Caribou Coffee Perks Program Terms and Conditions

Program Terms and Conditions
(Effective 2/15/2021)

These Caribou Coffee Perks Program (“Perks Program”) terms and conditions (these “Program Terms”) set forth the terms and conditions applicable to Perks Program. In these Program Terms, “you,” “your,” or “member” refer to the person who has successfully registered for the Perks Program or who is an existing Perks Program member.  “Caribou,” “we,” or “us” refer to Caribou Coffee Operating Company, Inc.  Subject to these Program Terms, and as a benefit of membership in the Perks Program,  you may earn and redeem rewards points at participating Caribou Coffee locations.  

Your registration for the Perks Program and/or continued membership in the 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 exist 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 Perks Program’s rewards, features or benefits, or participating locations; or change or end the Perks Program; in whole or in part, at any time, and without notice or compensation.

Overview of the Perks Program

The Caribou Coffee Perks Program is a loyalty program offered by Caribou. It is a points-earning and rewards program that rewards members for making purchases and earning corresponding points or participating in other qualifying activities (as may exist, if at all, from time to time) at participating Caribou Coffee locations and earning corresponding points. Additionally, the Perks Program offers members various promotional rewards (for example, a birthday reward).

The Perks Program 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. The Perks Program is valid only in the 50 United States and the District of Columbia.

Perks Program Membership Qualifications; Registration

To be an eligible member in the Perks Program, 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 in order to create your Perks Account. If you have already registered and desire to change your member profile information, you may do so in the Caribou App or by visiting rewards.cariboucoffee.com to make any desired changes.  You are responsible for keeping your information current and you may only hold one Perks Account at any given time.

To register for the Perks Program

Use the Caribou Coffee mobile application (the “Caribou App”) or register online at rewards.cariboucoffee.com.  Only one person may be associated with any one Perks Account and only one phone number and email address may be associated with one Perks Account.   For additional help, please contact Caribou’s customer support team.

Your Perks Program username and password, and Perks Account are for your personal use only. You are responsible for maintaining the security and confidentiality of your Perks Program username(s) and password(s), Perks Account and profile information (including registered email address and phone number), Caribou 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 Perks Program Points; Points Rewards; Redemptions; Expiration

Subject to these Program Terms, an eligible member whose Perks Account is in good standing may currently earn 2 points per 1 U.S. dollar ($1) spent on eligible purchases at participating Caribou locations in the United States. Eligible purchases are limited to all in-store transactions (excluding past purchases, catering purchases, and purchases of gift cards).  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, in our sole discretion, for returns, cancelled orders, chargebacks and other circumstances affecting an applicable transaction. Purchases at nonparticipating locations, taxes and online transactions are not eligible. Points will not be earned on charitable donations. Participating locations and point values are subject to change in Caribou’s sole discretion without notice.

To earn rewards based on making eligible purchases (“Points Rewards”), you must either (a) “check-in” at the point of sale at a participating Caribou location prior to completing your purchase, or (b) by using the Caribou App or the phone number registered to your applicable Perks Account.   Caribou may send you communications (e.g., an email) with additional methods to check in (e.g., a bar code in an email) if indicated the method may be used for applicable check in purposes in the communication.

To redeem points for a Points Reward, you must select an eligible Points Reward within your Perks Account on the applicable Caribou App or online at the Perks Program website and have the correct number of points available in your Perks Account for the selected points Reward.  If point of sale selection is made, Points Rewards are limited and are not all that are available to a member using the Caribou App.  At the time of selection of a Points Reward, your selected Points Reward will be posted to your Perks Account and your points balance will be reduced by the number of points redeemed. Once made, a Points Reward selection is not subject to change, substitution or reversal by a member. To redeem a Points Reward, visit an applicable participating Caribou Coffee location, “check in” at the point of sale as described above. Your Points Reward will be removed from your Perks Account at the time of use. All redeemed Points Rewards expire fourteen (14) days after posting to your Brand Program account, and if a selected Points Reward expires without redemption, the associated points used to select the Points Reward will not be reinstated to your Perks Account.

