Passport Rewards Terms and Conditions
ELIGIBILITY: Members must be 21 years of age or older. The Passport Rewards program is intended for individual use only. Individuals may not have more than one membership. Family members may not share a membership. Points may not be accumulated for a business entity. Accounts will be deactivated if not used within 12 months. If applicable laws prohibit us from offering the program to you, then you may not participate in the program. If applicable law prohibits us from offering you a feature of the program, then we may either not offer you that feature of the program or revoke your membership in the program. Gordon Biersch Brewery Restaurant Group employees and family members or people living in the same household as a GBBRG employee are not eligible to participate.
GETTING STARTED: You must then register your account with a valid name, birthdate, unique valid e-mail address and unique telephone number. Members are responsible for updating this information. Members cannot get credit for visits prior to registration in the Passport Rewards program web site.
LOCATIONS: Passport Rewards benefits and awards are available at participating Gordon Biersch locations only. Rewards may vary by restaurant location. Gordon Biersch reserves the right to add or withdraw participating locations without prior notice.
ACCUMULATING REWARDS & POINTS: Points are credited to your account when presenting your Passport Rewards card to your server at the restaurant. Points are accumulated at the rate of 1 point for $1.00 spent on food and beverages, excluding tax and gratuity. Points are not awarded for the purchase of gift cards. Only the member paying the bill may accumulate points. If a bill is paid by credit card, the name on the card must match the name on the Passport Rewards card. Passport Rewards Points are only awarded for checks that are paid for with cash, credit card, or purchased gift cards. If a portion of the meal is paid for with a discount, gift certificates, or promotional gift card, members cannot accrue points for that portion of their check. Members cannot accrue points for purchases that are paid with Stored Value from their Passport Rewards Card or purchases that are paid with gift cards that were issued to the guest for redeeming their Passport Rewards Points. Any errors on guest check receipt must be adjusted on the day the transaction was made. LAWS MAY PROHIBIT ACCUMULATION OF POINTS FROM ALCOHOL PURCHASES ONLY.
USING REWARDS & POINTS: Redemption of points and reward may vary depending on the location, particular offer or reward, and availability. Points and stored value are non-transferable. Points and stored value have no cash value and may not be redeemed for cash. Unredeemed rewards or stored value will be stored on your card until your next visit or the expiration of the reward or stored value. Points, stored value and rewards are subject to expiration.
WEBSITES: Gordon Biersch makes available to its members information about the Passport Rewards through its web site. Circumstances beyond our control may cause such information to be incomplete or unavailable. Therefore, Gordon Biersch does not warrant or guarantee that its web site information will be available or accurate at all times.
PERSONAL INFORMATION: We may collect personally identifiable information when you visit or use our web site. We may also receive personally identifiable information from our business partners. We also automatically receive and record information on our server logs from our browser including your IP address, cookie information and the page you requested. We may use this information for three internal purposes: (1) to customize the content you see; (2) to fulfill your request for certain services and information; and, (3) to contact you for the purpose of communicating about the program and special offers. We will not sell or rent your personally identifiable information to anyone. We will, however, send personally identifiable information about you to other companies or people when: (1) we have your consent to share the information; or, (2) we need to share your information to provide the product or service you requested; or (3) we need to send the information to companies who work on behalf of Passport Rewards to produce a product or service to you (unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us); or (4) we respond to subpoenas or court orders or legal processes.
ARBITRATION: The following Agreement describes the terms and conditions that apply to your participation in The Passport Program. By participating in and registering for The Passport Program, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
BINDING ARBITRATION: This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your participation in The Passport Program (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
ARBITRATION PROCEDURES: You must first present any claim or dispute to us by contacting us in writing or by electronic mail to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in either Denver, Colorado or Chattanooga, Tennessee depending on your location and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
COSTS OF ARBITRATION: All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration. WAIVER OF PUNITIVE DAMAGE CLAIMS AND CLASS ACTIONS By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
GOVERNING LAW - COLORADO: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of law rules.
DISCLAIMERS AND LIMITS ON LIABILITY: CraftWorks Restaurants & Breweries Group, Inc. and its affiliates and subsidiaries make no representations, warranties or conditions of any kind, express or implied, with respect to The Passport Program, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. The company does not represent or warrant that The Passport Program will always be accessible or that your participation will always be accepted.
In the event that CraftWorks Restaurants & Breweries Group, Inc., or its subsidiaries or affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the value of rewards associated with the dispute. The company and its subsidiaries and affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event the company or its subsidiaries or affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a loyalty program account through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
This agreement is the complete and exclusive statement of agreement between you and CraftWorks Restaurants and Breweries, Inc., and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
*Not valid at airport locations