Black Rock Coffee Bar Rewards Program Terms and Conditions

Last Updated:  [01/23/24] - For the most up-to-date terms, please visit: https://br.coffee/pages/rewards-terms.

PLEASE READ THESE PROGRAM TERMS CAREFULLY. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE PROGRAM TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE PROGRAM TERMS, THEN DO NOT PARTICIPATE IN THE PROGRAM.

These Black Rock Coffee Bar Rewards Program Terms and Conditions (“Program Terms”) apply to your access to and participation in the Black Rock Coffee Bar Rewards Program (theProgram”), which is operated by Black Rock Store Operations, LLC (“Company,our,we,” “us). These Program Terms do not alter in any way the terms or conditions of any other agreement you (“Member”, “you,” or “your”) may have with Company for other products and services. Persons under the age of 18 ("Minors") must obtain their parents' or legal guardians' consent prior to participation. By enrolling in the Program, you agree (or, if you are a Minor, your parent or legal guardian agrees) to be bound by these terms and conditions.

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

PARTICIPATION IN THE PROGRAM AND DISPUTES ARISING OUT OF OR RELATING TO THESE PROGRAM TERMS ARE SUBJECT TO THE MANDATORY ARBITRATION PROVISION IN SECTION 8 BELOW.

1. Overview of Program

The Program is a free-to-join customer program to reward our customers for their loyalty. Members will receive certain Points (defined below) through certain actions defined anddescribed in Section 5 below that they can redeem to receive Rewards (defined and described in Section 6 below).

2. Changes; Modifications

Company may change, modify, limit, and/or eliminate the Program and/or all or any portion of these Program Terms, or any policy pertaining to the Program from time to time and in its sole discretion, including the following: (a) the Rewards or other benefits offered under the Program; (b) the expiration date of Points received under the Program or Rewards redeemed under the Program; (c) how Points are earned, calculated, or redeemed; or (d) how Rewards are calculated, valued, or redeemed. If we make changes to the Program Terms, we will post the amended Program Terms to https://br.coffee/pages/rewards-terms/ and update the “Effective Date” above. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Program Terms will be effective immediately and your continued participation in the Program after the amended Program Terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Program Terms, you must stop participating in the Program. Company will not be liable to you in any way for any value or benefits you may lose as a result of any changes made to the Program, including any Points.

3. Eligibility  

To be eligible to participate in the Program, you must (a) be a resident of the 50 United States orDistrict of Columbia; (b) be at least 16 years of age; and (c) open and maintain an online account on the Black Rock Coffee Bar website. You may only have one Program account. The Program is intended for personal use only, and commercial customers are not eligible to participate. Your account may not be assigned, transferred, or shared with family or friends, and your account and associated benefits are not intended for purchasing items for resale.

4. Joining the Program; Opt-Out

To join the Program, complete the steps of one of the following options:

a) Go to any Black Rock Coffee Bar store and ask an employee to register you for the Program, provide the requested information, and when you receive a registration confirmation SMS or email, follow the instructions to confirm that you agree to these Program Terms; or
b) Go to the Black Rock Coffee Bar website and click on the “Rewards” link, follow the instructions and enter your information, and click to agree to these Program Terms.

You may opt out of the Program at any time by filling out an opt out request via this link.

For Arizona/ California residents only: You may opt out of the Program at any time by texting any of the following keywords to 14805884704: STOP, END, CANCEL, UNSUBSCRIBE, QUIT.    Users can also opt-out by by filling out an opt out request via this link.

See https://br.coffee/pages/contact for additional contact info.

If you elect to opt out and cancel your account, you (i) will forfeit and not be able to redeem any unused Rewards or Points, (ii) will not be able to retrieve previously earned Rewards or Points if you elect to opt in at a later time, and (iii) will not be able to earn Points for purchases or actions taken while not opted into the Program.

A current, valid phone number is required for you to be able to participate in and receive Pointsand Rewards in connection with the Program. You must notify Company of change of phone number by updating your Rewards account information online.

5. Earning Points

Members will receive Points on their account through Qualifying Purchases (defined below), and participation in any other special programs and promotional offers that may be announced by Company or its third-party partners from time to time. Additional terms, requirements, and details for earning Points follow.

Qualifying Purchases: Program members receive 100 points for each Qualifying Purchase(regardless of value) (each, a Point”). Qualifying Purchase” means any drink purchase at Black Rock Coffee Bar stores, but excluding the “Exclusions from Qualifying Purchases stated below.

 

To make a Qualifying Purchase, you must provide the phone number associated with your rewards account at checkout.

Exclusions from Qualifying Purchases: Points will not be awarded on unauthorized or fraudulent purchases, purchases made with Rewards, and/or other excluded charges specified by us from time to time. Additional items may be excluded from Point accumulation at the discretion of Company.
Promotional Offers: Other special programs and promotional offers (including personalized offers) for earning Points may be made by Company, its agents or third-party partners from time to time at Company’s discretion. Such offers will also be subject to the terms and conditions specified in the promotional offer.