You may only redeem one (1) Points Reward or Program Reward (as defined below) per visit, which you may choose at the point of sale. A Points Reward may only be redeemed for the purchase of the selected Points Reward. Redemption of a Points Reward will not earn a member Perks Program points.

If you have no activity on your Perks Account for six (6) months, the points in your 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 Points Reward redemption at a participating location of the Brand associated with your Brand Program account. If you check-in after being inactive for six (6) months or more, you will continue to be a member of the Perks Program, but your point balance for the Perks Program will start again at zero points.

Points Rewards may not be substituted (except by Caribou in our sole discretion). Redemption of Points Rewards is based upon availability of the particular Points Reward in the applicable location at which you redeem your Points Reward, and you cannot substitute another type of Points Reward for a selected but unavailable Points Reward. A Points Reward must be redeemed in a single transaction and any unused portion of a Points Reward is forfeited, for which no consideration will be given. Partial redemption of Points 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 Points Reward shall be final.

Points and unused earned Points Rewards (if you have any) will be identified on your account page accessible by logging into your Perks Program account on the Caribou App or Perks Program website. Your points and Points Rewards shall be as reflected in our records, unless you can prove otherwise to our satisfaction.

Points Rewards are subject to change, elimination or substitution at any time at an applicable Sponsor’s sole discretion without notice. Points and Points 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 other offer, promotion, discounts or coupons (including, without limitation, any other Points Reward or Program Reward), (d) are not transferable other than those specifically allowed within the Perks Program including “Share a Perk”, and (e) may not be substituted (except by an applicable Sponsor, in its sole discretion). Redemption of Points Rewards do not earn Program points. You are not obligated to accept or redeem any Points Rewards. Points Rewards will be deemed forfeited without notice if not used within the allotted time frame, and the associated points used to select the Points Reward will not be reinstated to your Brand Program account.

Perks Program Rewards; Expiration; Redemption.

All eligible members whose Perks Account is in good standing are eligible to receive the following Program Rewards, which may be redeemed and are subject to expiration as described below.

Caribou Perks Program Rewards

Welcome Reward

After registering for the Perks Program, visit a participating Caribou Coffee location and make a purchase and “check-in” at the point of sale prior to completing your purchase using the Caribou App, your phone number registered to your Perks Account.  Caribou 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 Perks Account; you will be notified of posting by email to the email associated with your Perks Account. The Welcome Reward is valid for seven (7) days after it is posted to your Perks Account.

Birthday Reward

Caribou will post a reward for one (1) complimentary beverage of your choice (excluding bottled beverages) to your Perks Account on your birthday so long as you have had a check in within the previous six (6) months (a “Caribou Birthday Reward”). Caribou Birthday Rewards are not received retroactively. Caribou Birthday Rewards expire seven (7) days after posting to your Perks Account. You are eligible to receive one (1) Caribou Birthday Reward per year.

Promotional Offers

Caribou may post certain promotional offers (“Caribou Promotional Offers”) to your 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.

Contact Authorization

You authorize us to contact you by in-app notifications from the Caribou 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 Perks Account both during and after your participation in the Perks Program. 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 (or our affiliates) related promotions, partner offers, special offers, discounts or contests. Neither Caribou nor our respective service providers are responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your Perks Accounts. You are responsible for keeping your Perks Account contact information current.

Disclaimers

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 Perks Program, and may discontinue the Perks Program at any time. Points and Program Rewards may not be capable of being earned or redeemed if technical difficulties arise. We have no responsibility to retroactively apply Program points or Program Rewards. We are not responsible for undeliverable, lost, returned, or misdirected emails, points or other correspondence, or for use of your Perks Account, or Program Rewards, without your permission.

We are not responsible for: (a) incorrect or inaccurate transcription or posting of Perks Program information, including points, transactions, Points Rewards and Program 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 Perks Program; (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 Perks Program, 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 Rewards or Program Rewards, none of which will be replaced.

