Cinnabon Terms and Conditions
We may change or modify some or all these Terms from time to time and will post the updated Terms with an “Updated as of” effective date of the revision. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and you waive any right you may have to receive specific notice of such changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to, use of and/or participation in the Cinnabon Online Services after these Terms have been changed or modified signifies your acceptance of any updated Terms. As a result, you should frequently review these Terms to understand the terms and conditions that apply to your access to, use of and/or participation in the Cinnabon Online Services. If you do not agree to the changed or modified Terms, then do not use the Cinnabon Online Services.
PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND OTHER CLAUSES, WHICH GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW.
APPLICABLE TERMS AND CONDITIONS:
- Cinnabon Terms and Conditions of Use
- Cinnabon Rewards Program & Cinnabon App Terms and Conditions
OTHER IMPORTANT POLICIES:
Cinnabon Terms and Conditions of Use
Updated as of November 28, 2022
TABLE OF CONTENTS
- AGREEMENT TO TERMS AND CONDITIONS BY USER
- LINKS TO THIRD PARTY SITES
- RESTRICTIONS ON USE
- NO UNLAWFUL OR PROHIBITED USE
- COMMUNICATION SERVICES; SUBMISSIONS AND UNAUTHORIZED CONDUCT
- USER GENERATED CONTENT
- IDEA SUBMISSIONS
- PROMOTIONAL/ADDITIONAL FEATURES
- NO RESALE/EXPLOITATION
- PRODUCT FEEDBACK
- GEOGRAPHIC RESTRICTIONS
- JURISDICTION OF THE CINNABON ONLINE SERVICES
- DISCLAIMER OF WARRANTIES
- RESTRICTION OF LIABILITY
- COPYRIGHT AND TRADEMARK INFORMATION
- PATENT INFORMATION
- DISPUTE RESOLUTION AND MANDATORY ARBITRATION; CLASS ACTION WAIVER
- GOVERNING LAW AND VENUE
AGREEMENT TO TERMS AND CONDITIONS OF USE BY USER
The Cinnabon Online Services are intended solely for users thirteen (13) years of age and older. You represent and warrant that you are thirteen (13) years of age or older. Any person who is a minor in their jurisdiction of residence must have their parent or legal guardian’s consent to access the Cinnabon Online Services.
LINKS TO THIRD PARTY SITES
The Cinnabon Online Services may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, games, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site. If you decide to leave the Cinnabon Online Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
RESTRICTIONS ON USE
The Cinnabon Online Services, and all of the content they contain, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Materials”) that relates to the Cinnabon Online Services (other than and except for “User Generated Content” (as defined herein)) are owned by or licensed by Cinnabon or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws. Except as expressly permitted in writing by Cinnabon, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Except as otherwise expressly set forth herein, nothing contained in this Agreement or the Cinnabon Online Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Cinnabon or such third party that may own the Material or intellectual property displayed on the Cinnabon Online Services. Cinnabon may add, change, discontinue, remove, or suspend the display of or access to any of the Material at any time, without notice and without liability. Linking, or any other manner of incorporating the whole or parts of the Sites and Apps, including the framing of Sites and Apps by sites or site elements controlled by third parties, is strictly prohibited.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Cinnabon Online Services, you warrant to Cinnabon that you will not use the Cinnabon Online Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Cinnabon Online Services in any manner which could damage, disable, overburden, or impair the Cinnabon Online Services or interfere with any other party's use and enjoyment of the Cinnabon Online Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Cinnabon Online Services.
You need not register with Cinnabon to simply visit and view the Sites or App and use many of the Services available on the Sites or App. However, Cinnabon may from time to time require you to register for an account in order to access certain password-restricted areas of the Sites and Apps and to use certain Services and materials offered on and through the Sites and Apps, including, without limitation, the Cinnabon Rewards program. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Sites and Apps, including, without limitation, the Cinnabon Rewards program. You agree that you will not provide any false personal information to the Sites or Apps or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile. If you select a username for your account, you will not incorporate any third-party intellectual property into your username, and we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a celebrity or trademark owner complains about a username). Cinnabon shall have the right to approve or reject any requested account, in Cinnabon’s discretion. If your account is approved, you will be permitted to log in to the applicable Site, App or Service using the password you select. You may not permit anyone other than yourself to use your username or password to gain access to the Site, App or Service. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are responsible for all activities that occur using your username and password.
