• Eliminate your right to trial by jury; and
• Prevent you from bringing, joining, or participating in any class-action or consolidated-action proceedings.
1. Eligibility: The FVR Program is only available to individual legal residents of the United States and the District of Columbia who are 18 years of age or older when they enroll in the FVR Program. Only one account is allowed per Member and a maximum of four accounts are allowed per household. Each participant in the FVR Program must have his or her own account and accounts may not be used by, shared, sold, assigned or transferred to any individual, except among immediate family members living in the same household.
2. Enrollment: In order to enroll as a “Member” of the FVR Program, you must provide Stonefire Grill, Inc. (“SFG”) with your first and last name, email address, mailing address birthdate, favorite location, and phone number, and a username and password. You are also solely responsible for updating your FVR Program account information so that it is accurate and current, and SFG is not responsible if you do not receive any emails from us because you provided an incorrect email address or failed to update your email address.
3. Earning FVR: Members earn points by making Qualifying Purchases at SFG restaurants. Points are automatically converted to rewards (“FVR”) to be redeemed for food and beverages as described below. Qualifying Purchases include dine-in and takeout food and non-alcoholic beverages. Points will not be earned for any taxes, gratuities, or delivery charges paid, for purchases of gift cards, retail merchandise, or alcoholic beverages, items from the catering menu or for purchases made with FVR. SFG in its sole discretion may also award its FVR Members with discounts, enhanced earning levels, complimentary food items, or other benefits based on a Member’s specific behavior, or as a surprise and delight. FVR and other benefits accumulated under the FVR Program are promotional and have no cash value.
4. “Reward Hurdle”: Members earn 2 points for every $1 spent on Qualifying Purchases. Fractions of one dollar are rounded on a half-to-even basis. Once a Member earns 250 points, the member will earn a $5 Reward. The Reward Hurdle and FVR earnings rate are subject to change at any time in SFG’s sole discretion, with or without direct notice. Any revised Terms and Conditions will be posted on the Sites and effective once posted. In addition, SFG may, in its sole discretion, periodically test different Reward Hurdle, FVR levels or earnings rates, or other benefits in one or more markets with or without notice, and may terminate such test programs with or without notice.
5. Redemption: FVR may be redeemed for dine-in and takeout food and non-alcoholic beverages at SFG Restaurants. Food-related rewards, such as the Birthday Reward and the Free Breadstick reward may only be claimed in a physical location, and not online. They may not be redeemed for cash, used to purchase gift cards, alcoholic beverages, or retail items, or to pay for tax, gratuity, or delivery charges, or on catering orders. FVR may not be redeemed during the same visit on which the Reward Hurdle is reached. FVR are personal to each Member and may not be sold, transferred, assigned, shared, or used for any commercial purpose.
6. Expiration: FVR will expire 90 days after they are earned by reaching a Reward Hurdle. Other benefits or discounts will expire as indicated in the accompanying communication.
7. Maximum Redemption: A maximum of $1,000 in FVR may be redeemed in a one-month period.
8. Discounts: Certain discounts and special purchases cannot be combined with FVR. SFG reserves the right to refuse to permit FVR to be redeemed in connection with discounted items.
9. Sweepstakes, Contests and Other Promotions: The FVR Program may offer sweepstakes, contests or other promotions that may have rules or their own terms and conditions. Members are required to read those rules and terms and conditions, and to agree and accept to be bound by them in order to participate.
10. Lost Rewards Card/Unauthorized Use: Report a lost FVR card or any unauthorized use of your account to SFG at www.stonefiregrill.com/rewards. SFG will not be responsible for FVR or other benefits redeemed by an unauthorized user of the FVR card.
11. Account Closure: A Member’s FVR Program account may be closed by SFG in its sole discretion after 12 months with no activity.
12. Suspension/Termination of Membership: SFG reserves the right in its sole discretion to suspend a Member’s membership in the FVR Program in the event of any suspected misconduct, including suspending the Member’s ability to redeem FVR and/or other benefits earned or received in connection with his/her membership in the FVR Program. If SFG concludes in its sole discretion that the Member has engaged in misconduct or that his/her account has been compromised, it may terminate the Member’s membership, including but not limited to terminating the Member’s ability to redeem FVR and/or other or benefits earned or received in connection with his/her membership in the FVR Program.
13. Modification of Terms and Conditions: SFG reserves the right in its sole discretion to modify at any time these Terms and Conditions. Any such changes are effective immediately upon being posted on any of the Sites and the Member’s continued enrollment in the FVR Program and/or use of the Sites confirms that he/she accepts the changes and agrees to be bound by them.
14. Termination of FVR Program: SFG reserves the right in its sole discretion to terminate or change the FVR Program at any time. If the FVR Program is terminated, Members will no longer earn FVR or receive other benefits associated with the FVR Program. Unless otherwise provided in writing by SFG, any unused reward or other FVR Program benefit will expire upon termination of the FVR Program, and Member’s FVR Program points will be set to zero.
15. Ownership of Site Content: All of the contents of the Sites is owned and copyrighted by SFG and is protected as intellectual or proprietary property. Use of any of the Sites’ content without prior consent by SFG is strictly prohibited.
16. Limitation of Liability and Disclaimer: Members use the Sites at their own risk. SFG is not liable for any direct, indirect, special or other damages or losses that may result from the Member accessing the Sites or using information on the Sites. The Sites and the information included on the Sites are provided by SFG “as is” without any warranty of any kind, either expressed or implied. SFG is not responsible for interrupted or unavailable network server or other connections, miscommunications, computer transmissions or jumbled, scrambled or misdirected transmissions, or for electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer or device related to participating in the FVR Program. SFG’s liability for SFG Rewards or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other FVR or other benefits, while supplies last.
17. Release: Member hereby releases and agrees to indemnify and hold harmless SFG from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the Member’s participation in the FVR Program, or the receipt, use or misuse, of FVR or any other award or benefit.
20. Choice of Law: These Terms and Conditions are governed by and are to be construed in accordance with the laws of the State of California.
21. Please read this section carefully: Disputes to Be Resolved Through Arbitration; Class Action Waiver: Except where prohibited by law and unless the Member opts out in the manner described below, by participating in the FVR Program, the Member agrees that any action arising out of or relating in any way to the FVR Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The American Arbitration Association’s current rules for consumer disputes can be found at https://www.adr.org/Rules. The arbitration shall be held at a location in the state in which the Member lives. The arbitrator’s decision shall be controlled by these Terms and Conditions and any of the other rules referenced herein. Except as expressly authorized by governing law and only to that extent, the arbitrator shall not have the power to award punitive damages against SFG or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only the Member’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or Members who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Members also agree that (a) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; (b) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law; and (c) under no circumstances will Members be permitted, and Members hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum. The arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected.