This Smokey Mo’s TX BBQ® Rewards Program (“Rewards Program”), accessible via the Smokey Mo’s TX BBQ® website (“Website”) at https://smokeymosbbq.com/ and the Smokey Mo’s TX BBQ® mobile app (“App”), is offered by Smokey Mo’s TX BBQ® and its franchisees and affiliated companies (“Company”, “we”, or “us”). These Terms and Conditions (“Terms and Conditions”) apply only to the Rewards Program and are a legal and binding agreement between you and Company governing your participation in the Rewards Program, which includes without limitation, its content, information, services, and features.
PLEASE READ THESE TERMS AND CONDITIONS, WHICH SHALL INCLUDE BY REFERENCE THE REWARDS PROGRAM FREQUENTLY ASKED QUESTIONS (FAQS), CAREFULLY. BY PARTICIPATING IN THE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE REWARDS PROGRAM.
We may modify these Terms and Conditions and the Rewards Program Frequently Asked Questions (FAQ) on our Website https://smokeymosbbq.com/mo-stuff/bbq-faq/ from time to time, in our sole discretion. Your continued participation in the Rewards Program after any modification confirms your acceptance to the revised Terms and Conditions and FAQs.
Additionally, Company may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this Rewards Program or any portion thereof; (2) change, revise, or modify this Rewards Program or any portion thereof; (3) interrupt the operation of this Rewards Program or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to this Rewards Program; and/or (5) terminate the authorization, rights, and license given in these Terms and Conditions. Upon any termination of your access to the Rewards Program or of the Rewards Program, any rights and licenses granted to you herein shall terminate
Content and Use
The Smokey Mo’s TX BBQ® Rewards Program content, including without limitation, all content, information, and other materials featured, displayed, contained, and available on the Website and App relating to the Rewards Program (collectively, the “Content”) is owned by or licensed to Company and protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Company grants you a personal, non-exclusive, non-transferable, limited right to access, use, and display Content while participating in the Rewards Program, 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, the Content.
You agree to use the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Company may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to Company, the Website, the App, the Content, users, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.
Company offers the Rewards Program to reward and thank our loyal customers. The Rewards Program is available to enrolled members (“Members”) at participating Company locations in the United States. Points and Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.
You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) are at least 13 years of age at the time you enroll; and (3) have an active, valid e-mail address. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.
The Rewards Program is not targeted towards, nor is it intended for use by, anyone under the age of 13. Children under 13 may not participate in the Rewards Program. If you are between the ages of 13 and 18, you may only participate in the Rewards Program under the direct supervision of a parent or legal guardian who also agrees to be bound by these Terms and Conditions.
You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways:
- Downloading the App on your mobile device and creating a user name and password or utilizing a single sign on application; or
- Create a Rewards account during check out on the online or mobile ordering, or
- Visit the Smokey Mo’s TX BBQ® Website and go to the signup page located at https://smokeymosbbq.com/rewards
Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You are responsible for keeping your login information secure. Limit: One (1) Rewards Account per person.
Once a Rewards Account is deleted by a Member or as a result of becoming lapsed, a new account may be created but the data, points, and any earned rewards from the deleted account will be automatically deleted.
As a part of the Rewards Program, Company 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 or provided through subsequent modifications. 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. You may opt-out of marketing communications at any time. Please keep in mind that if you opt out of all email communications, important notices of Rewards Program changes and certain features of the Rewards Program may no longer be available to you.
Qualifying Purchases (“Qualified Purchases”).
In the Rewards Program, Members can earn one point (“Points”) for every one dollar, net of taxes, delivery fees, tip, or additional fees (like bag fees), spent at any participating Smokey Mo’s TX BBQ® when a Qualified Purchase is made (i) through the App or, (ii) online for pick up or delivery when logged into your Reward Account or, (iii) in a Smokey Mo’s TX BBQ® restaurant when they scan the Rewards App at the register. No points are earned when purchasing Smokey Mo’s TX BBQ™ Gift Cards. Once they have earned and accumulated 100 Points in a Rewards Account, they will earn a $5 reward (“Reward”). Once you earn a Reward, you may start accumulating points towards another Reward.