COMMUNICATION SERVICES; SUBMISSIONS AND UNAUTHORIZED CONDUCT
All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards, or other information communicated to Cinnabon through the Sites and Apps, via the Communication Services or otherwise (each, a "Submission"), will forever be the property of Cinnabon, except as otherwise expressly stated by Cinnabon in connection with a specific Submission. Cinnabon will treat any Submission as nonproprietary and non-confidential. By posting, uploading, inputting, providing, or submitting your Submission you acknowledge that you and not Cinnabon have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions. Except as otherwise expressly stated by Cinnabon in connection with a specific Submission, anything you transmit or post becomes the property of Cinnabon and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing.
No compensation will be paid with respect to the use of your Submission, as provided herein. Cinnabon is under no obligation to post or use any Submission you may provide and may, in Cinnabon sole discretion, remove any Submission at any time, for any reason, without notice to you.
When using the Cinnabon Online Services and/or making a Submission, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Cinnabon Online Services, or another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Site, App, or Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Download any file posted by another user of a Site, App, or Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Sites, Apps, and Services, or any part thereof.
- Violate any code of conduct or other guidelines which may be applicable for any particular Site, App, or Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Cinnabon has no obligation to monitor, police, or remove any Submissions. However, Cinnabon reserves the right in its sole discretion to review Submissions and to remove any materials at any time, for any reason, without notice to you. Cinnabon assumes no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Sites or Apps, including in Submissions. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Cinnabon reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Cinnabon’s sole discretion. Cinnabon will fully cooperate with any law enforcement authorities or court order requesting or directing Cinnabon to disclose the identity of anyone posting any such information or materials.
Cinnabon reserves the right to terminate your access to any or all the Cinnabon Online Services at any time without notice for any reason whatsoever.
Always use caution when giving out any personally identifying information about yourself or your children on or through the Cinnabon Online Services. Cinnabon does not control or endorse the content, messages, or information found in any Communication Service. Therefore, Cinnabon specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Cinnabon spokespersons, and their views do not necessarily reflect those of Cinnabon.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
USER GENERATED CONTENT
Our current Hashtag Phrases include, without limitation, the following, which list may be updated any time and from time to time, by us without notice to you: #Cinnabon; #LifeNeedsFrosting; #SweetTalk; #BonBites; #ChurroSwirl; #PecanBon; #CinnabonCatering; #CinnaSquad and #CinnabonYes.
Cinnabon and its employees do not consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans, or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (collectively, “Idea Submissions”) in any form to Cinnabon or any of its employees. The chief purpose of this policy is to avoid potential misunderstandings or disputes when Cinnabon products or marketing strategies might seem like ideas submitted to Cinnabon. If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:
You agree that: (1) your Idea Submission(s) and their contents will automatically become the property of Cinnabon, without any compensation to you; (2) Cinnabon may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way; (3) there is no obligation for Cinnabon to review or use Idea Submission(s); and (4) there is no obligation to keep any Idea Submission(s) confidential.
PROMOTIONAL / ADDITIONAL FEATURES
From time to time, Cinnabon may offer sweepstakes, contests, or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests, or promotions offered via the Cinnabon Online Services may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
NO RESALE / EXPLOITATION
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Cinnabon Online Services for any commercial purpose.
Cinnabon welcomes your feedback regarding many areas of our business. If you want to send us your feedback, and we hope you do, we simply request that you use the Contact Us feature on this Site. Please provide only specific feedback on Cinnabon existing products or marketing strategies. Any feedback you provide at this Site shall be deemed to be non-confidential. Cinnabon shall be free to use such information on an unrestricted basis.
Cinnabon operates the Cinnabon Online Services in the United States. We provide the Cinnabon Online Services for use only by persons located in the United States. Cinnabon makes no representation that the Cinnabon Online Services, including the Sites, Materials, or merchandise offered for sale on the Sites and Apps and their copyrights, trademarks, patents, and licensing arrangements are appropriate or legal for use in locations other than the United States. If you access the Cinnabon Online Services from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
JURISDICTION OF THE CINNABON ONLINE SERVICES
Except as described otherwise, all materials in the Cinnabon Online Services are made available only to provide information about Cinnabon or Cinnabon’s affiliate or subsidiary. Cinnabon, or its designee, controls and operates the Cinnabon Online Services from its headquarters in Atlanta, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use the Cinnabon Online Services from other locations, you are responsible for compliance with applicable local laws.
DISCLAIMER OF WARRANTIES
CINNABON AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITES OR APPS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
CINNABON AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Sites and Apps contain downloadable materials as well as links to external websites. Cinnabon is not responsible for, and has no control over, the content of such downloadable materials or external websites. The inclusion of any link to such websites does not imply endorsement by Cinnabon of the websites. You understand that Cinnabon cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Sites and Apps, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties.
RESTRICTION OF LIABIILTY
BY ACCESSING THE CINNABON ONLINE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The material, software, products, and Services in the Sites and Apps, or available through the Sites and Apps, may include technical inaccuracies or typographical errors. Cinnabon is not responsible if information made available through the Cinnabon Online Services is not accurate, complete, or current. The material on the Cinnabon Online Services is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on or use of the material and Services on the Sites and Apps is at your sole and exclusive risk. The Sites and Apps may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Cinnabon may make changes or improvements at any time. ADVICE RECEIVED VIA THE SITES AND APPS SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Cinnabon and its employees do not accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position. Cinnabon is an equal opportunity employer committed to a diverse workforce. Cinnabon’s independent franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
COPYRIGHT AND TRADEMARK INFORMATION
All trademarks used herein are owned by Cinnabon unless otherwise stated. All other third-party trademarks used on the Sites and Apps are the property of their respective owners and used under license by Cinnabon. Any rights not expressly granted herein are reserved.
All contents of the Cinnabon Online Services are copyrighted by Cinnabon. All Rights Reserved.
Cinnabon respects the intellectual property rights of others, and we ask you to do the same. Cinnabon may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Cinnabon Online Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on any Site, App, or Cinnabon’s Social Media Channels please provide Cinnabon designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site or App, and information reasonably sufficient to permit Cinnabon to locate the material.
- Information reasonably sufficient to permit Cinnabon to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Cinnabon’s designated agent for notice of claims of copyright or trademark infringement can be reached as follows:
- Copyright Agent
- 5620 Glenridge Drive NE
- Atlanta, GA 30342
- (404) 705-2088
- (404) 705-2088
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Cinnabon designated agent that includes all the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- our name, physical address, telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Cinnabon may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Cinnabon reserves the right, in its sole discretion, to terminate the account or access of any user of our Cinnabon Online Services who is the subject of repeated DMCA or other infringement notifications.
Portions of the Cinnabon website are licensed under U.S. Patent No. 5,930,474.
DISPUTE RESOLUTION AND MANDATORY ARBITRATION; CLASS ACTION WAIVER
Please Read This Provision Carefully. It Affects Your Legal Rights.
Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Cinnabon in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this “Dispute Resolution and Mandatory Arbitration; Class Action Waiver” section (“Dispute Resolution Section”) applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 45 days prior to initiating an arbitration, you and Cinnabon each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Cinnabon by emailing it to privacy@Cinnabon.com. Cinnabon will send its notice of dispute to the email address associated with your Cinnabon account, if any. A notice of dispute must include: the party’s name, preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 45-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org ) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org ).
