Loyalty Program Terms and Conditions

Bruegger’s Bagels Inner Circle Rewards Program

Einstein Bros. Bagels Shmear Society Rewards Program

Noah’s Rewards Program

Program Terms and Conditions
(Effective 9/25/2024)

Table of Contents

These Program Terms and Conditions (these “Program Terms”) set forth the terms and conditions applicable to each of the Bruegger’s Bagels Rewards program (the “Bruegger’s Rewards Program”), the Einstein Bros. Rewards Program (the “Einstein Bros. Rewards Program”) and the Noah’s Rewards program (the “Noah’s Rewards Program”). The Bruegger’s Rewards Program, the Einstein Bros. Rewards Program and the Noah’s Rewards Program are each a separate brand-specific rewards program operated by the applicable Sponsor (as defined below), and are referred to individually in these Program Terms as a “Brand Program,” and collectively as the “Brand Programs.” The brand associated with a Brand Program is referred to in these Program Terms as a “Brand.”  In these Program Terms, “you,” “your,” or “member” refer to the person who has successfully registered for a Brand Program or who is an existing Brand Program member, and, if the context requires, is specific to a particular Brand and Brand Program.  Subject to these Program Terms, and as a benefit of membership in any Brand Program, when you register for one Brand Program (or are already registered for a Brand Program), you may earn and redeem rewards points at participating Bruegger’s Bagels, Einstein Bros. Bagels or Noah’s New York Bagels locations even if you have not separately registered for the other Brand Program(s).  Certain Brand Program-specific rewards, however, are not available to you unless you separately register for the specific Brand Program (for example, if you are only a member of the Bruegger’s Rewards Program, you will not receive Einstein Bros. Rewards Program welcome, birthday or special rewards). “Bruegger’s Bagels” refers to Bruegger’s Enterprises, Inc.,  “ENRG” refers to Einstein Noah Restaurant Group, Inc, and “Noah’s” refers to Noah’s New York Bagels Company. Bruegger’s Bagels, ENRG, and Noah’s are sometimes referred to individually as a “Sponsor” (as to its respective Brand Program) and collectively as “Sponsors.”

Your registration for a Brand Program and/or continued membership in a Brand Program indicates your acceptance of and agreement to all of these Program Terms. These Program Terms include a class action waiver and a requirement that most disputes between you and us must be resolved in binding arbitration, and not in court. There is no judge or jury in arbitration and discovery and appellate rights are more limited in arbitration than in court. You have a time-limited right to opt out of this arbitration requirement. See the “Arbitration/Class Action Waiver” section below for details. Be sure to check these Program Terms located at https://bagelbrands.com/loyalty-program-terms-and-conditions periodically for updates, as your continued membership in any Brand Program signifies your acceptance of changes we make to the Program Terms (except we will not change the terms of arbitration once a dispute has arisen).

You agree Sponsor(s) may change, add, or eliminate any Brand Program’s rewards or benefits, or participating locations; or change or end any Brand Program or any feature of any Brand Program; in whole or in part, at any time, and without notice or compensation, even though such actions may affect rewards in any Brand Program or your participation in any Brand Program.

You agree that Sponsor(s) may provide notices, disclosures, and amendments to these Program Terms, and other information relating to the Program by electronic means, including posting these materials online at https://bagelbrands.com/loyalty-program-terms-and-conditions.

Overview of the Brand Programs.

The Brand Programs are separate membership loyalty programs offered by a Sponsor for its respective Brand. As described below, a Brand Program is a points-earning and rewards program that rewards members for making purchases and earning corresponding points or participating in other qualifying activities (as may exist, if at all, from time to time) at participating Bruegger’s Bagels, Einstein Bros. Bagels and Noah’s New York Bagels locations and earning corresponding points. Additionally, a Brand Program offers members various promotional rewards (for example, a birthday reward) for the associated Brand.

The Brand Programs are only valid at participating Bruegger’s Bagels, , Einstein Bros. Bagels and Noah’s New York Bagels locations, which may change from time to time in the sole discretion of Sponsor(s).  Non-participating locations include, without limitation, non-participating franchisee locations, and restaurants in stadiums, airports, hospitals, hotels, college campuses and military bases. The Brand Programs are valid only in the 50 United States and the District of Columbia.

Brand Program Membership Qualifications; Registration.

