Terms of Use

CHICKEN KITCHEN “GOLD WING” REWARDS CLUB

TERMS AND CONDITIONS

This Chicken Kitchen “Gold Wing” Rewards Club (“Rewards Club” or “Rewards Program”), accessible via the Chicken Kitchen website (“Website”) at www.chickenkitchen.com and the Chicken Kitchen mobile app (“App”), is offered by Chicken Kitchen, its franchisees and affiliated companies (“Company”, “we”, or “us”). These Terms and Conditions (“Terms and Conditions”) apply only to the “Gold Wing” Rewards Club and are a legal and binding agreement between you and Company governing your participation in the Rewards Club, which includes without limitation, its content, information, services and features.

PLEASE READ THESE TERMS AND CONDITIONS, WHICH SHALL INCLUDE BY REFERENCE THE REWARDS CLUB FREQUENTLY ASKED QUESTIONS (FAQS) CAREFULLY. BY PARTICIPATING IN THE REWARDS CLUB, 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 CLUB.

Modifications

We may modify these Terms and Conditions and the Rewards Club Frequently Asked Questions (FAQ) on our Website from time to time, in our sole and exclusive discretion. Your continued participation in the Rewards Club 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 Club or any portion thereof; (2) change, revise, or modify this Rewards Club or any portion thereof; (3) interrupt the operation of this Rewards Club or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to this Rewards Club; and/or (5) terminate the authorization, rights, and license given in these Terms and Conditions. Upon any termination of your access to the Rewards Club or of the Rewards Club, any rights and licenses granted to you herein shall terminate

Content and Use

The Chicken Kitchen Rewards Club content, including without limitation, all content, information, and other materials featured, displayed, contained, and available on the Website and App relating to the Rewards Club (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 Club, 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.

Rewards Club

Company offers the Rewards Club to reward and thank our loyal customers. The Rewards Club is available to enrolled members only (“Members”), at participating Company locations in the United States. Points and Rewards accumulated under the Rewards Club are promotional and have no cash value. There are no membership fees associated with the Rewards Club.

Eligibility

You may enroll in the Rewards Club 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 Club.

The Rewards Club 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 Club. If you are between the ages of 13 and 18, you may only participate in the Rewards Club under the direct supervision of a parent or legal guardian who also agrees to be bound by these Terms and Conditions.

Enrollment/Rewards Club Account

You can enroll in the Rewards Club and create a Rewards Club account (“Rewards Account”) in one of the following ways:

Downloading the App on your mobile device and creating a username and password; or
Visit the Chicken Kitchen Website and go to the signup page located at chickenkitchen.com/eclub/

Your Rewards Club 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 Rewards Club Account per person and two Rewards Accounts per device.

As a part of the Rewards Club, 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 Club. 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 Club 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 Club changes and certain features of the Rewards Club may no longer be available to you.

Earn Points and Redeem Rewards

Members can earn points by making qualified purchases from participating Chicken Kitchen restaurants. By earning points, members can generate Rewards. Rewards accumulated in a Rewards Club Account may be redeemed on purchases at participating Chicken Kitchen locations. For more information on how to earn points and redeem Rewards, review our FAQ here:

Company may offer points and/or Rewards 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.

Non-Transferable / No Cash Value / Expiration of Points and Rewards

Points and 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 offer, gift card, gift certificate, or coupon Points and Rewards will expire after a designated period of inactivity. Any Points and Rewards that are not redeemed prior to expiration may not be reinstated or recovered.

Rewards Account Access and Termination

Company reserves the right to terminate your Rewards Club Account and/or your participation in the Rewards Club 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 Club. Company also reserves the right to close and render ineligible for the Rewards Club any account that has been inactive for 1 year. Inactive is defined as no Points or Rewards Credits earned.

Company has the right at any time, with or without notice, to:

modify the Rewards Club, the Rewards Club FAQ, and/or these Terms and Conditions;
end or cancel the Rewards Club and/or any specific Points or Rewards;
change any reward or other Rewards Club benefit we offer;
change the requirements for earning Points and/or Rewards;
change the time you have in which to earn or use Points and/or Rewards; and/or
change any other feature of the Rewards Club.

If we end the Rewards Club for any reason, Points and Rewards you have earned but not used will expire on the end date, and you may not redeem any Points or Rewards after the end date.

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.

No Warranties

THE REWARDS CLUB, 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 CLUB, 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 CLUB, 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.

Electronic Communications

When you use the Website or App or send e-mails to us, you are communicating with us electronically. By participating in the Rewards Club, 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.

International Users

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 the State of Florida, 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 Miami Dade, Florida for any disputes arising out of these Terms and Conditions or the Rewards Club. Notwithstanding this provision, you agree that 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 CLUB, YOU AGREE THAT ANY DISPUTES RELATING TO THESE TERMS AND CONDITIONS OR THE REWARDS CLUB 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.

Privacy

Please review our Privacy Policy located at / [Include link] (the “Privacy Policy”), which is incorporated herein and governs your use of the Rewards Program, Website and App, to understand Company’s privacy practices.

General Provisions

All or any of Company’s rights and obligations hereunder may be assigned to a subsequent owner or operator of the Rewards Club 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.

Questions

If you have any questions regarding the Rewards Program or these Terms and Conditions, you can contact us at: info@chickenkitchen.com

Last Updated

Terms and Conditions last updated on March 26, 2022