Terms and Conditions
Effective March 28, 2013
The IHOP Rewards Program (the “Program”) is a guest recognition program that rewards IHOP guests who are enrolled in the Program for dining at IHOP restaurants. Throughout these Program Terms and Conditions (the “Terms”), we refer to IHOP, our, we or us, which means International House of Pancakes, LLC, and/or one or more of its affiliated companies. IHOP restaurants are owned and operated either by IHOP or by independent franchisees of IHOP (“Franchisees”). IHOP may modify the Program or any benefit, or suspend or cancel the Program entirely, at any time. Any changes to the Terms or Program will be posted on IHOP.com/Rewards (the “Website”). You should check the Website and these Terms regularly. Your continued participation in the Program following any changes to the Terms constitutes your acceptance of the changes. If IHOP modifies the Program or any benefit, or cancels the Program or terminates your membership, you are not entitled to any compensation for any efforts in seeking benefits, accrual of points or credits, unused benefits or anticipated use of any benefits, or otherwise. The program is valid only in participating markets and is not valid where not permitted by law. Please see Enrollment and Participation for a complete list of participating markets. Some IHOP restaurants may not participate in the Program, so please check with the restaurant before you place your order to know whether it is a participating location.
Enrollment and Participation
To enroll in the Program, you must be an individual who is a legal resident of the 50 United States and be at least 18 years old at the time of enrollment. Employees of IHOP, its affiliates and subsidiaries and the Franchisees and their employees are not eligible to participate in the Program.
Program only valid in Albany GA, Atlanta, Bowling Green, Cincinnati, Cleveland, Columbus GA, Columbus OH, Denver, Lexington, Lima, Louisville, Macon, Toledo, and Youngstown markets.
To receive a Loyalty Card (“member card”), go to any participating IHOP restaurant and ask your server or cashier. Only one member card per person. Member card must be registered on-line at IHOP.com/Rewards prior to first use, and may be required to be presented, in order to receive points to earn rewards.
The Program is a web-based program, using the internet for the distribution channel for rewards, benefits, Program changes and all promotions and offers. In order to enroll, you must complete an online registration at IHOP.com/Rewards, where you will be asked to provide certain identifying information, including a unique email address, your name, birthdate, address, phone # (mobile or landline). All information that you submit must be truthful and accurate and it is your responsibility to update your information.
The Program allows you to receive points for dollar amounts you spend at participating IHOP restaurants (spend $100 and get $10 off your next visit). Points are calculated on net sales dollars (total check minus sales tax, tip and gift card purchases). Once member has accrued 100 points, a $10 reward will be issued to member and will automatically appear on your MyAccount page on IHOP.com/Rewards and may also be printed on your restaurant receipt. Rewards may not be used to purchase gift cards.
The Program may also allow you to receive certain surprise rewards, which may not be specified in advance. You must make purchases at IHOP restaurants to earn rewards. Rewards are issued by IHOP on a periodic basis. The number, type and frequency of surprise rewards are based on a number of factors, which are subject to change, including but not limited to, the amount and type of purchases, volume of member card usage, type and amount of personal information provided (for example, email address), and type and amount of participation in and/or interaction with other IHOP programs and/or applications (for example, surveys).
To redeem rewards and/or surprise rewards, notify your server or cashier prior to paying that you would like to redeem and present your member card or the phone number you used to register your member card. You are not required to accept or use any rewards that you earn on current visit. There will be a time limit to use your rewards and the rewards will be deemed forfeited if not used within the provided time limit. All rewards expire 90 days from date of issuance and all surprise rewards will expire 60 days from issuance.
Member cards may be used to earn rewards a maximum of 2 times per day with a minimum of 3 hours between each use. You may redeem multiple rewards in a single transaction however you may not redeem rewards and surprise rewards in a single transaction. Rewards are subject to change or substitution without notice. Rewards may not be exchanged for cash, any cash equivalent or combined with other discounts or coupons.
If you forget to present your registered member card or phone number used to register your member card at the restaurant, you can get credit for that visit by entering the code at the bottom of your receipt at www.IHOP.com/Rewards within 30 days of the visit; the visit code will expire after 30 days. You are limited on doing this to a maximum of 1 time per day, 2 times per week and 4 times per month.