To be an eligible member in any Brand Program, you must be (a) a resident of one of the 50 United States or the District of Columbia and at least 13 years of age, (b) have a valid email address and phone number that are each used only by you, and (c) represent only yourself as an individual (such that any corporations, groups, associations, or other commercial participants are not eligible).  You must separately register for each Brand Program in which you desire to participate.  If you desire to take advantage of the Brand Programs’ points pooling feature (as described below), each of your Brand Program account member profiles must use the same email address and phone number.  When registering, you must complete and submit all required registration information. If you have already registered for a Brand Program and desire to change your Brand Program account member profile information, visit the applicable Brand Website (as defined below) and make any desired changes.  You are responsible for keeping your information current and for keeping your information consistent throughout your Brand Program account member profiles. Only one Brand Program account per person per Brand (i.e., you may have only one Bruegger’s Rewards Program account, one Einstein Bros. Rewards Program account and one Noah’s Rewards Program account).

To register for the Bruegger’s Rewards Program

Use the Bruegger’s Bagels mobile application (the “Bruegger’s Bagels App”), or register online at www.brueggers.com (the Bruegger’s Bagels Website”).  Existing Bruegger’s Rewards Program members are also eligible to participate in the Bruegger’s Rewards Program. For additional help, please email Bruegger’s Bagels customer support team at help@bagelbrands.com.

To register for the Einstein Bros. Rewards Program

Use the Einstein Bros. Bagels mobile application (the “Einstein Bros. Bagels App), or register online at www.einsteinbros.com (the “Einstein Bros. Bagels Website”) Existing Einstein Bros. Rewards Program members are also eligible to participate in the Einstein Bros. Rewards Program. Only one Einstein Bros. Rewards Program Card (if used at all by the member in connection with the Einstein Bros. Rewards Program) per Einstein Bros. Rewards Program account/person.  For additional help, please email ENRG’s customer support team at help@bagelbrands.com.

To register for the Noah’s Rewards Program

Use the Noah’s New York Bagels mobile application (the “Noah’s App”), or register online at www.noahs.com (the “Noah’s Website”). Existing Noah’s Rewards Program members are also eligible to participate in the Noah’s Rewards Program. For additional help, please email Noah’s customer support team at help@bagelbrands.com.

Your Brand Program username(s) and password(s), Brand Program account(s), Einstein Bros. Rewards Program Card (if any), are for your personal use only. You are responsible for maintaining the security and confidentiality of your Brand Program username(s) and password(s), Brand Program account(s) and profile information (including registered email address and phone number), Einstein Bros. Rewards Program Card (if any), and you agree to be responsible for all activities that occur with any of the foregoing or otherwise in connection with the Program. Neither Sponsors nor their respective service providers are responsible for use of any of the foregoing without your permission.

Brand Apps and Brand Websites.

Eligible members may participate in the Brand Programs as described in these Program Terms through a Brand App (as defined below) and a Brand Website, in addition to participating through in-person purchases. The Bruegger’s Bagels App, the Einstein Bros. Bagels App and the Noah’s App are sometimes referred to in these Program Terms as a “Brand App” when referring to the mobile application for the applicable Brand.  The Bruegger’s Bagels Website, the Einstein Bros Bagels Website, and the Noah’s Website are sometimes referred to in these Program Terms as a “Brand Website” when referring to the website for the applicable Brand.

Earning Brand Program Points; Points Rewards; Redemptions; Expiration.

IMPORTANT:  If you desire to take advantage of the Brand Programs’ points pooling feature (as described below), each of your Brand Program account member profiles must use the same email address and phone number.  If the email address and phone number do not match for all your Brand Program account member profiles, any points you earn will not be combined with points earned in other Brand Programs with a different email address or phone number and will reside only in the Brand Program member account associated with the Brand at which an eligible transaction was made by you unless and until you provide a consistent email address and phone number for your Brand Program account member profiles.  Sponsors will not combine points for Brand Program member accounts that do not use a consistent email address and phone number.

Subject to these Program Terms, an eligible member whose Brand Program account is in good standing may earn points for eligible purchases at participating locations in the fifty (50) United States and the District of Columbia of the Brand associated with the member’s Brand Account as follows:

(a) 1 point per 1 U.S. dollar ($1) spent on eligible purchases when a member “checks-in” (as described below) in person at a participating location when making an in-store purchase,

(b) 2 points per 1 U.S. dollar ($1) spent on eligible purchases when a member makes a purchase for pick up at a participating location using the applicable Brand App while signed in to the member’s Brand Program account, and

(c) 2 points per 1 U.S. dollar ($1) spent on eligible purchases when a member makes a purchase for pick up at a participating location using the applicable Brand Website while signed in to the member’s Brand Program account.

