Birdbucks

Birdcall Birdbucks Terms of Use

The Birdcall Birdbucks loyalty program (the “Program” as further defined below) is offered by Birdcall Holdings, LLC and/or its subsidiaries, designees and affiliates (“we” or “us”). These Terms and Conditions (“Terms and Conditions”) apply only to the Program offered herein, and not to any other website, mobile program, product, service, or program offered by us. These Terms and Conditions are a legal and binding agreement between you and us governing your use of the Program, including its content, information, services, and features. 

PLEASE READ THESE TERMS AND CONDITIONS, WHICH APPLY TO YOUR ENROLLMENT AND PARTICIPATION IN, AND ANY OTHER USE OF, THE PROGRAM. YOUR ENROLLMENT IN AND CONTINUED USE OF THE PROGRAM, INCLUDING THROUGH ANY PORTION OF OUR WEBSITE OR MOBILE APP, CONSTITUTES YOUR UNCONDITIONAL CONSENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY US. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ENROLL IN, USE, OR ACCESS THE PROGRAM IN ANY MANNER. 

Modifications 

We may modify these Terms and Conditions from time to time, and will publish any modified Terms and Conditions accordingly. Your use of the Program and/or enrollment in the Program following any such modifications, changes, amendments and/or updates constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as modified, changed, amended and/or updated. You are responsible for reviewing the Terms and Conditions each time you use or access any portion of the Program. 

Additionally, we may at any time, for any reason, and without notice or liability: (1) modify, change, suspend or discontinue the loyalty Program or any portion thereof altogether or at any restaurant location(s); (2) change, revise, or modify requirements for earning a reward or tier; (3) change the Program structure or any feature of the loyalty Program; (4) interrupt Program operation for maintenance or support or any portion thereof for maintenance and support; and/or (5) impose limits on certain features and services or restrict access to the loyalty Program. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to the Program, or that operation of the Program will be uninterrupted or error free. You understand that usage of the Program may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Subject to these Terms and Conditions, at any time we reserve the right to terminate your account for any reason, including but not limited to account inactivity or a violation of the terms and conditions. 

Content & Use 

The Program and all content, information, and other materials featured, displayed, contained, and available in connection with the Program (collectively, the “Content”) are intended solely for your own individual, non-commercial use. Unless otherwise explicitly specified, the Program and Content are copyrights, trademarks, trade dress, patents, and/or other intellectual property owned, controlled or licensed by us or by third parties who have licensed their materials to us and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement, and assembly) of the Program and the Content are the exclusive property of ours and are protected by U.S. and international copyright laws. 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 Program or its Content. 

You agree to always use the Program and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. We may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Program, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law. You acknowledge and agree that you do not acquire any ownership or license rights by virtue of downloading the Program or any Content. All rights not expressly granted under these Terms and Conditions are expressly reserved to us. 

Program 

We offer the Program to reward and thank our loyal restaurant customers. The Program is available to enrolled members at participating Birdcall® restaurants in the United States (while we’ll do our best to make clear to you which locations do and do not participate in the Program, that information may not always be clear to you, and it is your responsibility to inquire as to each location’s participation). Points and other forms of denominational credit accumulated under the Program are promotional and have no cash value. There are no membership fees associated with the Program. 

Eligibility: You may enroll in the Program if you: (1) are a legal resident of the United States; (2) at least 18 years of age at the time you enroll (see restriction below); (3) have an active, valid email address and mobile phone number; (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Program. 

The Program is not targeted towards, nor intended for use by, anyone under the age of 18. If you are under the age of eighteen (18), you may continue to use or sign up for an app account, but you may not use any of its Program functionality, even under the supervision of your parent or legal guardian. In no event may you participate in the Program, or sign up for an app account if you are under the age of thirteen (13). 

Enrollment/Loyalty Account: You can enroll in the Program and create a loyalty account (“Loyalty Account”) by downloading the Birdcall Birdbucks loyalty app from the Apple App store or Google Play store.

Your Loyalty Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others, or used for any commercial purposes. You may have only one (1) Loyalty Account. If we determine that you have created more than one (1) Loyalty Account, we may deactivate your Loyalty Account(s) at our discretion. 

As a part of the Program, we will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the Program, email, SMS and/or any other ways you may have selected when you enrolled in the Program; at enrollment you will be auto-opted into e-mail communications to verify your account with the ability to then opt-out in our app or by using the unsubscribe link in the bottom of our e-mails. If your account contact information changes, it is your responsibility to change your account contact information including email address and phone number. If you already have an account for our app or online ordering today, you may be automatically enrolled in the loyalty Program to earn rewards and are subject to these terms and conditions upon opening the app. 

