(Last Update June 12, 2023)
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A MYEPIC REWARDS LOYALTY ACCOUNT OR OTHERWISE PARTICIPATING IN A MYEPIC 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 MYEPIC REWARDS PROGRAM.
GENERAL APPLICATION OF TERMS & CONDITIONS
These Terms and Conditions (the “MyEpic Rewards Terms”) apply to any access to and/or participation in the MyEpic Rewards program (“MyEpic Rewards“) which are operated by Sacco Restaurants Inc., on behalf of Epic Wings, Epic Wings N’ Things and Wings N’ Things (collectively, “Epic Wings“). Please read Epic Wings’ online Terms of Use located at https://www.epicwingsnthings.com/terms-and-conditions/ which are incorporated herein by this reference, before participating in MyEpic Rewards. MyEpic Rewards are deemed included in the definition of “Service” as that term is used in the Terms of Use. In the event there is a direct conflict or inconsistency between these Terms and Conditions and Epic Wings’ online Terms of Use, these Terms and Conditions will prevail, govern, and control with respect to any aspect of MyEpic Rewards. These MyEpic Rewards Terms do not otherwise alter the terms or conditions of any other agreement you may have with Epic Wings for other products and services, or the terms or conditions of any other promotional offers or programs conducted by Epic Wings outside the context of MyEpic Rewards. Information collected in connection with MyEpic Rewards is governed by the Epic Wings Privacy Policy. Please read the Epic Wings Privacy Policy at https://www.epicwingsnthings.com/privacy-policy/ carefully to understand how Epic Wings collects, uses and discloses information about customers and how to update or change your personal information and/or the ways Epic Wings communicates with you.
ELIGIBILITY
MyEpic Rewards is open to legal residents of the 50 United States of America, Washington, D.C., and Puerto Rico who are 13 years of age or older. MyEpic Rewards and earned loyalty points are intended for personal use only. Commercial use is prohibited. MyEpic Rewards are not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may participate in MyEpic Rewards only with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these MyEpic Rewards Terms.
HOW MYEPIC REWARDS WORKS
Participants in MyEpic Rewards may accumulate loyalty “points” that entitle the participant to MyEpic Rewards benefits, or “Rewards,” at participating Epic Wings restaurants in the 50 United States, Washington D.C., and Puerto Rico Redemption of Rewards is subject to availability, and Rewards may not be redeemed in combination with other promotions, offers, discounts, or coupons unless specifically allowed by the terms of a specific promotion. Reward points are awarded with each qualifying purchase, as explained below, in relation to the amount spent at participating Epic Wings restaurants. Purchases begin accumulating points upon the first presentation of MyEpic Rewards account at the time of a qualifying purchase. Members earn 5 points for every $1 spent.
HOW TO ENROLL
There are three ways to enroll into MyEpic Rewards and begin accumulating points:
Website Enrollment: Participants create an account by following the “Join Now” in online at www.EpicWings.com or on the Epic Wings Mobile App and agree to participate in MyEpic Rewards. Participants have the option to opt-in to receive marketing communications from Epic Wings via e-mail or SMS or other text message communication.
SMS Enrollment: Participants can scan a Bar/QR code or text a number to be enrolled into the program from certain marketing materials. Participants receive a welcome email with program details and instructions to create a password and complete their profile. Participants have the option to opt-in to receive marketing communications from Epic Wings via e-mail or SMS or other text message communication. The program is offered on an “as-is” basis without any warranties, may not be available in all areas and at all times, and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier or internet provider. Epic Wings is not liable for any delays or failures in your receipt of any mobile messages or emails connected with this program. Delivery of mobile and emails messages is subject to effective transmission from your wireless service provider/network operator/Internet provider and is outside of Epic Wings’ control.
MyEpic Rewards Participants are not required to opt-in to receive text messages or marketing communications via SMS to participate in MyEpic Rewards or as a condition of purchasing any goods or services. Participants who elect to opt-in acknowledge that Epic Wings 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 MyEpic Rewards. Participants should consult their wireless service provider’s pricing plan for details. Participants can opt out at any time either via text message or by unchecking the opt-in box in their account. Registration may require you to provide your first name, last name, password, email address (required receive eligible Rewards), mobile telephone number, birthday month/year, and marketing preferences.