Eligible purchases are limited to products available at a participating location when using the applicable purchase participation method described in (a), (b) and (c) above, and exclude past purchases, catering purchases, and purchases of gift cards and gift certificates.  Points are earned only on the actual amount paid by a member in an eligible transaction (after any applicable discounts and before taxes).  Points are earned only on whole dollar purchases and not partial dollar purchases, and a partial dollar purchase will not be rounded up to the next dollar (for example, a $1.98 purchase using a Brand App or Brand Website would earn only two points). Points, if previously earned, will be deducted by a Sponsor, in its sole discretion, for returns, cancelled orders, chargebacks and other circumstances affecting an applicable transaction. Purchases at nonparticipating locations, tax amounts, and online transactions (other than using a Brand Website purchase participation method as described in (c) above) are not eligible. Points will not be earned on charitable donations. Participating locations are subject to change in Sponsor(s) sole discretion without notice.

To “check in” and earn points using the purchase participation method described in (a) above, you must check-in in person at the point of sale at a participating Brand location prior to completing your purchase.  You may check in at a Brand location using the applicable Brand App or the phone number registered to your applicable Brand Program member account.  You may also check in at an Einstein Bros. Bagels location using the Einstein Bros. Rewards Program Card associated with your Einstein Bros. Rewards Program member account at the point of sale at a participating Brand location prior to completing your eligible purchase.  Your Einstein Bros. Rewards Program Card may also be used to check in at other Brand participating locations, where those locations accept those cards for check in purposes.  Sponsor may send you communications (e.g., an email) with additional specific methods to check in (e.g., a bar code in an email for a promotion).

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

To redeem points for a Brand where you are not a Brand Program member you must give the cashier at a participating Brand location the registered phone number associated with your other Brand Program member account(s) and the cashier will inform you of available Points Rewards. Points Rewards are limited where you are not a Brand Program member and are not all that are available to a Brand Program member.  If you desire, you may then select your Points Reward and redeem with the cashier at that time.  If you select a Points Reward, you may not select the Points Reward for future use; your Points Reward must be redeemed only at the time of selection at the point of sale.

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

If you have no activity on your Brand Program account for six (6) months, the points in your Brand Program account (no matter when they were earned) will expire and will no longer be available for redemptions. “Activity” is defined as a “check-in” (as described above) or a Points Reward redemption at a participating location of the Brand associated with your Brand Program account. If your Brand Program account points are combined, activity associated with one Brand Program account will also constitute activity for the other Brand Program accounts where points are combined.  If you check-in after being inactive for six (6) months or more, you will continue to be a member of the applicable Brand Program (and if your Brand Program account points are combined, the other Brand Program accounts where points are combined), but your point balance for the applicable Brand Programs will start again at zero points.

Points Rewards may not be substituted (except by an applicable Sponsor in its sole discretion). Redemption of Points Rewards is based upon availability of the particular Points Reward in the applicable Brand location at which you redeem your Points Reward, and you cannot substitute another type of Points Reward for a selected but unavailable Points Reward. A Points Reward must be redeemed in a single transaction and any unused portion of a Points Reward is forfeited, for which no consideration will be given. Partial redemption of Points Rewards is not allowed (for example, a two medium drinks Points Reward must be redeemed in a single transaction and visit; a medium drink cannot be redeemed in two separate visits and transactions). In the event of any dispute, an applicable Sponsor’s determination of the size or quantity of the Points Reward shall be final.

Points and unused earned Points Rewards (if you have any) will be identified on your account page accessible by logging into your Brand Program account on the applicable Brand App or Brand Website. Your points and Points Rewards shall be as reflected in an applicable Sponsor’s records, unless you can prove otherwise to the Sponsor’s satisfaction.

Points Rewards are subject to change, elimination or substitution at any time at an applicable Sponsor’s sole discretion without notice. Points and Points Rewards (a) have no cash value, (b) may not be redeemed or exchanged for cash or any cash equivalent, (c) may not be combined with other offer, promotion, discounts or coupons (including, without limitation, any other Points Reward or Program Reward), (d) are not transferable, and (e) may not be substituted (except by an applicable Sponsor, in its sole discretion). Redemption of Points Rewards do not earn Program points. You are not obligated to accept or redeem any Points Rewards. Points Rewards will be deemed forfeited without notice if not used within the allotted time frame, and the associated points used to select the Points Reward will not be reinstated to your Brand Program account.

Brand Program Rewards; Expiration; Redemption.

All eligible members whose Brand Program account is in good standing are eligible to receive the following Brand Program rewards only for that Brand, which may be redeemed and are subject to expiration as described below.

Bruegger’s Rewards Program

Welcome Reward

After registering for the Bruegger’s Rewards Program, Bruegger’s Bagels will post a one-time welcome reward (a “Bruegger’s Bagels Welcome Reward”) for one (1) complimentary bagel and cream cheese of your choice to your Brand Program account. A Bruegger’s Bagels Welcome Reward requires a separate purchase of a separate item at the time of redemption, and excludes modifiers such as toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. The Bruegger’s Bagels Welcome Reward is valid for fourteen (14) days after it is posted to your Brand Program account.

