Terms and Conditions
Papa Rewards Program
1. GENERAL TERMS:
Papa John’s International, Inc. and/or its subsidiaries or affiliates (“Sponsor,” “Company,” “COMPANY,” “we,” “us,” or “our”) offers qualified participants, as defined below (“Members,” individually, a "Member" or "You") the opportunity to participate in the Papa Rewards Program (the “Program” or the “Rewards Program”).
Through the Rewards Program, you may have the opportunity to earn rewards (“Rewards” or “Points”) for purchasing product and entering product codes, reading newsletters, referring friends, and other activities specified by Sponsor in these terms and conditions (the “Terms and Conditions,” “Agreement” or the "Program Rules"), on the Rewards Program website at www.papajohns.com/order/papa-rewards (the “Website” or the “Site”) and/or on Company social media sites (individually, a “Social Media Site” and together “Social Media” or “Social Media Sites”) at:
These terms and conditions govern the Rewards Program and the Company's relationships with Members of the Program. Any reference to "you" or "your" in these Program Rules means the person enrolling in the Program. Your participation in the Program is expressly conditioned upon your compliance with this Agreement and with all present and future Program Rules, terms, regulations, policies and procedures that Sponsor may, in its discretion, adopt from time to time. Program Rules are void where prohibited by law.
Sponsor has the sole discretion to interpret and apply the Program Rules, and all questions or disputes regarding these Program Rules will be resolved by Sponsor in its discretion. Neither the Program nor any reward or benefit offered by the Program creates, constitutes or gives rise to any legal or contractual rights by Members against Sponsor and/or their subsidiaries or affiliates.
The Program is offered only to (a) legal residents in the 50 United States, the District of Columbia, and Puerto Rico, (b) who are at least 18 years of age or older or have reached the age of majority in their state, province, or territory at the time of entry (each an “Eligible Member” or “Member” or “You”).
Only individuals are eligible for Rewards Program Membership (“Membership”), and each individual may maintain only one Membership Account (“Membership Account” or “Account”). Corporations, groups and/or associated entities cannot enroll as Rewards Program Members.
To participate in the Rewards Program, you must create a Membership Account. Eligible individuals may enroll by clicking on the links and following the instructions at the Website to provide the requested information [e.g., an email address and password (your “User ID”), and enter his/her site display name or “nickname”] and agree to the End User Terms. Your email and password will be your credentials for accessing the Program. Enrolled persons are referred to in these Program Rules as “Members.” Members must provide the required information to be enrolled and to be eligible to earn rewards and must have a device that is capable of accessing the Internet in order to access and use the Rewards Program. After the Membership Account is created and account information confirmed by Company, the Member becomes eligible to participate in the Program and earn points to obtain and redeem rewards.
You must be legally competent to enter into contracts to register with the Program. Each Member is solely responsible for all activities that occur under his/her Account and for maintaining the security of his/her log in credentials. You are responsible for protecting your User ID. If your User ID is compromised, you agree to immediately inform Company. Members must not disclose log-in credentials to any third party for any reason. Company will not be liable for any loss or damage of any kind arising from a Member’s failure to comply with the requirements of this paragraph or any Member responsibilities under the Program Rules.
A Member may maintain only one Rewards Program Membership Account. If more than one Membership Account is opened or maintained by any individual, Company may deactivate any duplicate Account(s) and may choose to recognize or award Points in connection with only one Member Account, at its sole discretion.
Company reserves the right to reject, revoke, cancel or suspend any Membership, reward, sweepstakes, and/or any and all unredeemed points, or take any other action at its discretion, at any time with immediate effect and without written notice or liability to any Member, if Company believes: (a) the Member has (1) violated any of the Program Rules; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Rewards Program; or (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Rewards Program, or Company or its Members or employees; or (b) Company's provision of the Rewards Program and/or any associated benefits (including but not limited to points, sweepstakes, coupons, and product samples) to Member may violate any applicable laws to which Company is subject from time to time. Membership in the Program may be revoked at any time. If you are not eligible to participate, you are prohibited from accessing, using and registering for the Rewards Program.
