Flame Broiler’s Magic Rewards Program (“Program” or “Loyalty Program”) is a promotional program offered by Flame Broiler. Under the Program, you can earn Points (as hereafter defined) by making qualifying purchases via the methods specified by Flame Broiler (in Flame Broiler’s discretion from time to time) at participating Flame Broiler restaurants and for Mobile App (or any other check-in method offered by Flame Broiler from time to time) for such purchase (collectively, a “Qualifying Purchase”). You can use these Points to obtain reward items selected by Flame Broiler at its sole discretion (referred to generally as “Reward(s)”). Below is a detailed description of the Program and the terms and conditions that apply to your participation in the Program (the “Program Terms”). Please note that by using the App or otherwise participating in the Program, you are agreeing to be bound by the terms and conditions of all products and services provided by Flame Broiler, including, without limitation, all Program Terms. The Program shall be included in the definition of the “Platform” hereunder.
You should not rely upon the continued availability of the Program or any Points accumulated in connection therewith.
THE PROGRAM IS VOID WHERE PROHIBITED. FLAME BROILER RESERVES THE RIGHT TO MODIFY OR TERMINATE THE LOYALTY PROGRAM IN ANY MANNER, IN WHOLE OR PART, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE POINTS AND/OR REWARDS ALREADY ACCUMULATED. BY ACCEPTING THESE TERMS BY CONTINUING TO USE THE PROGRAM AND THE PLATFORM, YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.
Changes to the Program; Program Termination
Flame Broiler may modify, restrict, or change the Program and/or the Program structure at any time, which changes may include, but are not limited to, changing the number of Points you may earn for a particular type of activity or the number of Points needed to reach a particular Tier Level (as described below) or to redeem a particular Reward, the method by which you can record your Qualifying Purchases, the types of Rewards available, omitting or adding Reward levels or categories, imposing, increasing, or eliminating points caps or imposing Program fees, or changing the conditions under which Points or Rewards expire or are forfeited.
Flame Broiler reserves the right to suspend or terminate the Program at any time. You must redeem and use all Points and Rewards before expiration, or the effective date of termination, or those unused Points/Rewards shall be forfeited. Points earned through prior loyalty programs that have been terminated will not be honored. No extensions, cash refunds, or other exchanges will be allowed for expired rewards Points.
Eligibility
Participation in the Program is open to legal residents of the fifty (50) United States and the District of Columbia, who are age eighteen (18) years of age or older, and who have created a Flame Broiler account, all at the time of purchase. The Program is not targeted towards and is not intended for use by anyone under the age of 18.
Participation
Except as otherwise communicated by Flame Broiler from time to time, to participate in the Program, you must have the Flame Broiler Mobile App and a Flame Broiler online ordering account (you can create one for free using the Mobile App or on flamebroilerusa.com ) (“Account”). Limit: one (1) Account per person/email address, regardless of whether more than one person uses the same email address. Flame Broiler may revise the methods in which a consumer can create an Account at any time. During the term of the Program (as determined by Flame Broiler in Flame Broiler’s sole discretion), when you log into your Account, you will be enrolled in the Program and your loyalty account (“Loyalty Account”) will automatically be established. You acknowledge and agree that Flame Broiler may send you information and notices regarding your Loyalty Account and the Program by email, push notification, or other means based on the information you provide to Flame Broiler. You acknowledge and agree that Flame Broiler shall have no liability associated with or arising from your failure to maintain accurate Account information, including, but not limited to, your failure to receive critical information about the Program.
Earning Points
Designated qualifying food and beverages purchases made through your Account on the Mobile App or Online Ordering at participating Flame Broiler locations through the designated method may be deemed “Qualifying Purchases” and eligible for the accrual of Program points (“Points”). At any time, Flame Broiler may add, eliminate, or otherwise change the methods of pickup that qualify as “Qualifying Purchases.” No partial Points will be awarded. For the avoidance of doubt, taxes and purchases of merchandise, gratuity, tax, alcohol, charity donations, gift cards, and delivery orders not placed on the Mobile App or flamebroilerusa.com will not constitute Qualifying Purchases hereunder unless otherwise expressly designated by Flame Broiler.
Once you complete your Program enrollment, you will start earning Points for Qualifying Purchases. After you check-in for a Qualifying Purchase, please allow up to forty-eight (48) hours for Points to be deposited into your Loyalty Account. Flame Broiler will not be liable for any failure to credit Points in a timely manner.
For eligible Mobile App users with Accounts established prior to the start of the Program, you will earn Points for your Qualifying Purchases beginning on the date that the Program is first available to you in your Mobile App once you have agreed to the Program Terms. For eligible flamebroilerusa.com users with Accounts, you will earn Points for your Qualifying Purchases once you enroll in the Program and make a Qualifying Purchase and agree to the Program Terms. Purchases made before such date shall not constitute Qualifying Purchases. Purchases made before you agree to the Program Terms shall not constitute Qualifying Purchases. You will earn the number of Points for each Qualifying Purchase as set forth at https://flamebroilerusa.com/rewards/ , which is subject to change from time to time in Flame Broiler’s sole discretion. Total Point accruals may only be accessible via the Mobile App.
Flame Broiler allows the earning of Points by making Qualifying Purchases through online ordering or Mobile App at participating Flame Broiler restaurants (each, a “Participating Restaurant”). Participating Restaurants are subject to change in Flame Broiler’s discretion. To earn Points on online ordering or Mobile App purchase: (i) create a Magic Rewards account; and (ii) sign into your account before making a purchase online or in Mobile App.
