Rock Rewards

BY ACCEPTING TO USE OUR WiFi, YOU AGREE TO RECEIVE MARKETING COMMUNICATIONS FROM ROCK BOTTOM RESTAURANTS & BREWERIES

ELIGIBILITY

Members must be 21 years of age or older. The Rock Rewards program is intended for individual use only. Individuals may not have more than one membership. Family members may not share a membership. Points may not be accumulated for a business entity. Accounts will be deactivated if not used within 12 months. If applicable laws prohibit us from offering the program to you, then you may not participate in the program. If applicable law prohibits us from offering you a feature of the program, then we may either not offer you that feature of the program or revoke your membership in the program.

Rock Bottom reserves the right to disqualify any participant, at any time and for any reason deemed appropriate by Rock Bottom. By participating in this Promotion, participant agree to be bound by these provisions and the decisions of Rock Bottom and to release Rock Bottom, its respective parent companies, affiliates, subsidiaries, representatives, franchisees, partners and agents, and each of their respective officers, employees, directors, shareholders, representatives, successors and assigns from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with any negligence, claims, liability, injury, property loss or other damages or participant's participation in the Promotion, or the acceptance, possession or use/misuse of any materials supplied in connection with the Promotion including, without limitation, any beverage mug or other container. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, ROCK BOTTOM RESERVES THE RIGHT TO DISQUALIFY AND TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

GETTING STARTED

You must activate your card with a valid name, birthdate, active e-mail address, and telephone number. Members are responsible for updating this information. Members cannot get credit for visits prior to activation in the Rock Rewards program web site.

LOCATIONS

Rock Rewards benefits and awards are available at participating Rock Bottom locations. Rewards may vary by restaurant location. Rock Bottom reserves the right to add or withdraw participating locations without prior notice. Accumulating and redeeming points at our airport locations is subject to the terms and conditions set forth below.

ACCUMULATING REWARDS AND POINTS

Points are awarded for dollars spent, visits made, and pints of beer purchased where permitted by law. All points and visit credits are tracked on your account when presenting your Rock Rewards card to your server at the restaurant. Only the member paying the bill may accumulate Rock Rewards Points, Pint Points and visit credits. If a bill is paid by credit card, the name on the card must match the name on the Rock Rewards card. Any errors on guest check receipts must be adjusted on the day the transaction was made.

ROCK REWARDS POINTS

Rock Rewards Points are accumulated at the rate of 1 point for $1.00 spent on food and beverages, excluding tax and gratuity, for both dine-in and “To Go” orders. Additional points may be available through special promotional offers. You can earn up to 500 points per day. Points are not awarded for the purchase of gift cards or merchandise. Rock Rewards Points expire after 12 months of inactivity. Rock Rewards Points are only awarded for checks that are paid for with cash, credit card, or purchased gift cards. If a portion of the meal is paid for with a discount, gift certificates, or promotional gift card, you cannot accrue points for that portion of your check. You cannot accrue points for purchases made with Stored Value from your Rock Rewards Card or purchases that are paid with gift cards that were issued in connection with Rock Rewards Points. You may accrue Rock Rewards Points for purchases at our airport locations by contacting us at rockrewards@cwrestaurants.com . Rock Rewards Points should appear on your account within 24 hours but may be subject to delays. LAWS MAY PROHIBIT ACCUMULATION OF POINTS FOR ALCOHOL PURCHASES.

ROCK REWARDS

For every 100 Rock Rewards Points you accumulate you will earn a $10 discount to Rock Bottom. This discount can be used towards the purchase of food and beverage items. This discount will be stored on your account until your next visit or until the expiration date. Rewards expire 30 days after they are earned, unless otherwise noted. LAWS MAY PROHIBIT THE REDEMPTION OF REWARDS FOR ALCOHOL PURCHASES.

VISIT CREDITS

Each time you use your Rock Rewards card for the purchase of food or beverage, we credit your account with one visit credit. You may only earn one visit credit per day. Once you have accumulated 15 visit credits, you will be eligible to earn 1.25 points for every $1.00 spent on food and beverage purchased Monday – Friday. Once you have accumulated 30 visit credits, you will be eligible to earn 1.5 points for every $1.00 spent on food and beverage purchased Monday – Friday. Once you have accumulated 50 visits, you will be eligible to earn 2 points for every $1.00 spent on food and beverage purchased Monday - Friday. Rock Rewards visit credits will reset after 6 months of inactivity.

PINT POINTS

Each time you purchase a pint of beer, we will credit your account with one Pint Point. Once you have accumulated 50 Pint Points you will be deemed a member of our Mug Club and you will be eligible to use a Mug Club Mug to drink beer for the price of a pint where permitted by law. You will also be eligible for invitations to special Mug Club members-only events.

REDEMPTION AND EXPIRATION OF POINTS & REWARDS

Redemptions of points and reward may vary depending on the location, particular offer or reward, and availability. Rock Rewards Points, Pint Pints and visit credits are non-transferable. The points or rewards offered in the Rock Rewards program have no cash value and may not be redeemed for cash. LAWS MAY PROHIBIT REDEMPTION OF ROCK REWARDS POINTS OR ROCK REWARDS FROM ALCOHOL PURCHASES.

