Rewards Terms

CHARLEYS REWARDS LOYALTY MEMBERSHIP PROGRAM & MOBILE APP TERMS AND CONDITIONS

The Terms and Conditions outlined below govern the Charleys Rewards Loyalty Membership Program & Mobile App (“Bite Club Rewards”).

The Charleys Rewards Program is operated by Charleys Philly Steaks, a subsidiary of GOSH Enterprises, Inc., and is subject to specific Terms and Conditions outlined below as well as the Terms and Conditions available at www.charleys.com/terms, and the Privacy Policy available at www.charleys.com/privacy. 

BY JOINING THE CHARLEYS BITE CLUB REWARDS YOU ARE ACCEPTING THESE TERMS, AS DETAILED IN THE SECTION ENTITLED DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER BELOW, YOU AGREE TO RESOLVE ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES, UNLESS OTHERWISE PROVIDED BELOW, AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.  

BY ACCEPTING THESE TERMS, YOU ARE ALSO ACCEPTING OUR PRIVACY POLICY, AVAILABLE AT WWW.CHARLEYS.COM/PRIVACY. PLEASE NOTE THAT THIS PRIVACY POLICY MAY BE UPDATED FROM TIME TO TIME AND IT IS YOUR RESPONSIBILITY TO STAY CURRENT WITH THESE UPDATES. PLEASE NOTE THAT THESE TERMS AND CONDITIONS, TERMS AND CONDITIONS OF SERVICE, AND THE CHARLEYS PRIVACY POLICY MAY BE UPDATED FROM TIME TO TIME AT CHARLEYS’ SOLE DISCRETION. THE MOST CURRENT VERSION OF EACH DOCUMENT WILL BE AVAILABLE AT THE LINKS PROVIDED ABOVE AND WILL SUPERSEDE ALL PRIOR VERSIONS. YOUR CONTINUED ACCESS TO OR USE OF BITE CLUB REWARDS, THE CHARLEYS WEBSITE, OR ANY RELATED SERVICES FOLLOWING THE EFFECTIVE DATE OF ANY REVISIONS CONSTITUTES YOUR BINDING ACCEPTANCE OF THOSE REVISIONS. IF YOU DO NOT AGREE TO THE UPDATED TERMS, YOU MUST DISCONTINUE USE OF BITE CLUB REWARDS AND RELATED SERVICES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE DOCUMENTS PERIODICALLY TO STAY CURRENT WITH ANY UPDATES. 

Information about the personal information we collect through The Charleys Rewards Program, including our Notice of Financial Incentive for California residents, is available in our Privacy Policy at www.charleys.com/privacy. 

ELIGIBILITY:

Bite Club Rewards is open to individuals within the 50 United States of America and Washington, D.C., and Puerto Rico who are 18 years of age or older. By enrolling, you represent that you are at least 18 years of age. Accounts created by persons under 18 are subject to immediate termination. Please note that location eligibility is subject to change. It is free to join Bite Club Rewards. Participation is voluntary and is subject to compliance with and acceptance of our terms and conditions.

Rewards are only redeemable at participating Charleys locations.

MEMBERSHIP & ENROLLMENT:

You must be a registered Bite Club Rewards Member to participate in and receive the benefits associated with Bite Club Rewards. You must create an account, provide the required information, and agree to all Terms & Conditions in order to fully enroll in Bite Club Rewards. You must have a legitimate, active mobile phone number in order to enroll – one mobile phone number per Bite Club Rewards Account. Registration also requires you to provide your first name, last name, day and month of birth (you must be at least 18 years or older to participate), a valid email address, and a unique password. You may also elect to provide other information, such as your birthday or zip code. Membership in the Charleys Rewards program is limited to one account per person; duplicate accounts are subject to termination. You are responsible for maintaining the accuracy of the information associated with your account. Gosh Enterprises, Inc. is not responsible for rewards lost due to inaccurate account information. 

To join Bite Club Rewards, you must first complete one of the following steps: 

BITE CLUB REWARDS PROGRAM OVERVIEW:

Bite Club Rewards Members (“you” or “Members”) are able to earn and accumulate points that can be redeemed for benefits (“Rewards”) at participating Charleys restaurants (“Restaurants”). Not all of our Restaurants participate in Bite Club Rewards and provide or accept Rewards at this time. The Rewards are void where prohibited.  

HOW TO EARN POINTS

Once enrolled, Members will receive one (1) point for every $1.00 spent on qualifying purchases at participating Restaurants. Order subtotal, after any Rewards/discounts are applied, and before taxes, fees, and/or tips are added, must be a minimum of $1.00 to be eligible to earn points. Points are earned on eligible menu items only, with eligible menu items determined by our sole discretion. The purchase of gift cards is not eligible to earn points.  

Members can earn points to be redeemed for Rewards by (1) logging into your active Bite Club Rewards account and placing and order in the Charleys App or website; (2) ordering in-person at a participating restaurant and scanning your QR code at the counter or pickup window before you pay for your order; (3) entering the phone number associated with your Bite Club Rewards account on a kiosk in-restaurant and placing your order. 