If Flame Broiler believes you have provided fraudulent, duplicitous, or unlawful information, it reserves the right to remove any such Points or Rewards from your Account and/or disqualify you from the Program.
From time to time, Flame Broiler, or others acting with Flame Broiler’s permission, may award additional Points for certain types of Qualifying Purchases or for other reasons for a limited period of time (“Bonus Points”). Bonus Points will contribute towards reaching the Tier Level (as hereafter defined), but Bonus Points may not otherwise qualify for certain Rewards in Flame Broiler’s discretion. In such instances, Bonus Points will be awarded/redeemed as described in their promotional offer and will be subject to any additional terms set forth in such promotional offer.
If at any time your Account is not in good standing, no additional Points may accrue with respect to any Qualifying Purchase you make until your Account returns to good standing. Points have no cash or other value and may be used only to obtain Rewards in the Program. Points accrued in your Loyalty Account do not constitute your property and do not entitle a participant to a vested right or interest. Points may be revoked, cancelled, limited, or modified at any time, even though such action may affect your right to use previously accumulated Points. You may not purchase Points or transfer Points from one Loyalty Account to another Loyalty Account. You also may not transfer or sell any Points or your Loyalty Account. Flame Broiler is not liable for Points that are lost, suspended, delayed, uncredited, or revoked due to suspected or actual fraudulent, unauthorized, illegitimate, or other unacceptable use.
Tier Levels
From time to time, Flame Broiler may establish various tier levels in connection with the Program (“Tier Levels”). Except as otherwise determined by Flame Broiler in Flame Broiler’s sole discretion, if such Tier Levels are established, each Loyalty Account’s Tier Level is set for a calendar year; at the end of each calendar year (unless you have qualified for a heightened Tier Level for the upcoming year), your Account may be reset to the entry Tier Level. Your Tier Level will be determined by your previous calendar year’s Point accumulation. Any Tier Levels established are subject to change and Flame Broiler may increase or decrease the number of Tier Levels and the Points and Rewards that can be earned in each Tier Level, all in its sole discretion. If you earn enough Points to qualify for the next Tier Level, you may be elevated to the next Tier Level for the remainder of the current year and will be elevated for the next calendar year. When you join the Program, your starting Tier Level will be determined by Flame Broiler, in its sole discretion.
Points Expiration/Forfeiture
All Points will expire at the expiration date set by Flame Broiler. Your Points will be forfeited if your Account or Loyalty Account is terminated and/or deleted by you or by Flame Broiler. You may not be provided with notice of expiration or forfeiture of Points. You are not entitled to compensation from Flame Broiler or from any other entity if your Points expire or are forfeited for any reason.
Rewards and Reward Expiration
The selection of available Reward items is determined by Flame Broiler and the selection and/or the number of Points needed to earn the Rewards may change from time to time without notice to you. All Rewards are subject to availability and must be redeemed in a US store. Points are only redeemable for Rewards. Your Rewards will be forfeited if your Account or Loyalty Account is terminated and/or deleted by you or by Flame Broiler.
For instructions on how to redeem your Reward, read the Frequently Asked Questions available at https://flamebroilerusa.com/rewards/ . Limit: One (1) Reward per transaction. Except as otherwise designated by Flame Broiler, you may not combine Reward redemption with any other offers. From time to time, Flame Broiler may limit the amount of Rewards you can redeem within a specified time period. Rewards and Points are not transferrable, non-divisible, and may not be combined with other Loyalty Program’s accounts. Offline redemption is not currently available; currently, the only way to redeem Points and Rewards is via the Mobile App.
Each Reward may be subject to terms and conditions specific to the Reward. You will be responsible for any cost(s) associated with any customizations, additions, or changes you make to a Reward item, including any sales tax on such changes. Unless otherwise indicated, Rewards earned through Qualifying Purchases must be redeemed within thirty (30) days of being posted to a Loyalty Account or they will be forfeited. Please see each Reward’s expiration date in the Mobile App. Rewards earned or obtained through other methods may have different eligible redemption periods or criteria as may be communicated by Flame Broiler from time to time in Flame Broiler’s sole discretion. Flame Broiler is not liable to you if a Reward expires prior to your use of the Reward. An expired Reward will no longer be available for use or redemption. You can only acquire Rewards to the extent that you have the required number of Points in your Loyalty Account or to the extent Flame Broiler elects to offer any other Reward method. You cannot combine Points in one Loyalty Account with Points in other Loyalty Accounts. Once a redemption order is placed or the Reward expires, your Loyalty Account will show a deduction of the Reward. Rewards are subject to availability at participating Flame Broilers in the fifty (50) US and D.C.
Miscellaneous Loyalty Program Details
You can view certain Loyalty Account activity on the Mobile App and only on the Mobile App. If your password or other proprietary information about your Loyalty Account is lost or stolen, please contact https://flamebroilerusa.com/contact/ Flame Broiler is not responsible or liable for any Points or Rewards redeemed or used on your Loyalty Account through a lost or stolen password. If you have a problem or question regarding the Program or your Loyalty Account, contact us at https://flamebroilerusa.com/contact/
These Program Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Program Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. We reserve the right to terminate your access to and ability to participate in the Program (or any portion thereof), deactivate your Account, your Loyalty Account, and/or immediately invalidate all or any portion of your Points for any reason and at any time in Flame Broiler’s sole discretion, including (without limitation) in the event of fraud, a violation of these Program Terms, or other acts/omissions that Flame Broiler deems unacceptable (with or without notice). These rights are in addition to any other legal or equitable remedy that may be available to Flame Broiler under applicable law.