Your download of the Program for use on a mobile device constitutes your acknowledgment and acceptance that: (i) these Terms and Conditions is an agreement between you and us, and not the Program store provider (e.g., Apple, Google) (“Program Store Provider”); (ii) the right to use the Program is non-transferrable and may only be operated by you pursuant to the Program Store Provider’s respective terms of use or service; (iii) we, not the respective Program Store Provider, are responsible for addressing any claims relating to the Program and a user’s possession or use of the Program, including but not limited to: (a) any product liability claims; (b) any claim that the Program fails to conform to any applicable legal or regulatory requirements; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of a third party’s claim of intellectual property right infringement relating to the Program, the Content, or the user’s possession or use of the Program, we, not the respective Program Store Provider, are solely responsible for the investigation, defense, settlement and discharge of that intellectual property infringement claim; and (v) you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. 

Loyalty Points Accrual and Rewards: You will earn and receive Birdcall Birdbuck Points (as defined below) towards Loyalty Rewards (as defined below) and tier status as follows: 

Qualifying Purchases:  Members will earn and receive points toward redemption by making qualified purchases at participating Birdcall® restaurants, including online and mobile purchasing (“Qualified Purchase”), by placing and paying for a mobile order via our app; [B1]While issuing points is automatic in many cases, Program credit must be requested before payment and the phone number associated with your loyalty account must be provided to ensure that you get your points! The purchase of catering orders and gift cards are not qualifying purchases. The maximum number of points that can be earned per transaction, regardless of the purchase amount, is 50,000. 

“Qualifying Purchase” includes only Online order food & drink purchases directly from the Birdcall app. Purchases that do not qualify include but are not limited to (x) gift cards; (y) catering orders; and (z) third-party orders including, but not limited to DoorDash, Uber Eats, Postmates and GrubHub.  

You will earn 5 points per United States Dollar (“$” or “U.S. Dollar”) spent on Qualified Purchases. To be eligible for a Qualified Purchase, the single transaction total must be greater than $1.00. Transaction amount will be rounded down to the nearest dollar for the consideration of points earned. You will not earn points when purchasing Birdcall® gift cards. The maximum amount of points you can earn for a single Qualified Purchase is 50,000 points regardless of the total amount of the transaction. You may only earn points for five (5) Qualified Purchases/Transactions per 4-hour period, regardless of the number of items purchased during that period. You will not earn points with respect to the amount of the purchase total correlated to tips, taxes and fees (e.g., delivery fees, bag fees). 

Once verified by us, the number of points to which you are entitled will be added to your Loyalty Account. The points Available for Redemption displayed on the Rewards Tab of the app is calculated by adding the total number of points earned in any method during the life of a guest’s account, subtracting out the points used towards reward redemptions or that have expired. Account History can be viewed by tapping Program Details under the Rewards Tab. Your points are non-transferrable and do not have any cash value. Points will not be credited for past orders that are in excess of 30 days old from the date listed on your receipt.

Loyalty: You will unlock certain Loyalty Rewards (a “Reward“) by accumulating a certain number of points for Qualified Purchases, and you may redeem such Reward at participating Birdcall® restaurants. Once you earn a Reward, the amount of points for the respective Reward shall be deducted from your Loyalty Account, and you may start accumulating points towards another Reward. You may only redeem one (1) Reward or Referral Bonus per transaction regardless of the number of points or Referral Bonus you have earned in your Loyalty Account. You are allowed to redeem only five (5) Reward or five (5) Referral Bonus per -4-hour period. A Reward or Referral Bonus may not be combined with any other offer or coupon. The number of days that points and Referral Bonuses are valid varies; check your account for expiration dates. Your points shall expire if you do not, for a period of 180 consecutive days, either: (i) complete a Qualified Purchase; or (ii) redeem a Reward or Referral Bonus at a participating Birdcall® restaurant. Account activity history can be viewed by tapping Program Details under the Rewards tab. 

Challenges and Bonus Offers

Guests will have the opportunity to complete limited-time Challenges and to earn “bonus” (i.e., extra or additional) points on a limited basis within the Program by meeting specific criteria. Once a guest completes the defined criteria, the completion Reward will be deposited into their account immediately. 

Some Challenges and/or Bonus Offers may include referral tasks as criteria. Guests referred must use the unique referral code upon program enrollment and complete a qualified purchase before the completion Reward or extra bonus points will be awarded. Referral codes cannot be distributed through third party websites or social media without the express written permission of Birdcall; doing so may result in account deactivation. Limit of 15 completed referrals per year will qualify to receive this bonus. 

Bonuses are subject to modification, change, suspension or discontinuation at any time without notice.  

