In order to register for the Denny’s Diner Perks Loyalty Program ("Loyalty Program") and to access and use the Loyalty Program website ("Site"), you must agree to these Terms and Conditions as follows:
Eligibility: The Loyalty Program is only available to legal residents of the United States and the District of Columbia. Only one account is allowed per Member and a maximum of four accounts are allowed per household. This is a trial test pilot program currently being offered in Seattle, WA and Buffalo, NY areas, Fresno CA, Miami FL, and Las Vegas NV only.
Enrollment: New member sign-up and card registrations end as of 3/1/2017.
Earning Rewards: Members earn "Points" by making qualifying purchases at Denny’s restaurants; Points will not be earned for any taxes, gratuities, or delivery charges paid, for purchases of gift cards or for purchases made with Rewards Dollars. Denny’s in its sole discretion may also award Points and other rewards, e.g., free food, for the Member’s specific behavior or special events. Members can earn points through 4/1/2017.
"Hurdle Rate:" For every $60 in qualifying purchases, a Member will earn $5 in Rewards Dollars. The Hurdle Rate is subject to change and any change will be reflected in the updated Terms and Conditions, as contemplated herein.
Redemption: Rewards Dollars may be redeemed for food and beverages sold at Denny’s restaurants through the program ending date of 4/30/2017. It may not be redeemed for purchases of gift cards, tax, gratuity, cash or delivery charges. Members may redeem more than $5 Rewards Dollars for a single purchase. Rewards Dollars may not be redeemed during the same visit in which the Hurdle Rate is reached.
Expiration: Rewards Dollars expire 30 days after being earned by reaching a Hurdle Rate, while other rewards may expire as indicated on the reward.
Sweepstakes, Contests and Other Promotions: The Loyalty 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.
Lost Rewards Card: Report a lost Diner Perks Card to Denny’s at 1-800-733-6697 or dennys.com. Denny’s will not be responsible for Rewards Dollars or other rewards redeemed by an unauthorized user of the Diner Perks Card.
Suspension/Termination of Membership: Denny’s reserves the right in its sole discretion to suspend a Member’s membership in the Loyalty Program in the event of any suspected misconduct, including suspending the Member’s ability to redeem Reward Dollars and/or other rewards earned in connection with his/her membership in the Loyalty Program. If Denny’s 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 Rewards Dollars and/or other rewards earned in connection with his/her membership in the Loyalty Program.
Modification of Terms and Conditions: Denny’s reserves the right in its sole discretion to modify at any time these Terms and Conditions. Any such changes are effective immediately and the Member’s continued enrollment in the Loyalty Program and/or use of the Site confirms that he/she accepts the changes and agree to be bound by them.
Termination of Loyalty Program: Denny’s reserves the right in its sole discretion to terminate the Loyalty Program. If the Loyalty Program is terminated, Members will no longer earn Rewards Dollars or other rewards. Any Rewards Dollars or other rewards will expire as stated on the Rewards Dollars or other rewards, unless otherwise provided for herein.
Ownership of Site Content: All of the contents of this Site are owned and copyrighted by Denny’s and are protected as intellectual or proprietary property. Use of any of the Site content without prior consent by Denny’s is strictly prohibited.
Limitation of Liability and Disclaimer: Members use the Site at their own risk. Denny’s is not liable for any direct, indirect, special or other damages or losses that may result from the Member accessing this Site or using information, services or merchandise provided through Denny’s. This Site and the information included on the Site are provided by Denny’s "as is" without any warranty of any kind either expressed or implied. Denny’s 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 related to participating in the Loyalty Program. Denny’s liability for Rewards Dollars or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other Rewards Dollars or reward, while supplies last.
Release: Member hereby releases and agrees to indemnify and hold harmless Denny’s 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, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the Member’s participation in the Loyalty Program, or the receipt, use or misuse, of Rewards Dollars or any other reward.
Choice of Law: These Terms and Conditions are governed by and are to be construed in accordance with the laws of the State of South Carolina.
Disputes to Be Resolved Through Arbitration: Except where prohibited by law, by participating in the Loyalty Program, the Member agrees that any action arising out of or relating in any way to the Loyalty 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 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 and Conditions and any of the other rules referenced herein. The arbitrator shall not have the power to award punitive damages against Denny’s 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) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; and (b) 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. If any provision or provisions of these Terms and Conditions 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.