Denny’s® Rewards Program - Terms and Conditions

Effective: April 25, 2024

These Denny’s Rewards Program Terms and Conditions (“Terms”) apply to you, the individual consumer participant in the rewards program (“you” or “your”) and form a binding agreement between you and Denny’s, Inc. (doing business as Denny’s) that govern your participation in the Denny’s rewards program (“Program”). The Program offers participants the opportunity to enjoy special food and beverage offers. To join, you will need to create a Program account on www.dennys.com (our “Site”) or via the Denny’s mobile app (our “App”). Creating a Program account is free. Denny’s, Inc. (the provider of the Program) is referred to as “Denny’s,” “we,” “our” or “us” in these Terms. Individual Denny’s locations, which may be independently owned, are referred to as “participating locations” in the Program under these Terms and are not the provider of the Program. These Terms are specific to the program and supplement any other terms relating to your use of the Site or App.

PLEASE READ THESE TERMS CAREFULLY. YOUR PARTICIPATION IN THE PROGRAM IS SUBJECT TO THESE TERMS. YOU ARE DEEMED TO ACCEPT THESE TERMS WHEN YOU CREATE AN ACCOUNT WITH US OR OTHERWISE PARTICIPATE IN THE PROGRAM. THESE TERMS CONTAIN AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER FROM YOU, A DISCLAIMER OF WARRANTIES BY US AND LIMITATIONS ON OUR LIABILITY.

Please note:

• “Offers” means promotional offers at participating locations that may include a discount on food or beverages, free food, or such other “deals” as described in the individual offer. Offers may also include challenges or specific activities in which a user can engage to receive the “reward” described in the Offer. Offers may not be available in all locations. Offers may be limited by number available, where they can be used, and may expire according to their stated terms. Most offers will expire each month (or in such other time frame as we determine) and be replaced by additional, later offers. Each Program participant can see their available offers in “My Offers” when logged into their Program account on the Site or via the App. Users are responsible for all data or internet charges incurred to access the Program and their Offers online.


• Some Offers are redeemable in person at participating locations and/or online (via the Site or App). See the specific terms for each Offer to understand how it is redeemable. Each offer has its own unique terms and conditions. Failure to comply with the Offer terms may result in the Offer being forfeit.


• Offers to be redeemed at a participating location will include a QR code you will have 24 hours to use at the location to claim the Offer. If you do not use the QR code before it expires, you will need to log into our Program account again, reselect the offer, and receive a new QR code. 


• When redeeming an Offer online, it will appear in your cart at check-out and you will need to select it to apply to your cart.


• The terms associated with individual Offers and redeeming them on the Site or via the App form additional binding terms when you participate in the Program and are deemed to be part of these Terms. In the event of conflict between these terms and the Offer terms, the Offer terms will take priority.

1. Program.
   
   
   • Who is Eligible to Participate. Individuals 18 or older with an active Program account in good standing are eligible participate in the Program. Creating a Program account is free; create an account by visiting the Site or via the App. The Program, our Site and the App form part of our “Services,” and you represent to us you have the capacity to be bound by these Terms and will use the Services solely for your personal, non-commercial use, and not on behalf of anyone else or for commercial purposes.
   • How to See Offers. Any current Program account holder can see and use available Offers. You may have to select your preferred Denny’s location to see which Offers are available for that location. Not all locations participate in all Offers. Check under “My Offers” on the Site or via the App. We may also email you Offers from time to time. You are free to unsubscribe from promotional emails at any time within the email (from its unsubscribe link), but opting out of promotional emails does not limit us from communicating with you by email regarding your account and our Services on a transactional email basis. We may also text you Offers from time to time if you consented to receive Offers by text when you created your Program account or in your Program account settings. You may text STOP to an offer to stop receiving all texts from us.
   • How to Use Offers. Each Offer will have its own individual terms to redeem the Offer. For example, a minimum purchase may be required to use a dollars offer meal offer. Read them and follow them! That’s it! If you do not exercise an Offer before it expires, you will have forfeit the Offer. But don’t let that get you down – we expect to have new Offers later.
   • No Cash Value. Offers are not redeemable for actual cash and do not have independent cash value.
   • No Transfers. You cannot transfer your Program account to another person.
   • Inactivity. We reserve the right to close inactive accounts with no activity for 12 months or longer. You are welcome to create a new account later if your account was closed inadvertently for inactivity and you wish to resume participation in the Program.
   • Changes. We reserve the right to change, suspend or terminate the Program, including, without limitation, Offers, at any time without prior notice.
   • Account Closure. We reserve the right to cancel the Program account of a specific user at our discretion with or without cause. If we suspend or terminate the Program, notice will be provided on the Site, via the App or otherwise as we determine We reserve the right to deny you the right to create a new Program account if your account was closed due to violation of these terms, fraudulent activity, pretending to be someone else, or any other reason not in keeping with the good image of Denny’s.
   • Usage Data. To improve our Services, we may track how you use the services we provide, and whether you use the discount or coupon codes displayed in an Offer.
   • Corrections. We make efforts to correctly display Offers and other Program information, and reserve the right to correct any error in pricing or other details shown through the Services, provided that we do not represent that all errors will be corrected.
   • Availability. Not all Offers are available to users in every location; Offers could be limited by availability from participating locations. Offer redemption may also be dependent on available supply at a particular location (for example, if they sell out of the advertised product) over which Denny’s has no control.


2. Payments. If you make a purchase via the Site or App for which you exercise an Offer, please follow the payment terms notified to you at check out. If you use an Offer at a participating location, pay at that location as directed.


