TERMS AND CONDITIONS
When you use our website, mobile application or other data collection tools or sources, personal information and certain information about your online or in-store transaction activity is collected. We use this information to determine our guests’ preferences, to design initiatives to meet those preferences, to eliminate online hassles, and to generally make your in-restaurant, mobile and/or online FORTUNE COOKIES experience more satisfying. We recognize that the loyalty of our customers depends upon our relationships with them and we strongly support the rights of customers to maintain privacy of personal data. We want to make your guest experience online satisfying and safe. We want to provide you with the means to control your privacy and give you a way to voice questions or concerns you may have.
DECLINING EMAIL OFFERS
When you join the Ganbei program, you are required to provide your email address and phone number. The program is an email-based program, using email as the primary channel to communication about all earned rewards, program benefits, program changes, and all promotions and offers available to members. If you no longer wish to receive email communications from FORTUNE COOKIES, you will forfeit the ability to earn and use Ganbei Club offers.
HOW YOU CAN CORRECT ANY INACCURACIES IN THE INFORMATION
You have the ability to access and edit the personal information that you have provided to the FORTUNE COOKIES Ganbei program. To update your information or to cancel your account, please visit www.fortunecookiesrestaurant.com.
LOGGING IN TO MOBILE APPLICATION
If you join the Ganbei program via phone, or log in to your Ganbei Club account on the mobile phone, you will be asked whether you want the mobile application to remember you. If you choose yes, the mobile application will remain logged in to your account. You may be prompted to log in again to access certain functions on the mobile application, such as requesting rewards. At any time you can choose to log out of your account by choosing the logout button on the application.
YOUR ACCEPTANCE OF THESE TERMS
GANBEI CLUB TERMS AND CONDITIONS
The Ganbei Program (the “Program”) is a customer recognition program that rewards enrolled FORTUNE COOKIES guests (“Members”) for dining with us. Enrollment, membership, and all related benefits of the Program, including the use of the website or FORTUNE COOKIES mobile application, are offered to you by FORTUNE COOKIES, at its discretion. The Program is restricted to participating FORTUNE COOKIES restaurants located within the 50 United States, excluding U.S. territories (“Participating Restaurants”). Your participation in this Program is subject to these Terms and Conditions (these “Terms”), including any changes made to these Terms in the future. The Program is sponsored by FORTUNE COOKIES, 18774 Brookhurst Street, Fountain Valley CA 92708. To participate in the Program, you need to be a Member. If you’re not already a Member, you can join at www.fortunecookiesrestaurant.com or via the FORTUNE COOKIES mobile application. Simply follow the instructions you’ll see there. The Program is subject to cancellation or modification at any time without notice. With the Program you will receive credit for each dollar you spend at Participating Restaurants for qualifying purchases. When your stripes balance reaches a reward threshold level, you can claim a reward. You can then visit www.fortunecookiesrestaurant.com or the mobile application, and log in if you desire to request a reward. When you claim your reward, the appropriate number of stripes will be deducted from your account. You will only be able to request rewards that correlate to the number of stripes you have available in your account. Rewards are accessible instantly upon request online or via the mobile application and can be printed, stored on your mobile device, emailed to your email address on file or accessed later as they are stored in a Reward History module within your account. From time to time, you will receive an email notification, to the email address on file, that you have enough stripes to be eligible to claim a reward. Your reward certificate will expire if not used at a Participating Restaurant within 60 days from the date it is issued. Reward certificates may not be used toward payment of tax or tip or for the purchase of alcoholic beverages or FridaysSM gift cards. The reward certificate has no cash value, is not for resale and no change will be given for reward certificate redemption. Your reward certificate will have a serialized number and/or a bar code. Rewards without this information will be considered invalid and will not be accepted in restaurant. The reward certificate terms state that the certificate is for one-time redemption only. The reward certificate will contain the member’s name and should be used by the member. Members cannot request more than two (2) reward certificates on a given date and no more than three (3) reward certificates in a given week. Limit of one (1) reward certificate per Member per visit. Lost, stolen or expired reward certificates will not be replaced. Stripes will not be re-credited to a member’s account for lost, stolen or expired reward certificates. Reward certificates may not be used in conjunction with other coupons, promotions or discounts. FORTUNE COOKIES reserves the right to substitute a reward of equal or greater value for any reason. Give Me More Ganbei reward levels offered are subject to additions, modifications, inclusion/exclusion changes and eliminations. Void where prohibited.