Birthday Reward

Bruegger’s Bagels will post a reward for one (1) complimentary bagel and cream cheese of your choice to your Brand Program account on your birthday (a “Bruegger’s Bagels Birthday Reward”). Bruegger’s Bagels Birthday Rewards are not received retroactively. A Bruegger’s Bagels Birthday Reward requires a separate purchase of a separate item at the time of redemption, and excludes modifiers such as toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. The Bruegger’s Bagels Birthday Reward is valid for fourteen (14) days after it is posted to your Brand Program account. You are eligible to receive one (1) Bruegger’s Bagels Birthday Reward per year.

Promotional Offers

Bruegger’s Bagels may post certain promotional offers (“Bruegger’s Bagels Promotional Offers”) to your Brand Program account. Bruegger’s Bagels Promotional Offers will be subject to the terms and conditions of each respective Bruegger’s Bagels Promotional Offer, including, without limitation, qualifying purchases, additional charges and taxes, additional limits on participating locations, and applicable expiration dates.

Einstein Bros. Rewards Program

Welcome Reward

After registering for the Einstein Bros. Rewards Program, ENRG will post a one-time welcome reward (an “EBB Welcome Reward”) for one (1) complimentary bagel and shmear of your choice to your Brand Program Account.  An EBB Welcome Reward requires a separate purchase of a separate item at the time of redemption, and excludes modifiers such as toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. The EBB Welcome Reward is valid for fourteen (14) days after it is posted to your Brand Program account.

Birthday Reward

ENRG will post a reward for one (1) complimentary egg sandwich of your choice to your Brand Program account on your birthday (an “EBB Birthday Reward”). EBB Birthday Rewards are not received retroactively. An EBB Birthday Reward requires a separate purchase of a separate item at the time of redemption, and excludes modifiers such as additional egg(s), toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. EBB Birthday Rewards expire fourteen (14) days after posting to your Brand Program account. You are eligible to receive one (1) EBB Birthday Reward per year.

Promotional Offers

ENRG may post certain promotional offers (an “EBB Promotional Offers”) to your Brand Program account. EBB Promotional Offers will be subject to the terms and conditions of each respective EBB Promotional Offer, including, without limitation, qualifying purchases, additional charges and taxes, additional limits on participating locations, and applicable expiration dates.

Noah’s Rewards Program

Welcome Reward

After registering for the Noah’s Rewards Program, Noah’s will post a one-time welcome reward (a “Noah’s Welcome Reward”) for one (1) complimentary bagel and shmear of your choice to your Brand Program Account. A Noah’s Welcome Reward requires a separate purchase of a separate item at the time of redemption, and excludes modifiers such as toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. The Noah’s Welcome Reward is valid for fourteen (14) days after it is posted to your Brand Program account.

Birthday Reward

Noah’s will post a reward for one (1) complimentary egg sandwich of your choice to your Brand Program account on your birthday (a “Noah’s Birthday Reward”). Noah’s Birthday Rewards are not received retroactively. A Noah’s Birthday Reward requires a separate purchase of a separate item at the time of redemption, and excludes modifiers such as additional egg(s), toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. Noah’s Birthday Rewards expire fourteen (14) days after posting to your Brand Program account. You are eligible to receive one (1) Noah’s Birthday Reward per year.

Promotional Offers

Noah’s may post certain promotional offers (“Noah’s Promotional Offers”) to your Brand Program account. Noah’s Promotional Offers will be subject to the terms and conditions of each respective Noah’s Promotional Offer, including, without limitation, qualifying purchases, additional charges and taxes, additional limits on participating locations, and applicable expiration dates.