If you have purchased regularly priced menu items, but did not complete the transaction through your Charleys Bite Club Rewards Program Account (or provide your Charleys Bite Club Rewards Program Account prior to completing the transaction process instore) and wish to have this purchase added to your account please complete the following steps within 7 business days of your purchase: 

Step 1: Take a picture of your receipt. Picture must clearly show all details of the transaction and display the full receipt. 

Step 2: Send an email to Rewards@Charleys.com indicating “Receipt Point Application” in the Subject Line. 

Step 3: Attach your receipt to the email and provide the required account information for the points to be applied: 
Line 1 – First name and last name 
Line 2 – Mobile phone number registered to your Rewards account 

Emails received after 7 business days from purchase are ineligible to be applied to Charleys Rewards Program Account. Please allow up to 5 business days to process this request (10 business days required during holidays). We reserve the right to decline rewarding points for any receipt submission, at our sole discretion. 

A maximum of 1,500 points can be earned per transaction. We reserve the right to limit the number of transactions a Member may receive points on within a given time period and/or by transaction type. Points for any qualifying purchase can only be credited to one Member account, and points from one transaction cannot be split between multiple Member accounts.  

Members are not eligible to earn points on purchases made through third party services, such as DoorDash, UberEats, GrubHub, or EZ Cater. Points are earned through qualifying purchases or other opportunities that may be presented to all or select Members, such as multipliers, challenges and more. Points for “other activities” will be awarded as described in the promotion and are subject to their own terms. Points, Rewards and benefits are non-transferrable, have no cash value, are not subject to unclaimed property laws, and are not redeemable for cash or gift cards.  

Points may take up to 24 hours to appear in a Member account. Available points will be displayed in Member account in the Charleys App or website.  

BANKED DOLLARS

When a Member earns 100 points, those points will automatically convert into $5 in Banked Dollars. A Member’s point balance will reset upon conversion, and point balances will not exceed 100 points under this program. 

Banked Dollars function like a credit. If the full balance is not used in a single transaction, any remaining balance will remain in the Member’s account for future eligible purchases. For example, if a Member has $5 in Banked Dollars and redeems $3 toward an eligible purchase, the remaining $2 balance will remain available for future use. Members may accumulate multiple Banked Dollar awards over time. For example, earning 100 points on three separate occasions will result in a Banked Dollar balance of $15. 

Banked Dollars expire one (1) year from the date they are earned, unless otherwise specified. Members are responsible for all applicable taxes, which may vary by jurisdiction. Banked Dollars are not redeemable for cash, except where required by law, and may only be redeemed on eligible purchases in accordance with these Terms & Conditions. 

No more than $15 in Banked Dollars may be redeemed in a single transaction. 

OFFERS

Periodically, Members may receive offers through your Bite Club Rewards Account. These offers will appear in the Charleys App or website and may range in value from free food with purchase, dollars (or percentages) off of your purchase, and more. Offers have no cash value beyond their intended purpose associated with Bite Club Rewards. 

Each offer will contain a description with the associated details about the offer and will include information about how to redeem the offer (in-store only, online only, or both). Expiration information for these offers will appear alongside the offer and is subject to change at our discretion. Please be sure to read all offer information carefully to avoid prematurely activating the offer, which may prevent you from being able to redeem the offer. 

COMMUNICATIONS

Bite Club Rewards communications to Members may include in-App messaging, email, SMS text messaging, and push notifications. Members will be given the ability to opt in to each method of communication, except in-App messaging, which is automatic and non-optional for App users.  

SMS Messaging: By opting-in to receive SMS text messaging to your mobile phone number during enrollment and agreeing to these Terms, you expressly consent to receive recurring automated marketing text messages (including promotions, rewards updates, and program announcements) from CHARLEYS at the mobile number provided. This consent is not a condition of purchase or program membership. Message and data rates may apply. Message frequency varies. 

You may change your communication preferences as follows: (1) You may unsubscribe from promotional emails by clicking the “unsubscribe” link at the bottom of any email; (2) you may unsubscribe from SMS text notifications by replying with “STOP” or other opt-out language as instructed in any text message you receive from us; (3) push notifications may be changed by adjusting the settings on your mobile device. 

PROGRAM CHANGES

Charleys reserves the right to modify, suspend, or terminate any aspect of Bite Club Rewards, at any time, with or without notice. Charleys reserves the right to change, update and/or discontinue, in whole or in part, Bite Club Rewards or any portion of the program, all or any portion of the Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Bite Club 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 to our terms, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify Bite Club Rewards Terms, we will revise the “last updated” date located at the top of the current Terms. If you continue to participate in Bite Club Rewards by logging into your account, earning points, redeeming offers or Banked Dollars, clicking emails or text messages, or otherwise participating in the program in any way after a change to these Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes. Changes to the program will be communicated through appropriate channels. 

Termination:

User accounts are personal and cannot be sold, transferred, or assigned to or shared with family, friends, or others. Charleys reserves the right to terminate a member’s participation in the loyalty program for any reason, including but not limited to, abuse or violation of program terms.