ELIGIBILITY AND ENROLLMENT
PROMOTIONS AND MEMBER BENEFITS
The terms of specific Program promotions will be disclosed at the time of the offering. Our website and mobile application will explain Member benefits and specific promotion details, which are subject to change at any time. Some promotions may include rewards based on the dollar amount you spend on purchases of food and beverage at Participating Restaurants. For more information about what types of purchases do not count toward rewards, see the paragraph entitled “Non-Qualifying Purchases” below. To receive credit for a qualifying purchase, you should identify yourself as a Ganbei Member and provide either your account number or the phone number you used to sign up to your server. Ganbei is an email-based program. Member benefits, promotions, program updates, and account-based operational messages will be communicated to Members via email. During an ongoing promotion, our website may contain a summary of your purchase balance, listing the amount of stripes credits you have spent in qualifying purchases during a promotion. You can also check your stripes credits via the mobile application. We will credit your account with the amounts of qualifying purchases only after the Participating Restaurant processes the stripes account associated with the purchase. We are not responsible for any delay or failure to record purchases to your account. Some restaurants may not participate in the Program, so be sure to check with the restaurant location before you make your purchase. We will attempt to credit your account with qualifying purchases on a timely basis. However, you have the responsibility of making sure that your purchases are properly credited. Please retain copies of your receipts and/or account statements for your records. Any claim for purchases not credited accurately must be received by us before the end of the then-current promotional offer. We have no liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption or accumulation of participation credit or any other aspect of the Program; (b) any delay or failure to credit your account; or (c) any failure to provide Program communication. We reserve the right to invalidate purchases credited to your account and associated stripes credits if we determine that such purchases were improperly credited to your account or obtained fraudulently. We reserve the right to require proof of qualifying purchases recorded in your account, and we reserve the right to delay the processing of any reward, without notice to you, in order to assure compliance with these Terms. You are responsible for restricting access to and maintaining the confidentiality of your account and password, and you agree to accept responsibility for the activities of anyone using your password. The Program is void where prohibited.
RESTRICTIONS ON USE AND REDEMPTION
We are not obligated to apply Program rewards to pay for the following: sales tax, state fees, delivery charges, room rental fees or gratuities. We reserve the right at any time to limit Program enrollment, or to establish different levels of Program participation or targeted offers that may result in promotions that are not available to all Members. We may discontinue your membership and void or cancel your account and any associated stripes credits at any time, for any reason, without notice to you, including if we suspect that you have engaged in fraud or theft, or have otherwise acted illegally, or in violation of these Terms. These rights are in addition to any other legal or equitable remedy that may be available to us under applicable law. You may only enroll in the Program for yourself, and may only participate in the Program using your own account. You cannot participate in the Program on behalf of other Members or non-members. Two or more members cannot combine or merge accounts for any reason. An individual member that has multiple accounts can request that their accounts be merged. An individual should only have one account. You should not rely upon the continued availability of the Program, or any earning or redemption offers, merchandise or other offers made in connection with the Program. All rewards are available while supplies last and are subject to change and/or revocation without notice.
PROGRAM OR ACCOUNT TERMINATION OR MODIFICATION
You may cancel your Ganbei membership at any time by unsubscribing here: http://www.fortunecookiesrestaurant.com. Cancellation may take up to ten (10) business days to finalize. During that period, you may receive previously scheduled account or promotional emails. You will forfeit your entitlement to any Program reward and/or stripes credits immediately upon deactivation or termination of your membership. If you do not make a qualifying purchase during a period greater than twelve (12) months, your account balance may be reduced to zero and you may forfeit any Member participation credit you had accumulated. We reserve the right to deactivate any Member account that has not earned a qualifying purchase during a period greater than twelve (12) months. We reserve the right, at our sole discretion, to (a) suspend, change or terminate the Program, any individual promotion, or any member benefit, in whole or in part; (b) modify, limit or suspend the use and/or redemption of any participation credit, such as qualifying purchase credit, in any respect; (c) modify or change redemption procedures, including the amount of participation credit required for particular rewards; (d) modify, limit or suspend the collection of participation credit, including but not limited to imposing time limits and changes in participation credit values. We may make these changes even though the changes may affect the value of Member participation credits already accumulated at any time and from time to time. Your continued participation in the Program after any modification to the Program and/or these Terms will indicate your acceptance of any such modification. You expressly agree to assume responsibility for reviewing the Terms for any updates or modifications. If you don’t agree to any changes to the Program or these Terms, your sole remedy is to cancel your account (and forfeit any unused participation credits and/or rewards). You expressly agree to waive and set aside your respective rights and obligations under any applicable law in the event of any termination of the Program or modification of these Terms to the extent that such law requires any judicial pronouncement for the termination of the Program or modification of these Terms. We also agree to waive and set aside our respective rights and obligations in this regard.
