Caribou Perks® Program Terms and Conditions
Program Terms and Conditions
Table of Contents
- Overview of Caribou Perks® Program
- Caribou Perks Membership Qualifications; Registration
- Earning Points; Rewards; Redemptions; Expiration
- Perks Program Rewards; Expiration; Redemption.
- Contact Authorization
- Information We Collect and How We Use It
- Notice to California Residents
- Contact Us
- Your Right to Terminate Your Participation in the Program
- Caribou Coffee Remedies
- No Representations, Warranties, or Conditions
- Limitation of Liability
- No Liability for Third-Party Partners
- Restrictions of State Law
- Governing Law
- Changes to these Program Terms
- Force Majeure
- Law Enforcement/Government Requests
- Program Void
- Entire Agreement
These Caribou Perks Program (“Caribou Perks”) terms and conditions (“Program Terms”) set forth the terms and conditions applicable to Caribou Perks. In these Program Terms, “you,” “your,” or “member” refer to the person who has successfully registered for the Caribou Perks or who is an existing Caribou Perks member. “Caribou Coffee,” “we,” or “us” refer to Caribou Coffee Operating Company, Inc. Subject to these Program Terms, and as a benefit of membership in the Caribou Perks, you may earn and redeem rewards points at participating Caribou Coffee locations.
Your registration for the Caribou Perks and/or continued membership in the Caribou Perks program indicates your acceptance of and agreement to all of these Program Terms, including, without limitation the arbitration provision in Section 18 below. Be sure to check these Program Terms periodically for updates, as your continued membership signifies your acceptance of these Program Terms as they may include from time to time, including, without limitation, any changed provisions. You agree that we may provide notices, disclosures, and amendments to these Program Terms, and other information relating to the Program by electronic means, including posting these materials online.
You further agree that we may change, add, or eliminate any Caribou Perks rewards, features or benefits, or participating locations; or change or end the Caribou Perks Program; in whole or in part, at any time, and without notice or compensation.
Overview of Caribou Perks® Program
Caribou Perks is a loyalty program offered by Caribou Coffee. It is a points-earning and redemption program that rewards members for making purchases or participating in other qualifying activities. Points can be used in Caribou Coffee U.S. retail coffeehouse as well as cariboucoffee.com. Additionally, Caribou Perks occasionally offers members additional promotional rewards (for example, a birthday reward).
Caribou Perks is only valid at participating Caribou Coffee locations, which may change from time to time in the sole discretion of Sponsor. Non-participating locations include, without limitation, non-participating franchisee locations, and restaurants in stadiums, airports, hospitals, hotels, college campuses and military bases. Caribou Perks is valid only in the 50 United States and the District of Columbia.
Caribou Perks Membership Qualifications; Registration
To be an eligible member in the Caribou Perks, you must be (a) a resident of one of the 50 United States or the District of Columbia and at least 13 years of age, (b) have a valid email address and phone number that are each used only by you, and (c) represent only yourself as an individual (such that any corporations, groups, associations, or other commercial participants are not eligible). When registering, you must complete and submit all required registration information to create your Caribou Perks account. If you have already registered and desire to change your member profile information, you may do so using the Caribou Coffee App or by visiting cariboucoffee.com to make any desired changes. You are responsible for keeping your information current and you may only hold one Caribou Perks account at any given time.
To register for the Perks Program
Use the Caribou Coffee mobile application (the “Caribou Coffee App”), register online at https://www.cariboucoffee.com/my-account/, or text “PERKS” to 762-CARIBOU. Only one person may be associated with any one Caribou Perks account and only one phone number and email address may be associated with one Caribou Perks account. For additional help, please contact Caribou Coffee Customer Service team.
Your Caribou Perks username and password, and Caribou Perks account are for your personal use only. You are responsible for maintaining the security and confidentiality of your Caribou Perks username(s) and password(s), Caribou Perks account and profile information (including registered email address and phone number), Caribou Perks Card (if any) and you agree to be responsible for all activities that occur with any of the foregoing or otherwise in connection with the Program.
