Terms and Conditions
This [Pretzelmaker Loyalty APP] (the “App”) is offered by Fat Brands Inc and its subsidiaries (collectively, “Fat Brands”, “we”, or “us”). These Terms and Conditions (“Terms and Conditions”) apply only to this App and the Rewards Program (as defined below) offered herein, and not to any other website, mobile app, product, service, or program offered by us. These Terms and Conditions are a legal and binding agreement between you and Fat Brands governing your use of this App, which includes its content, information, services, and features.
Please read these Terms and Conditions, which apply to your use of this App and enrollment and participation in our Rewards Program. If you do not agree to these terms, then do not use this App or participate in the Rewards Program. By enrolling in the Rewards Program you accept the guidelines regarding use and participation contained herein.
We may modify these Terms and Conditions from time to time. Any changes or modifications will be effective immediately upon posting the revisions to [Pretzelmaker Website] and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in this Rewards Program confirms your acceptance of these Terms and Conditions and any such changes or modifications; therefore, you should review these Terms and Conditions frequently to understand the terms and conditions that apply to the Rewards Program. If you do not agree to the changes or modifications, you must stop participating in the Rewards Program.
When we do, we will notify you by email or otherwise as required under applicable law. It is therefore very important that you update your account information or notify us when your email address changes. Any changes to these Terms and Conditions will also be posted here. Your continued use of the App or participation in the Rewards Program after any modification confirms your acceptance to the modifications.
Additionally, Fat Brands may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.
Content & Use
This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the “Content”) are owned by or licensed to Fat Brands and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Fat Brands grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content.
You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Fat Brands may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.
Fat Brands offers the [Pretzelmaker] Rewards Program (the “Rewards Program”) to reward and thank our loyal customers. The Rewards Program is available to enrolled members at participating [Pretzelmaker] locations in the United States. Unfortunately, not all locations have the ability to participate in the Rewards Program or honor rewards at this time. Visit the Pretzelmaker Loyalty App to find the location nearest to you where you can earn and redeem rewards. Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.
Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.
The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only join the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways:
- Click here to create a Rewards Account;
- Visit the [Pretzelmaker] website located at [Pretzelmaker Website]; or
- Through your Facebook account using the App.
Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account.
As a part of the Rewards Program, Fat Brands will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.
Earning Rewards: The benefits that are available to you through the Rewards Program are based on purchases made at participating locations. You will earn points based on the value of your purchase. For every dollar you spend, you earn the same amount of points. If you spend $1 then you earn 1 point. Once you reach 50 points, you will receive a $5 Reward to be used towards Pretzelmaker purchases.
Additional Rewards Program Terms: Fat Brands reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Fat Brands may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. Fat Brands also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for 12 consecutive months. Inactive is defined as no Rewards earned.
Fat Brands has the right at any time, with or without giving you prior notice, to:
- end or cancel the Rewards Program and/or any specific Reward;
- change any Reward or other Rewards Program benefit we offer;
- change the requirements for earning a particular Reward;
- change the time you have in which to earn a particular Reward; and/or
- change any other feature of the Rewards Program.
If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.
Login and Registration
Certain features or services offered on or through this App may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Fat Brands immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Fat Brands or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s account or login information. Fat Brands shall not be liable for any loss or damage arising from your failure to comply with these obligations.
THIS APP, THE CONTENT, AND THE REWARDS PROGRAMS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND FAT BRANDS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FAT BRANDS DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitations of Liability
IN NO EVENT SHALL FAT BRANDS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE REWARDS PROGRAM, OR THESE TERMS AND CONDITIONS USE, WHETHER OR NOT FAT BRANDS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
This App is controlled, operated, and administered by Fat Brands from offices within the United States of America. We make no representation regarding use of this App outside of the United States. You may not use this App or export any portion of it in violation of U.S. export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws.
This App is governed by and subject to the laws of the State of California, USA and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in Los Angeles County, California for any disputes arising out of these Terms and Conditions, the App, or the Rewards Program. Notwithstanding this provision, you agree that Fat Brands may apply for injunctive or other equitable relief in any court of competent jurisdiction.
All or any of Fat Brands rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Fat Brands assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Fat Brands failure to act with respect to a breach by you or others does not waive Fat Brands right to act with respect to that breach or subsequent or similar breaches.
If you have any questions regarding the App, the Rewards Program, and/or these Terms and Conditions, you can contact us at: 5555 Glenridge Connector, Suite 850, Atlanta, GA 30342, attn: General Counsel
Terms and Conditions last updated on 8/11/21.
Copyright © 2021 Fat Brands Inc. All rights reserved.