3. Limited Access Right to Users; IP Rights. Subject to these Terms, we grant users of our Services a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use the Services to participate in the Program via a computer or device controlled by you, the user, for lawful purposes. The Services are limited to use solely for an individual’s personal non-commercial use. The Services do not provide legal, financial, tax, health-related or other professional advice. The contents of the Services, including their "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. As between us and you, we and our licensors own all rights, including intellectual property rights, in our Services and reserve the right to enforce against any violations of these Terms or infringement or misappropriation of intellectual property rights.


4. Access Restrictions. Users of the Services are not permitted to: (a)  copy the Services; (b)  modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services or content available through the Services; (c)  reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code underlying the Services or any part thereof;  (d)  remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; or (e)  remove, disable, circumvent, or otherwise create or implement any workaround to any privacy protection, copy protection, rights management, or security features in or protecting the Services. Users of the Services do not acquire any ownership interest or intellectual property rights in or to the Services under these Terms, or any other rights thereto other than to use the Services subject to all of these Terms.


5. Collection and Use of Your Information. Personal information submitted to us for the Program and through our Services is subject to our Privacy Policy (at Privacy Policy | Denny's (dennys.com)). Users with a Program account are responsible for all activities undertaken using their login credentials to the account and agree to notify us immediately upon becoming aware that your login credentials have been lost, stolen or used without you authorization. You are responsible to ensure your contact information associated with your account is accurate and up to date.


6. Linked Account. We may allow you to register for a Program account through a third party account such as your Apple® account for example or such other third party platform as indicated from time to time (“Linked Account”). Third party services available for this option will be as then shown on the registration page. If you use a Linked Account to register with us, you represent the Linked Account belongs to you, and you are permitted to use it to link to our Services. Denny’s does not control the policies and terms of any third-party site or service, including any Linked Account you connect to our Services and we are not responsible for any actions or omissions of providers of a Linked Account, including related to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or through your Linked Account. If permitted by your Linked Account, we may import information from your Linked Accounts to help better offer the Services to you.


7. Technology Matters. Your access and use of the Services may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Services by us or our service providers. While we will make reasonable efforts to make the Services available to you, we do not promise that it will be available at all times. You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to participate in the Program.


8. Suspension. We may suspend, interrupt, terminate or limit any or all aspects of the Program without prior notice. You may not participate in the Program through fraud or deceit, robotic, artificial or illegal means, including by creating multiple or duplicate accounts, engaging in a bot network, spam, advertising or any paid promotional channel. Failure to comply with these Terms or any fraudulent actions may result in your account’s suspension.


9. Termination. These Terms will apply to you for so long as you access or use the Services. We may terminate the agreement formed under these Terms at any time without notice and concurrently make all access to the Services inaccessible. Your rights to use the Services under Section 3 of these Terms will terminate immediately and automatically without any notice requirement if you violate any portion of these Terms. Upon such termination, all rights granted to you under these Terms will also terminate and you must cease all use of the Services and delete our browser extension. Termination of your rights to access the Services will not limit any of our rights or remedies at law or in equity. Sections 3, 5, 9, and 10 through 17 shall survive expiration or termination of these Terms or your use of our Services.


10. Disclaimer of Warranties. THE SERVICES OFFERED BY DENNY’S ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DENNY’S FOR ITSELF AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO OUR SERVICES AND THE PROGRAM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.


11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DENNY’S, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:  (a)  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b)  DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED TEN ($10.00) DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR DENNY’S WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU


12. Indemnity. You agree to defend, indemnify, and hold harmless Denny’s, its affiliates, and its and their officers, directors, agents, licensees, employees, shareholders, and any third-party partners, from and against all damages, expenses, losses, costs, or any other claim or demand, including reasonable attorneys' fees, made by any third party relating to your breach of these Terms, or violation of any law or violation of the rights of any third party.


13. Entire Agreement. These Terms and the Privacy Policy (at Privacy Policy | Denny's (dennys.com)) comprise the complete agreement between Denny’s and Program participants (and supersede all prior or contemporaneous understandings and agreements, whether written or oral) with respect to the Program. If any provision of these Terms is illegal, invalid or unenforceable under applicable law, such illegal, invalid or unenforceable provision shall be deleted from these Terms and the remaining provisions will continue in full force and effect. These Terms and your Program participation is governed by and construed in accordance with the internal laws of the State of South Carolina, USA without giving effect to any conflict of law provision or rule.


14. Arbitration. Any controversy or claim arising out of or relating to these Terms or the Program shall be settled by arbitration, at your option: (i) in the U.S. county where you reside; (ii) in Spartanburg County, South Carolina; or (iii) via phone or video conference, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Each party shall bear its own costs in connection with the arbitration proceeding. For the avoidance of doubt, the foregoing arbitration provision does not apply to any action taken by Denny’s to enforce its intellectual property rights or to seek injunctive relief in court.


15. Waiver of Class Action. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users with respect to other accounts, bring mass, class action, or consolidated claims in arbitration or in a court of competent jurisdiction, or arbitrate or litigate any claim as a representative or user of a class or in a private attorney general capacity. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall only have the authority to resolve individual disputes between you and us.


16. Electronic Communications. You hereby agree to the use of electronic communications in order to enter into the agreement formed by accepting these Terms, to create other records and to the electronic delivery of notices between you and Denny’s with respect to the Program and these Terms, including but not limited to, via the App or over email.


17. Waiver & Amendment. Denny’s failure or delay to exercise any right under this Terms is not an ongoing or future waiver of that or any other right under these Terms. Denny’s may amend and update these Terms in the future and any such amendment will be effective upon the earliest of its posting of the updated Terms on or through the Services, or providing notice of the update to you otherwise. Your access or use of the Program or Program Offers after the effective date of any such amendment or update to these Terms constitutes your acceptance of the amended or updated Terms.


18. Contact Information. Direct Program questions to [email protected].