EARNING POINTS: Once a Member has completed the enrollment process, he or she may begin “earning” points. Through your participation in the Program, You as a member will have the opportunity to earn points (“Points”) for each purchase and/or for engaging in or completing certain specified qualifying tasks or activities (each, a “Qualifying Activity”) on the Website or approved third party partner websites or Social Media sites (together, the “Approved Sites”). Actions taken prior to enrollment are not eligible to earn Points. For each Qualifying Activity completed, the Member will receive a pre-determined and pre-announced number of Points (“Point Value”), as determined by Company in its sole discretion. A full and up-to-date list of how to earn Points, how Points are redeemed, and Qualifying Activities and their Point Values may be found at the Website. From time to time, Sponsor may also sponsor contests, sweepstakes or other promotions (“Promotions”) in connection with which it will identify certain actions and Social Media sites in the applicable Official Rules.
Other activities may be listed on the Site, on COMPANY’s Website, COMPANY Social Media Sites, or other promotional materials. Specific tasks that may earn points at any time and the amount of Points that the particular task is worth will be set forth either in these Program Rules or on the COMPANY Website, COMPANY Social Media Sites, or other promotional materials. This list may be updated from time to time with additional activities and tasks; Members should check back for new tasks.
Sponsor reserves the right in its sole discretion, at any time during the duration of this Rewards Program, to change the number of points awarded, or to award no points, for any particular Qualifying Activity, to offer additional or new Qualifying Activities for a limited time or permanently, to delete any or all means to earn points, to limit the number of times a Member may earn points for engaging in a Qualifying Activity or engaging in the activity during a specific time period, or to offer points earning opportunities to select groups of Members.b. Limitations and Exclusions on Qualifying Activities: Limit: One (1) Rewards Program account per person or email address. Members’ Accounts and activities in connection with this Rewards Program, including any and all Tweets, re-Tweets, posts, comments, photos, reviews, updates and other content uploaded to the Website or any Approved Sites in connection with this Rewards Program (“Member Content”) are subject to these Program Rules, including the below limitations and exclusions:
- Member Content may not include gibberish, nonsense keywords, random characters or hyperlinks to sites or content unrelated or not relevant to Sponsor or its business.
- Member Content intended to promote your or another’s business activities, or which is derogatory, includes profane or vulgar language or personal attacks is prohibited.
- Inappropriate online social media activity posted in connection with the Rewards Program is prohibited, and Company has the sole discretion to determine what constitutes inappropriate social media activity.
- Member represents and warrants that his or her Member Content: (a) (other than content originally shared by Sponsor with Member) is Member’s own original work, and does not contain any material that violates or infringes another’s rights, including moral rights, rights of privacy, publicity or intellectual property rights; (b) has not been submitted previously in any promotion of any kind or exhibited or displayed publicly through any means or media; (c) if a photograph, depicts Member only (if at all), and no other persons; (d) does not identify, reference or depict any competing team, franchise or brands, products or services, including by means of prominent trademarks (including words, logos or designs), other than those owned by Sponsor; and (e) does not disparage Sponsor or any party or agent affiliated with this Rewards Program, or include words or graphics that are offensive, lewd, hateful or defamatory of any person or group, or include any elements or gestures that, as determined by Sponsor, in Sponsor’ sole discretion, are negative, obscene or inappropriate. All third-party content and content unoriginal to you, other than content provided by Sponsor, is prohibited.
- Sponsor will not tolerate hateful or discriminatory speech, inappropriate language, or abusive activity of any kind. Any Member engaging in such activity in connection with the Rewards Program will have their Accounts cancelled and any Points or Rewards due to him or her will be forfeited
- Any statement by a Member about a product or service offered by Company and its subsidiaries or affiliates must be truthful, accurate and substantiated. Misrepresenting the benefits of a product is prohibited and may result in cancellation of the Member’s Account and forfeiture of any Rewards due to him or her.
- Any product review or endorsement by a Member, including but not limited to tweets and other Social Media Activity, must be a truthful and accurate representation of the Member’s opinion. Additionally, any review, tweet or other Social Media Activity incentivized by the awarding of Points must be accompanied by the hashtag #PapaRewards or such other hashtag as may be specified by Company on the Rewards Program Website.
- Member Content must be publicly available. For example, Member Content is not eligible to accrue points if a Member shares it via a Twitter (or other social sharing platform) account which is locked or set to a private option (where a user must approve all follow requests and/or Member Content is distributed to fewer than twenty five (25) followers).