Rewards & Offers 

Guests in the Program may also receive special Offers that do not require points to use in addition to Rewards. Note Rewards and Offers may restrict the channel in which they can be applied (In Restaurant, Online or Both). View the Rewards/Offer description in your account for details. Guests may redeem only one Reward, Offer, Referral Bonus, Challenge Reward, Coupon or Promotion during a single visit. Rewards, Offers, Referral Bonuses, Challenge Rewards, Promotions & Coupons may expire; check your offer for expiration dates. Rewards and Offers are subject to modification, change, suspension or discontinuation at any time. Once redeemed for points a Reward must be applied to a check within 2 hours (if not used within that time frame, the points are redeposited in your account). Rewards and Offers are void if reproduced, altered or shared (including online or through a mobile device or app) and where prohibited. Rewards and Offers will not be replaced if lost or stolen and have no cash value. Rewards and Offers subject to change without notice at any time. Unless otherwise noted, all Rewards and Offers are valid for one time use at participating Birdcall restaurants and are subject to availability. Rewards are not valid on third-party orders including, but not limited to those from DoorDash, Uber Eats, Postmates and GrubHub.

PROGRAM REWARDS 

(The Number of points needed to Redeem each award shall be listed in the App)  

Subject to availability in restaurant. 

Program Offers 

• Sign Up Offer: $5 off an order made through the app within 21 days of sign up
• Half – Birthday: Free Milkshake valid for 30 days provided on your half-birthday (if date of birth information is added to your guest profile)
• Refer a Friend: $10 off an order provided after your friend signs up and places an order

Additional Program Terms

Additional Program Terms: We reserve the right to suspend or terminate your account at any time for any reason including inactivity or violation our Terms & Conditions, you have more than one (1) Loyalty Account, or that the use of your Loyalty Account is unauthorized, deceptive, fraudulent or otherwise unlawful or harmful. We may, in our sole discretion, suspend, cancel, or combine Loyalty Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Program. After 365 days of account inactivity, any available points in a guest’s account may expire. Activity is defined as earning points or redeeming a Reward. 

We have the right at any time, with or without giving you prior notice, to: 

end or cancel the Program and/or any specific Reward; 

change any Reward, Offer, Bonus or other 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 Program. 

If we end the Program, Rewards, Offers, points and Referral Bonuses you have earned but not used will automatically expire. 

Login and Registration: Certain features or services offered on or through the Program may require you to complete a registration process and/or set up 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 us immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by us or any other Program 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. We shall not be liable for any loss or damage arising from your failure to comply with these obligations. 

No Warranties: THE PROGRAM, THE CONTENT, AND THE LOYALTY PROGRAMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE AND OUR RELATED ENTITIES, AFFILIATES, SERVICE PROVIDERS AND OUR AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “BIRDCALL PARTIES”) HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BIRDCALL PARTIES DO NOT REPRESENT OR WARRANT THAT THE PROGRAM OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE, BY YOUR USE OF THE PROGRAM, THAT YOUR USE IS AT YOUR SOLE RISK. 

Limitations of Liability: IN NO EVENT SHALL ANY OF THE BIRDCALL PARTIES 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 PROGRAM (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE LOYALTY PROGRAM, OR THESE TERMS OF USE, WHETHER OR NOT WE 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 visit the Program or send emails or SMS messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, SMS or by posting notices on the Program. 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. 

International Users: The Program is controlled, operated, and administered by us from offices within the United States and is intended solely for use and access by persons residing in the United States, its territories and possessions. We make no representation regarding use of the Program outside of the United States. You may not use the Program or export any portion of it in violation of U.S. export laws and regulations. If you access the Program from locations outside of the United States, you are responsible for compliance with all local laws. 

Governing Law/Venue: The Program is governed by and subject to the laws of the State of Colorado, U.S.A., 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 Colorado, U.S.A., for any disputes arising out of these Terms and Conditions, the Program, or the   Program. Notwithstanding this provision, you agree that we may apply for injunctive or other equitable relief in any court of competent jurisdiction. 

Indemnification: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ALL OF THE BIRDCALL PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THE PROGRAM; AND/OR (II) YOUR BREACH OF ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS. 

Privacy: Please review our Privacy Policy located at https://www.eatbirdcall.com/privacy-policy/ (the “Privacy Policy”), which is incorporated herein and also governs your use of the Program, to understand our privacy practices. 

Account Deletion: If you choose to delete your account from within the Birdcall mobile app, make a request for account deletion or a general request to delete your data, you will lose access to your Birdcall Birdbucks account; all points and available Rewards will also be deleted when your account is deleted, and may be unrecoverable. We make no representation nor warranty that any information, include accrued value of any kind, relating to your Loyalty Account, or the Loyalty Account itself, can be recovered or reinstated after it has been deleted.

General Provisions: All or any of our rights and obligations hereunder may be assigned to a subsequent owner or operator of the Program in a merger, acquisition or sale of all or substantially all of our assets.  If, for any reason, a court of competent jurisdiction 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.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. 

CONTACT US

Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described related to Birdcall Birdbucks.