Burger Bucks Rewards - Terms & Conditions

LAST UPDATED 2/7/2024

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A BURGER BUCKS REWARDS LOYALTY ACCOUNT OR OTHERWISE PARTICIPATING IN A BURGER BUCKS REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN ANY BURGER BUCKS REWARDS PROGRAM.    

GENERAL APPLICATION OF TERMS; PRIVACY

These Terms and Conditions (the “Burger Bucks Rewards Terms”) apply to any access to and/or participation in the Burger Bucks Rewards programs (“Burger Bucks Rewards") which are operated by Bo & Vine Garage, LLC, on behalf of the Bo & Vine group of affiliated companies (collectively, “Bo & Vine"). Please read Bo & Vine’s online Terms of Use located at https://www.boandvine.com/terms, which are incorporated herein by this reference, before participating in Burger Bucks Rewards. Burger Bucks Rewards are deemed included in the definition of “Services” as that term is used in the Terms of Use.  In the event there is a direct conflict or inconsistency between these Terms and Conditions and Bo & Vine’s online Terms of Use, these Terms and Conditions will prevail, govern and control with respect to any aspect of Burger Bucks Rewards. These Burger Bucks Rewards Terms do not otherwise alter the terms or conditions of any other agreement you may have with Bo & Vine for other products and services, or the terms or conditions of any other promotional offers or programs conducted by Bo & Vine outside the context of Burger Bucks Rewards. Information collected in connection with Burger Bucks Rewards is governed by the Bo & Vine Privacy Policy.  Please read the Bo & Vine Privacy Policy at https://www.boandvine.com/privacy carefully to understand how Bo & Vine collects, uses and discloses information about customers and how to update or change your personal information and/or the ways Bo & Vine communicates with you.

ELIGIBILITY

Burger Bucks Rewards is open to legal residents of the 50 United States of America and Washington, D.C. who are 13 years of age or older.  Burger Bucks Rewards and earned loyalty points are intended for personal use only. Commercial use is prohibited. Burger Bucks Rewards are not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may participate in Burger Bucks Rewards only with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Burger Bucks Rewards Terms.

HOW BURGER BUCKS REWARDS WORKS

Participants in Burger Bucks Rewards may accumulate loyalty “points” that entitle the participant to Burger Bucks Rewards benefits, or “Rewards," at participating Bo & Vine restaurants in the 50 United States and Washington D.C. Redemption of Rewards is subject to availability, and Rewards may not be redeemed in combination with other promotions, special offers, discounts or coupons unless specifically allowed by the terms of a specific promotion. Loyalty points are awarded with each qualifying purchase in relation to the amount spent at participating U.S. Bo & Vine Mexican Grill restaurants. Purchases begin accumulating points upon the first presentation of a digital Burger Bucks Rewards account at the time of a qualifying purchase.

HOW TO ENROLL

To enroll in Burger Bucks Rewards and begin accumulating points: (i) participants who have not created an account through the website located at https://boandvine.com/rewards or the Bo & Vine mobile ordering app, must first create an account and agree to participate in Burger Bucks Rewards, which may at the participant’s option include opting-in to receive marketing communications from Bo & Vine via e-mail or SMS or other text message communication; and (ii) participants who already have an account can join Burger Bucks Rewards by following the “Join Now” in the Bo & Vine mobile ordering app.  Participants are not required to opt-in to receive text messages or marketing communications via SMS in order to participate in Burger Bucks Rewards or as a condition of purchasing any goods or services.  Participants who elect to opt-in acknowledge that Bo & Vine or its designee may send them commercial text messages using automated technology. Participants who elect to opt-in consent and agree to that type of contact.  Wireless service providers may charge participants for each text message, including any error message, that is sent and received in connection with Burger Bucks Rewards.  Participants should consult their wireless service provider’s pricing plan for details.  Participants can opt out at any time.

Registration may require you to provide your first name, last name, password, email address (required in order to receive all eligible Rewards), mobile telephone number, and marketing preferences, and you may also elect to provide other information, including your birthday.

