WINGHOUSE BAR + GRILL LOYALTY REWARDS PROGRAM
Last Modified: October 18, 2018
PLEASE READ THESE WINGHOUSE BAR + GRILL LOYALTY REWARDS PROGRAM TERMS AND CONDITIONS OF USE CAREFULLY (“REWARDS PROGRAM TERMS”). THESE REWARDS PROGRAM TERMS APPLY TO YOUR ACCESS TO, ELIGIBILITY FOR, AND PARTICIPATION IN THE WINGHOUSE BAR + GRILL LOYALTY REWARDS PROGRAM (“REWARDS PROGRAM”). YOU AGREE TO BE BOUND BY THESE REWARDS PROGRAM TERMS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE REWARDS PROGRAM TERMS AND ALL SUCH TERMS AND CONDITIONS INCORPORATED BY REFERENCE, DO NOT PARTICIPATE IN THE REWARDS PROGRAM.
These Rewards Program Terms apply to your access to, eligibility for, and participation in, the Rewards Program, which is offered by Soaring Wings, LLC, a Florida limited liability company, d/b/a WingHouse Bar + Grill (“WingHouse” or “we” or “us” or “our”). Enrollment, membership, and all related benefits of the Rewards Program are offered to you by WingHouse in its sole discretion. This Rewards Program is restricted to participating WingHouse Bar + Grill restaurants (“participating restaurant(s)”) located within the continental 50 United States. Your participation in this Rewards Program is subject to these Rewards Program Terms, including any changes made to these Rewards Program Terms from time to time. The Rewards Program is subject to cancellation or modification at any time, without notice.
B. Eligibility: This Rewards Program is intended for individual use only. Businesses, corporations, joint ventures, partnerships, groups, associations, and other non-personal entities are not eligible to participate in the Rewards Program. The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of twenty-one (21). To be eligible to participate in the Rewards Program, at the time of enrollment, you must be at least twenty-one (21) years of age, and you must have a valid telephone number and email address (“Eligible Guest(s)”).
C. Enrollment: To participate in and become a “Member” of the Rewards Program, Eligible Guests must enroll in the Rewards Program by setting up an account at https://winghouse.com/wh-rewards/ (“account(s)”). There are no membership fees associated with the Rewards Program. When you set up an account you will be required to choose a username and password, complete all required information, and accept these Rewards Program Terms. In order to complete enrollment in the Rewards Program, Eligible Guests (1) are required to provide the following information: full name, birthday, telephone number, email address, and favorite store; and (2) may also provide marketing preferences and a valid physical mailing address in the United States (“account information”). All account information provided by you must be complete and accurate. It is the Member’s responsibility to promptly update their account information with any changes. An individual can only have one (1) account. Two or more Members cannot combine or merge accounts for any reason. Your account is personal to you and may not be sold, transferred or assigned to, or shared with, family, friends, or others, or used by you for any commercial purpose. If you have previously enrolled in the Rewards Program and your account is currently suspended or has been terminated by WingHouse pursuant to the “Suspension and Termination of Membership” section below you cannot re-enroll by creating a new account. However, you may re-enroll and create a new account if your account was closed pursuant to the “Account Closure” section below. Please see the “Suspension and Termination of Membership” and “Account Closure” sections below for more information. WingHouse reserves the right at any time to limit Rewards Program enrollment or to establish different rules for Rewards Program participation.
D. Rewards Card: Members may receive a physical Rewards Program card (“Rewards Card”) by opting to receive a physical Rewards Card from a participating WingHouse Bar + Grill location, while supplies last. Members enrolling online for the first time will not receive a physical Rewards Card. WingHouse Bar + Grill will not be able to send you a physical Rewards Card. WingHouse reserves the right, at any time and in its sole discretion, to deny a Member’s request for a physical Rewards Card. The Rewards Card has no cash value, is not a gift card or credit card, and is not valid if obtained from unauthorized parties.
E. Confidentiality: The Member is responsible for maintaining the confidentiality of his or her account and account information. As a Member, you are responsible for all activities that occur under your account or by using your account information to access your account. If you believe your account or your account information has been compromised, you are responsible for taking immediate action to remove any credit card or other payment information associated with your account. You may contact the WingHouse Support Center using the contact information provided in the “Contact Information” section below to report any unauthorized access of your account or your Rewards Card, however, WingHouse is not responsible for any such unauthorized access or use.
