TERMS AND CONDITIONS

  • (Effective 2019)

    By using and registering your Enrico Pizza Big Cheese Loyalty (“Loyalty Program”) card (“Card”)

    and to access and use the Loyalty Program website (“Site”), you must agree to these Terms and

    Conditions, including agreeing to the arbitration clause set forth in Section 14, as follows:

  • Eligibility: Only one (1) account is allowed per Member. Enrico employees are not

    eligible to participate in the Loyalty Program. Friends and family members of Enrico’s

    Italian Dining employees are eligible to participate, but cannot use the Loyalty Program

    in conjunction with an employee discount.

  • Enrollment: In order to enroll as a Member of the Loyalty Program, you must provide

    Enrico’s with your name, email address, and phone number.

  • Earning Rewards: Members earn Rewards by making “Qualifying Purchases” at Enrico’s

    Italian Dining. Each qualifying purchase earns the Member one (1) point for every dollar

    spent. Special rewards will be rewarded at Enrico’s discretion. All rewards have an

    expiration date of 365 days from date of issue. Enrico’s Italian Dining in its sole

    discretion may also award Members additional “Special Rewards,” e.g., free food,

    discounts, etc. Loyalty account must be provided at the time of purchase. No

    adjustments can be made after purchase or on prior purchases. Door Dash purchases

    are not “Qualifying Purchases”.

  • Redemption: Reward Dollars and Special Rewards may be redeemed for food,

    beverages, (excluding alcoholic beverages) or Enrico’s Swag sold at Enrico’s

    restaurant. Reward Dollars may not be redeemed for purchases of gift cards or cash,

    and may not be used to pay taxes or gratuity. Members may redeem multiple Reward

    Dollars for a single purchase, and may redeem multiple Special Rewards in a single visit.

    Reward Dollars earned during a Qualifying Purchase may not be redeemed during the

    same Qualifying Purchase. Rewards may be redeemed when using a coupon. Rewards

    may not be redeemed with a special discount.

  • Expiration: Special Rewards will expire as indicated on the email sent to the email

    address provided by you when you register your Card.

  • Sweepstakes, Contests, and Other Promotions: The Loyalty Program may offer

    sweepstakes, contests, or other promotions that will have their own rules and their own

    terms and conditions. Members will be required to read those rules and terms and

    conditions, and to agree and accept to be bound by them in order to participate in the

    sweepstakes, contest, or promotion.

  • Account Closure: A Member’s Card account will be closed after twelve (12) months of

    no activity.

  • Maximum Redemption: A maximum of $30.00 Reward Dollars may be used at one

    time.

  • Suspension/Termination of Membership: Enrico’s Italian Dining reserves the right in its

    sole discretion to suspend a Member’s membership in the Loyalty Program in the event

    of any suspected misconduct, including but not limited to suspending the Member’s

    ability to earn Rewards Dollars and Special Rewards and to redeem earned Reward

    Dollars and/or Special Rewards earned in connection with his/her membership in the

    Loyalty Program. If Enrico’s Italian Dining concludes in its sole discretion that the

    Member has engaged in misconduct or that his/her account has been compromised, it

    may terminate the Member’s membership, including but not limited to terminating the

    Member’s ability to earn Reward Dollars and Special Rewards and to redeem earned

    Reward Dollars and/or Special Rewards earned in connection with his/her membership

    in the Rewards Program.

  • Modification of Terms and Conditions: Enrico’s Italian Dining reserves the right in its

    sole discretion to modify at any time these Terms and Conditions. Any such changes are

    effective immediately and the Member’s continued enrollment in the Rewards Program

    and/or use of the Site confirms that the Member accepts the changes and agree to be

    bound by them.

  • Termination of Rewards Program: Enrico’s Italian Dining reserves the right in its sole

    discretion to terminate the Loyalty Program. If the Loyalty Program is terminated,

    Members will no longer earn Reward Dollars or Special Rewards. Any Reward Dollars

    will have a 90 day expire date. Special Rewards will expire as indicated herein or as

    otherwise stated on the email confirming the Special Reward.

  • Ownership of Site Content: All of the contents of this Site are owned and copyrighted

    by Enrico’s Italian Dining and are protected as intellectual or proprietary property. Use

    of any of the Site content without prior consent by Enrico’s Italian Dining is strictly

    prohibited.

  • Limitation of Liability and Disclaimer: Members use the Site at their own risk. Enrico’s

    Italian Dining is not liable for any direct, indirect, special or other damages or losses that

    may result from the Member accessing this Site or using information, services, or

    merchandise provided through Enrico’s Italian Dining. This Site and the information

    included on the Site are provided by Enrico’s Italian Dining “as is” without any warranty

    of any kind either expressed or implied. Enrico’s Italian Dining is not responsible for

    interrupted or unavailable network server or other connections, miscommunications,

    computer transmissions or jumbled, scrambled or misdirected transmissions, or for

    electrical, network, computer hardware or software or program malfunctions, failures

    or difficulties or for other errors, omissions, interruptions, or deletions of any kind

    whether human, mechanical, or electronic or for any damage to any person’s computer

    related to participating in the Loyalty Program. Enrico’s Italian Dining liability for

    Reward Dollars or any other reward containing printing or other errors, if any liability

    exists, is limited to replacement with other Rewards, while supplies last.

  • Disputes to Be Resolved Through Arbitration: Except where prohibited by law, by

    registering or using the Card or app, you agree that any action arising out of or relating

    in any way to the Card or app shall be resolved individually and exclusively by final and

    binding arbitration administered by the American Arbitration Association (the “Forum”)

    and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial

    Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for

    Consumer-Related Disputes (collectively, the “Forum’s Rules”). The arbitration shall be

    held at a location in the state in which you live. The arbitrator’s decision shall be

    controlled by these Terms of Use and any of the other terms and conditions governing

    the Card, including those on the front and back of the Card. The arbitrator shall not

    have the power to award punitive damages against Enrico’s Italian Dining or anyone

    else. There shall be no authority for any claims to be arbitrated (or otherwise disputed)

    on a class or representative basis; arbitration can decide only your individual claims, and

    the arbitrator may not consolidate or join the claims of other persons who may be

    similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. You also agree

    that (a) any and all claims, judgments and awards shall be limited to actual out-of-

    pocket costs incurred; and (c) under no circumstances will you be permitted, and you

    hereby waive all rights to: (i) claim punitive, exemplary, special, incidental, indirect and

    consequential damages and any other damages (whether due to negligence or

    otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to

    this provision shall also be resolved by an arbitrator of the Forum. If any provision or

    provisions of these Terms and Conditions shall be held to be invalid, illegal,

    unenforceable or in conflict with the law of an jurisdiction, the validity, legality and

    enforceability of the remaining provisions shall not in any way be affected or impaired

    thereby.

  • Release: Member hereby releases and agrees to indemnify and hold harmless Enrico’s

    Italian Dining from and against any and all costs, claims, damages, or any other injury,

    whether due to negligence or otherwise, to person(s) or property (including, without

    limitation, death or violation of any personal rights, such as violation of right of

    publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the

    Member’s participation in the Loyalty Program, or the receipt, use or misuse, of

    Rewards or any other reward.

  • Privacy: Any information that a Member provides to Enrico’s Italian Dining will be

    treated in accordance with Enrico’s Italian Dining Privacy Policy.

  • Choice of Law: These Terms and Conditions are governed by and are to be construed in

    accordance with the laws of the State of Illinois.