Earning Points; Rewards; Redemptions; Expiration
Subject to these Program Terms, an eligible member whose Caribou Perks account is in good standing may currently earn 2 points per 1 U.S. dollar ($1) spent on eligible purchases at participating Caribou Coffee locations in the United States and at https://cariboucoffee.com/. Eligible in-store purchases are limited to all in-store transactions (excluding past purchases and purchases of gift cards). Online purchases are eligible when logged-in with Caribou Perks account and purchase include coffee beans, canned beverages, tea, K-Cup® Pods, treats, and merchandise (excluding gift cards, eGift cards, online delivery partners and past purchases). Points are earned only on the actual amount paid by a member in an eligible transaction (after any applicable discounts and before taxes). Points are earned only on whole dollar purchases and not partial dollar purchases, and a partial dollar purchase will not be rounded up to the next dollar (for example, a $1.15 purchase would earn only two points). Points, if previously earned, will be deducted by Caribou Coffee, in our sole discretion, for returns, canceled orders, chargebacks, and other circumstances affecting an applicable transaction. Purchases at non-participating locations, taxes, and select online purchases are not eligible. Points will not be earned on charitable donations. Participating locations and point values are subject to change at Caribou Coffee’s sole discretion without notice.
To earn points based on making eligible purchases, you must either (a) “check-in” at the point of sale at a participating Caribou location prior to completing your purchase, (b) by using the Caribou Coffee app or the phone number registered to your applicable Caribou Perks account, or (c) placing an order ahead with the Caribou Coffee app while successfully signed into your Caribou Perks account, or (d) make an online purchase when logged-in with your Caribou Perks account on cariboucoffee.com.
To redeem points for a reward, you must select an eligible reward within your Caribou Perks account on the applicable Caribou Coffee app, online at the Caribou Coffee website, or at a participating Caribou Coffee location and have the correct number of points available in your Caribou Perks account for the selected reward. All rewards are available for redemption to a member who uses the Caribou Coffee App or online at cariboucoffee.com. Redemptions requested at the register are limited. At the time of selection of a reward, your selected reward will be posted to your Caribou Perks account and your point balance will be reduced by the number of points redeemed. Once made, a reward selection cannot be changed, substituted, or reversed by a member. To redeem a reward, check in at a participating Caribou Coffee location or use the Caribou Coffee app or register/log in at cariboucoffee.com. Once redeemed your reward will be removed from your Caribou Perks account. Unless otherwise noted, if you redeem points for a specific reward, you will have fourteen (14) days after posting to your Caribou Perks account to use it. If a selected reward expires without redemption, the associated points used to select the reward will not be reinstated to your Caribou Perks account.
You may only redeem one (1) Caribou Perks reward per visit. A reward may only be redeemed for the purchase of the selected reward. Redemption of a reward will not earn a member points.
If you have no activity on your Caribou Perks account for six (6) months, the points in your Caribou Perks account (no matter when they were earned) will expire and will no longer be available for redemptions. “Activity” is defined as a “check-in” or a reward redemption at a participating Caribou Coffee location or online on Cariboucoffee.com while signed into your Caribou Perks account. If you check-in after being inactive for six (6) months or more, you will continue to be a member of the Caribou Perks, but your point balance for the Caribou Perks will start again at zero points.
rewards may not be substituted (except by Caribou Coffee in our sole discretion). Redemption of rewards is based upon availability of the particular reward in the applicable location at which you redeem your reward, and you cannot substitute another type of reward for a selected but unavailable reward. A reward must be redeemed in a single transaction and any unused portion of a reward is forfeited, for which no consideration will be given. Partial redemption of rewards is not allowed (for example, a two medium drinks points Reward must be redeemed in a single transaction and visit; a medium drink cannot be redeemed in two separate visits and transactions). In the event of any dispute, our determination of the size or quantity of the reward shall be final.
Points and unused earned rewards (if you have any) will be identified on your account page accessible by logging into your Caribou Perks account on the Caribou Coffee App or Caribou Coffee website. Your points and rewards shall be as reflected in our records, unless you can prove otherwise to our satisfaction.
Rewards are subject to change, elimination or substitution at any time at an applicable Sponsor’s sole discretion without notice. Points and rewards (a) have no cash value, (b) may not be redeemed or exchanged for cash or any cash equivalent, (c) may not be combined with another offer, promotions, discounts or coupons (including, without limitation, any other reward), (d) are not transferable other than those specifically allowed within the Caribou Perks including “Share-a-Perk”, and (e) may not be substituted (except by an applicable Sponsor, in its sole discretion). You are not obligated to accept or redeem any rewards. Rewards will be deemed forfeited without notice if not used within the allotted time frame, and the associated points used to select the reward will not be reinstated to your Caribou Perks account.