F. Earning Rewards: The Rewards Program allows you to earn rewards on qualifying purchases at participating restaurants (“Reward Point(s)”). You will earn one (1) Reward Point for every one U.S. Dollar ($1.00) you spend on food, beverages, and merchandise (“qualifying purchase”). Reward Points will not be earned for any taxes, gratuities, donations, fees or delivery charges paid, or for the purchase of gift cards, or for purchases made using WingHouse Bar + Grill gift cards. In order for the Member to earn Reward Points, the Member’s phone number or email address tied to the Member’s account or the Member’s Rewards Card must be presented at the time the qualifying purchase is made. Reward Points are not earned for any transaction or purchase made through our Websites, or made through a third-party service provider, including without limitation online ordering and delivery services. Generally, Reward Points for qualifying purchases from participating restaurants are automatically added to your account within twenty-four (24) hours. The amount of the qualifying purchase equals the amount paid for food, beverages, and merchandise after application of any applicable discounts. Every time a Member’s account reaches one hundred (100) Reward Points, the Reward Points will automatically convert to one (1) reward valued at ten U.S. Dollars ($10.00) (“Reward(s)”). There is no limit on the number of Reward Points or Rewards that a Member can earn or redeem during the effective dates of the Rewards Program, provided that Reward Points expire if a Member does not earn any additional Reward Points by making an eligible purchase within a six (6) month period of earning the Reward Points. A Member can view the amount of Reward Points earned by logging into his or her account.Rewards Points may not be earned if unexpected technical difficulties arise at the point of sale. WingHouse reserves the right to change the earnings structure at any time, with or without notice.
G. Redemption: Your Rewards may be redeemed for food and beverage at any participating restaurant. We do not issue Reward Points on Rewards when they are redeemed. Rewards may not be redeemed if unexpected technical difficulties arise at the point of sale. Rewards may not be redeemed for any online order or delivery, whether through www.winghouse.comor any third-party service provider website. Rewards may not be redeemed for purchases of gift cards, tax, gratuity, cash, any cash equivalent, or delivery charges. Rewards may not be combined with other coupons. Rewards are personal to each Member and may not be sold, transferred, assigned, or used for any commercial purpose. A Member can view his or her account status and amount of Rewards available for redemption by logging into his or her account at winghouserewards.myguestaccount.com/guest/accountlogin
H. Expiration of Rewards: Each Reward expires ninety (90) days from the day it is automatically converted upon the Member earning one hundred (100) Reward Points. Other rewards and benefits may expire as indicated on the Reward. Expired Rewards, or other expired rewards and benefits, will not be replaced and will not be re-credited to a Member’s account.
I. Rewards Program Communication: By enrolling in the Rewards Program, the Member is opting-in to receive Rewards Program communications sent by email. Members may opt-out of receiving electronic communications containing Rewards Program and marketing messages by following the instructions or links contained in the electronic communication to unsubscribe. By opting-out of electronic communications containing Rewards Program and marketing messages, you are not opting-out of receiving other electronic communications from WingHouse that you may receive by being a member of the WingHouse Email Club (the Wingston Club), or as a result of a product purchase, product service experience, or other transactions. By unsubscribing from electronic communications containing Rewards Program and marketing messages, the Member acknowledges that he or she will not be sent pertinent information, or any other information, regarding his or her Rewards Program account. WingHouse is not responsible for undeliverable, lost, returned, or misdirected emails or other correspondence related to your account.
J. Lost Rewards Card: Report a lost or stolen Rewards Card to the WingHouse Support Center using the contact information provided in the “Contact Information” section below. WingHouse is not responsible for the unauthorized use of any Member’s Rewards Card or account or for Rewards redeemed by an unauthorized user of any Member’s Rewards Card or account. WingHouse reserves the right, in its sole discretion, to close the account associated with any lost or stolen Rewards Card. Please see the “Account Closure” section below for more information.
K. Suspension and Termination of Membership: WingHouse does not represent or warrant that your account will always be accessible or accepted. Without notice to you, WingHouse reserves the right to suspend or terminate your account and your participation in the Rewards Program for any reason in its sole discretion, including without limitation if WingHouse determines that you have violated these Rewards Program Terms or other applicable WingHouse Bar + Grill terms and conditions and policies, that you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent, or otherwise unlawful. WingHouse may, in its sole discretion, suspend or terminate accounts that appear to be inactive, and suspend, terminate or combine accounts that appear to be duplicative. If an account is suspended or terminated, Reward Points, Rewards, and other rewards and benefits earned through the account, are also suspended and/or terminated without remedy. If your account is currently suspended or has been terminated by WingHouse pursuant to this section you cannot re-enroll in the Rewards Program by creating a new account.