If you change your account country to one that is not located within the 50 United States or Washington D.C., your Burger Bucks Rewards account will be deactivated. Once deactivated, you will no longer be able to accumulate points or receive or redeem Rewards under your Burger Bucks Rewards account. Previously credited points and Rewards may also expire as described below.

You may have only one Burger Bucks Rewards account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by Bo & Vine in its sole discretion.

ACCUMULATING POINTS

You may accumulate points for any qualifying purchase made on and after your date of enrollment in Burger Bucks Rewards.  To receive credit for a qualifying purchase and accumulate points, you must present your digital Burger Bucks Rewards account (i) at the point-of-sale at a participating U.S. Bo & Vine restaurant at the time of payment for a qualifying purchase transaction, or (ii) provided you are logged in to your account, at the time you place an order for a qualifying purchase (including a qualifying catering order) at www.boandvine.com or via the Bo & Vine mobile ordering app.  Points will not be awarded for purchases at  www.boandvine.com if you order or check out as a guest and not via your Burger Bucks Rewards account.  Bo & Vine reserves the right to retroactively award points not meeting these conditions in its sole discretion and only upon provision of a valid receipt by you regarding such purchase; however, points will not be awarded for (i) purchases occurring prior to your enrollment in Burger Bucks Rewards; or (ii) purchases made more than thirty (30) days prior to a request made to Bo & Vine for such credit.  In no event will Bo & Vine retroactively award points to any Burger Bucks Rewards account for more than (a) two purchases on one transaction date; (b) two purchases within one calendar week; or (c) four purchases within one calendar month.

In order to accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, or with a valid Bo & Vine gift card; purchases using other currency or promotional offers (such as redemption of a Reward) will accrue points only for the amounts, if any, paid in cash. Qualifying orders must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate points. Each Burger Bucks Rewards participant account is limited to three qualifying purchases per day. Purchases of multiple menu items in a single transaction, may count as no more than one qualifying purchase.

Some exclusions apply. For example, purchases of alcohol or Bo & Vine gift cards (including activations or reloads) do not accumulate points. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees, and recycling deposits, will also be excluded from a purchase total when computing qualifying purchases. Purchases at Bo & Vine other restaurant concepts in which Bo & Vine has an interest, will not qualify toward accumulation of points, regardless of whether a Burger Bucks Rewards account is presented at the time of purchase.

If you void or cancel a qualifying purchase credited toward accumulation of points, Bo & Vine reserves the right to deduct the points associated with that purchase from your account.

REWARDS

Once a Burger Bucks Rewards participant accumulates the number of points needed for a Reward, the participant can redeem their points before completing the order transaction.  Once points are redeemed, the corresponding Reward will be automatically added to the participant’s account if the Reward is a Bo & Vine menu item.  Some Rewards will be added immediately, while others will be added within approximately 48 hours. When a Reward is added to a participant’s account or otherwise redeemed, the points associated with that Reward will be deducted from the account.

Rewards that consist of Bo & Vine menu items are valid at participating Bo & Vine restaurants in the United States, subject to availability. Bo & Vine may offer participants various other opportunities to use or redeem their points (e.g., for Bo & Vine merchandise, or to allow a participant to indicate that he or she would like to surrender points to Bo & Vine in exchange for Bo & Vine making a donation to a specified charity).  Points surrendered to Bo & Vine in exchange for Bo & Vine making a donation to a specified charity are not tax deductible.  Additional terms and conditions, if any, that are particular to the opportunity will be provided in conjunction with the offer, but such opportunities will otherwise constitute a Reward that is governed by these Burger Bucks Rewards Terms.  Once your points have been redeemed, they are gone and there are no refunds, returns or exchanges for additional points, cash, or other goods and services, even if you return the Reward or other item(s) that your points were redeemed toward.

Except as otherwise provided in these Burger Bucks Rewards Terms or in the terms communicated in conjunction with a particular Reward, Rewards do not expire. Redemption of Rewards is subject to availability of the selected Rewards at the time of redemption. A digital Reward coupon associated with a valid Burger Bucks Rewards account will be required to redeem any Reward.

Rewards may not be redeemed at other restaurant concepts in which Bo & Vine has an interest.

Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in conjunction with the opportunity to redeem points for such Rewards, or added to these Burger Bucks Rewards Terms from time to time.

TRACKING YOUR ACCOUNT

Burger Bucks Rewards participants can view and track qualifying purchases and available Rewards by logging into participant’s account or via the Bo & Vine mobile ordering app. Bo & Vine reserves the right to change the number of points required to earn Rewards and/or the benefits associated with one or more Rewards in its sole discretion at any time. Rewards points do not expire, unless terminated as a result of an account being deactivated as provided herein.

SPECIAL OFFERS

Bo & Vine may from time to time in its sole discretion make available to participants in Burger Bucks Rewards the opportunity to earn additional points, and/or achievement “badges” or other program features, through special offers, challenges, bonuses or other promotions. The terms, conditions, and benefits applicable to any such special offers will be determined by Bo & Vine in its sole discretion and communicated to participants in conjunction with any such offers. Because any terms and conditions associated with any special offers under Burger Bucks Rewards may be different from or in addition to provisions of these Burger Bucks Rewards Terms, you should read any such special offer terms and conditions carefully before participating in any special offer.

SPECIAL BONUS REWARDS

Bo & Vine may from time to time offer a “Special Bonus Rewards” promotion in which Burger Bucks Rewards members enrolled on or prior to a specified date may receive periodic bonus offers consisting of a 2x, or 3x multiple, or specified point bonus.  If offered, Bonus Rewards will be deposited into Burger Bucks Rewards accounts selected by Bo & Vine or its program administrators in their sole discretion.  Each Bonus Reward may be subject to an expiration time and date that may be soon after the Bonus Reward is deposited in an account. Bonus Rewards are not valid on catering, or orders placed via third party delivery platforms, and redemption is limited to participating Bo & Vine restaurants in the United States only and is subject to availability.  Bonus Rewards may not be combined with other coupons, promotions, or special offers unless specifically allowed by the terms of a specific Freepotle Bonus Reward.  Additional terms, conditions, limitations or restrictions may apply, and may be disclosed in association with any Bonus Reward or added to these Burger Bucks Rewards Terms from time to time.  Bo & Vine makes no commitment to offer any minimum number of Bonus Rewards.  Bo & Vine may discontinue or alter the terms of the Bonus Rewards program at any time.

LIMITATIONS, RESTRICTIONS AND OTHER TERMS

Your digital Burger Bucks Rewards card, ID number, scannable code or other identifier associated with the Burger Bucks Rewards account and any accumulated Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one Burger Bucks Rewards account.

Bo & Vine’s determinations of participant eligibility or any questions or disputes arising under the Burger Bucks Rewards Program, these Burger Bucks Rewards Terms or any other Burger Bucks Rewards program rules or restrictions shall be final and binding and not subject to challenge or appeal. Other than as set forth in the Dispute Resolution section of these Burger Bucks Rewards Terms, nothing in these Burger Bucks Rewards Terms will limit Bo & Vine from exercising any legal or equitable rights or remedies that it may have.

Without notice to you, Bo & Vine reserves the right to suspend and/or terminate any Burger Bucks Rewards account and/or your participation in Burger Bucks Rewards if Bo & Vine determines in its sole discretion that you have violated these Burger Bucks Rewards Terms, you have more than one Burger Bucks Rewards account, or that the use of your Burger Bucks Rewards account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Burger Bucks Rewards Terms. Bo & Vine may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Burger Bucks Rewards is terminated, then all accumulated points and Rewards in your account are void.

There are no membership fees associated with Burger Bucks Rewards, although use of online services in conjunction with participation in Burger Bucks Rewards programs may result in data charges, internet access fees or similar expenses. Points, Rewards, account status and other benefits accumulated under the Burger Bucks Rewards program have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards used or obtained in this manner by any person or entity may be confiscated or canceled.

