KaboomClubTC

Kaboom Club Terms & Conditions

Updated: August 11, 2020

These Terms and Conditions (collectively, the “Terms”) govern all access to and participation in the Oregano’s Kaboom! Club (the “Program”), a promotional program sponsored by Oregano’s Pizza Bistro, Inc. (“Oregano’s”, “we”, “our” and “us”), and offered as a benefit to our customers who register for the Program (each, a “Member” or “you”). Please read these Terms carefully. If you do not agree to these Terms, please do not participate in the Program.

PLEASE NOTE THAT, EXCEPT AS SET FORTH IN SECTION 8 BELOW, ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 8 BELOW.

Oregano’s reserves the right to modify these Terms from time to time by posting a revised version of the Terms on this website ( www.oreganos.com/kaboomclubtc ). Any changes will be effective prospectively as of the date noted in the upper left-hand corner when the updated Terms are posted. We will also provide notice to Members via email to the address of record in their accounts. We are not responsible for any failed transmission due to incorrect or outdated email information provided by you or any other failure in transmissions. It is your responsibility to keep your contact information current and accurate in your account and to review the Terms periodically to be aware of any such changes.

1. Eligibility

1.1 You must be an individual and 13 years of age or older to be eligible to participate in the Program. Corporations, limited liability companies, partnerships, charities, associations, or other entities may not participate in the Program.
1.2 Oregano’s reserves the right to approve, deny or revoke your membership in the Program at any time, for any or no reason, in our sole discretion.
1.3 There is no fee to sign up for the Program (but, as set forth below, qualifying purchases are required in order to earn points and Rewards (as defined below) under the Program).
1.4 The Program is valid only in the United States, and is void wherever prohibited, regulated or taxed (other than ordinary sales, use or similar taxes on purchases made with Rewards).

2. Earning Points

2.1 You will earn points in the Program at the rate of 1 point for each $1.00 that you spend on food and beverages (excluding discounts, taxes, gratuities, alcohol, gift cards, catering orders, and delivery orders ordered directly from third- party delivery services) at any of our restaurants in Arizona or Colorado. Qualifying purchases include dine-in and take-out purchases, but exclude any purchases of Oregano’s food or beverages ordered directly from a third-party delivery service. Additional points may be made available through special promotional offers (such as social media related offers), which will be subject to any additional terms and conditions set forth in the promotional offer.
2.2 Points will not be earned on the dollar amounts of discounts, taxes, gratuities, alcohol, gift cards, catering orders, or on delivery orders ordered directly from third-party delivery services. . On any purchase with a discount, points will be earned on the qualifying purchase amount after deducting the discount.
2.3 Points earned on each purchase will be based on rounding the qualifying amount of the purchase (i.e., excluding discounts, taxes, gratuities, alcohol, gift cards, catering orders, and delivery orders ordered directly from third-party delivery services) to the nearest whole number. For example, a $34.49 qualifying purchase amount will be rounded down to 34 points while a $34.51 qualifying purchase amount will be rounded up to 35 points. If the qualifying purchase amount ends in exactly 50 cents, the amount will be rounded down if the dollar amount is even, and will be rounded up if the dollar amount is odd. For example, a $34.50 qualifying purchase will be rounded down to 34 points, while a $35.50 qualifying purchase will be rounded up to 36 points.
2.4 For points to be recognized as earned (and added to your account) for a qualifying purchase at an Oregano’s restaurant, you must do one of the following:
(i) place your order via our website or mobile app after inputting your account number prior to making payment;
(ii) provide your server or take-out team member with your account number or the phone number linked to your account; or
(iii) have your server or take-out team member read the bar code on our app on your mobile phone (if available).
2.5 Points earned on a qualifying purchase at an Oregano’s restaurant will generally show up in your account as soon as you have completed the purchase (if you have provided your server or take-out team member with the information noted above),but may take up to 14 days or longer in some circumstances. If you believe that you are entitled to points that have not been posted to your account within 14 days, please contact us at KaboomClub@oreganos.com.
2.6 You will not earn points on purchases made by any other person. Any points sought to be added to your account from purchases made by others will be subject to removal from your account (and may result in all points then in your account being forfeited, and your account being terminated), in Oregano’s sole discretion. Points will not be earned on any purchases made prior to your registration for the Program.
2.7 Points in your account may not be transferred to other Program Members.
2.8 Points under the Program have no cash value.