The member card has no cash value, is not a gift card or credit card and is not valid if obtained from unauthorized parties, including internet auction sites. Your username and password are for your personal use only. You are responsible for maintaining the security and confidentiality of your member card and your account, username and password, and you agree to be responsible for all activities that occur with your member card and under your account, username and/or password.
IHOP, the Franchisees and its service providers are not responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your account, or for use of your member card or your user name or password without your permission.
Some Program options are only available if you use certain Program features (for example, rewards only appear on your MyAccount page at IHOP.com/Rewards). Notify us at the Website if your member card is lost or stolen; if the lost or stolen member card can be identified, your account details may be transferred to a new member card.
IHOP may conduct test programs from time to time in certain markets which may have additional or different program terms than those described here. IHOP has no responsibility to retroactively apply rewards or use of the member card.
What Information Do We Collect and How Do We Use It
Please notify us immediately at the Website to report a lost or stolen member card, if you need to update or verify your personal information, to remove your personal information from our active database. This will be completed as soon as reasonably possible, unless we need to retain information for dispute resolution, troubleshooting and other valid legal or business reasons. Please note that we will not remove your historical usage information. If you have questions related to privacy, visit the Website, contact us by email by visiting IHOP.com and filling out our on-line contact us form or call us at 1-866-444-5144.
THE PROGRAM AND THE WEBSITE ARE PROVIDED “AS-IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE AND OUR FRANCHISEES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STAUTORY OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT, WITH RESPECT TO THE PROGRAM AND THE WEBSITE. IHOP does not represent or warrant that member cards will always be accessible or accepted.
LIMITATIONS OF LIABLITY AND RELEASE OF CLAIMS
IHOP AND ITS FRANCHISEES AND SUPPLIERS AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT HAVE ANY RESPONSIBLITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE,INCLUDING ATTORNEYS’ FEES AND COSTS OF SUIT, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THE PROGRAM OR THE WEBSITE; (II) THESE TERMS; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINSTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF A MEMBER CARD OR ANY BREACH OR SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION OR STATEMENT OR CLAIM ABOUT THE PROGRAM MADE BY US, ANY FRANCHISEE , SUPPLIER OR ANY OTHER PERSON OR ENTITY; OR (VI) THE PURCHASE, REDEMPTION OR USE OF ANY REWARDS WHETHER MADE AVAILABLE BY US, A FRANCHISEE OR SUPPLIER OR ANY OTHER PERSON OR ENTITY. IN NO EVENT WILL OUR, THE FRANCHISEES’ AND SUPPLIERS’ MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED $100.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
By participating in the Program, you agree (i) to release us, the Franchisees and suppliers and each of our and their officers, directors, employees and agents from any and all liability, loss or damage incurred with respect to the issuance, receipt, possession or use or misuse of any reward; (ii) that under no circumstance will you be permitted to obtain rewards for and you hereby waive all rights to claim punitive, incidental, consequential, special or any other damage or loss, other than for actual out-of-pocket expense and (iii) all causes of action or claims arising out of or connected to the Program or any reward will be resolved individually, without resort to any form of class action.
Any attempt to undermine the legitimate operation of the Program may be a violation of criminal and civil law and should such an attempt be made, we reserve the right to seek damages to fullest extent permitted by law. Our failure to enforce any of the Terms will not constitute a waiver of that or any other provision.
You may terminate your participation in the Program by discontinuing your use of the member card. Your participation in the Program may be discontinued by us in connection with actual or suspected unauthorized or fraudulent use of the Program, the member card or violation of these Terms. IHOP reserves the right to seek all remedies available at law and in equity for violations of any of the Terms, including suspending or blocking your access to your member card.
You are responsible for any taxes which may result from participation in the Program.
These Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of California United States, without reference to its conflict of law principles.
These Terms are the entire agreement between you and us regarding your participation in the Program, your entitlement to earn rewards or receive any benefits through the Program and supersede all prior agreements between us concerning the Program, including all previous versions of the Terms.