All Brand Program Rewards

You may only redeem welcome rewards, birthday rewards and promotional offers (collectively, “Brand Program Rewards”) at applicable participating Bruegger’s Bagels, Einstein Bros. Bagels, and Noah’s New York Bagels locations. A Brand Program Reward may only be redeemed at the applicable Brand location.  Only one (1) redemption of a Brand Program Reward or Points Reward per visit. To redeem a Brand Program Reward, visit a participating Brand location, “check in” at the point of sale using the Brand App, your phone number registered to your Brand Program account, by using your registered Einstein Bros. Rewards Program Card (if a redemption of a Einstein Bros. Rewards Program Brand Program Reward), and let the cashier know which Brand Program Reward you desire to redeem. Sponsor may send you communications (e.g., an email) with additional specific methods to check in (e.g., a bar code in an email for a promotion). Each time you redeem a Brand Program Reward, the Sponsor will remove it from your Brand Program account. Brand Program Rewards are subject to change, elimination or substitution at any time at an applicable Sponsor’s sole discretion without notice. Brand Program Rewards (i) have no cash value, (ii) may not be redeemed or exchanged for cash or any cash equivalent, (iii) may not be combined with other offer, promotion, discounts or coupons (including, without limitation, any other Brand Program Reward or Points Reward), (iv) may not be used to satisfy any requirement of any offer that requires you to purchase any item, (v) are not transferable, and (vi) may not be substituted (except by the applicable Sponsor, in its sole discretion). Redemption of Brand Program Rewards do not earn Brand Program points. You are not obligated to accept or redeem any Brand Program Rewards. Brand Program Rewards will be deemed forfeited without notice if not used within the allotted time frame. You may check your available Brand Program Rewards online at the applicable Brand App or Brand Website and logging into your Brand Program account.  Your Brand Program Rewards shall be as reflected in an applicable Sponsor’s records, unless you can prove otherwise to the Sponsor’s satisfaction.

Contact Authorization.

You authorize Sponsors to contact you by email, postal mail, fax, telephone, prerecorded message, automated voice, text message, or other means allowed by law with Brand Program administrative or transactional information both during your participation in the Brand Programs and after your participation has ended. You agree that Sponsors may contact you at any address or telephone number (including a cellular telephone number that you give Sponsors), and use an automatic telephone dialing system or similar device to do so. You authorize Sponsors to monitor or record any conversation or other communication with Sponsors. You also authorize Sponsors to contact you by email, postal mail, fax, telephone, prerecorded message, automated voice, text message, or other means allowed by law about Sponsors (or their affiliates) related promotions, special offers, discounts or contests. Neither Sponsors nor their respective service providers are responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your Brand Program accounts. You are responsible for keeping your Brand Program account contact information current.

Disclaimers

Some Brand Program options are only available if you use corresponding Brand Program features (for example, points, Points Rewards and Brand Program Rewards only appear on your Brand Program account page at the applicable Brand Website if you create a Brand Program account page).

Sponsors may conduct test programs from time to time in certain markets which may have additional/different terms than those described in these Program Terms. Sponsors have no obligation to expand or continue any test or the Brand Program, and may discontinue any Brand Program at any time. Points, Brand Points Rewards and Program Rewards may not be capable of being earned or redeemed if technical difficulties arise. Sponsors have no responsibility to retroactively apply Program points, Points Rewards or Brand Program Rewards. Sponsors are not responsible for undeliverable, lost, returned, or misdirected emails or other correspondence, or for use of your Brand Program accounts, Einstein Bros. Rewards Program Card (if applicable) or Points Rewards or Brand Program Rewards issued, without your permission.

Sponsors are not responsible for: (a) incorrect or inaccurate transcription or posting of Program information, including points, transactions, Points Rewards and Program Rewards, (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the Program; (e) any injury or damage to persons or property, including but not limited to entrant’s computer, phone or other devices, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Program, or from viewing, playing, uploading or downloading any material to or from Sponsor’s website(s) or applications; or (f) lost, stolen or expired points, Points Rewards or Program Rewards, none of which will be replaced.

Information We Collect and How We Use It.

For information about the information we collect and our privacy practices, please see the applicable Sponsor’s Privacy Policy and Terms of Use, as amended from time to time, at https://bagelbrands.com/privacy-policy/.

Notice to California and Colorado Residents

We may sell/share or process for targeted advertising the following categories of personal information collected from participants who participate in our Brand Programs:

  • Unique identifiers, such as, real name, email address, or loyalty card ID
  • Contact information, such as name, telephone number and email address
  • Characteristics of protected classifications, such as age
  • Commercial information, such as records of products or services purchased, or considered, or other purchasing or consuming histories or tendencies

We may disclose or sell the above categories of personal information to the following third parties:

  • Online advertising partners
  • Analytics providers
  • Vendors
  • Business partners

If you are a resident of California or Colorado, privacy laws in your state provide you with certain rights with respect to your personal information. Please see our Supplemental Privacy Policy at  https://bagelbrands.com/privacy-policy/supplemental-privacy-policy-california-virginia-colorado-connecticut-utah/ for more information about these rights and elections that may be made by you.

If you are making an election to either delete your personal information or opt out of sharing/selling your personal information or processing for targeted advertising and have a Brand Program account for any of our Brands, your election will affect your Brand Program account as described below:

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

We estimate the average value of a Brand Program is $10 per year (which may be higher or lower as to a specific Brand Program).  We arrived at such value by estimating the approximate retail value of complimentary or discounted products provided through a Rewards Program.

For Information on how to opt-into any of the Brand Programs, please see the “Brand Program Membership Qualifications; Registration” section of these Program Terms above.