Exceptions to Arbitration Agreement. You and Cinnabon each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as set forth in the “Governing Law and Venue” section below): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Cinnabon agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
Rules and Governing Law.This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org . In order to initiate arbitration, a completed written demand (available at www.adr.org ) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Cinnabon agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Atlanta, Georgia; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Cinnabon will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
No Class Actions or Representative Proceedings. You and Cinnabon acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Severability. Except as provided in the “No Class Actions or Representative Proceedings” section above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
GOVERNING LAW AND VENUE
Injunctive Relief. You acknowledge that any breach of this agreement would cause Cinnabon irreparable injury, such that Cinnabon would have no adequate remedy at law. You agree that in the event of such breach, Cinnabon shall be entitled to injunctive relief in addition to any other remedies it may have at law or equity, without the requirement of posting a bond.
- Cinnabon Franchisor SPV LLC
- ATTN: GENERAL COUNSEL
- 5620 Glenridge Drive NE
- Atlanta, GA 30342
- (404) 705-2088
- (404) 205-3250
Cinnabon Rewards Program & Cinnabon App Terms & Conditions
Last Updated: November 28, 2022
THESE TERMS AND CONDITIONS (THE “CINNABON REWARDS TERMS”) GOVERN THE CINNABON REWARDS PROGRAM (THE “PROGRAM”) AND CINNABON APP (THE “APP”).
Table of Contents
- Deactivate or Delete Account; Unsubscribe from Emails
- Earning Points and Rewards
- Points and Rewards Redemption
- Modification and Termination
- Electric Communications
- SMS Terms
- General Terms and Conditions
- Program Malfunctions and Conduct
- No Warranty; Limitation of Liability
The Program is an electronic rewards program operated by or on behalf of Cinnabon Franchisor SPV LLC, and/or its parents, affiliates, subsidiaries, and licensees (collectively, “Cinnabon”). The Program provides eligible Cinnabon account holders who register for the Program through www.cinnabon.com (the “Website”) or the App (“Members” or “you”) with the opportunity to earn “Points” by participating in various activities, some of which are described below. You can redeem your Points from time to time for various “Rewards” as set forth below. These Cinnabon Rewards Terms govern the Program along with any other terms or policies incorporated by reference into these Cinnabon Rewards Terms. In the event of any conflict or inconsistency between these Cinnabon Rewards Terms and the terms of any other policies incorporated herein, these Cinnabon Rewards Terms will prevail, govern and control with respect to any matters pertaining to the Program and the other policies will prevail, govern and control with respect to all other matters. Please read these Cinnabon Reward Terms carefully before participating in the Program. Your participation in the Program indicates that you have read, understood, and unconditionally consent and agree to these Cinnabon Rewards Terms. If you do not agree to these Cinnabon Rewards Terms, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms Cinnabon or any other person or entity, as determined by Cinnabon in its sole discretion.
The Program is open only to Cinnabon account holders who are legal residents of the fifty (50) United States and the
District of Columbia, who are thirteen (13) years of age or older and who register for the Program through the Website or App.
Minors must have parental consent. Registration is free. Any person whose access to the Website or App has been terminated or
suspended by Cinnabon is NOT eligible to participate. To participate in the Program, go to the Website or download the App to your
Android™ or iPhone® device and submit the information requested on the registration page and confirm your agreement to these Cinnabon
Rewards Terms. Once you complete and submit all the registration information, a Program account (each, an “Account”) will be created
for you. All registration information must be completed in full. Memberships can only be used by the Member whose name is listed on the
Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your
password. Limit one (1) Account per person. You cannot have more than one Account. Cinnabon may, at any time, require you to verify
your name and address by means of faxing, emailing, or mailing to Cinnabon a copy of your driver’s license or other form of identification
approved by Cinnabon, in addition to providing Cinnabon with a signed statement of legitimacy; and Cinnabon may automatically require
such verification in the case of multiple accounts from the same address, household, computer or IP address. If you attempt to obtain
more than one Account, all Points in your Account may be forfeited, and Cinnabon may, at its sole discretion, terminate your membership