Members may view their Point balance at any time by logging into their account on the Black Rock Coffee Bar website.

6. Program Rewards and Points Redemption

Rewards: Program members can spend their accumulated Points or complete other actions as described to receive one of the promotional Rewards below (each a “Reward”):

 

Action / # of Points Required

Reward 

Join the Program for the first time (in accordance with these Program Terms)

Coupon for $1.50 off any in-store purchase

Accumulate and spend 1000 Points

One free drink, any beverage, any size.

 

Limit of one Reward per transaction. Account information such as Point totals and available Rewards will also typically be accessible by logging into your account on the Black Rock Coffee Bar website or app. Rewards may have certain restrictions including expiration dates and short, time-limited redemption periods. Only the account holder may use and access the Rewards.

Rewards have no cash value, are non-transferable, and are only redeemable through Company.

Converting Points to Rewards:  You may elect to redeem your Points for a Reward at any Black Rock Coffee Bar store, subject to these Program Terms. Once you elect to redeem your Points, the decision is final and the redemption cannot be reversed.

See the Rewards page on the Black Rock Coffee Bar website for more information about Rewards. Pursuant to Section 2, Company reserves the right to change the Rewards, the Points earning and redemptions procedures and offerings, activities that earn a Reward, and the conversion rate between Points and Rewards. Any Reward redemption opportunity may be subject to its own terms and restrictions, including expiration dates.

Expiration of Points: ALL POINTS WILL EXPIRE 180 DAYS AFTER THEY ARE EARNED ON A ROLLING BASIS. EXPIRED POINTS ARE DEDUCTED FROM YOUR PROGRAM ACCOUNT POINTS BALANCE. Points nearest to expiration will be deducted from your account first when redeeming a reward. Company expressly reserves the right to offer similar (or identical) Rewards or other benefits, including participation in promotional offers or sweepstakes, to both Program Members and non-members. Rewards will not be paid out in cash or store credit.

7. Program Communications

Unless Member has opted out of receiving marketing communications, Company may (at its option) communicate with Members about marketing via mail, email, and other channels, including about special Member promotions, offers, and more. Company may also use these channels to notify Members when they are eligible for a benefit, communicate Program changes, and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

8. Mandatory Arbitration of All Disputes; No Class Actions; Governing Law

These Program Terms are governed by the laws of the United States (including federal arbitration law) and the State of Oregon, without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE PROGRAM TERMS OR THE COMPANY TERMS OF SERVICE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE. HOWEVER, AS SET FORTH BELOW, THE PRECEDING ARBITRATION REQUIREMENT SHALL NOT APPLY TO DISPUTES TO THE EXTENT RELATING TO THE INTERPRETATION OR APPLICATION OF THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY, REVOCABILITY OR VALIDITY.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the contrary in this Section 8 or any other provision of these Program Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (a) the dispute is filed as a class, collective or representative action, and (b) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Program Terms and the Company Terms of Service. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Program Terms and the Company Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Program Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Program Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

9. Indemnification

To the fullest extent permitted by applicable law, you will indemnifyand hold harmless Companyand our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation of these Program Terms or conduct in connection with the Program.  You will promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). The Company Parties will have control of the defense or settlement, at Company's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company or the other Company Parties.

10. Disclaimers

Your use of our products and services is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our products and services, are provided “as is” and “as available” without warranties of any kind, either express or implied. Company disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Company does not represent or warrant that our products or services are accurate, complete, reliable, current, or error-free or that access to our products or services will be uninterrupted. While Company attempts to make your use of our products and services safe, we cannot and do not represent or warrant that our products or services or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the products and services. All disclaimers of any kind (including in this section and elsewhere in these Program Terms) are made for the benefit of Company, Company Parties, and Company’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Company and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Company or the other Company Parties have been advised of the possibility of such damages.

The total liability of Company and the other Company Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $10 or the amount paid by you for our products or services giving rise to the claim.

The limitations set forth in this Section 11 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

12. Release

To the fullest extent permitted by applicable law, you release Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

13. Intellectual property

All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Company and may be registered in the United States and internationally.

14. Miscellaneous

Without notice to you, Company reserves the right to suspend or terminate your account and/or your participation in the Program if Company determines in its discretion that you have violated these Program Terms, you have more than one account, or that the use of your account or your participation in the Program is unauthorized, deceptive, fraudulent, or otherwise unlawful. Company may, in its discretion, suspend, cancel, or combine accounts that appear to be duplicative. Your participation in the Program is voluntary and you may withdraw at any time. If you opt out of the Program or Company cancels your membership or terminates the Program for any reason, all Points, Rewards or other benefits earned on your Member account will be forfeited.

You are responsible and liable for any applicable federal, state or local income, sales, use, or other taxes which may result from your participation in the Program.

The use of the words “include,” “includes,” or “including” is illustrative and not limiting.

For all questions about the Program or your Member account, please contact us at hello@br.coffee.