Members may only earn Points in one transaction per twenty four-hour period, and only up to 500 Points maximum per transaction.
Receipts must be scanned within 14 days of purchase to qualify for points.
Once verified by us, the number of Points to which Members are entitled will be added to their Rewards Account. Members can track Points and Rewards earned for Qualified Purchases by logging into the Rewards Account History in the App or online rewards account. Points and Rewards are non-transferrable and do not have any cash value.
In addition to earning Points through Qualified Purchases, Company may offer Points, Rewards, and offers to members from time to time, such as on birthdays and for participation in surveys, events, referral programs, sweepstakes, contests, games, or other promotional activities.
Points shall expire and your Rewards Account may be deemed inactive if a Member does not, for a period of 365 consecutive days, complete a Qualified Purchase (see Account Access & Termination, below)
Rewards: (i) may not be transferred, assigned or sold; (ii) have no cash value and are not redeemable for cash, cash equivalents, gift cards, or gift certificates; and (iii) may not be combined with any other Rewards Offer upon redemption.
Members may redeem only one (1) Reward per 24-hour period. A Reward may not be combined with any other Smokey Mo’s TX BBQ® Rewards offer or coupon.
Once activated, rewards must be redeemed within 30 minutes of activation.
Any unused Reward will expire six months from the date it was earned.
There is no maximum amount of redemptions on a single transaction.
Rewards Account Access
Company 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 or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Company 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. Company also reserves the right to close and render ineligible for the Rewards Program any Rewards Account that has been inactive for 1 year. Inactive is defined as no Points or Rewards Credits earned.
Login and Registration / Password Security
Certain features or services offered on or through the Website and 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 Company immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Company or any other third party 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. Company shall not be liable for any loss or damage arising from your failure to comply with these obligations.
THE REWARDS PROGRAM, WEBSITE, APP AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY 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, COMPANY DOES NOT GUARANTEE THAT THE REWARDS PROGRAM, WEBSITE, APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ACTIVITY BY PARTICIPANTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitations of Liability
IN NO EVENT SHALL COMPANY 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 THE REWARDS PROGRAM, WEBSITE, APP, OR CONTENT (INCLUDING THEIR AVAILABILITY, MODIFICATION OR TERMINATION), WHETHER OR NOT COMPANY 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 use the Website or App or send e-mails to us, you are communicating with us electronically. By participating in the Rewards Program, you consent to receive communications from us electronically and 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.
Company’s Website and App are controlled, operated, and administered by Company from offices within the United States of America. We make no representation regarding use of the Website or App outside of the United States. You may not use the Website or App or export any portion of them in violation of U.S. export laws and regulations. If you access the Website or App from locations outside of the United States of America, please keep in mind that U.S. laws may not be as protective as laws in other countries and you are responsible for compliance with all applicable laws and regulations, including local laws in the place where you are located.
Governing Law, Jurisdiction and Venue
The Rewards Program is governed by and subject to the laws of Texas 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 Austin, TX for any disputes arising out of these Terms and Conditions or the Rewards Program. Notwithstanding this provision, you agree that the Company may file a civil action or apply for injunctive or other equitable relief in any court of competent jurisdiction.
Class Action Waiver
BY PARTICIPATING IN THIS REWARDS PROGRAM, YOU AGREE THAT ANY DISPUTES RELATING TO THESE TERMS AND CONDITIONS OR THE REWARDS PROGRAM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF A COURT OR OTHER COMPETENT AUTHORITY DETERMINES IN A PROCEEDING INVOLVING YOU AND COMPANY THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT WILL BE VOID AS TO YOU. IN ANY DISPUTE, YOU FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
All or any of Company’s rights and obligations hereunder may be assigned to a subsequent owner or operator of the Rewards Program in a merger, acquisition or sale of all or substantially all of Company’s 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. Company’s failure to act with respect to a breach by you or others does not waive Company’s right to act with respect to that breach or subsequent or similar breaches.
If you have any questions regarding the Rewards Program or these Terms and Conditions, you can contact us at:
Terms and Conditions last updated on May 29, 2023
Copyright © May 29, 2023 Smokey Mo’s TX BBQ. All rights reserved.
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