3. Points Expiration

3.1 All points in your account will expire if you do not make a qualifying purchase within 180 days of the date of your last purchase.
3.2 In addition, all points in your account will immediately expire if Oregano’s revokes your membership, in our sole discretion.
3.3 Points obtained through special promotional offers may have accelerated expiration schedules or other additional limitations. Any such limitations will be described in the special promotional offer.
3.4 Any points added to your account through any computer virus, bug, tampering, intervention, fraud, or technological failure, or due to any other unauthorized compromise of the Program, may be deleted in our sole discretion.

4. Rewards

4.1 For every 150 points that you earn in the Program, you will automatically be issued a non-transferable reward good for $10 towards the price of food and/or non-alcoholic beverage items at any participating Oregano’s restaurant or on our website (each, a “Reward”), excluding amounts for, taxes, gratuities, alcohol, gift cards, catering orders, delivery orders ordered directly form third-party delivery services, or other non-menu price items. Upon issuance of a Reward, the points used to generate that Reward will be deducted from your point balance. Rewards are usable only toward food and beverage purchases, excluding alcohol or purchase of gift cards. We will send you an email to your registered email address when each Reward is issued to you.
4.2 Each Reward will generally show up in your account 24 hours after the associated 150 points is earned, but might take up to 14 days or longer in some circumstances. If you believe that you are entitled to a Reward not posted to your account within 14 days, please contact us at KaboomClub@oreganos.com.
4.3 If you earn 300 or more points in one purchase, multiple Rewards will be issued simultaneously. (For example, if you earn 350 points in one visit to an Oregano’s restaurant, you will be issued two $10 Rewards at once in exchange for 300 points, and the remaining 50 points will remain in your account.)
4.4 Each Reward will expire 60 days after the date of issuance.
4.5 Rewards may only be used on a purchase with menu price costing equal to or more than the total amount of the Reward(s) being redeemed, after deducting all amounts for discounts, taxes, gratuities, alcohol and gift cards. Sales tax will be charged on the non-discounted purchase price, where required by law.
4.6 Rewards are not transferable. Rewards issued to you may only be redeemed by you.
4.7 There is no limit on the number of Rewards that you may redeem for any one purchase, so long as the amount of the qualifying purchase (after deducting all amounts for discounts, taxes, gratuities, alcohol and gift cards) equals or exceeds the total amount of the Reward(s) sought to be redeemed.
4.8 Oregano’s reserves the right, in our sole discretion, and on a prospective basis only, to modify the Rewards issued under the Program, or to substitute alternative rewards of comparable value, at any time.
4.9 No cash back will be paid on any Reward (unless otherwise required by law).
4.10 From time to time, we may offer special promotional rewards. These special rewards may be only available in certain areas or at certain Oregano’s restaurants and may have different expiration periods or other terms than the standard Reward issued under the Program.

5. Termination of the Program or Your Participation in the Program

5.1 Oregano’s reserves the right to terminate the Program at any time, in our sole discretion.
5.2 If the Program is terminated, for every 15 points in your account as of the termination date, you will be issued a reward for $1 off qualifying purchases at any participating Oregano’s restaurant or on our website. Such rewards will be issued within 90 days after the Program termination date, and will expire 90 days after the date of issuance. This is your sole right and remedy in the event of termination of the Program.
5.3 We reserve the right to terminate any Member’s participation in the Program, in our sole discretion, if we reasonably suspect any activity that is fraudulent, abusive of the Program, or otherwise inappropriate. In the event of such termination, any existing points and/or Rewards in the Member’s account will be cancelled.

6. Marketing Communications

When you enroll in the Program, you are required to provide Oregano’s with your email address (along with other information, such as your phone number, and favorite Oregano’s restaurant), which we will use to send you information about the Program (including periodic updates about the Program), as well as to send you promotional announcements and other marketing messages and information (including special offers) from time to time. You may update this information at any time by logging into your account at www.oreganos.com/kaboomclub. You may opt out of receiving marketing emails from Oregano’s at any time by doing one of the following: (i) adjusting your preferences after signing into your account online at www.oreganos.com/kaboomclub, or (ii) following the opt-out mechanism in any marketing email you may receive from us. If you opt out, you authorize Oregano’s, our subsidiaries and other affiliates, and our third-party contractors to send you an email confirming your opt-out. Please note that even if you opt out of our email marketing distribution list, we will still be authorized to send you transactional email messages about your account or account status and to issue you Rewards.