There may be a limited number of a particular Rewards available, and those Rewards will be delivered on a first-come, first-served basis. Bo & Vine reserves the right to modify, amend or revise the Rewards that are made available. Participants may not rely on the continued availability of a particular Reward. The number of points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Bo & Vine or the third party supplying the Reward. Physical Rewards will be shipped only to the United States address provided by the participant in his or her account and will not be shipped to any other person or address.  Bo & Vine reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Rewards will be fulfilled within six to eight weeks from date of redemption.  Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Burger Bucks Rewards materials are for illustrative purposes only.  The actual Reward may vary from the Reward pictured.

Bo & Vine is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in Burger Bucks Rewards. If, for any reason, the Burger Bucks Rewards program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Bo & Vine which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Burger Bucks Rewards program, Bo & Vine reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Burger Bucks Rewards program or otherwise respond to the circumstances as Bo & Vine deems appropriate.

CHANGES TO BURGER BUCKS REWARDS

Bo & Vine reserves the right to change, update and/or discontinue, in whole or in part, Burger Bucks Rewards or any portion of the program, all or any portion of these Burger Bucks Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Burger Bucks Rewards, at any time in its sole discretion and without advance notice to you or any other participants. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to our terms, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify the Burger Bucks Rewards Terms, we will revise the “last updated” date located at the top of these Burger Bucks Rewards Terms. If you continue to participate in the Burger Bucks Rewards program by earning points, redeeming points, logging into your account or otherwise participating in the program in any way after a change to these Burger Bucks Rewards Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes; therefore, you should review these Burger Bucks Rewards Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to Burger Bucks Rewards. If you do not agree to the Burger Bucks Rewards Terms, you must stop participating in Burger Bucks Rewards.

DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) you may have at law or in equity against Bo & Vine, its parent subsidiary or affiliated entities, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “Burger Bucks Rewards Entities”) arising in whole or in part out of or relating in any way to Burger Bucks Rewards, points or any Reward, transactions that result in the earning or redemption of Burger Bucks Rewards points, your participation in any Burger Bucks Rewards program, these Burger Bucks Rewards Terms or the scope or applicability of this agreement to arbitrate (each, a “Burger Bucks Rewards Dispute”) will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. It affects your rights and will have a substantial impact on how Burger Bucks Rewards Disputes are resolved. You agree that whenever you have a Burger Bucks Rewards Dispute, you will send a written notice to Bo & Vine (“Demand”). You agree that the requirements of this paragraph will apply even to disputes that may have arisen before you accepted these Burger Bucks Rewards Terms. You must send the Demand to the following address (the “Notice Address”): Bo & Vine Garage, LLC., 2661 Cascadia Industrial St SE., Ste. 180, Salem, OR 97302.

You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within such 10 business days, the Burger Bucks Rewards Dispute (1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Marion County, Oregon; (4) the arbitrator’s decision shall be controlled by these Burger Bucks Rewards Terms and any of the other agreements referenced herein that the applicable user may have entered into; (5) the arbitrator shall apply Delaware law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Burger Bucks Rewards Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Burger Bucks Rewards Entity; (8) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bo & Vine or its designee will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the affected Burger Bucks Rewards Entity shall be required to arbitrate their dispute. If, for any reason, the American Arbitration Association is unable or unwilling to conduct the arbitration, you may file your case with any national arbitration company that will honor the requirements set forth above.

LIMITATIONS ON LIABILITY/INCONTESTABILITY

UNDER NO CIRCUMSTANCES SHALL THE BO & VINE ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE BURGER BUCKS REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE BO & VINE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A BURGER BUCKS REWARDS PARTICIPANT PROVES THAT BO & VINE HAS IMPROPERLY DENIED SUCH PARTICIPANT ANY REWARD, THEN THE PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY UNDER SUCH CIRCUMSTANCES WILL BE TO RECEIVE THE EQUIVALENT REWARD. PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

BY PARTICIPATING IN THE BURGER BUCKS REWARDS PROGRAM, EACH BURGER BUCKS REWARDS PARTICIPANT AGREES THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO THE BURGER BUCKS REWARDS PROGRAM MUST BE SERVED AND FILED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.  EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THIS ONE (1) YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN THE DEFAULT STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY.  AFTER SUCH ONE (1) YEAR PERIOD, THE AFFECTED CLAIM OR CAUSE OF ACTION WILL BE DEEMED WAIVED, AND THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.