Participants can opt out of participation in Brands Programs at any time by following the instructions in the “Your Right to Terminate Your Participation in the Program” section of these Program Terms below.

Contact Sponsors

Please notify Sponsors immediately of unauthorized use of your Brand Program account, or, as applicable, lost or stolen Einstein Bros. Rewards Program Card. If you need to update or verify your personal information, or to remove your personal information from a Sponsor’s active database (this will be completed as soon as reasonably possible, unless a Sponsor needs to retain information for dispute resolution, troubleshooting or other valid legal or business reasons; please note that Sponsors will not remove your historical usage information), or if you have questions related to privacy, visit the applicable Brand Website (Bruegger’s Bagels – www.brueggers.com; ENRG – www.einsteinbros.com; and Noah’s – www.noahs.com).  Additional contact information is as follows:

Bruegger’s Bagels

Contact by writing to Guest Services – Bruegger’s Rewards Program, Bruegger’s Enterprises, Inc., 1720 S. Bellaire St. Suite Skybox, Denver, CO 80222, or email help@bagelbrands.com.

ENRG

Contact by writing to Guest Services – Einstein Bros. Rewards Program, Einstein Noah Restaurant Group, Inc, 1720 S. Bellaire St. Suite Skybox, Denver, CO 80222 or email help@bagelbrands.com.

Noah’s

Contact by writing to Guest Services – Noah’s Rewards Program, Noah’s New York Bagels Company, 1720 S. Bellaire St. Suite Skybox, Denver, CO 80222 or email help@bagelbrands.com.

Your Right to Terminate Your Participation in the Program

You may terminate your participation in a Brand Program at any time by making a request to “delete all personal information you have about me” at https://www.bagelbrands.com/privacy-policy/request/ or email

data privacy@bagelbrands.com.

Your participation in any or all Brand Programs may be terminated by Sponsor(s) in connection with actual or suspected unauthorized or fraudulent use of any Brand Program, your Brand Program account(s), Einstein Bros. Rewards Program Card; actual or suspected violation of these Program Terms; or actual or suspected conduct by you determined by Sponsor(s) in its/their sole discretion to be incompatible with participation in the Brand Program(s) offered by Sponsor(s).

Sponsors’ Remedies.

Each Sponsor reserves the right to seek all remedies available at law and in equity for violations of any of these Program Terms, including suspending or blocking your access to your Brand Program account(s), Einstein Bros. Rewards Program Card, as applicable, or terminating your participation in any or all Brand Programs. An applicable Sponsor has the right to terminate a Brand Program account if there is no point accumulation or Point Reward or Program Reward redemption activity in the Brand Program account for one (1) year.

No Representations, Warranties, or Conditions.

Sponsors, their respective affiliates, and their respective franchisees, suppliers and vendors (including, without limitation, technology developers and/or providers) make no representations, warranties or conditions of any kind, express or implied, with respect to the Brand Programs, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance.  Sponsors do not represent or warrant that the Brand Apps, Sponsor websites, or, as applicable, your  Einstein Bros. Rewards Program Card will always be accessible or accepted or that your Brand Program accounts will always be accessible.

Limitation of Liability.

In the event that any Sponsor, any of their respective affiliates, or any of their respective franchisees, suppliers and/or vendors (including, without limitation, technology developers and providers) are found liable to you for any reason, then to the fullest extent allowed by applicable law, you shall only be entitled to recover actual and direct damages, and such damages shall not exceed $100, and Sponsors and their respective parents, subsidiaries and affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Brand Programs, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if Sponsors or their respective authorized representatives have been advised of the possibility of such damages. In no event shall Sponsors or their respective affiliates have any liability for unauthorized access to, or alteration, theft or destruction of any of your Brand Program accounts, Brand Apps, Brand Websites, Einstein Bros. Rewards Program Card through accident, misuse, or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond Sponsors’ reasonable control. The laws of certain states or other jurisdictions do not allow limitations on implied warranties, so some or all of the above disclaimers, exclusions or limitations may not apply to you.

No Liability for Third-Party Partners.

Sponsors may engage third-party partner companies to provide certain Brand Program, Points Rewards and Brand Program Rewards services. Sponsors are not responsible, and assume no liability, for the goods and services of such partner companies (including any changes to or discontinuances of such partner companies’ goods or services). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER SPONSORS, THEIR AFFILIATES, AND/OR THEIR RESPECTIVE FRANCHISEES, SUPPLIERS AND/OR VENDORS WILL BE LIABLE FOR ANY ACTS, ERRORS, OR OMISSIONS OF ANY THIRD PARTY OR PROGRAM PARTNER, OR ANY THIRD PARTY’S OR PARTNER’S LOYALTY OR REWARDS PROGRAM.