and permanently ban you from participating in the Program. Officers, directors and employees of Cinnabon and its parent, subsidiaries,
divisions and affiliates, (each, a “Program Entity,” and collectively, the “Program Entities”) may participate in the Program but may
not be allowed to redeem Points for certain Rewards and may otherwise be subject to restrictions that do not generally apply to how Points
are earned or used. Additional or different eligibility criteria may apply to certain opportunities to earn or use Points and other
invitations made by the Program Entities or their business partners. The Program is provided to individuals only. Corporations, associations,
or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association or
group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Points
for combined use, unless such use is expressly permitted by Cinnabon. Participation in the Program constitutes each Member’s permission
for the Program Entities to use the Member’s first and last name, username, photograph, likeness, voice, biographical information,
statements, address (city and state) and a description of any Rewards won and any other personal characteristics for advertising and/or
publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
- The Program is open only to Cinnabon account holders who are legal residents of the fifty (50) United States and the District of Columbia, who are thirteen (13) years of age or older and who register for the Program through the Website or App. Minors must have parental consent. Registration is free. Any person whose access to the Website or App has been terminated or suspended by Cinnabon is NOT eligible to participate. To participate in the Program, go to the Website or download the App to your Android™ or iPhone® device and submit the information requested on the registration page and confirm your agreement to these Cinnabon Rewards Terms. Once you complete and submit all the registration information, a Program account (each, an “Account”) will be created for you. All registration information must be completed in full. Memberships can only be used by the Member whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password. Limit one (1) Account per person. You cannot have more than one Account. Cinnabon may, at any time, require you to verify your name and address by means of faxing, emailing, or mailing to Cinnabon a copy of your driver’s license or other form of identification approved by Cinnabon, in addition to providing Cinnabon with a signed statement of legitimacy; and Cinnabon may automatically require such verification in the case of multiple accounts from the same address, household, computer or IP address. If you attempt to obtain more than one Account, all Points in your Account may be forfeited, and Cinnabon may, at its sole discretion, terminate your membership and permanently ban you from participating in the Program. Officers, directors and employees of Cinnabon and its parent, subsidiaries, divisions and affiliates, (each, a “Program Entity,” and collectively, the “Program Entities”) may participate in the Program but may not be allowed to redeem Points for certain Rewards and may otherwise be subject to restrictions that do not generally apply to how Points are earned or used. Additional or different eligibility criteria may apply to certain opportunities to earn or use Points and other invitations made by the Program Entities or their business partners. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Points for combined use, unless such use is expressly permitted by Cinnabon. Participation in the Program constitutes each Member’s permission for the Program Entities to use the Member’s first and last name, username, photograph, likeness, voice, biographical information, statements, address (city and state) and a description of any Rewards won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
DEACTIVATE OR DELETE ACCOUNT; UNSUBSCRIBE FROM EMAILS.
To Deactivate or Delete your Account through the Website:
- Go to “Contact Us” section of the Website.
- Choose “Technical Issue …” from the drop-down menu.
- Choose “My Cinnabon Rewards Issue” from the drop-down menu.
- Type “Deactivate Account” or “Delete Account” in the text box, provide the email address associated with your account, and click the “Yes, either phone or email” opt in and click “Next”
- Fill out the information requirements including the phone number and/or email address associated with your Account and press “Finish.”
EARNING POINTS AND REWARDS.
Members have many ways to earn Points and Rewards in the Program. The Program may also award more than one type or “class” of Points.
The number of Points and the type or “class” of Points that can be earned by participating in any opportunity to earn Points
will be disclosed when the opportunity is presented. Some of the ways Members can earn Points and Rewards may include the following (subject to change):
- Signing Up for a Program Account. Members can earn a Reward by completing and submitting their registration information for an Account via the App or Website.