If you change your account country to one that is not located within the 50 United States, Washington D.C. or Puerto Rico, we have the right to deactivate your MyEpic Rewards account . Once deactivated, you will no longer be able to accumulate points or receive or redeem Rewards under your MyEpic Rewards account. Previously credited points and Rewards may also expire as described below.
You may have only one MyEpic Rewards account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by Epic Wings in its sole discretion.
ACCUMULATING POINTS/QUALIFYING PURCHASES
You may accumulate points for any qualifying purchase made on and after your date of enrollment in MyEpic Rewards. To receive credit for a qualifying purchase and accumulate points, you must present your digital MyEpic Rewards account (i) at the point-of-sale at a participating U.S. Epic Wings 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 at www.EpicWings.com or via the Epic Wings Mobile App. Points will not be awarded for purchases at www.EpicWings.com if you order or check out as a guest and not via your MyEpic Rewards account. Epic Wings reserves the right, but not the obligation, 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 purchases occurring prior to your enrollment in MyEpic Rewards.
To accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, or with a valid Epic Wings gift card. Qualifying orders must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph) to accumulate points. Each MyEpic 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 Epic Wings 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, are also excluded from a purchase total when computing qualifying purchases.
If you void or cancel a qualifying purchase credited toward accumulation of points, Epic Wings reserves the right to deduct the points associated with that purchase from your account.
REWARDS
List of Reward Items & Reward Points (as of 6/12/23)
Once a MyEpic Rewards participant accumulates the number of points needed for a Reward, the participant can redeem their points in the Rewards Exchange section of their account. Once points are redeemed, the corresponding Reward will be automatically added to the participant’s account. When a Reward is added to a participant’s account or otherwise redeemed, the points associated with that Reward will be deducted from the account.
Rewards that consist of Epic Wings menu items are valid at participating Epic Wings restaurants in the United States, subject to availability. Epic Wings may offer participants various other opportunities to use or redeem their points. Points surrendered to Epic Wings in exchange for Epic Wings making a donation to a specified charity are not tax deductible. Additional terms and conditions, if any, that are particular to the opportunity will be provided in conjunction with the offer, but such opportunities will otherwise constitute a Reward that is governed by these MyEpic Rewards Terms. Once your points have been redeemed, they are gone and there are no refunds, returns or exchanges for additional points, cash, or other goods and services, even if you return the Reward or other item(s) that your points were redeemed toward.
Except as otherwise provided in these MyEpic Rewards Terms or in the terms communicated in conjunction with a particular Reward, REWARDS EXPIRE 60 DAYS after they have been added to a participant’s account and will be removed from the account at the time of expiration. Redemption of Rewards is subject to availability of the selected Rewards at the time of redemption. A digital Reward coupon associated with a valid MyEpic 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 MyEpic Rewards Terms from time to time.
TRACKING YOUR ACCOUNT
MyEpic Rewards participants can view and track qualifying purchases and available Rewards by logging into the participant’s account at order, via Epic Wings.com/account/login or via the Epic Wings mobile ordering app. Epic Wings 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 and at any time. REWARDS POINTS EXPIRE AFTER ONE-YEAR OF ACCOUNT INACTIVITY (i.e., no qualifying purchases), unless sooner expired for non-use after 60 days or terminated because of an account being deactivated as provided herein.
SPECIAL OFFERS
Epic Wings may from time to time in its sole discretion make available to participants in MyEpic Rewards the opportunity to earn additional points or other program features, through special offers, challenges, bonuses, or other promotions. The terms, conditions, and benefits applicable to any such special offers are determined by Epic Wings in its sole discretion and will be communicated to participants in conjunction with any such offers. Because any terms and conditions associated with any special offers under MyEpic Rewards may be different from or in addition to provisions of these MyEpic 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 MyEpic Rewards card, ID number, scannable code or other identifier associated with the MyEpic 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 MyEpic Rewards account.
