SPRING CREEK ‘QUE REWARDS — TERMS AND CONDITIONS

(LAST UPDATED JUNE 27, 2023)

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A SPRING CREEK BARBEQ ‘QUE REWARDS LOYALTY ACCOUNT OR OTHERWISE PARTICIPATING IN A SPRING CREEK BARBEQUE ‘QUE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN ANY SPRING CREEK BARBEQUE ‘QUE REWARDS PROGRAM.    

GENERAL APPLICATION OF TERMS; PRIVACY

These Terms and Conditions (the “Spring Creek Barbeque ‘Que Rewards Terms”) apply to any access to and/or participation in the Spring Creek Barbeque ‘Que rewards programs (“Spring Creek Barbeque ‘Que Rewards”).  These Spring Creek Barbeque ‘Que Rewards Terms do not otherwise alter the terms or conditions of any other agreement you may have with Spring Creek Barbeque ‘Que for other products and services, or the terms or conditions of any other promotional offers or programs conducted by Spring Creek Barbeque ‘Que outside the context of Spring Creek Barbeque ‘Que Rewards. Information collected in connection with Spring Creek Barbeque ‘Que Rewards is governed by the Spring Creek Barbeque ‘Que Privacy Policy.  Please read the Spring Creek Barbeque ‘Que Privacy Policy at privacy-policy carefully to understand how Spring Creek Barbeque ‘Que collects, uses and discloses information about customers and how to update or change your personal information and/or the ways Spring Creek Barbeque ‘Que communicates with you.

ELIGIBILITY

Spring Creek Barbeque ‘Que Rewards is open to legal residents of the 50 United States of America and Washington, D.C. who are 16 years of age or older.  Spring Creek Barbeque ‘Que Rewards and earned loyalty points are intended for personal use only. Commercial use is prohibited. Spring Creek Barbeque ‘Que Rewards are not targeted toward, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, you may participate in Spring Creek Barbeque ‘Que Rewards only with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Spring Creek Barbeque ‘Que Rewards Terms.

HOW SPRING CREEK BARBEQUE ‘QUE REWARDS WORKS

Participants in Spring Creek Barbeque ‘Que Rewards may accumulate loyalty “points” that entitle the participant to Spring Creek Barbeque ‘Que Rewards benefits, or “Rewards," at all Spring Creek Barbeque locations. Redemption of Rewards is subject to availability, and Rewards may not be redeemed in combination with other promotions, special offers, discounts or coupons unless specifically allowed by the terms of a specific promotion. Loyalty points are awarded with each qualifying purchase in relation to the amount spent at Spring Creek Barbeque restaurants. Purchases begin accumulating points upon the first presentation of a Spring Creek Barbeque ‘Que Rewards account at the time of a qualifying purchase.

HOW TO ENROLL

To enroll in Spring Creek Barbeque ‘Que Rewards and begin accumulating points: (i) participants who have not created an account through the website located www.springcreekbarbeque.com/rewards or the Spring Creek Barbeque mobile ordering app, must first create an account and agree to participate in Spring Creek Barbeque ‘Que Rewards, which may at the participant’s option include opting-in to receive marketing communications from Spring Creek Barbeque via e-mail or SMS or other text message communication.  Participants are not required to opt-in to receive text messages or marketing communications via SMS in order to participate in Spring Creek Barbeque ‘Que Rewards or as a condition of purchasing any goods or services; however, Spring Creek Barbeque reserves the right to award certain rewards pursuant to electing to opting-in to marketing communication.  Participants who elect to opt-in acknowledge that Spring Creek Barbeque or its designee may send them commercial text messages using automated technology. Participants who elect to opt-in consent and agree to that type of contact.  Wireless service providers may charge participants for each text message, including any error message, that is sent and received in connection with Spring Creek Barbeque ‘Que Rewards.  Participants should consult their wireless service provider’s pricing plan for details.  Participants can opt out at any time.

Registration may require you to provide your first name, last name, password, email address (required in order to receive all eligible Rewards), mobile telephone number, and marketing preferences, and you may also elect to provide other information, including your birthday.

You may have only one Spring Creek Barbeque ‘Que Rewards account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by Spring Creek Barbeque in its sole discretion.