- Member Content must comply with these Program Rules and the terms applicable to users of each Approved Site to which it is submitted, and must be submitted by the registered subscriber of the applicable Approved Site account, to which the Member Content is uploaded.
- Members operating multiple accounts at a single Approved Site, whether in their name or handle or using alternative names or handles, will be in violation of these Program Rules. For example, if a Member operates and uses multiple fake Twitter accounts to share or re-tweet Member Content, the Member will be disqualified from this Program.
- Use of fake Approved Site accounts, or accounts not registered to the Member using them for this Rewards Program, is prohibited and such use may lead to disqualification from this Program.
- Creation of fake Members, via electronic or manual efforts, in order to obtain referral or recruitment points is strictly prohibited and such creation may lead to disqualification from this Program.
- No robotic, software-generated, other automated, purchased or incomplete Qualifying Activities will earn points. Gaming, fraud or abuse relating to the earning of points may result in forfeiture of accrued points as well as termination of a Member’s account and/or this Rewards Program, in Sponsor’s sole discretion.
- Member Content that, in Sponsor’s discretion, is posted in order to manipulate any applicable leaderboard in a Promotion, the results of any Promotion operated by Sponsor, this Rewards Program or other Sponsor engagement programs, whether to boost the popularity of a Member’s own Member Content or to diminish the popularity of other Members’ Member Content, will disqualify the Member from this Rewards Program and will not earn points.
- Any leaderboard or other publication of Sponsor providing unvalidated, interim standings between Members in connection with a Promotion is provided for informational purposes only. A Member is not a winner of any reward or prize, even if a leaderboard should so indicate, unless and until the Member’s eligibility and Qualifying Activities have been verified under the Official Rules of the applicable Promotion
- If a friend, follower, or other individual likes, comments on or retweets the same Approved Site post multiple times, you will earn points only for the first action the friend, follower, or other individual takes with respect to a particular post or update. If the foregoing activity occurs repeatedly or excessively, as determined by Sponsor in its sole discretion, your Member Account may be terminated. No points are earned if a Tweet, comment or shared item is more than 2 weeks old at the time a friend, follower, or other individual re-Tweets it, likes it or comments in response to it.
- Member Content posted on Facebook, Twitter or another Approved Site, or actions on that Approved Site, that are posted then deleted, or liked then unliked, will not earn points, and may lead to the disqualification of the posting Member, at Sponsor’s sole discretion.
- In the event of a dispute over the identity of a Member, the Member will be deemed to be the Authorized Account Holder of the e-mail address identified at enrollment into this Rewards Program. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, social sharing site) that is responsible for assigning e-mail addresses for the domain associated with the applicable e-mail address, or such other person as the Company in its sole discretion may determine is the legitimate owner of the Member Account.
Points earned will be viewable through the Member’s Account. Company may change or remove any Reward at any time and without notice. Rewards may include, but are not limited to points, branded Company rewards, coupons, sweepstake entries, partner offers and discounts, and products. Rewards may vary and are subject to availability. To view the current Rewards being offered, as well as terms and conditions applicable to specific Rewards, please see the Website. Company reserves the right to change, modify, or otherwise alter the requirements to redeem a Reward at any time and without notice.
Company may modify, terminate or remove any Reward, the requirements for earning Rewards, and/or the terms and conditions applicable to any specific Reward at any time and without notice. Rewards may vary depending on the Program Rules at the time of access, and are subject to availability.
5. PROGRAM ACKNOWLEDGEMENTS:
By enrolling in this Rewards Program, each Member acknowledges and agrees that:
- Points are not valid unless earned in strict compliance with the requirements of these Program Rules and the Official Rules of any applicable Sponsor Promotion, as interpreted and applied by Sponsor, and Members shall not attempt to earn points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Sponsor’s determination of the amount of points available to any Member hereunder shall be final and binding for all purposes.
- Points have no cash, trade or barter value. Points cannot be redeemed for cash or have a cash-value. Members have no ownership interest in accrued points and points are not the property of Members. There may be a delay before points appear in a Member’s account after a Qualifying Activity has been completed, and Members shall have no claim against Sponsor based on failure of points to appear in a timely manner.
