Buckhorn Restaurant Group Rewards TM Program Terms of Use

(Effective August 1, 2020)

In order to complete your registration for the Buckhorn Restaurant Group BUCK’N Rewards Program (“Rewards Program”), to use and continue to use the Rewards Program, and to access and use the Rewards Program website located at www.Buckhorngrill.com or our mobile application (“App”), you must agree to these Terms of Use. (Our website and App are collectively referred to in these Terms of Use as the “Sites”). If you do not agree to these Terms of Use, do not use or continue to use the Rewards Program.

These Terms of Use include an Arbitration provision that applies to any disputes between you and Buckhorn Restaurant Group. Unless you elect to not be bound by arbitration by following the Election To Not Be Bound by Arbitration Policy procedure described below, these Terms of Use will:

  • Eliminate your right to trial by jury; and
  • Prevent you from bringing, joining, or participating in any class-action or consolidated-action proceedings.
    1. Reservation of Rights: Buckhorn Restaurant Group, LLC. (“Buckhorn”) offers this Rewards Program at its discretion and reserves the right to terminate, suspend, or modify it, in whole or in part, or to change the rules, benefits, conditions of participation, or qualification criteria or to suspend, reduce, or terminate any benefits, at any time, with or without notice. Buckhorn further reserves the right to make benefits, bonuses, or promotional offers selectively available to certain Members at any time, with or without notice. In making purchases from Buckhorn, Members may not rely upon the continued availability of this Rewards Program any benefits or rewards under this Rewards Program.
    2. Eligibility: The Rewards Program is only available to individual legal residents of the United States and the State of California who are 18 years of age or older when they enroll in the Rewards Program. Only one account is allowed per Rewards Program member (“Member”) and a maximum of four accounts are allowed per household. Each participant in the Rewards Program must have his or her own account and accounts may not be used by, shared, sold, assigned or transferred to any individual, except among immediate family members living in the same household.
    3. Enrollment: In order to enroll as a Member of the Rewards Program, you must provide Buckhorn with your name, email address, birthdate, favorite location, and phone number, and username and password. You are also solely responsible for updating your Rewards Program account information so that it is accurate and current, and Buckhorn is not responsible if you do not receive any emails from us because you provided an incorrect email address or failed to update your email address. Buckhorn will market to your email and phone number unless you have written an opt-out to marketing@buckhorngrill.com.
    4. Earning Buckhorn RewardsTM: Members earn points by making qualifying purchases at Buckhorn corporate-owned restaurants located within the United States (“Buckhorn Restaurants”). Points are automatically converted to rewards (“Buckhorn Rewards”) to be redeemed for food, beverages and more as described below. Qualifying purchases include food and alcoholic beverages purchased by the Member. Points will not be earned for any taxes, gratuities, orders placed on third party delivery platforms or delivery charges paid, for purchases of gift cards, retail merchandise, or alcoholic beverages, or for purchases made with BUCK’N RewardsTM. Buckhorn in its sole discretion may also award Members Buckhorn RewardsTM, discounts, enhanced earning ability, free food items, or other benefits based on a Member’s specific behavior, or as a surprise and delight (“Discretionary Awards”). BUCK’N RewardsTM and other benefits accumulated under the Rewards Program are promotional and have no cash value.
    5. “Hurdle Rate:” Except as described below, all Members earn 1 point for every $1 spent on qualifying purchases. Fractions of one dollar are rounded on a half-to-even basis. Once a Member earns 200 points (“Hurdle Rate”), the member will earn a $10 Reward. The Hurdle Rate and Buckhorn RewardsTM earnings rate are subject to change at any time in Buckhorn’s sole discretion, with or without direct notice. Any revised Terms of Use will be posted on the Sites and effective once posted. In addition, Buckhorn may, in its sole discretion, periodically test different Hurdle Rates, Rewards Program levels, rewards structures, or earnings rates, or other benefits in one or more markets with or without notice, and may terminate such test programs with or without notice.
    6. Buckhorn RewardsTM Benefit Levels: Beginning August 15th, 2020 Buckhorn Restaurant Group converted all existing loyalty members into our new program, and doubled their point bank. This did not automatically provide you with those rewards that can be achieved in the current point system.

Points and Benefits of Each Benefit Level:

  • New Member Sign Up Bonus: One free small plate upon registration; tri-tip bites.
  • Birthday Reward: $10 Buckhorn Bucks will be loaded and will expire 30 days after the birthday in the system.
  • $1 + 1 Point earned
  • For every 200 points, the system will offer $10 Bucks that can be redeemed.
  • For every 500 points, the system will offer A Free Buck Sandwich that can be redeemed.
  • For every 750 points, the system will offer A Caesar Pleaser that can be redeemed.
  • For every 1000 points, the system will offer A FREE whole tri-tip that can be redeemed.
  • For every 1500 points, the system will offer A family feast that can be redeemed.
  • Buckhorn will have Discretionary Awards.
  1. Redemption: BUCK’N Rewards may be redeemed for food and beverages at corporate-owned Buckhorn Restaurants. They may not be redeemed for cash, used to purchase gift cards or to pay for tax, gratuity, or delivery charges. Members may redeem more than one $10 Buckhorn Reward for a single purchase. Buckhorn RewardsTM may not be redeemed during the same visit on which the Hurdle Rate is reached. Buckhorn RewardsTM are personal to each Member, but some can be gifted or donated to another member.
  2. Expiration: Earned BUCK’N RewardsTM have different expiration times. If it’s a point-based reward, those DO NOT expire. However, email campaigns, birthday rewards, and some others will expire 30 days after they are earned by reaching a Hurdle Rate. Other benefits or discounts will expire as indicated in the accompanying communication.
  3. Maximum Redemption: A maximum of $1,000 in Buckhorn Rewards TM may be redeemed in a one-month period.
  4. Discounts: Certain discounts and special purchases cannot be combined with Buckhorn RewardsTM. Buckhorn reserves the right to refuse to permit Buckhorn RewardsTM to be redeemed in connection with discounted items.
  5. Sweepstakes, Contests, and Other Promotions: The Rewards Program may offer sweepstakes, contests or other promotions that may have rules or their own terms and conditions. Members are required to read those rules and terms and conditions, and to agree and accept to be bound by them in order to participate.
  6. Account Closure: A Member’s Rewards Program account may be closed by Buckhorn in its sole discretion after 12 months with no activity.
  7. Suspension/Termination of Membership: Buckhorn reserves the right in its sole discretion to suspend a Member’s membership in the Rewards Program in the event of any suspected misconduct, including suspending the Member’s ability to redeem Buckhorn Rewards and/or other benefits earned or received in connection with his/her membership in the Rewards Program. If Buckhorn concludes in its sole discretion that the Member has engaged in misconduct or that his/her account has been compromised, it may terminate the Member’s membership, including but not limited to terminating the Member’s ability to redeem Buckhorn Rewards and/or other or benefits earned or received in connection with his/her membership in the Rewards Program.
  8. Modification of Terms of Use: Buckhorn reserves the right in its sole discretion to modify at any time these Terms of Use. Any such changes are effective immediately upon being posted on any of the Sites and the Member’s continued enrollment in the Rewards Program and/or use of the Sites confirms that they accept the changes and agrees to be bound by them.
  9. Termination of Rewards Program: Buckhorn reserves the right in its sole discretion to terminate or change the Rewards Program at any time. If the Rewards Program is terminated, Members will no longer earn Buckhorn RewardsTM or receive other benefits associated with the Rewards Program. Unless otherwise provided in writing by Buckhorn, any unused Buckhorn Reward or other Reward Program benefit will expire upon termination of the Rewards Program, and Member’s Rewards Program points will be set to zero.
  10. Ownership of Site Content: All of the contents of the Sites is owned and copyrighted by Buckhorn and is protected as intellectual or proprietary property. Use of any of the Sites’ content without prior consent by Buckhorn is strictly prohibited.
  11. Limitation of Liability and Disclaimer: Members use the Sites at their own risk. Buckhorn is not liable for any direct, indirect, special or other damages or losses that may result from the Member accessing the Sites or using information on the Sites. The Sites and the information included on the Sites are provided by Buckhorn “as is” without any warranty of any kind, either expressed or implied. Buckhorn is not responsible for interrupted or unavailable network server or other connections, miscommunications, computer transmissions or jumbled, scrambled or misdirected transmissions, or for electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer or device related to participating in the Rewards Program. Buckhorn’s liability for Buckhorn Rewards TM or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other Buckhorn RewardsTM or other benefits, while supplies last.
  12. Release: Member hereby releases and agrees to indemnify and hold harmless Buckhorn from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, violation of any personal rights, such as violation of the right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the Member’s participation in the Rewards Program, or the receipt, use or misuse, of Buckhorn RewardsTM or any other award or benefit.
  13. Links to Third-Party Websites: The Sites may contain links to third-party websites or may permit Members to log in via the member’s account on a social media website or application. Buckhorn does not have any control over these other websites and it is not responsible for their content or security. If a Member clicks on a link to an outside website or uses a social media account to log in to a Site, they do so at their own risk and are subject to the privacy policy, and terms and conditions of that website.
  14. Privacy: Any information that a Member provides to Buckhorn will be treated in accordance with Buckhorn’s Privacy Statement, located at www.Buckhorngrill.com.
  15. Choice of Law: These Terms of Use are governed by and are to be construed in accordance with the laws of the State of California.
  16. Please read this section carefully: Disputes to Be Resolved Through Arbitration; Class Action Waiver: Except where prohibited by law and unless the Member opts out in the manner described below, by participating in the Rewards Program, the Member agrees that any action arising out of or relating in any way to the Rewards Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The American Arbitration Association’s current rules for consumer disputes can be found at https://www.adr.org/Rules. The arbitration shall be held at a location in the state in which the Member lives. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other rules referenced herein. Except as expressly authorized by governing law and only to that extent, the arbitrator shall not have the power to award punitive damages against Buckhorn or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only the Member’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or Members who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Members also agree that (a) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; (b) 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 fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law; and (c) under no circumstances will Members be permitted, and Members hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum. 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. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  17. Election To Not Be Bound By Arbitration Policy: You may elect to opt out of the above Arbitration requirement within 30 days of the latter of (a) the date on which you enrolled in the Rewards Program or (b) the effective date of these Terms of Use (the “Arbitration Opt-Out Deadline”). To opt out, please send written notice of your election to opt out in one of the following ways: (x) by email to marketing@Buckhorngrill.com. Any election notice received after the Arbitration Opt-Out Deadline will not be valid. The election notice must state your name, mailing address, phone number and email address and a statement that you are electing to not be bound by the Arbitration Policy. Buckhorn does not have a preference as to whether you elect to not be bound by this Arbitration Policy. Opting out of the arbitration agreement will not impact your enrollment in the Rewards Program.