Perks Program Rewards; Expiration; Redemption.
All eligible members whose Caribou Perks account is in good standing are eligible to receive the following rewards, which may be redeemed and are subject to expiration as described below.
Caribou Perks Program Rewards
After registering for Caribou Perks, you must check-in and complete a purchase at a participating Caribou Coffee location
, or complete a purchase while signed in and using cariboucoffee.com. Caribou Coffee will then post a one-time welcome reward (a “Caribou Welcome Reward”) for one (1) complimentary beverage of your choice (excluding canned/bottled beverages/ready-to-drink) to your Caribou Perks account; you will be notified of posting by email to the email associated with your Caribou Perks account. The Welcome Reward is valid for seven (7) days after it is posted to your Caribou Perks account.
Caribou Coffee will post a reward for one (1) complimentary beverage of your choice (excluding bottled beverages) to your Caribou Perks account on your birthday so long as you have had a check-
Caribou Coffee may post certain promotional offers (“Caribou Promotional Offers”) to your Caribou Perks account. Caribou Promotional Offers will be subject to the terms and conditions of each respective Caribou Promotional Offer, including, without limitation, qualifying purchases, additional charges and taxes, additional limits on participating locations and transferability, and applicable expiration dates.
You authorize us to contact you by in-app notifications from the Caribou Coffee App, email, postal mail, telephone, prerecorded message, automated voice, text message, or other means allowed by law with administrative or transactional information related to the Caribou Perks account both during and after your participation in the Caribou Perks. You agree that we may contact you at any address or telephone number (including a cellular telephone number that you give us) and use an automatic telephone dialing system or similar device to do so. You authorize us to monitor or record any conversation or other communication with us. You also authorize us to contact you by email, postal mail, telephone, prerecorded message, automated voice, text message, or other means allowed by law about Caribou Coffee (or our affiliates) related promotions, partner offers, special offers, discounts, or contests. Neither Caribou Coffee nor our respective service providers are responsible for undeliverable, lost, returned, or misdirected emails or other correspondence related to your Caribou Perks accounts. You are responsible for keeping your Caribou Perks account contact information current.
We may conduct test programs from time to time in certain markets which may have additional/different terms than those described in these Program Terms. We have no obligation to expand or continue any test or the Caribou Perks and may discontinue the Caribou Perks at any time. Points and rewards may not be capable of being earned or redeemed if technical difficulties arise. We have no responsibility to retroactively apply points or rewards. We are not responsible for undeliverable, lost, returned, or misdirected emails, Points or other correspondence, or for use of your Caribou Perks account, or rewards, without your permission.
We are not responsible for: (a) incorrect or inaccurate transcription or posting of Caribou Perks information, including points, transactions, rewards, (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the Caribou Perks; (e) any injury or damage to persons or property, including but not limited to your computer, phone or other devices, which may be caused, directly or indirectly, in whole or in part, from your participation in the Caribou Perks, or from viewing, playing, uploading or downloading any material to or from our website(s) or applications; or (f) lost, stolen or expired points, points and rewards, none of which will be replaced.
Information We Collect and How We Use It
Notice to California Residents
- Such elections will effectively prevent access to your Caribou Perks account and/or your participation in our Caribou Perks, and we unfortunately must treat such elections as a withdrawal from all of our Caribou Perks, and your account for all Caribou Perks will be terminated. Upon termination of your Caribou Perks account, all points, rewards, and other offers associated with your Caribou Perks account will be deemed forfeited, for which no consideration will be given.
- If your Caribou Perks account has a U.S. dollar funds balance loaded on the account, your funds balance will be transferred by us from your Caribou Perks account to a substitute funds access code which will be sent separately by us to you by email.
Contact us at https://www.cariboucoffee.com/contact-us/.
Your Right to Terminate Your Participation in the Program
You may terminate your participation in the Caribou Perks by discontinuing checking in at the applicable Caribou Coffee locations. Your participation in the Caribou Perks may be terminated by us in connection with actual or suspected unauthorized or fraudulent use of the Caribou Perks, your Caribou Perks account; actual or suspected violation of these Program Terms; or actual or suspected conduct by you determined by us in our sole discretion to be incompatible with participation in the Caribou Perks.
Caribou Coffee Remedies
We reserve the right to seek all remedies available at law and in equity for violations of any of these Program Terms, including suspending or blocking your access to your Perks Account or terminating your participation in the Perks Program.