ACCUMULATING POINTS

You may accumulate points for any qualifying purchase made on and after your date of enrollment in Spring Creek Barbeque ‘Que Rewards.  To receive credit for a qualifying purchase and accumulate points, you must present your digital Spring Creek Barbeque ‘Que Rewards account (i) at the point-of-sale at a participating U.S. Spring Creek Barbeque restaurant at the time of payment for a qualifying purchase transaction, or (ii) provided you are logged in to your account, at the time you place an order for a qualifying purchase (including a qualifying catering order) at order.springcreekbarbeque.com or via the Spring Creek Barbeque ‘Que mobile ordering app.  Points will not be awarded for purchases at  order.springcreekbarbeque.com if you order or check out as a guest and not via your Spring Creek Barbeque ‘Que Rewards account.  Spring Creek Barbeque ‘Que reserves the right to retroactively award points not meeting these conditions in its sole discretion and only upon provision of a valid receipt by you regarding such purchase; however, points will not be awarded for (i) purchases occurring prior to your enrollment in Spring Creek Barbeque ‘Que Rewards; or (ii) purchases made more than thirty (30) days prior to a request made to Spring Creek Barbeque ‘Que for such credit.  

In order to accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, or with a valid Spring Creek Barbeque gift card; purchases using other currency or promotional offers will accrue points only for the amounts, if any, paid in cash. Qualifying orders must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate points. Each Spring Creek Barbeque ‘Que Rewards participant account is limited to three qualifying purchases per day. Purchases of multiple menu items in a single transaction, may count as no more than one qualifying purchase.

Some exclusions apply. For example, purchases of alcoholic beverages or Spring Creek Barbeque gift cards (including activations or reloads) do not accumulate points. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees, and recycling deposits, will also be excluded from a purchase total when computing qualifying purchases. Purchases at Mexican Inn Café, Shady Oak Barbeque and Grill, or other restaurant concepts in which Spring Creek Barbeque has an interest, will not qualify toward accumulation of points, regardless of whether a Spring Creek Barbeque ‘Que Rewards account is presented at the time of purchase.

If you void or cancel a qualifying purchase credited toward accumulation of points, Spring Creek Barbeque ‘Que reserves the right to deduct the points associated with that purchase from your account.

REWARDS

Once a Spring Creek Barbeque ‘Que Rewards participant accumulates the number of points needed to earn a Reward, the participant may choose to redeem their ‘Que Reward Dollars or accumulate them.  Once the ‘Que rewards dollars are added to the participants account, their account will be deducted for the number of points needed to achieve that reward.   ‘Que Rewards Dollars never expire and may be redeemed at any Spring Creek Barbeque location.

Rewards that consist of Spring Creek Barbeque menu items are valid at all Spring Creek Barbeque restaurants, subject to availability. Spring Creek Barbeque ‘Que may offer participants various other opportunities to use or redeem their points.

BOGO (Buy One Get One) rewards may be added to participants accounts who have opted-in to marketing emails.  Redemption of a BOGO reward will require the purchase of one meal (excluding child plates, poundage, a la carte sides, desserts, and drinks) and one drink then the participant will receive a complimentary meal of equal or lesser value.

Redemption of Rewards is subject to availability of the selected Rewards at the time of redemption. A digital Reward coupon associated with a valid Spring Creek Barbeque ‘Que Rewards account will be required to redeem any Reward.

Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in conjunction with the opportunity to redeem points for such Rewards, or added to these Spring Creek Barbeque ‘Que Rewards Terms from time to time.

Birthday rewards are awarded on the first of the month listed as the participant’s birthday upon enrollment into the Spring Creek Barbeque ‘Que Rewards program, and will expire on the last day of that same month.  In the instance that participant enrolls into the Spring Creek Barbeque ‘Que Rewards program during the month listed as the participant’s birthday month during their enrollment, then the birthday reward will be awarded on the first of the next month and expire on the last day of that month.

For all accounts registered on or after January 22nd, 2024, to be eligible for the birthday and anniversary rewards, you must spend at least $20 (pre-tax) at any of our Spring Creek Barbeque locations under your loyalty account.  (Gift cards excluded).  This requirement applies only for birthday and anniversary rewards and is a one-time spend of at least $20 (pre-tax and excluding gift cards) for the life of your account.

Anniversary rewards are awarded on the first day of the month of the annual anniversary of the participant’s enrollment into Spring Creek Barbeque ‘Que Rewards.