7. Applicable Law

Any dispute, claim, or cause of action arising from this Program or these Terms (“Dispute”) shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect or regard to any principles or doctrines of conflicts of law.

8. Dispute Resolution; Class Action Waiver

YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW – AND UNLESS YOU OPT OUT PER SECTION 8,4 BELOW – YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF PARTICIPATING IN THE PROGRAM.
8.1 For any Dispute you have with Oregano’s (including any Oregano’s restaurant) or the Program, you agree to first contact us at kaboomclub@oreganos.com, to attempt to resolve for 60 days, such Dispute with us informally. If Oregano’s and you do not reach an agreement to resolve the Dispute within the 60 days, you or Oregano’s may commence an arbitration in accordance with Sections 8.2 through 8.5 below. Notice to Oregano’s must be addressed to Oregano’s at 8300 N. Hayden Road, A207, Scottsdale, AZ 85260. Any notice of the Dispute shall include the sender’s name, address and contract information, the facts giving rise to the Dispute and the relief requested.
8.2 In the unlikely event that we are unable to resolve any Dispute you bring to our attention after 60 days, and for any other Dispute we raise, you and we agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures
8.3 You and Oregano’s agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or virtual or telephonic arbitration; (d) we will pay any filing fee or other costs of arbitration that may exceed $250; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) 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; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) 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 attorneys’ fees and expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded by the arbitrator will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
8.4 Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
8.5 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email: KaboomClub@oreganos.com. The notice must be sent within 30 days after you create your Program account or the effective date of these Terms, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
8.6 This Section 8 will survive termination of the Program or these Terms. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court, rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.

9. Disclaimers and Limitations of Liability

9.1 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND OREGANO’S DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.2 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OREGANO’S DOES NOT WARRANT THAT THE PROGRAM, OR ANY APPLICATIONS THROUGH WHICH THE PROGRAM IS PROVIDED, WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR ANY RELATED APPLICATIONS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND OREGANO’S FURTHER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OR OTHER INFORMATION IN THE PROGRAM OR ANY RELATED APPLICATIONS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you. .
9.3 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OREGANO’S (AND ITS SUBSIDIARIES AND OTHER AFFILIATES) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM OR ANY OTHER MATTER RELATED TO THE PROGRAM, EVEN IF OREGANO’S OR AN OREGANO’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you. For New Jersey Residents: Nothing herein prohibits recovery of damages or attorneys’ fees if required by statute.

10. Privacy

Any personal information collected about you through the Program, including, without limitation, any information about you collected through your engagement with the Program, will be governed by our Privacy Policy, available at oreganos.com/privacy-policy/, which is incorporated by this reference into these Terms.

11. Miscellaneous

11.1 All federal, state or other tax liabilities (if any) arising from your access to or participation in the Program are your responsibility.
11.2 Nothing in these Terms will limit Oregano’s from exercising any legal rights or remedies that we may have.
11.3 These Terms shall be the sole terms of the agreement between you and Oregano’s regarding your access to or participation in the Program, except to the extent you access or use any of our websites.

12. Push Notifications

Allowing or disabling push notifications is controlled through your phone’s native settings.
iPhone Users: From an iOS device, go into Notifications under Settings to configure notifications for the Oregano’s mobile app.
Android Users: From an Android device, go to Setting to configure notifications for the Oregano’s mobile app.

12. Push Notifications

Allowing or disabling push notifications is controlled through your phone’s native settings.
iPhone Users: From an iOS device, go into Notifications under Settings to configure notifications for the Oregano’s mobile app.
Android Users: From an Android device, go to Setting to configure notifications for the Oregano’s mobile app.

Contact Us

If you have any questions about the Program, you may contact us at Oregano’s Kaboom! Club, 8300 N. Hayden Road A207 Scottsdale, AZ 85258 or KaboomClub@oreganos.com.