No Representations, Warranties, or Conditions
Caribou Coffee, and our respective affiliates, franchisees, suppliers and vendors (including, without limitation, technology developers and/or providers) make no representations, warranties or conditions of any kind, express or implied, with respect to the Caribou Perks, 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. We do not represent or warrant that the Caribou Coffee app, our websites, or, as applicable, your Caribou Card, will always be accessible or accepted or that your Caribou Perks account will always be accessible.
Limitation of Liability
In the event that Caribou Coffee, our respective affiliates, or any of our respective franchisees, suppliers and/or vendors (including, without limitation, technology developers and providers) are found liable to you for any reason, you shall only be entitled to recover actual and direct damages, and such damages shall not exceed $100. Caribou Coffee and our parent companies, 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 the Caribou Perks, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if Caribou Coffee or its authorized representatives have been advised of the possibility of such damages. In no event shall Caribou Coffee or our affiliates have any liability for unauthorized access to, or alteration, theft or destruction of your Caribou Perks account, Caribou Coffee app, Caribou Card 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 reasonable control.
No Liability for Third-Party Partners
We may engage third-party partner companies to provide certain Caribou Perks services. We are not responsible, and assume no liability, for the goods and services of such partner companies (including any changes to or discontinuances of such partner companies’ goods or services). Neither Caribou Coffee, our affiliates, an/or our franchisees, suppliers and/or vendors will be liable for any acts, errors, or omissions of any third party or Caribou Perks partner, or any third party’s or partner’s loyalty or rewards program.
Restrictions of State Law
The laws of certain states or other jurisdictions 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 these Program Terms. In any such jurisdiction, our liability is limited to the greatest extent permitted by law.
By participating in the Caribou Perks, you agree to release us and our affiliates, parents, subsidiaries, franchisees, vendors and suppliers, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred through your participation in the Caribou Perks including, but not limited to, the earning of points and rewards, and the receipt, possession, redemption, use and/or misuse of any points; rewards.
These Program Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of Minnesota, without reference to a state’s conflict of law principles.
Changes to these Program Terms
We may amend or replace these Program Terms at any time. We will post the amended or replaced Program Terms to our website(s). As permitted by applicable law, any amendment or replacement will become effective at the time our posting of the amended or replaced Program Terms to the website(s). Your continued participation in the Caribou Perks will constitute your acceptance to any amendment to or replacement of these Program Terms.
Please review this provision carefully. It provides that any dispute may be resolved by binding arbitration. Arbitration replaces the right to go to court and the right to have a jury decide a dispute. Under this provision, your rights may be substantially limited in the event of a dispute. You may opt out of this Arbitration provision by following the instructions below.
By accepting these Program Terms, unless you opt out by following the instructions below, you agree that either you or Caribou Coffee, at Caribou Coffee’s sole discretion, can choose to have any dispute arising out of or relating to points or
, rewards earned within the Caribou Perks program, these program terms, your Caribou Perks account(s) information or your relationship with us resolved by confidential, binding arbitration. If arbitration is chosen by any party, neither you nor us will have the right to litigate that dispute in court or to have a jury trial on that dispute. Pre-arbitration discovery will be permitted only as allowed by the arbitration rules. In addition, you will not have the right to participate as a representative or member of any class of claimants pertaining to any dispute subject to arbitration. The arbitrator’s decision will generally be final and binding. Other rights that you would have in court may also not be available in arbitration. It is important that you read the entire Arbitration provision carefully before accepting the terms of this Agreement.
For purposes of this Arbitration provision, “dispute” shall be construed as broadly as possible, and shall include any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to any of your Caribou Perks account; your Caribou Card; Points; Rewards; the Caribou Perks or the operation or use thereof; the actions of yourself, Caribou Coffee, or third parties; or the validity of these Program Terms or this Arbitration provision. It includes disputes brought as counterclaims, cross claims, or third-party claims. A party that has brought a dispute in a court may elect to arbitrate any other dispute that may be raised in that litigation. Disputes brought as part of a class action or other representative basis are subject to arbitration on an individual (non-class, non-representative) basis. IF YOU DO NOT OPT OUT, THEN YOU WILL HAVE WAIVED YOUR RIGHT TO INDICATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT. In this Arbitration provision, the words “we,” “us,” and “our” shall include Caribou Coffee and any assignees of any of a Caribou Coffee’s rights, as well as a Caribou Coffee’s (and its assignees) respective affiliates, parents, subsidiaries, franchisees, vendors, suppliers, and further assigns.