Information We Collect and How We Use It

See the applicable Privacy Policy and Terms of Use, as amended from time to time.

Notice to California Residents

If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with certain rights with respect to your data. Please see our California Privacy Policy for more information about these rights and elections that may be made by you.  If you are making an election to either delete your personal information or opt out of sharing/selling your personal information and have a Brand Program account for any of our Brands, your election will affect your Brand Program account as described below:

  1. Such elections will effectively prevent access to your Brand Program account and/or your participation in our Brand Programs, and we unfortunately must treat such elections as a withdrawal from all of our Brand Programs, and your account for all Brand Programs will be terminated. Upon termination of your Brand Program account, all points, Points Rewards, Brand Rewards, and other offers associated with your Brand Program account will be deemed forfeited, for which no consideration will be given.
  2. If your Brand Program account has a U.S. dollar funds balance loaded on the account, your funds balance will be transferred by us from your Brand Program account to a substitute funds access code which will be sent separately by us to you by email.

Contact Us

Please notify us immediately of unauthorized use of your Perks Account, or, as applicable, lost or stolen Caribou Card. If you need to update or verify your personal information, or to remove your personal information from a  our active database (this will be completed as soon as reasonably possible, unless a we need to retain information for dispute resolution, troubleshooting or other valid legal or business reasons; please note that Sponsors will not remove your historical usage information), or if you have questions related to privacy, visit our Privacy Policy.

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 Perks Program by discontinuing checking in at the applicable Caribou locations. Your participation in the Perks Program may be terminated by us in connection with actual or suspected unauthorized or fraudulent use of the Perks Program, your 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 Perks Program.

Caribou 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, 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 Perks 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.  We do not represent or warrant that the PerksApp, our websites, or, as applicable, your Caribou Card, will always be accessible or accepted or that your Perks Account will always be accessible.

LIMITATION OF LIABILITY

In the event that Caribou,  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 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 Perks Program, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if Caribou or its authorized representatives have been advised of the possibility of such damages. In no event shall Caribou or our affiliates have any liability for unauthorized access to, or alteration, theft or destruction of your Perks Account, Perks 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 Perks Program 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, OUR AFFILIATES, AND/OR OUR FRANCHISEES, SUPPLIERS AND/OR VENDORS WILL BE LIABLE FOR ANY ACTS, ERRORS, OR OMISSIONS OF ANY THIRD PARTY OR PERKS PROGRAM 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.

Indemnification

By participating in the Perks Program, 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 Perks Program including, but not limited to, the earning of points and Points Rewards, and the receipt, possession, redemption, use and/or misuse of any Points Reward or Perks Program Reward.

Governing Law

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 Perks Program will constitute your acceptance to any amendment to or replacement of these Program Terms.

Arbitration

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, at Caribou’s sole discretion, can choose to have any dispute arising out of or relating to Points Rewards, Perks Program Rewards, the Perks Program, these Program Terms, your Perks Account(s) 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 Perks Program Account; your Caribou Card; Points Rewards; Perks Program Rewards; the Perks Program or the operation or use thereof; the actions of yourself, Caribou, 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 and any assignees of any of a Caribou’s rights, as well as a Caribou’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 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 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 will pay any subsequent administration fees imposed by the AAA, and the Caribou 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 will reimburse you any fees paid to the AAA. However, even if the Caribou prevails, we will not seek reimbursement from you of any fees that Caribou 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 Perks Program. 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.

Force Majeure

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 Perks Program 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 from complying with law enforcement or governmental requests or requirements relating to your participation in the Perks Program or information provided to or gathered by Caribou with respect to such participation.

Program Void

The Perks Program 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.

Entire Agreement

These Program Terms constitute the entire and exclusive agreement between you and Caribou with respect to the Perks Program. 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 Perks Program or any other version of a member loyalty or rewards program from Caribou or Caribou’s affiliates. Both you and Caribou 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 App or other Perks Program or Caribou Coffee marketing, promotion, communication or descriptive materials and these Program Terms, the language in these Program Terms will control. Caribou’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.