Epic Wings’ determinations of participant eligibility or any questions or disputes arising under the MyEpic Rewards Program, these MyEpic Rewards Terms or any other MyEpic 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 MyEpic Rewards Terms, nothing in these MyEpic Rewards Terms will limit Epic Wings from exercising any legal or equitable rights or remedies that it may have.
Without notice to you, Epic Wings reserves the right to suspend and/or terminate any MyEpic Rewards account and/or your participation in MyEpic Rewards if Epic Wings determines in its sole discretion that you have violated these MyEpic Rewards Terms, you have more than one MyEpic Rewards account, or that the use of your MyEpic Rewards account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these MyEpic Rewards Terms. Epic Wings may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. If your participation in MyEpic Rewards is terminated, then all accumulated points and Rewards in your account will be removed and become void.
There are no membership fees associated with MyEpic Rewards, although use of online services in conjunction with participation in MyEpic Rewards programs may result in data charges, internet access fees or similar expenses. Points, Rewards, account status and other benefits accumulated under the MyEpic 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. Points are earned on the total amount spent before tax. Alcohol and Gift Card purchases are excluded.
There may be a limited number of Rewards available, and those Rewards will be delivered on a first-come, first-served basis. Epic Wings reserves the right to modify, amend or revise Rewards made available at any time and without notice. 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 or revised, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Epic Wings or the third party supplying the Reward. Epic Wings reserves the right to substitute Rewards of comparable or greater value. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other MyEpic Rewards materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.
Epic Wings 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 MyEpic Rewards. If, for any reason, the MyEpic 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 Epic Wings which corrupt or affect the administration, security, fairness, integrity or proper conduct of any MyEpic Rewards program, Epic Wings reserves the right in its sole discretion to cancel, terminate, modify, or suspend the MyEpic Rewards program or otherwise respond to the circumstances as Epic Wings deems appropriate.
CHANGES TO MYEPIC REWARDS
Epic Wings reserves the right to change, update and/or discontinue, in whole or in part, MyEpic Rewards or any portion of the program, all or any portion of these MyEpic Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to MyEpic 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 the MyEpic Rewards Terms, we will revise the “last updated” date located at the top of these MyEpic Rewards Terms. If you continue to participate in the MyEpic 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 MyEpic Rewards Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes; therefore, you should review these MyEpic Rewards Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to MyEpic Rewards. If you do not agree to the MyEpic Rewards Terms, you must stop participating in MyEpic 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 Epic Wings, its parent, subsidiary, or affiliated entities, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “MyEpic Rewards Entities”) arising in whole or in part out of or relating in any way to MyEpic Rewards, points or any Reward, transactions that result in the earning or redemption of MyEpic Rewards points, your participation in the MyEpic Rewards program, these MyEpic Rewards Terms or the scope or applicability of this agreement to arbitrate (each, a “MyEpic 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 MyEpic Rewards Disputes are resolved. You agree that whenever you have a MyEpic Rewards Dispute, you will send a written notice to Epic Wings (“Demand”). You agree that the requirements of this paragraph will apply even to disputes that may have arisen before you accepted these MyEpic Rewards Terms. You must send the Demand to the following address (the “Notice Address”): MyEpic Rewards Legal Disputes, Epic Wings 12075 Carmel Mountain Rd. Ste 201 San Diego, CA 92128. 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 MyEpic 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 San Diego, California; (4) the arbitrator’s decision shall be controlled by these MyEpic Rewards Terms and any of the other agreements referenced herein that the applicable user may have entered into; (5) the arbitrator shall apply California 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) no claims shall be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable MyEpic Rewards Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties whether similarly situated or not; (7) the arbitrator shall not have the power to award punitive damages against you or any MyEpic Rewards Entity; (8) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Epic Wings 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 MyEpic Rewards Entity shall be required to arbitrate their dispute. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial. 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 EPIC WINGS ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE MYEPIC REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE EPIC WINGS 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 MYEPIC REWARDS PARTICIPANT PROVES THAT EPIC WINGS 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 MYEPIC REWARDS PROGRAM, EACH MYEPIC 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 MYEPIC 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.
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