PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN THE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE REWARDS PROGRAM.
(LAST UPDATED September 22, 2023)
These terms (these “Program Terms”) of use are entered into by and between you and Rococo Franchise Corporation (“Rocky Rococo,” “Company,” “we,” or “us”) to govern your access to and use of “Rococo Rewards” (“Rewards Program”), which are operated by Paytronix Systems, Inc. on behalf of Rocky Rococo. In these Program Terms, “you,” “your,” or “member” refer to the person who has successfully registered for a Rewards Program or who is an existing Rewards Program member.
Your registration for the Rewards Program and/or continued membership in a Rewards Program indicates your acceptance of and agreement to all of these Program Terms. Be sure to check these Program Terms located periodically for updates, as your continued membership in the Rewards Program signifies your acceptance of these Program Terms, including any additional terms and conditions that are incorporated herein by reference, as they exist from time to time, including, without limitation, any changed provisions.
You agree Rocky Rococo may change, add, or eliminate any Rewards Program’s rewards or benefits, or participating locations; or change or end any Rewards Program or any feature of Rewards Program; in whole or in part, at any time, and without notice or compensation, even though such actions may affect rewards in the Rewards Program or your participation in the Rewards Program.
You agree that Rocky Rococo 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 rockyrococo.com/rewardsterms
Overview of the Rewards Program
As described below, a Rewards 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 Rocky Rococo locations. Additionally, a Rewards Program offers members various promotional rewards (for example, a birthday reward).
The Rewards Program is only valid at participating Rocky Rococo locations, which may change from time to time in the sole discretion of Rocky Rococo. Non-participating locations include, without limitation, non-participating franchisee locations. The Rewards Program is valid only in the fifty (50) United States and the District of Columbia.
Rewards Program Membership Qualifications; Registration
To be an eligible member in any “Rococo Rewards” Rewards Program, you must be (a) a resident of one of the fifty (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). When registering, you must complete and submit all required registration information. If you have already registered for a Rewards Program and desire to change your Rewards Program account member profile information, visit the website for the Rewards Program (rockyrococo.com/rewards) and make any desired changes. You are responsible for keeping your information current and for keeping your information consistent throughout your Rewards Program account member profile. You are allowed only one Rewards Program account per person.
Your Rewards Program username(s) and password(s) and other account information are for your personal use only. You are responsible for maintaining the security and confidentiality of your Rewards Program username(s) and password(s), Rewards Program account(s) and profile information (including registered email address and phone number), and you agree to be responsible for all activities that occur with any of the foregoing or otherwise in connection with the Program. Neither Rocky Rococo nor their respective service providers are responsible for use of any of the foregoing without your permission.
See additional details about the program in the Rococo Rewards Frequently Asked Questions (FAQ) found at https://rockyrococo.com/rewardsfaq
All Rewards Program Rewards
Subject to these Program Terms, an eligible member whose Rewards Program account is in good standing may earn 3 points per 1 U.S. dollar ($1) spent on eligible purchases at participating locations in the fifty (50) United States and the District of Columbia. Eligible purchases are limited to all in-store transactions and food purchases at rockyrococo.com (excluding past purchases, catering purchases, delivery fees, tips, and purchases of gift cards). Points are earned only on the actual amount paid by a member in an eligible transaction (after any applicable discounts and before taxes). The amount paid will be multiplied by 3. Points are applied only as whole numbers. Partial points will be rounded using the “half round-up method.” Therefore, if the partial point value is less than a half point, it will round down to the nearest whole number. If it is above a half point, it will round up to the nearest whole number. For example, a $1.15 purchase will earn 3 points ($1.15 x 3 = 3.45 points = 3 points) and a $4.99 purchase will earn 15 points ($4.99 x 3 = 14.97 points = 15 points). Points, if previously earned, will be deducted by Rocky Rococo, in its sole discretion, for returns, cancelled orders, chargebacks and other circumstances affecting an applicable transaction. Purchases at nonparticipating locations, taxes and third party sites are not eligible. Points will not be earned on charitable donations. Participating locations are subject to change in Rocky Rococo’s sole discretion without notice.
To earn rewards based on making eligible purchases (“Points Rewards”), you must “check-in” at the point of sale at a participating Rocky Rococo location prior to completing your purchase and or sign-in to your Rewards Program (“Rococo Rewards”) account on the Rocky Rococo mobile app. You may check-in at our locations using the phone number registered to your applicable Rewards Program member account.
You may only redeem welcome rewards, birthday rewards, points rewards and promotional offers (collectively, “Rewards Program Rewards”) at applicable participating Rocky Rococo locations. A Rewards Program Reward may only be redeemed at the applicable location. Only one (1) redemption of a Rewards Program Reward per visit. To redeem a Rewards Program Reward, visit a participating location, “check- in” at the point of sale using your phone number registered to your Rewards Program account or by signing into your Rewards Program account on the Rocky Rococo mobile app or Rewards Program website. Each time you redeem a Rewards Program Reward, Rocky Rococo will remove it from your Rewards Program account. Rewards Program Rewards are subject to change, elimination or substitution at any time at Rocky Rococo’s sole discretion without notice.
Rewards 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 Rewards 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. Redemption of Rewards Program Rewards do not earn Rewards Program points. You are not obligated to accept or redeem any Rewards Program Rewards. Rewards Program Rewards will be deemed forfeited without notice if not used within the allotted time frame. You may check your available Rewards Program Rewards online at the applicable Rewards Program App or website and logging into your Program account. Your Rewards Program Rewards shall be as reflected in Rocky Rococo records, unless you can prove otherwise to the Rocky Rococo’s satisfaction.