- Points may only be earned in connection with these Program Rules and any Sponsor Promotions and may not be redeemed by, or sold, exchanged or otherwise transferred to any other Member or to an account for any other rewards program.
- In the event that a Member fails to comply with these Program Rules or the Official Rules of any Promotion, Sponsor reserves the right to terminate the Member’s account and/or invalidate a Member’s points in addition to seeking any and all remedies available under the law. Upon termination of a Member’s account for any reason, all points will become null and void, regardless of when or how they were acquired by such Member.
- Upon termination of the Rewards Program for whatever reason, all points will become null and void and will not be redeemable for any good, service, or any other value, financial or otherwise.
- Sponsor’s ability to accurately allocate points to a Member’s account based on Qualifying Activities performed at Approved Sites may be restricted by the terms, conditions, or guidelines of such Approved Sites or the settings of Member and Sponsor will have no liability to a Member for such limitations on Points earnings.
- To the extent Members engage in any Qualifying Activity to earn points and use text messaging in connection with this Rewards Program, you acknowledge that text messages will be charged in accordance with your carrier’s standard text message and data rates. Contact your carrier and/or Internet access provider for pricing and details. All charges are the responsibility of the Member.
- This Rewards Program is not sponsored by, affiliated with, or endorsed by Facebook, Inc., Twitter, Inc., Instagram, Inc., LinkedIn Corporation, MySpace, LLC, YouTube, LLC, Snapchat, Inc., and/or Bytedance Ltd., their respective successors or any other owner or provider of a social sharing network at which Qualifying Activities earning points may be completed.
No robotic, software-generated, other automated or incomplete Qualifying Activities will earn points. Gaming, fraud or abuse relating to the earning of points may result in forfeiture of accrued points as well as termination of a Member’s account and/or this Rewards Program, in Sponsor’s sole discretion. In addition, Sponsor reserves the right to take legal action, including criminal prosecution, as Sponsor deems necessary, in Sponsor’s sole discretion.
6. MEMBER CONTENT: INTELLECTUAL PROPERTY
By submitting or posting any Member Content (a “Content Submission”), Member explicitly acknowledges and agrees that the Sponsor, and its legal representatives, customers, clients, successors or assigns, shall have the irrevocable, perpetual, and worldwide right to license, sub-license, edit, alter, post, reproduce, publicly display and publish, in any media, including online, any or all material which you upload to the Website, with or without first and/or last name credit to the Member without any additional consideration or approvals from or to Member; and Content Submissions that attempt to restrict this right will not be considered. Each Member warrants and represents that his/her Content Submission is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Content Submissions must not include any entity’s brand name, logo, company name, trademark, service mark, copyrighted material, or material that is in any way proprietary except that of Sponsor. By submitting a Content Submission, you warrant that the Content Submission does not violate any law, regulation or right of any third party, including but not limited to copyright, trademark, rights of publicity or privacy, that you are in compliance with these Terms and Conditions and that the Content Submission has not been published or submitted in any other competition. If the Content Submission contains an identifiable person other than the Member who submitted the Content Submission, by submitting the Content Submission, the Member represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and such person may be required to provide written consent to the Promotion Entities’ use of the Content Submission.
Each Member understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Member also acknowledges that many ideas may be competitive with, similar or identical to Content that Member may submit as part of the Program or any Promotion and/or each other in theme, idea, format or other respects. Each Member acknowledges and agrees that such Member will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Member acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Content Submission. Finally, each Member acknowledges that, with respect to any claim by Member relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Content Submission or other material submitted, the damage, if any, thereby caused to the applicable Member will not be irreparable or otherwise sufficient to entitle such Member to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the Member’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
7. ADDITIONAL TERMS AND CONDITIONS:
- PROGRAM UPDATES; MEMBER COMMUNICATIONS: From time to time, Rewards and other information will be updated on the Rewards Program Website. Please check the Rewards Website for the most up-to-date information and notices. Each Rewards Program Member is responsible for reading the Program Rules and any other communications from Company in order to understand his or her rights, responsibilities, and status in the Rewards Program, as well as the structure for earning Points and Rewards. Company may amend the Program Rules at any time without notice. By becoming a Member of the Program, Member agrees to receive advertising, marketing materials and other communications from Company as permitted by law. Name and address changes should be made by logging into your account and editing contact and location information, respectively. Company is not responsible for communications, including Rewards, lost due to a change of address or other contact information.