Any arbitration under this Arbitration provision shall be administered by the American Arbitration Association (“AAA”) under the rules applicable to the resolution of consumer disputes in effect when the dispute is filed. The arbitrator shall have no authority to hear any disputes on a class action or representative basis. Neither you nor Caribou Coffee may consolidate or join the disputes of other persons who may have similar disputes into a single arbitration. You may obtain rules and forms by calling the AAA at 1-800-778-7879 or visiting www.adr.org. Any arbitration hearing that you attend will take place in the Federal judicial district where you reside. Caribou Coffee will not elect arbitration of any dispute that is filed as an individual matter by you in a small claims or similar court, so long as the dispute is pending on an individual basis in that court.
A single, neutral arbitrator will decide any disputes. The arbitrator must be either a retired or former judge or a lawyer with no less than 10 years’ experience, selected in accordance with the AAA’s rules. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act (“FAA”) and applicable statutes of limitations, will honor claims of privilege under applicable law, and will have the power to award to a party any damages or other relief provided under applicable law. Any party may choose to have a hearing and may choose to be represented by counsel. The arbitrator will issue an award in writing and, upon request, will provide a written explanation for the award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
The party initiating an arbitration must pay the AAA’s initial filing fee, although you can ask the AAA to waive the filing fee and we will consider your request that we pay the filing fee on your behalf. Caribou Coffee will pay any subsequent administration fees imposed by the AAA, and the Caribou Coffee will pay the arbitrator’s fee for up to one day of hearings. All other fees will be allocated as provided by the AAA’s rules and applicable law. If you prevail in arbitration, the Caribou Coffee will reimburse you any fees paid to the AAA. However, even if the Caribou Coffee prevails, we will not seek reimbursement from you of any fees that Caribou Coffee paid to the AAA unless the arbitrator determines that your dispute was brought in bad faith. Each party shall bear its own costs of attorneys, experts, and witness fees, regardless of which party prevails in the arbitration. However, if applicable substantive law gives you the right to seek reimbursement of attorneys’ fees or other fees or costs, then that right shall also apply in the arbitration.
You have the right to opt out of this Arbitration provision, but you may only do so in the first 30 days after receiving initial notification of these Program Terms via email from us or registering for the Program, whichever is later. In order to opt out, you must write us at: Caribou Perks/Arbitration, c/o Caribou Coffee Legal Dept., 3900 Lake Breeze Avenue North, Minneapolis, Minnesota 55429. You must inform us of your decision to opt out and sign the notice.
This Arbitration provision shall survive termination of your participation in the Caribou Perks. This Arbitration provision is made in connection with interstate commerce, and shall be governed by the Federal Arbitration Act, 9 USC Sections 1 through 16. If any part of this Arbitration provision is determined to be void or unenforceable, then this entire Arbitration provision shall be considered null and void; however, it shall not affect the validity of the rest of this Agreement.
We are not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill an award, benefit or points in the Caribou Perks in the event our operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, pandemic, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.
Law Enforcement/Government Requests
You agree that nothing contained in these Program Terms prevents Caribou Coffee from complying with law enforcement or governmental requests or requirements relating to your participation in the Caribou Perks or information provided to or gathered by Caribou Coffee with respect to such participation.
Caribou Perks is void where prohibited or restricted by federal, state or local law. If any provision of these Program Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Program Terms, which will otherwise remain in full force and effect.
These Program Terms constitute the entire and exclusive agreement between you and Caribou Coffee with respect to the Caribou Perks. These Program Terms supersede all prior or contemporaneous communications, agreements, advertising, descriptions, terms and conditions, and proposals, whether electronic, oral, or written, with respect to the Caribou Perks or any other version of a member loyalty or rewards program from Caribou Coffee or Caribou Coffee’s affiliates. Both you and Caribou Coffee acknowledge that neither you nor Caribou has been induced to enter into these Program Terms by any representations or promises not specifically stated in these Program Terms.
If and to the extent that there is any conflict among or between the Caribou Coffee website(s), Caribou Coffee App or other Caribou Perks or Caribou Coffee marketing, promotion, communication or descriptive materials and these Program Terms, the language in these Program Terms will control. Caribou Coffee’s failure to or decision not to enforce any provision in these Program Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Program Terms will not affect the validity or enforceability of any other provision.