- Purchasing Cinnabon Products at Participating Cinnabon Locations. Members can earn Points by visiting participating Cinnabon retail stores in the United States and purchasing Cinnabon products or by placing an order via the App or the Website at participating Cinnabon’s retail stores in the United States on dine-in, carry-out, or delivery, (excluding the purchase of catering or gift cards). Members will receive ten (10) “Points” for each U.S. dollar spent on Cinnabon Products (pre-taxes and fees, after applicable discounts, including Groupon or any other third party programs, rounded up to the nearest dollar if $0.50 or higher), except during limited time promotions when Cinnabon may offer “Bonus Points” on featured products and/or services. No partial Points will be earned for purchase amounts less than one (1) U.S. dollar. You cannot earn points on orders placed through third-party delivery providers, such as UberEats or DoorDash. Points can only be earned twice in a one (1) hour period. Points are automatically added to a Member’s account when purchase is completed via the App or the Website. To earn Points for in-retail store purchases you can: (a) manually enter or scan the bar code on the receipt from your purchase with the built-in scanner in the App within three (3) days of the purchase, (b) scan the QR code on your smartphone at the time of purchase with the scanner at the check-out counter, or (c) request the cashier look up your account via the phone number you used to sign up for the Program.
- Referral Points. The Program allows Members to receive Points for referring friends who join the Cinnabon Rewards Program and start earning points. Referrals are made by sharing the personalized Referral Code available in the App. Referral Points are issued once per referral and only after the referred friend becomes a Member and completes their first purchase.
- Banked Reward. Upon reaching a certain number of Points determined by Cinnabon at Cinnabon’s sole discretion, Members receive a Banked Reward of a Cinnabon Product to be determined by Cinnabon in its sole discretion and to be redeemed at participating U.S. Cinnabon stores. The Banked Reward is not valid on the same transaction that earned the Points and is valid commencing on the next visit only.
- Surprise and Delight Rewards. Program might provide Members with the opportunity to earn special surprise and delight Points and/or Rewards.
- Birthday Rewards. The Program might provide Members with a special quantity of Points or a Reward on or around their birthday of record that was provided to Cinnabon during the Account set-up (“Birthday Reward”). Once your birthday is set in your Account profile, it cannot be changed. To receive a Birthday Reward, Cinnabon may require you to have been a Member for a certain amount of time prior to your birthday of record and/or meet certain minimum purchase or Points requirements.
- Opt-in to Promotional Communications. The Program may provide Members with the opportunity to earn Points in exchange for signing up to receive promotional and marketing offers from Cinnabon.
- Members have many ways to earn Points and Rewards in the Program. The Program may also award more than one type or “class” of Points. The number of Points and the type or “class” of Points that can be earned by participating in any opportunity to earn Points will be disclosed when the opportunity is presented. Some of the ways Members can earn Points and Rewards may include the following (subject to change):
POINTS AND REWARDS REDEMPTION.
- Members may redeem Points for products, discounts, coupons, merchandise, and other rewards as determined by Cinnabon in its sole discretion (each, a “Reward”). Points and/or Rewards may expire if not used by a date specified by Cinnabon, further details are provided on the Website or App on a reward-specific basis. The Service Fee (defined below) will be charged on each Reward redemption for orders placed via the Website or App. In-store redemption of a Reward is not subject to the Service Fee. For all orders other fees and taxes may be imposed. see the checkout screen in the Website or App or ask the cashier for amounts and details. You may view your current earned Points or earned Rewards and their expiration date by logging into your Account. Cinnabon, in its sole discretion, may impose a limit on the number of Points or Rewards in the aggregate or by type that may earned or redeemed per Account, per day, per Reward or per any other generally-applicable metric that may be selected by Cinnabon from time to time in its sole discretion. Points are not valid on the same transaction that earned the Points and are valid commencing on the next store visit only as determined by Cinnabon in its sole discretion.
- Cinnabon reserves the right to remove points from any account that has been inactive for 12 months. Inactivity means that there has been no purchase of Cinnabon products in store, in app, or online to receive Points and no redemption of Points.