Rocky Rococo may conduct test programs from time to time in certain markets which may have additional/different terms than those described in these Program Terms. Rocky Rococo has no obligation to expand or continue any test or the Rewards Program, and may discontinue any Rewards Program at any time. Points and Program Rewards may not be capable of being earned or redeemed if technical difficulties arise. Rocky Rococo has no responsibility to retroactively apply Program points or Rewards Program Rewards. Rocky Rococo or their service providers are not responsible for undeliverable, lost, returned, or misdirected emails or other correspondence, or for use of your Rewards Program accounts or Points Rewards or Rewards Program Rewards issued, without your permission.
Rocky Rococo or their service providers 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 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
If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with certain rights with respect to your data. If you are making an election to either delete your personal information or opt out of sharing/selling your personal information and have a Rewards Program account for any of our brands, your election will affect your Rewards Program account as described below:
Please notify Rocky Rococo immediately at firstname.lastname@example.org of unauthorized use of or lost or stolen Rococo Rewards account information. If you need to update or verify your personal information, or to remove your personal information from an active database (this will be completed as soon as reasonably possible, unless Rocky Rococo needs to retain information for dispute resolution, troubleshooting or other valid legal or business reasons; please note that Rocky Rococo will not remove your historical usage information).
Your Right to Terminate Your Participation in the Program
You may terminate your participation in a Rewards Program by discontinuing checking-in at the applicable Rocky Rococo locations. Your participation in any or all Rewards Program may be terminated by Rocky Rococo in connection with actual or suspected unauthorized or fraudulent use of the Rewards Program: actual or suspected violation of these Program Terms; or actual or suspected conduct by you determined by Rocky Rococo in its/their sole discretion to be incompatible with participation in the Rewards Program(s) offered by Rocky Rococo.
Rocky Rococo Remedies
Rocky Rococo 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 Rewards Program account, as applicable, or terminating your participation in Rewards Program. Rocky Rococo has the right to terminate a Rewards Program account if there is no point accumulation or Point Reward or Program Reward redemption activity in the Rewards Program account for one (1) year.
NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS
ROCKY ROCOCO, 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 REWARDS PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ROCKY ROCOCO DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM OR WEBSITE ACCOUNT INFORMATION WILL ALWAYS BE ACCESSIBLE OR ACCEPTED OR THAT YOUR REWARDS PROGRAM ACCOUNTS WILL ALWAYS BE ACCESSIBLE OR FREE OF VIRUSES OR OTHER HARMFUL CONTENTS. THE REWARDS PROGRAM IS PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS. ROCKY ROCOCO MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE THE REWARDS PROGRAM OR TO CORRECT ANY DEFECTS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
IN THE EVENT THAT ROCKY ROCOCO, 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, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES, AND SUCH DAMAGES SHALL NOT EXCEED $100. ROCKY ROCOCO AND ANY PARENT COMPANIES, 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 REWARDS PROGRAM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF ROCKY ROCOCO OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ROCKY ROCOCO OR THEIR RESPECTIVE AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY OF YOUR REWARDS PROGRAM ACCOUNTS, 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 ROCKY ROCOCO REASONABLE CONTROL.
NO LIABILITY FOR THIRD-PARTY PARTNERS
ROCKY ROCOCO MAY ENGAGE THIRD-PARTY PARTNER COMPANIES TO PROVIDE CERTAIN REWARDS PROGRAM, POINTS REWARDS AND REWARDS PROGRAM REWARDS SERVICES. ROCKY ROCOCO IS NOT RESPONSIBLE, AND ASSUMES NO LIABILITY, FOR THE GOODS AND SERVICES OF SUCH PARTNER COMPANIES (INCLUDING ANY CHANGES TO OR DISCONTINUANCES OF SUCH PARTNER COMPANIES’ GOODS OR SERVICES). NEITHER ROCKY ROCOCO, 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.
Restrictions of State Law
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Program Terms. In any such jurisdiction, Rocky Rococo liability is limited to the greatest extent permitted by law.
By participating in the Program, you agree to release Rocky Rococo and all of their respective affiliates, parent companies, 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 Rewards Program 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 Rewards Program Reward.
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 Wisconsin, without reference to a state’s conflict of law principles.
Changes to these Program Terms
Rocky Rococo may amend or replace these Program Terms at any time and will post the amended or replaced Program Terms to their website(s) at rockyrococo.com. As permitted by applicable law, any amendment or replacement will become effective at the time Rocky Rococo posts the amended or replaced Program Terms to their websites. Your continued participation in any Rewards Program will constitute your acceptance to any amendment to or replacement of these Program Terms.
Rocky Rococo is 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 Rewards Program 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, pandemics, natural phenomenon, 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 specifically mentioned above.
Law Enforcement/Government Requests
You agree that nothing contained in these Program Terms prevents Rocky Rococo from complying with law enforcement or governmental requests or requirements relating to your participation in the Rewards Program or information provided to or gathered by any Rocky Rococo with respect to such participation.
A Rewards Program is void where prohibited or restricted by federal, state or local law. If any provision of these Program Terms 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.
These Program Terms constitute the entire and exclusive agreement between you and Rocky Rococo with respect to the Rewards Program. 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 Rewards Program or any other version of a member loyalty or rewards program from any Rocky Rococo or any Rocky Rococo affiliate. Both you and Rocky Rococo acknowledge that neither you nor any Rocky Rococo 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 Rocky Rococo website (including any Rewards Program webpages), Rocky Rococo App (including any Rewards Program app pages) or other Rewards Program marketing, promotion, communication or descriptive materials and these Program Terms, the language in these Program Terms will control. Rocky Rococo 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.
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