ROCK REWARDS POINTS

Rock Reward Points expire after 12 months of inactivity

ROCK REWARDS

Members may only redeem one reward per visit. Unredeemed rewards will be stored on your card until your next visit or the expiration of the Rock Reward. Rewards must be redeemed in full increments. For example, if a single reward of $10 is uploaded to your card and your next purchase is $5.00, the entire reward will be deemed used. Our computer system will not carry over the remaining value of the reward on your card. We do not give cash back on the unused portion of any reward. Earned Rock Rewards, coupons, and offers expire thirty days, unless otherwise noted, from the date the offer or reward. Rock Rewards may not be redeemed at our airport locations.

VISIT CREDITS

Rock Rewards Point multipliers will be automatically stored on your account once you accumulate 15, 30 or 50 visits. Visit credits reset on after 6 months of inactivity..

PINT POINTS

Pint Points will be automatically stored on your account. Pint Points and membership in the Mug Club are not currently subject to expiration.

CANCELLATION OR TERMINATION OF BENEFITS

Members may cancel their membership at any time by contacting us at rockrewards@cwrestaurants.com . Rock Rewards may cancel this program in its entirety; end or modify any specific reward or benefit; modify requirements for earning benefits, modify the time period in which you have to earn a particular benefit; and/or modify any other feature of the program at any time and without prior notice. Any changes to the program or a particular reward may result in the expiration of your points and those expired points will have no cash value. Accumulated points are not member property and may be revoked, cancelled, limited, or modified at any time, even though such action may adversely affect the member's right to use previously accumulated points. Federal and State tax liabilities are the responsibility of the cardholder.

WEBSITES

Rock Bottom makes available to its members information about the Rock Rewards through its web site. Circumstances beyond our control may cause such information to be incomplete or unavailable. Therefore, Rock Bottom does not warrant or guarantee that its web site information will be available or accurate at all times.

PERSONAL INFORMATION

We may collect personally identifiable information when you visit or use our web site. We may also receive personally identifiable information from our business partners. We also automatically receive and record information on our server logs from our browser including your IP address, cookie information and the page you requested. We may use this information for three internal purposes: (1) to customize the content you see; (2) to fulfil your request for certain services and information; and, (3) to contact you for the purpose of communicating about the program and special offers. We will not sell or rent your personally identifiable information to anyone. We will, however, send personally identifiable information about you to other companies or people when: (1) we have your consent to share the information; or, (2) we need to share your information to provide the product or service you requested; or (3) we need to send the information to companies who work on behalf of Rock Rewards to produce a product or service to you (unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us); or (4) we respond to subpoenas or court orders or legal processes.

LEGAL LIABILITY LIMITS

You agree that Rock Bottom and its parent company, subsidiaries, their directors, officers, employees, agents, franchisees and their parent companies, subsidiaries, directors, officers, employees, and agents shall not be responsible or liable to you for: (1) any claim, loss, injury, damage, delay, accident, cost or expense, including attorney's fees, arising out of or related to the Rock Rewards program, these Terms & Conditions, and the Web site; (2) any incidental, indirect, special, punitive, exemplary or consequential damages, arising out of or related to the Rock Rewards program, (3) use of the information you provide to us to enrol in the Rock Rewards program. The law of the state of Tennessee without regard to its conflict of laws rules, will govern your enrolment and participation in the program and our performance of our obligations under the program. If you have any questions, please contact us at rockrewards@cwrestaurants.com .

ARBITRATION

The following Agreement describes the terms and conditions that apply to your participation in Rock Rewards. By participating in and registering for Rock Rewards, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.

BINDING ARBITRATION

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your participation in Rock Rewards (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

ARBITRATION PROCEDURES

You must first present any claim or dispute to us by contacting us in writing or by electronic mail to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in either Denver, Colorado or Chattanooga, Tennessee depending on your location and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

COSTS OF ARBITRATION

All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration. WAIVER OF PUNITIVE DAMAGE CLAIMS AND CLASS ACTIONS By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

GOVERNING LAW - COLORADO 

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of law rules.

DISCLAIMERS AND LIMITS ON LIABILITY

CraftWorks Restaurants & Breweries Group, Inc. and its affiliates and subsidiaries make no representations, warranties or conditions of any kind, express or implied, with respect to Rock Rewards, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. The company does not represent or warrant that Rock Rewards will always be accessible or that your participation will always be accepted. 

In the event that CraftWorks Restaurants & Breweries Group, Inc., or its subsidiaries or affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the value of rewards associated with the dispute. The company and its subsidiaries and affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event the company or its subsidiaries or affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a loyalty program account through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control. 

The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law. 

We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement. 

This agreement is the complete and exclusive statement of agreement between you and CraftWorks Restaurants & Breweries, Inc., and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.