- Rewards are subject to availability as determined by Cinnabon in its sole discretion. The expiration date for a Reward, if any, will be disclosed when the Reward is presented and may vary for different categories of Rewards. Cinnabon reserves the right to modify, amend or revise the Rewards available. Members may not rely on continued Reward availability. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions and other terms and conditions associated with any Reward or its redemption may be imposed by Cinnabon or its designee or the third party business partner supplying the Reward. Rewards are non-assignable and non-transferable and may not be bartered or sold. Any Rewards assigned, transferred, bartered, or sold in violation of these Cinnabon Rewards Terms may be confiscated or cancelled. Physical Rewards (if any) will be shipped only to the United States address currently on file with Cinnabon for the applicable Member’s Account and will not be shipped to any other person or address. A pattern of redeeming Points for Rewards preceded or followed by changing the address, email address or telephone number for the applicable Account may be viewed as redemption fraud and could result in the termination of your membership in the Program. Cinnabon 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 (if any) 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 Program materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.
- All details and restrictions of the Rewards not specified at the time the redemption opportunity is presented will be determined by Cinnabon in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by Cinnabon in its sole discretion, Cinnabon reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
- Points and Rewards have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned, or used to engage in any gambling activity. Any Points or Rewards obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Points and Rewards may be confiscated or cancelled. Points and Rewards must be redeemed in accordance with these Cinnabon Reward Terms. Points and Rewards will not be replaced, reissued, or credited if lost, stolen, or otherwise altered or destroyed. If the Program includes tiers that provide the Member with benefits based on meeting a stated minimum threshold number of Points (each such tier, if any, referred to as “Points Level”), you should know that Points Levels are subject to change. Cinnabon, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw, or cancel any Points Level. Cinnabon also reserves the right, in its sole discretion, to determine and modify, at any time, the value of Points and the number of Points or the type of Reward that may be earned for any given activity. Rewards cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion. Rewards are not available with third-party delivery. Once you have redeemed your Points or Rewards, they are gone and there are no refunds, returns or exchanges for additional Points, Rewards, cash, or other goods and services, even if you return the products, merchandise or other item(s) that your Points or Rewards were redeemed toward.
MODIFICATION AND TERMINATION.
- Cinnabon may modify any of these Cinnabon Rewards Terms, including, but not limited to, the methods through which Points or Rewards can be earned, how Points or Rewards can be used, the types or “classes” of Points available, and the conditions under which Points or Rewards may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member's ability to use the Points or Rewards that the Member has already earned. The Program has no predetermined termination date and may continue until such time as Cinnabon decides to terminate the Program. Cinnabon may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Website, in the App and/or via email to the Member’s email address currently on file with Cinnabon for their Account.
- If Cinnabon amends these Rewards Terms, it will revise the “last updated” date located at the top of these Cinnabon Rewards Terms. For changes to these Cinnabon Rewards Terms that Cinnabon considers to be material, Cinnabon may place a notice in the App or Website by revising the link on the home page to read substantially as “Updated Cinnabon Rewards Terms and Conditions” for an amount of time that we determine in our discretion. If you continue to participate in the Program by earning Points or Rewards, redeeming Points or Rewards, logging onto your Account or in any other way after these Cinnabon Rewards Terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Cinnabon Rewards Terms will be available on the Website and will supersede all previous versions of these Cinnabon Rewards Terms.
- If Cinnabon decides in its sole discretion to discontinue the Program, Members will have approximately thirty (30) days or an amount of time deemed reasonable by Cinnabon in its sole discretion from the date Program termination is announced to use their remaining Points or Rewards. Use of any remaining Points or Rewards will be on a first come, first serve basis and otherwise subject to the availability of Rewards. Members may not rely on continued Points or Reward availability. Cinnabon makes no representation or warranty about the number or type of Rewards that may be available after Program termination has been announced, and many Rewards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announce. Any Points or Rewards remaining in a Member's Account at the time of termination will be forfeited and no compensation will be provided. Cinnabon may cancel your membership, cancel accumulated Points or Rewards, alter the number of Points or Rewards in your Account or suspend your membership privileges at any time with immediate effect if Cinnabon determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Cinnabon Rewards Terms; (d) engaged in any fraud or abuse concerning Points or Rewards, Points/Rewards usage or Points/Rewards redemption; or (e) engaged in any conduct or act that causes Cinnabon to terminate or suspend your access to your Account. Cinnabon may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Cinnabon Rewards Terms shall limit Cinnabon in its exercise of any legal or equitable rights or remedies.