TRACKING YOUR ACCOUNT

Spring Creek Barbeque ‘Que Rewards participants can view and track qualifying purchases and available Rewards by logging into participant’s account at querewards.myguestaccount.com/guest/accountlogin or via the Spring Creek Barbeque mobile ordering app. Spring Creek Barbeque reserves the right to change the number of points required to earn Rewards and/or the benefits associated with one or more Rewards in its sole discretion at any time. 

SPECIAL OFFERS

Spring Creek Barbeque ‘Que may from time to time in its sole discretion and make available to participants in Spring Creek Barbeque ‘Que Rewards the opportunity to earn additional points, and/or achievement “badges” or other program features, through special offers, challenges, bonuses or other promotions. The terms, conditions, and benefits applicable to any such special offers will be determined by Spring Creek Barbeque ‘Que in its sole discretion and communicated to participants in conjunction with any such offers. Because any terms and conditions associated with any special offers under Spring Creek Barbeque ‘Que Rewards may be different from or in addition to provisions of these Spring Creek Barbeque ‘Que Rewards Terms, you should read any such special offer terms and conditions carefully before participating in any special offer.

LIMITATIONS, RESTRICTIONS AND OTHER TERMS

Your digital Spring Creek Barbeque ‘Que Rewards card, ID number, scannable code or other identifier associated with the Spring Creek Barbeque ‘Que Rewards account and any accumulated Rewards are 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. You may have only one Spring Creek Barbeque ‘Que Rewards account.

Spring Creek Barbeque’s determinations of participant eligibility or any questions or disputes arising under the Spring Creek Barbeque ‘Que Rewards Program, these Spring Creek Barbeque ‘Que Rewards Terms or any other Spring Creek Barbeque ‘Que Rewards program rules or restrictions shall be final and binding and not subject to challenge or appeal. Other than as set forth in the Dispute Resolution section of these Spring Creek Barbeque ‘Que Rewards Terms, nothing in these Spring Creek Barbeque ‘Que Rewards Terms will limit Spring Creek Barbeque from exercising any legal or equitable rights or remedies that it may have.

Without notice to you, Spring Creek Barbeque reserves the right to suspend and/or terminate any Spring Creek Barbeque ‘Que Rewards account and/or your participation in Spring Creek Barbeque ‘Que Rewards if Spring Creek Barbeque determines in its sole discretion that you have violated these Spring Creek Barbeque ‘Que Rewards Terms, you have more than one Spring Creek Barbeque ‘Que Rewards account, or that the use of your Spring Creek Barbeque ‘Que Rewards account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Spring Creek Barbeque ‘Que Rewards Terms. Spring Creek Barbeque may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Spring Creek Barbeque ‘Que Rewards is terminated, then all accumulated points and Rewards in your account are void.

There are no membership fees associated with Spring Creek Barbeque ‘Que Rewards, although use of online services in conjunction with participation in Spring Creek Barbeque ‘Que Rewards programs may result in data charges, internet access fees or similar expenses. Points, Rewards, account status and other benefits accumulated under the Spring Creek Barbeque ‘Que Rewards program have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards used or obtained in this manner by any person or entity may be confiscated or cancelled.

There may be a limited number of a particular Rewards available, and those Rewards will be delivered on a first-come, first-served basis. Spring Creek Barbeque reserves the right to modify, amend or revise the Rewards that are made available. Participants may not rely on the continued availability of a particular Reward. The number of points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Spring Creek Barbeque or the third party supplying the Reward. Physical Rewards will be shipped only to the United States address provided by the participant in his or her account and will not be shipped to any other person or address.  Spring Creek Barbeque reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Rewards will be fulfilled within six to eight weeks from date of redemption.  Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Spring Creek Barbeque ‘Que Rewards materials are for illustrative purposes only.  The actual Reward may vary from the Reward pictured.

Spring Creek Barbeque is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in Spring Creek Barbeque ‘Que Rewards. If, for any reason, the Spring Creek Barbeque ‘Que Rewards program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Spring Creek Barbeque ‘Que which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Spring Creek Barbeque ‘Que Rewards program, Spring Creek Barbeque reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Spring Creek Barbeque ‘Que Rewards program or otherwise respond to the circumstances as Spring Creek Barbeque ‘Que deems appropriate.

