PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN BURGERS@ LOYALTY REWARDS PROGRAM (“THE CULTURE CLUB”), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN BURGERS@ LOYALTY REWARDS PROGRAM (“THE CULTURE CLUB”).

These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will:

• eliminate your right to a trial by jury; and

• substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to Burgers@ loyalty rewards program (“The Culture Club”) by electronic means, including posting such information and materials online at https://www.burgersatapollo.com.

ADDITIONAL TERMS
These Terms of Use apply to your access to, and participation in, the Burgers@ loyalty rewards program in the United States ("The Culture Club"), which is operated by Burgers@ LLC or its respective subsidiaries, licensees and affiliated companies (collectively, "Burgers@"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Burgers@ for other products or services, such as Burgers@ Gift Cards.

CHANGES TO TERMS
Burgers@ reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to The Culture Club, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.burgersatapollo.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in The Culture Club following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in The Culture Club.

PERSONAL USE
The Culture Club is intended for personal use only. Commercial use is prohibited. Must be 18 years or older to participate. The Culture Club is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 17, you may access and participate in The Culture Club only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

PRIVACY STATEMENT
As part of our effort to protect your privacy and to comply with applicable privacy and data protection laws, we strive to consider all of our data governance practices through the lens of the recognized principles of data minimization, limited collection, and limited use, among other key areas addressed below. We do so to respect and maintain your trust. In other words, we believe that taking care of you includes taking care of your data and privacy.

When you visit and use Burgers@ services, we collect the following categories of information:

• Identifiers – We collect information that can be used to identify you, such as your first and last name, phone number, email address, day and month of your birthday, and demographic information (such as gender).

• Financial Information – We may also collect information such as your credit card and debit card information, telephone number, and name.

• Commercial Information – We may collect information about your transactions in our stores, on our websites or via online ordering including what products you purchase, how frequently you purchase them, any Rewards or promotions associated with a purchase.

ABOUT THE CULTURE CLUB
The Culture Club is a loyalty rewards program which allows Burgers@ to reward and thank loyal customers for patronizing our business. The Culture Club members are able to earn and accumulate points that can be redeemed for rewards aka “Burgers@ Bucks” at participating Burgers@ restaurants.

JOINING THE CULTURE CLUB
To join The Culture Club, go to toasttab.com/burgersatapollo/rewardsSignup and follow the prompts to sign up. You will be required to provide your name, birthday (month and day), phone number, and email address. This information will be linked to your Culture Club account.

A new account will be created with the entered information and you will receive a welcome email or text, with a link to your digital Culture Club Card. A 25-point welcome bonus will be added to your loyalty account.

EARNING POINTS
The rewards that are available to you through The Culture Club are based on the number of points that you earn. You will earn 1 point for every $1 spent. Guests must earn 100 points before unlocking any rewards.

Points are only earned on pre-taxed, non-discounted amounts.

You can earn points by making purchases at participating Burgers@ restaurants in the following ways:

1. Earn through a linked card. When you pay for an order in-person with a credit card that has been linked to your loyalty account, you will automatically earn points for your order.

2. Earn by adding your Culture Club account to your in-person orders. When visiting our restaurant, a Burgers@ Team Member can add your loyalty account to your check so that you can earn points. Please note that this must be done prior to paying as there is no way to go back and add points after the check has been paid.

3. Earn through sign-in flows. If you try to sign up with an email address or phone number that already has a loyalty account attached to it, instead of signing up for a new account, the points will be earned towards the existing account.  

4. Earn through digital ordering. If you place an order through Online Ordering, Toast TakeOut, Toast Mobile Order & Pay™, or mobile payments, and use an email or phone number that has a loyalty account connected to it, you will earn points from that order toward that loyalty account. 

EXCLUSIONS TO EARNING POINTS
Points may not be earned on the following items:

• Alcoholic beverages

• Purchases of Burgers@ gift cards

• Burgers@ gift card reloads

• Catering menu items and services

• Hourly rates for closed private events

• Additionally, taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, also may be excluded and ineligible for point accrual.

RETURNS & REFUNDS
If you initiate a return, chargeback, or refund, points associated with the purchase may be revoked. You may check your current rewards balance by clicking the link you receive when you sign up for The Culture Club.


POINT EXPIRATION
Points earned through The Culture Club do not expire.


REDEEMING POINTS FOR REWARDS
Guests must earn 100 points before they can redeem any rewards. For every 100 points earned, guests unlock $7 in Burgers@ Bucks that will instantly be available to use towards future purchases at Burgers@ Apollo. Once your Burgers@ Bucks have been used/redeemed, those points will be removed from your Culture Club balance.

Points earned through The Culture Club have no cash value and cannot be transferred, redeemed, or sold for cash.


OTHER IMPORTANT INFORMATION YOU SHOULD KNOW
There are no participation or membership fees associated with The Culture Club. In addition, your redemption of points accrued in connection with The Culture Club cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Burgers@.

Your points and rewards (Burgers@ Bucks), 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.

Without notice to you, Burgers@ reserves the right to suspend any Culture Club card registered to your account and/or terminate your account and/or your participation in The Culture Club if Burgers@ determines, in its sole discretion, that you have violated these Terms of Use or that the use of your Culture Club account is unauthorized, deceptive, fraudulent or otherwise unlawful. Burgers@ may, in its sole discretion, suspend, cancel or combine Culture Club accounts that appear to be duplicative. In the event that your participation in The Culture Club is terminated, all accrued points in your account are void.

Without notice to you, Burgers@ also reserves the right to "unregister" and make ineligible for Culture Club accounts that have been inactive for one (1) consecutive year. Inactivity is defined as no points earned during such one (1) consecutive year period. In the event that your Culture Club account is unregistered or rendered inactive, all accrued points in your account are void.

Burgers@ reserves the right to change, modify, discontinue or cancel The Culture Club rewards or any part of The Culture Club loyalty rewards program, at any time and in its sole discretion, without notice to you.

THIRD-PARTY USE
The technology services used to enable the Burgers@ loyalty rewards program (The Culture Club) is provided by Toast, Inc. By enrolling in any loyalty program offered by Toast or by a Merchant (i.e., Burgers@) using Toast’s technology services, you expressly agree to Toast Guest Terms of Service in addition to the Merchant’s (i.e., Burgers@) terms of use outlined in this document. Any information shared by Toast with Merchants (i.e., Burgers@) is subject to Toast’s Privacy Statement.

ARBITRATION
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in The Culture Club, the digital Culture Card registered to your account, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in The Culture Club, or your relationship with Burgers@ or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Management Team via email at hello@burgersatapollo.com to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state of where the restaurant sides. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Each party will bear the costs associated with filing, administration and arbitrator fees; as well as fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

GOVERNING LAW
Any dispute arising from these Terms of Use or your access to or participation in The Culture Club will be governed by and construed and enforced in accordance with the laws of Maryland, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Prince George’s County, Maryland.

SEVERABILITY
If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.