Indemnification.

By participating in the Program, you agree to release Sponsors and all of their respective affiliates, parents, subsidiaries, franchisees, vendors and suppliers, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred through your participation in the Brand Programs including, but not limited to, the earning of points and Points Rewards, and the receipt, possession, redemption, use and/or misuse of any Points Reward or Brand Program Reward.

Governing Law.

These Program Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of Colorado, without reference to a state’s conflict of law principles.

Changes to these Program Terms.

Sponsor(s) may amend or replace these Program Terms at any time. Sponsor(s) will post the amended or replaced Program Terms to their Brand Website(s) or https://bagelbrands.com/loyalty-program-terms-and-conditions/. As permitted by applicable law, any amendment or replacement will become effective at the time Sponsor(s) post the amended or replaced Program Terms to their Brand Website(s). Your continued participation in any Brand Program will constitute your acceptance to any amendment to or replacement of these Program Terms.

Arbitration.

Please review this provision carefully. It provides that most “Disputes” between us must be resolved in binding, individual arbitration and not in court.  Arbitration replaces the right to go to court and the right to have a judge or jury decide a dispute, and discovery procedures and appellate rights are more limited in arbitration than in court.  “Individual” means that the arbitrator may award the same remedies to you or us as a court could, but only to satisfy your or our individual claims.  To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.  “Binding” means that both you and we will have to accept and follow the arbitrator’s decision, except to the limited extent appeals to a court are permitted under applicable law. The award entered by the arbitrator may be confirmed or enforced in any court having jurisdiction.

Meaning of “Disputes.”  The term “Disputes” that must be arbitrated means any dispute, claim, or controversy (excluding only those exceptions listed below) between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse.  The term Disputes also includes disputes regarding the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.  In other words, if you believe this agreement is unenforceable against you for any reason or that a claim you are asserting should not be resolved in arbitration, the decision about this will be made by the arbitrator, not by a court, unless these Program Terms expressly say otherwise.  In this Arbitration provision, the words “we,” “us,” and “our” shall include each Sponsor and any assignees of any of a Sponsor’s rights, as well as a Sponsor’s and its assignees respective affiliates, parents, subsidiaries, franchisees, vendors, suppliers, and further assigns.

The exceptions to this arbitration requirement are: (a) claims that can be brought as individual actions in small-claims court; (b) pursuit of enforcement actions through a government agency if the law allows; (c) an action to compel or uphold any prior arbitration decision; (d) your or our right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (e) claims of intellectual property infringement; (f) claims that are the subject of a proposed class or collective action settlement in any court; (g) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (h) certain roles expressly specified for courts in the terms below.

Time Limit to Pursue a Dispute.  To the fullest extent permitted by applicable law, you or we must start arbitration of a Dispute within one (1) year from when the Dispute first arose. If applicable law requires you or us to bring a claim for a Dispute sooner than one year after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you or we will not have the right to assert the Dispute.

Arbitration Procedure and Location.  Any arbitration under this Arbitration provision shall be administered by National Arbitration and Mediation (“NAM”), https://namadr.com, according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by these Terms.   These Terms affect interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law.

The arbitration will be conducted by a single arbitrator selected pursuant to the Rules.  You and we both agree that the arbitration will be conducted in the English language.  The arbitrator will apply these Program Terms as a court would and will adjudicate any Disputes according to applicable law and fact based only upon the record before the arbitrator.

For Disputes in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in the City and County of Denver, Colorado, unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence.

The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and we agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or us to satisfy one of our individual claims that the arbitrator determines are supported by credible relevant evidence.

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.

Arbitration Fees.  The party initiating an arbitration must pay the claimant’s share of NAM’s initial filing fee.  If you are a consumer as defined in the Rules, your share of the filing fee is less than the cost of initiating a dispute in many courts.  Nevertheless, if your dispute is a consumer dispute and the initiation fee poses a hardship for you, we will consider your request that we pay the filing fee on your behalf. All other payments will be as directed by the Rules, which impose most costs on the company in consumer disputes.  Either or both parties may elect to be represented by counsel in arbitration, but each party shall bear its own costs of attorneys, experts, and witness fees, subject to the prevailing party’s potential right to seek reimbursement of those fees if applicable law allows this.

Special Rules for Coordinated Filings.  If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” We will pay only the company’s share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and NAM’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have notified us of their Disputes beginning at the time of such notification, but demands for arbitration in Coordinated Cases shall only be filed with NAM as permitted by the bellwether process set forth below, and we may not be required to pay any fees associated with cases that this agreement does not allow to be filed.