CHANGES TO SPRING CREEK BARBEQUE ‘QUE REWARDS

Spring Creek Barbeque ‘Que reserves the right to change, update and/or discontinue, in whole or in part, Spring Creek Barbeque ‘Que Rewards or any portion of the program, all or any portion of these Spring Creek Barbeque ‘Que Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Spring Creek Barbeque ‘Que Rewards, at any time in its sole discretion and without advance notice to you or any other participants. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify the Spring Creek Barbeque ‘Que Rewards Terms, we will revise the “last updated” date located at the top of these Spring Creek Barbeque ‘Que Rewards Terms. If you continue to participate in the Spring Creek Barbeque ‘Que Rewards program by earning points, redeeming points, logging into your account or otherwise participating in the program in any way after a change to these Spring Creek Barbeque ‘Que Rewards Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes; therefore, you should review these Spring Creek Barbeque ‘Que Rewards Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to Spring Creek Barbeque ‘Que Rewards. If you do not agree to the Spring Creek Barbeque ‘Que Rewards Terms, you must stop participating in Spring Creek Barbeque ‘Que Rewards.

DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) you may have at law or in equity against Spring Creek Barbeque, or affiliated entities, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “Spring Creek Barbeque ‘Que Rewards Entities”) arising in whole or in part out of or relating in any way to Spring Creek Barbeque ‘Que Rewards, points or any Reward, transactions that result in the earning or redemption of Spring Creek Barbeque ‘Que Rewards points, your participation in any Spring Creek Barbeque ‘Que Rewards program, these Spring Creek Barbeque ‘Que Rewards Terms or the scope or applicability of this agreement to arbitrate (each, a “Spring Creek Barbeque ‘Que Rewards Dispute”) will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. It affects your rights and will have a substantial impact on how Spring Creek Barbeque ‘Que Rewards Disputes are resolved. You agree that whenever you have a Spring Creek Barbeque ‘Que Rewards Dispute, you will send a written notice to Spring Creek Barbeque ‘Que (“Demand”). You agree that the requirements of this paragraph will apply even to disputes that may have arisen before you accepted these Spring Creek Barbeque ‘Que Rewards Terms. You must send the Demand to the following address (the “Notice Address”): Spring Creek Barbeque ‘Que Rewards Legal Disputes, 2340 West Interstate 20 ste 100, Arlington, TX 76017. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within such 10 business days, the Spring Creek Barbeque ‘Que Rewards Dispute (1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Arlington, Texas; (4) the arbitrator’s decision shall be controlled by these Spring Creek Barbeque ‘Que Rewards Terms and any of the other agreements referenced herein that the applicable user may have entered into; (5) the arbitrator shall apply Texas law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Spring Creek Barbeque ‘Que Rewards Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Spring Creek Barbeque ‘Que Rewards Entity; (8) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Spring Creek Barbeque or its designee will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the affected Spring Creek Barbeque ‘Que Rewards Entity shall be required to arbitrate their dispute. If, for any reason, the American Arbitration Association is unable or unwilling to conduct the arbitration, you may file your case with any national arbitration company that will honor the requirements set forth above.

LIMITATIONS ON LIABILITY/INCONTESTABILITY

UNDER NO CIRCUMSTANCES SHALL THE SPRING CREEK BARBEQUE ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SPRING CREEK BARBEQUE ‘QUE REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE SPRING CREEK BARBEQUE ‘QUE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A SPRING CREEK BARBEQUE ‘QUE REWARDS PARTICIPANT PROVES THAT SPRING CREEK BARBEQUE ‘QUE HAS IMPROPERLY DENIED SUCH PARTICIPANT ANY REWARD, THEN THE PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY UNDER SUCH CIRCUMSTANCES WILL BE TO RECEIVE THE EQUIVALENT REWARD. PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

BY PARTICIPATING IN THE SPRING CREEK BARBEQUE ‘QUE REWARDS PROGRAM, EACH SPRING CREEK BARBEQUE ‘QUE REWARDS PARTICIPANT AGREES THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO THE SPRING CREEK BARBEQUE ‘QUE REWARDS PROGRAM MUST BE SERVED AND FILED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.  EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THIS ONE (1) YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN THE DEFAULT STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY.  AFTER SUCH ONE (1) YEAR PERIOD, THE AFFECTED CLAIM OR CAUSE OF ACTION WILL BE DEEMED WAIVED, AND THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.