You may have only one Bite Club Rewards account registered to you. Charleys reserves the right to deactivate any additional accounts in your name or otherwise controlled by you.

Charleys is not liable for any loss or damage resulting from the loyalty program’s use or termination.

If your account location changes to a location that does not contain any Charleys restaurants, or if a Charleys restaurant closes near you, any and all Points, Offers, or Rewards will be forfeited. You cannot request to redeem these for cash, all associated values are directly tied to Bite Club Rewards only. In this instance, your account may be deactivated. Once deactivated, you will no longer be able to accumulate points or receive or redeem Rewards under your Bite Club Rewards account. Previously credited points and Rewards may also expire or be forfeited.

Agreement Acceptance:

By participating in Bite Club Rewards, Members agree to all of these terms and conditions. 

MISCELLANEOUS

Limitation of Liability:

DISCLAIMER OF WARRANTIES. BITE CLUB REWARDS, THE CHARLEYS APP AND WEBSITE, AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOSH ENTERPRISES, INC. AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS (COLLECTIVELY, “CHARLEYS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CHARLEYS DOES NOT WARRANT THAT BITE CLUB REWARDS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHARLEYS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN BITE CLUB REWARDS, INCLUDING BUT NOT LIMITED TO LOSS OF POINTS, LOSS OF REWARDS, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, EVEN IF THE CHARLEYS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE CHARLEYS PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO BITE CLUB REWARDS EXCEED THE LESSER OF: (A) THE TOTAL VALUE OF REWARDS CREDITED TO YOUR ACCOUNT IN THE THIRTY (30) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) TWENTY-FIVE DOLLARS ($25.00). 

YOU AGREE THAT NO CLAIM OR ACTION ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN BITE CLUB REWARDS OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. IF YOU ARE DISSATISFIED WITH BITE CLUB REWARDS, TERMINATION OF YOUR MEMBERSHIP IS YOUR SOLE AND EXCLUSIVE REMEDY. 

Essential Basis. You acknowledge that the limitations of liability set forth in this section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between you and Charleys. Charleys would not provide Bite Club Rewards absent these limitations. 

Indemnification

You agree to defend, indemnify, and hold the Charleys Parties harmless from any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand arising from your participation in Bite Club Rewards in violation of any law, rule, regulation, or these Terms. 

Dispute Resolution, Binding Arbitration, and Class Action Waiver 

Please read this section carefully. It affects your legal rights. 

By joining Bite Club Rewards, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, Bite Club Rewards, the Charleys App or website, our Privacy Policy, or any data security or data privacy matter (collectively, “Disputes”) will be resolved as set forth below. For purposes of this section, “Charleys,” “we,” or “us” means GOSH Enterprises, Inc. and its parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, agents, and service providers. 

Informal Resolution First. Before initiating arbitration, you agree to contact Charleys at Rewards@Charleys.com and provide written notice describing the nature of the Dispute and the relief sought. If the Dispute is not resolved within sixty (60) days of receipt of your notice, either party may proceed to arbitration as set forth below. 

Binding Arbitration. Except as provided below, all Disputes that are not resolved informally will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration will be conducted by a single arbitrator. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. 

Small Claims Exception. Notwithstanding the foregoing, either party may elect to bring an individual claim in small claims court in a jurisdiction where the claim qualifies, so long as the claim remains in small claims court and proceeds only on an individual (non-class, non-representative) basis. 

Location and Format. Arbitration will be conducted in Franklin County, Ohio, unless the AAA Consumer Arbitration Rules require otherwise based on your location. For claims of $25,000 or less, you may elect to have the arbitration conducted by telephone, videoconference, or based solely on written submissions. 

Costs. The AAA’s filing, administration, and arbitrator fees will be allocated in accordance with the AAA Consumer Arbitration Rules. 

CLASS ACTION WAIVER. YOU AND CHARLEYS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. If this class action waiver is found unenforceable with respect to any claim or request for relief, then that claim or request for relief shall be severed from the arbitration and may be pursued in a court of competent jurisdiction, and all remaining claims shall remain in arbitration. 

Injunctive Relief Exception. Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations, pending resolution of the Dispute through arbitration. 

Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to GOSH Enterprises, Inc., Attn: Legal Department – Bite Club Rewards Arbitration Opt-Out, 5000 Arlington Centre Blvd., Suite 5300, Columbus, OH 43220, postmarked no later than thirty (30) days after the date you first enroll in Bite Club Rewards. Your opt-out notice must include your name, address, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect your ability to participate in Bite Club Rewards. If you do not opt out within this period, you will be deemed to have accepted this arbitration agreement. 

Severability. If any portion of this Dispute Resolution section is found to be unenforceable, the unenforceable portion shall be severed and the remaining portions shall remain in full force and effect, except that if the class action waiver is found unenforceable in whole, this entire Dispute Resolution section shall be null and void. 

Governing Law. These Terms and any Disputes are governed by the laws of the State of Ohio, without regard to its conflict of law principles. Subject to the arbitration agreement above, you consent to the exclusive jurisdiction of the state and federal courts located in Franklin County, Ohio for any Dispute not subject to arbitration.