MEMBER COMMUNICATIONS AND PROGRAM PARTICIPATION
When you join the Ganbei program, you are required to provide your email address and phone number. The program is an email-based program, using email as the primary distribution channel to communicate for all earned rewards, program benefits, and program changes and updates promotions and offers. If you no longer wish to receive email communications from FORTUNE COOKIES, you will forfeit the ability to earn and use Give Me More Ganbei credits that you have earned. If you wish to opt out of emails from Give Me More Ganbei, you will no longer receive emails from FORTUNE COOKIES unless you decide to opt in at a later date. If you opt out of emails, please allow up to 10 business days for your request to go into effect. From time to time, Give Me More Ganbei members may be eligible to participate in certain promotions and giveaways. As part of registering for those giveaways, you may be asked whether you’d like to receive notifications via text message. If you agree to those communications, you may receive text messages regarding that promotion or giveaway. This messaging may be subject to text message and data rates.
MEMBER OBLIGATIONS AND REPRESENTATIONS
By submitting an application to enroll in the Program, or by taking part in the Program, you are expressly agreeing to be bound by these Terms, as they may be amended from time to time. You agree not to misuse Program privileges by engaging in conduct that is detrimental to us, including without limitation: having multiple accounts; making purchases on the behalf of other Members; participating in purchasing or redemption fraud; or using any robot, spider, other automatic device or manual process to transact with or monitor the Program. You agree to comply at all times with all laws, rules, and regulations that are applicable to you. You hereby acknowledge that you may only participate in the Program if and to the extent that such participation is permitted by all applicable laws, rules, and regulations, and that your application for enrollment is subject to our acceptance. We may refuse at any time to enroll you, or to restrict, modify, or terminate your participation in the Program without liability to you or any law, rule, or regulation. You agree to provide only accurate and true information to us at all times. You agree to comply with all of these Terms and with the terms of any affiliated and/or related programs, offers and promotions at all times. You agree to promptly notify us of any change in address, whether mail or email, by updating personal information on our digital or mobile application. You agree that your participation in the Program is entirely at your own risk.
LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS AGAINST US NEITHER FORTUNE COOKIES, ITS PARENTS, AFFILIATES, OR SUBSIDIARIES, PROGRAM AFFILIATES, SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“ASSOCIATES”) SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “LOSSES AND DAMAGES”), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS; (II) THE PROGRAM, THE WEBSITE OR THE MOBILE APPLICATION; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF A CARD OR ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM MADE BY US OR ANY ASSOCIATE OR ANY OTHER PERSON OR ENTITY; OR (VI) THE PURCHASE, REDEMPTION FOR OR USE OF ANY REWARDS WHETHER MADE AVAILABLE BY US, ONE OF OUR ASSOCIATES OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE.
The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, even if we or our affiliates or our or their representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.
IN NO EVENT SHALL OUR AND OUR AFFILIATES’ MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).
By participating in the Program you hereby agree: (a) to release us and all of our affiliates, subsidiaries, franchisees, Program partners, vendors, distributors and independent contractors, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred with respect to the issuance, receipt, possession, and/or use or misuse of any reward; (b) under no circumstances will you be permitted to obtain rewards for, and you hereby waive all rights to claim, punitive, incidental, consequential, special or any other damage or loss, other than for actual out-of-pocket expenses; (c) all causes of action or claims arising out of or connected with the Program, or any reward shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
NO WARRANTY THE PROGRAM, WEBSITE OR THE MOBILE APPLICATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE WEBSITE. GOVERNING LAW
Your application for enrollment, participation, and redemption of rewards in connection with the Program are subject to our verification and acceptance, which acts shall be deemed made, performed, transacted, and closed in the State of Texas, USA. By participating in the Program, you agree that the laws of the State of Texas, without regard to any conflict of laws rules, will govern your and our observance of these Terms.
If we fail to act with respect to your breach or anyone else’s breach of these Terms on any occasion, we do not waive our right to act with respect to future or similar breaches. These Terms constitute the entire agreement between you and us regarding your participation in the Program, your entitlement to earn rewards through the Program, and your entitlement to any other benefits of the Program, and supersede all prior agreements between us, whether oral or written, including, without limitation, all previous versions of these Terms. If any provision of these Terms (including limitations of liability) is held by a court of competent jurisdiction to be void, invalid, contrary to law, or unenforceable for any reason, such provision shall be deemed changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. We are the final authority as to the interpretation of these Terms and as to any other questions or disputes regarding the Program or any reward. If you have any problems or questions, just