Once counsel for Coordinated Cases have notified us that they have provided notices of all or nearly all Disputes, counsel for claimants in the Coordinated Cases and counsel for us shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for us do not agree on the number of bellwethers, the number shall be chosen by NAM as an administrative matter (or, in NAM’s discretion, by a process arbitrator). Factors that NAM may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is not among the Coordinated Cases chosen to be filed against us, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Sponsor(s).

A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinated Cases and our counsel agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Company must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If our counsel and counsel for claimants in the Coordinated Cases cannot agree on a mediator within 30 days, NAM will appoint a mediator as an administrative matter. Our counsel and counsel for the claimants in the Coordinated Cases agree to cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution, then claimants in Coordinated Cases who notified us of their Disputes but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in the City and County of Denver, Colorado, or if federal jurisdiction exists, in the United States District Court for the State of Colorado, and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Sponsor(s) from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who notified us of their Disputes prior to the start of the bellwether process, and we reserve the right to contest class certification at any stage of the litigation and on any available basis.

If the parties to an arbitration disagree about whether cases are Coordinated Cases or regarding NAM’s compliance with the bellwether process, a court shall have authority to enforce the bellwether process.  This includes the authority to enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

Continuation in Effect.  The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and us.

Future Terms Changes.  Although we may revise these dispute resolution terms in our discretion, we do not have the right to alter this agreement to arbitrate, or the arbitration rules or procedures specified herein, with respect to any Dispute once you have notified us of that Dispute, if such change would make arbitration procedures materially less favorable to you as the claimant.  The question of whether a change to arbitration rules or procedures is materially less favorable to a claimant shall be decided by NAM as a process matter.

Your Time-Limited Right to Opt Out of the Arbitration Requirement.  You have the right to opt out of and not to be bound by the binding individual arbitration provisions set forth in these Terms (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision to the following address: Bruegger’s Bagels Inner Circle/Arbitration, c/o Bruegger’s Enterprises, Inc., 1720 S. Bellaire St. Suite Skybox, Denver, CO 80222, Shmear Society/Arbitration, c/o Einstein Noah Restaurant Group, Inc., 1720 S. Bellaire St. Suite Skybox, Denver, CO 80222, or Noah’s Rewards Program/Arbitration, c/o Noah’s New York Bagels Company, 1720 S. Bellaire St. Suite Skybox, Denver, CO 80222.

Your notice must include your name, mailing address, and email address associated with your Brand Programs account(s) with us, state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms, and sign the notice. TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that we receive your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, we will not be bound by them with respect to disputes with you.  If you opt out of this arbitration provision as to one Brand Program, your opt out is as to all Brand Programs.

Class Action Waiver.  To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that, as set forth above, if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases. Otherwise, to the maximum extent permitted by applicable law, you and we will only bring disputes, claims, or controversies against each other in an individual capacity only and shall not:

  • seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
  • consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms.

Severability. If all or any provision of this agreement to arbitrate is found invalid, unenforceable, or illegal, then you and we agree that the provision will be severed, and the rest of this agreement to arbitrate shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and we agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.

Force Majeure.

Sponsors are not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill an award, benefit or points in the Brand Programs in the event any Program or its operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, epidemic, pandemic, public health issue, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not

Law Enforcement/Government Requests.

You agree that nothing contained in these Program Terms prevents Sponsors from complying with law enforcement or governmental requests or requirements relating to your participation in the Brand Programs or information provided to or gathered by any Sponsor with respect to such participation. Sponsors have no obligation to notify you of such a request.

Program Void.

A Brand Program is void where prohibited or restricted by federal, state or local law.

Severability of Unenforceable Terms Outside the Arbitration Agreement.

If any provision of these Program Terms outside the agreement to arbitrate is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Program Terms, which will otherwise remain in full force and effect.

Entire Agreement.

These Program Terms constitute the entire and exclusive agreement between you and Sponsors with respect to the Brand Programs. These Program Terms supersede all prior or contemporaneous communications, agreements, advertising, descriptions, terms and conditions, and proposals, whether electronic, oral, or written, with respect to the Brand Programs or any other version of a member loyalty or rewards program from any Sponsor or any Sponsor’s affiliate. Both you and Sponsors acknowledge that neither you nor any Sponsor has been induced to enter into these Program Terms by any representations or promises not specifically stated in these Program Terms.

Precedence; Waiver; Interpretation.

If and to the extent that there is any conflict among or between any Brand Website (including any Brand Website pages), Brand App (including any Brand App pages) or other Brand Program marketing, promotion, communication or descriptive materials and these Program Terms, the language in these Program Terms will control. A Sponsor’s failure to or decision not to enforce any provision in these Program Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Program Terms will not affect the validity or enforceability of any other provision.