- Cinnabon reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to log onto his or her Account for twelve (12) months or with such regularity deemed sufficient by Cinnabon and announced from time to time on the Website. Cinnabon in its sole discretion may allow Members to prevent their Points from expiring by following Cinnabon's instructions.
When you visit the Website, App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including targeted emails, surveys, promotional offers and for other general business purposes. We will communicate with you by e-mail or by posting notices in the App, including push notifications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Cinnabon Rewards Terms. We reserve the right to send you emails for administrative purposes even if you opt out of these communications. If you consented to receive SMS messages sent to your mobile phone, then you will receive marketing and transactional messages sent via auto dialer. You are not required to consent to receive these messages to receive the goods and services associated with the App or Program. Message and data rates may apply to your receipt of these SMS messages. You may opt out of receiving SMS messages or emails at any time.
If you provide us your mobile number and sign-up to receive Program-related SMS messages from us you are expressly consenting to receive via auto dialing equipment text messages from us to the mobile number you provided when you created an Account. You understand and affirm that your consent is optional, and you are not required to consent to receive SMS messages from us to participate in the Program. Message and data rates may apply for any text messages sent to you from us and to us from you. Neither Cinnabon nor carriers are liable for delayed or undelivered messages. For questions about text message rates and costs, you should contact your mobile service provider. The number of text messages we send you will depend on your purchases through and participation in the Program. You may opt-out of SMS messages from us at any time by replying “STOP” or “CANCEL” to any text message we have sent. You may text “HELP” for help at any time. For additional support, please use the Contact Us link on the Website. You may also update your message preferences in the App. We may send you a final text to confirm your opt-out.
GENERAL TERMS AND CONDITIONS.
ACCRUED POINTS AND REWARDS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS AND REWARDS ARE CREDITS THAT CINNABON MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS AND REWARDS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in the Member’s Account is accurate and is kept current. If a Member believes that the Member’s Account does not properly reflect Points or Rewards earned from engaging in any activities, the Member must contact Cinnabon to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Cinnabon reserves the right to seek damages from any such person to the fullest extent permitted by law. Cinnabon's failure to enforce any of these Cinnabon Rewards Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual’s eligibility for the Program, the earning, crediting or use of Points or Rewards, or a Member’s compliance with these Cinnabon Rewards Terms will be resolved by Cinnabon in its sole discretion.
The Service Fee has been instituted to subsidize the development and maintenance of the Website and the App. When these services are used a Service Fee will be charged.
Choosing Delivery through the Website or App will result in the Convenience Fee in addition to the Delivery Fee. The Convenience Fee enables a convenient delivery experience. Any fee will be listed on the checkout screen prior to completing your purchase.
PROGRAM MALFUNCTIONS AND CONDUCT.
- The Program Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points or Rewards. In no event will Program Entities be liable for, and members expressly release the Program Entities from any claims as to the issuance of any unintended Points or Rewards. If, for any reason, the 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 Cinnabon which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Cinnabon reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Cinnabon deems appropriate. In the event Cinnabon is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Cinnabon’s control (each a “Force Majeure” event or occurrence), Cinnabon shall have the right to modify, suspend, or terminate the Program, in whole or in part.
NO WARRANTY; LIMITATION OF LIABILITY.
- This Program, the Website, and the App are provided on an “AS IS” basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. Cinnabon is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of Reward. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless the Program Entities, from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member's Account by any third party. Participating Cinnabon locations may be independently owned and operated. For that reason, Cinnabon makes no guarantees, warranties or representations of any kind, express or implied, with respect to Points or Rewards redemptions or the products supplied by such independently owned and operated Cinnabon locations, and shall not be liable for any loss, expense, accident or inconvenience that may arise in connection with the use of such items.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM 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 MEMBER PROVES THAT CINNABON HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS OR REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT”.
If any provision of these Cinnabon Rewards Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Cinnabon Rewards Terms, which will otherwise remain in full force and effect.