L. Account Closure: A Member’s account may be closed by WingHouse in its sole discretion if the account has been inactive for twelve (12) months. Inactive means that the Member has not made any qualifying purchases, has not earned any Rewards Points, or has not logged into his or her account. A Member’s account may also be closed by WingHouse, in its sole discretion, if the Member’s Rewards Card is lost or stolen. In the event that your account is rendered inactive or closed, all accumulated Reward Points, Rewards, and other rewards and benefits earned through your account will be void without remedy. If a Member’s account is closed due to inactivity or due to a lost or stolen Rewards Card, the Member may re-enroll in the Rewards Program and open a new account.
M. Termination of Rewards Program: WingHouse reserves the right in its sole discretion to terminate the Rewards Program at any time. If the Rewards Program is terminated, Members will no longer earn Reward Points, Rewards, or any other rewards or benefits. Rewards that are not redeemed as of the date of termination of the Rewards Program will be void, without remedy, and will no longer be redeemable.
N. Modification of Terms and Conditions: WingHouse reserves the right in its sole discretion to modify these Rewards Program Terms and Conditions at any time and from time to time. Any such changes are effective immediately upon being posted at www.winghouse.com or by sending you an email advising you of the new or different Rewards Program Terms. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for your account. The Member’s continued participation in the Rewards Program after such notice will constitute the Member’s acceptance of new or different Rewards Program Terms. You are responsible for periodically checking www.winghouse.com to review the most current Rewards Program Terms to which you are bound.
Q. Limitations of Liability: IN NO EVENT WILL WINGHOUSE AND ITS RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, FRANCHISEES, REWARDS PROGRAM AFFILIATES, SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “LOSSES AND DAMAGES”), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO: (I) THESE REWARDS PROGRAM TERMS; (II) THE REWARDS PROGRAM; (III) THE WEBSITES; (IV) ANY FAILURE, DELAY OR DECISION BY WINGHOUSE IN ADMINISTERING THE REWARDS PROGRAM; (V) ANY UNAUTHORIZED USE OF AN ACCOUNT OR ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; (VI) ANY OFFER, REPRESENTATION, STATEMENT, OR CLAIM ABOUT THE REWARDS PROGRAM MADE BY ANY RELEASED PARTY OR ANY OTHER PERSON OR ENTITY; OR (VII) THE PURCHASE, REDEMPTION FOR OR USE OF ANY REWARDS WHETHER MADE AVAILABLE BY WINGHOUSE, ONE OF THE RELEASED PARTIES OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis, even if we, or our affiliates, or our or their representatives, have been advised of or should have known of the possibility of such Losses and Damages, and without regard to the success or effectiveness of other remedies.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
R. Governing Law and Jurisdiction: All matters relating to these Rewards Program Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any legal suit, action, or proceeding arising out of, or related to, these Rewards Program Terms shall be instituted in accordance with the provisions relating the Arbitration of such claims found below.
S. Arbitration: YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND WINGHOUSE, (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE REWARDS PROGRAM, YOUR PARTICIPATION IN THE REWARDS PROGRAM AND/OR OR ANY REWARD POINTS, REWARDS, OR OTHER REWARDS PROGRAM BENEFITS EARNED OR OBTAINED THROUGH THE REWARDS PROGRAM, OR THESE REWARDS PROGRAM TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE REWARDS PROGRAM PROVIDED BY WINGHOUSE CONCERNS INTERSTATE COMMERCE, THE UNITED STATES FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. ARBITRATION SHALL TAKE PLACE IN TAMPA, FLORIDA. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND WINGHOUSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR WINGHOUSE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER REWARDS PROGRAM MEMBERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
T. Waiver and Severability: No waiver by WingHouse, or any of its affiliates or subsidiaries, of any term or condition set forth in these Rewards Program Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WingHouse, or any of its affiliates or subsidiaries, to assert a right or provision under these Rewards Program Terms shall not constitute a waiver of such right or provision. If any term or provision of these Rewards Program Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Rewards Program Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
U. Entire Agreement: The Rewards Program Terms and all incorporated policies and terms and conditions constitute the sole and entire agreement between you and WingHouse with respect to the Rewards Program and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Rewards Program.
V. Contact Information: To ask questions or comment about the Rewards Program or the Rewards Program Terms, contact us at:
WingHouse Support Center
7491 Ulmerton Road, Suite B
Largo, FL 33771
Phone Number: 727-535-2939