- TAXES: ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF REWARD ARE NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF WINNER.
- TERMINATION/CANCELLATION: With the exception of individual Sweepstakes and Promotions, which shall have start and end dates as set forth in the official rules for the individual Sweepstakes and Promotions, the Rewards Program has no predetermined termination date and may
continue until such time as Company, at its sole discretion, elects to designate a program termination date. Company reserves the right, in its sole discretion and without notice, to terminate, cancel or expire the Program, in whole or in part, or an individual Member’s enrollment in the
Program for any reason and at its sole discretion, with or without cause. “Termination” shall be defined as ending the Rewards Program, with no further ability to earn Points and/or redeem Rewards by any Member in the Program; the Program has not been terminated if a replacement/successor
program is made available to the Program Members that offers the Members a reasonable means to earn Points and redeem Rewards. “Cancellation” shall be defined as the expiration or revocation of an individual Member’s membership, for any reason, with or without cause. Termination and
Cancellation may result from violation of any of the terms and conditions of this Agreement and/or fraudulent or unauthorized use of the Member Account. Members may cancel participation in the Program by (1) logging into their online account; (2) accessing their Dashboard; (3) selecting
“Opt Out;” and (4) checking “Remove Me from the Papa Rewards Program.” Customers can request no further marketing communication by (1)logging into their online account; (2) accessing their Dashboard; (3) selecting “Profile, Communication Preferences;” and (4) uncheck “eMail and Text
Offers.” If Company terminates this Agreement and Member’s use of the Account without cause, Members will be notified via email and will have sixty (60) days from the date of Termination or Cancellation to redeem any Awards associated with their Account(s). Points are non-transferable, and
may not be sold or assigned or exchanged for any value, they may only be used to participate in the Rewards Program. Points cannot be redeemed for cash or have a cash value. In the event this Agreement is terminated, this Part shall survive in accordance with its terms.
Company reserves the right, in its sole discretion and without notice, to expire a Member’s enrollment in the Program after six (6) months of account inactivity. All accrued Credits and Reward Dollars will be lost if the membership expires or is cancelled.
LIMITATION OF LIABILITY AND RELEASE: BY ENROLLING IN THE PROGRAM, ACCUMULATING POINTS AND RECEIVING REWARDS, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND
DECISIONS OF SPONSOR AND ADMINISTRATOR, WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE TERMS AND CONDITIONS; (C) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST SPONSOR, ADMINISTRATOR, THEIR PARENT OR
AFFILIATED ENTITIES, TWITTER, INC., FACEBOOK, INC., YOUTUBE LLC, INSTAGRAM, INC., YOUTUBE, INC., SNAPCHAT, INC., OR ANY OTHER OWNER OR PROVIDER OF A SOCIAL SHARING NETWORK AT WHICH QUALIFYING ACTIVITIES EARNING POINTS MAY BE COMPLETED, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) IN CONNECTION WITH THE WEBSITE, ANY REWARDS PROGRAM, INCLUDING ANY REWARD, AND (D) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS,
LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, OUTSIDE ATTORNEYS' OR LEGAL FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE WEBSITE, ANY REWARDS PROGRAM, OR ANY ACTIVITIES IN CONNECTION WITH THE
WEBSITE OR A REWARDS PROGRAM, OR ANY REWARD, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN ANY REWARDS PROGRAM OR OTHER ACTIVITY, (II) TYPOGRAPHICAL, PRINTING, AND OTHER ERRORS IN THESE OFFICIAL RULES OR ANY REWARDS PROGRAM MATERIALS, (III) ANY CHANGE IN
ANY REWARD (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY, OR DUE TO REASONS BEYOND COMPANY’S CONTROL, (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF ANY REWARDS PROGRAM, (V) HUMAN ERROR, (VI) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF
ANY ENTRY, (VII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITE OR ANY TELEPHONE NETWORK, COMPUTER SYSTEM, COMPUTER ONLINE SYSTEM, COMPUTER TIMING AND/OR DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY COMPANY, ANY OF
THE RELEASED PARTIES OR BY YOU, (VIII) INTERRUPTION OR INABILITY TO ACCESS THE WEBSITE OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (IX) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR
MALFUNCTIONS, (X) ANY LATE, LOST, STOLEN, MUTILATED, MISDIRECTED, ILLEGIBLE, DELAYED, GARBLED, CORRUPTED, DESTROYED, INCOMPLETE, UNDELIVERABLE OR DAMAGED REWARDS PROGRAM SUBMISSIONS, (XI) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE RELEASED PARTIES OR
OF ANY OTHER THIRD PARTY, (XII) LOST, LATE, STOLEN, MISDIRECTED, DAMAGED OR DESTROYED REWARDS (OR ANY ELEMENT THEREOF), OR (XIII) THE NEGLIGENCE OR WILLFUL MISCONDUCT BY YOU OR OF ANY THIRD PARTY. COMPANY AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR
TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN ANY REWARDS PROGRAM, IN ANY ACTIVITY OR "CHALLENGE" AND/OR THE ACCEPTANCE OR USE OF ANY REWARD. BY PARTICIPATING IN THE REWARDS PROGRAM, OR THE USE OF ANY REWARD, YOU EXPRESSLY ASSUME ALL LIABILITY
AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK. By enrolling in this Rewards Program, Member agrees for Member and Member’s heirs, executors, administrators and assigns, to release and hold harmless, and hereby releases and holds harmless,
the Released Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever arising from or in connection with: (1) any unauthorized access to, alteration or use of Member’s account, transmissions or data, any material or data sent or received or not sent or
received through this Rewards Program, (2) any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights; or (3) a Member’s acceptance, possession, grant, or use of any
points, prize or reward, including without limitation, product failure or liability, personal injury, death and property damage arising therefrom.
IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ALL MEMBERS AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF POINTS OR ANY REWARD OR PRIZE, AND/OR PARTICIPATING IN THE REWARDS PROGRAM, REWARDS PROGRAM-RELATED ACTIVITIES, INCLUDING SWEEPSTAKES, CONTESTS, AND OTHER ACTIVITIES IN ANY WAY RELATED TO THIS REWARDS PROGRAM OR ANY PROMOTION OPERATED IN CONNECTION WITH THIS REWARDS PROGRAM, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY (A) MATTER BEYOND THEIR REASONABLE CONTROL, OR (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS REWARDS PROGRAM, MEMBER AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS REWARDS PROGRAM OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SUCH SITE. COMPANY DISCLAIMS ANY LIABILITY FROM AND IN CONNNECTION WITH THE WEBSITE.
- DISCLAIMER OF ALL WARRANTIES: THIS REWARDS PROGRAM, INCLUDING, WITHOUT LIMITATION, POINTS AND REWARDS, AND ALL PROGRAM SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER SPONSOR OR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS REWARDS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS REWARDS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED; OR (F) ANY LEADERBOARD USED IN CONNECTION WITH THIS REWARDS PROGRAM OR ANY RELATED PROMOTION IS ACCURATE OR COMPLETE. A MEMBER’S USE OF THE REWARDS PROGRAM IS SOLELY AT THE MEMBER’S OWN RISK. DISPUTE RESOLUTION: Except where prohibited by law, Members (and former Members) agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Rewards Program or any points, prizes or benefits awarded hereunder shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Jefferson County, Kentucky; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Rewards Program, but in no event attorneys’ or experts’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Program Rules, or the rights and obligations of the Member (or former Member) and Sponsor in connection with this Rewards Program, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, United States without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.
Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of this Rewards Program, or with the Website or any other websites or Approved Sites relating to this Rewards Program; or (b) acting in
violation of these Program Rules. Any attempt by a Member or any other person to deliberately damage the Website or undermine the legitimate operation of this Rewards Program may be a violation of criminal and civil laws; and should such an attempt be made, Sponsor reserves the right to seek
remedies and damages (including attorneys’ and experts’ fees) from any such entrant or other person to the fullest extent permitted by law, including seeking criminal prosecution.
For more information about the Program and/or Member Accounts, or if you have other questions, see the Program Website at www.papajohns.com/order/papa-rewards, Program FAQ's, or email us via our Customer Feedback Form.