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Cider Bite's InCider Rewards

TERMS & CONDITIONS

These Terms and Conditions (collectively, the “Terms”) govern all access to and participation in the Cider Bite InCider Rewards loyalty program (“Rewards”), a promotional program sponsored by Cider Bite LLC (“Cider Bite”, “we” and “us”), and offered as a benefit to our customers who register for the program (each, a “ Member” or “you”). Please read these Terms carefully. Eligibility to participate in Rewards requires that you agree to these Terms.

PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN REWARDS MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 9 BELOW.

Cider Bite reserves the right to modify these Terms from time to time without notice to you, by posting a revised version of the Terms on this website (https://www.ciderbite.com/inciderrewards). It is your responsibility to review the Terms periodically to be aware of any such changes.

  1. Eligibility

1.1 You must be an individual and 21 years of age or older to be eligible to participate in Rewards. Corporations, charities, associations or other entities may not participate in Rewards.

1.2 Cider Bite reserves the right to approve, deny or revoke your membership in Rewards at any time, for any or no reason, in our sole discretion.

1.3 There is no fee to sign up for Rewards (but, as set forth below, qualifying purchases are required in order to earn stars and rewards under the Rewards program).

  1. Earning Stars

2.1 You will earn stars in the Rewards program at the rate of 1 star for each $1.00 that you spend on draft cider (excluding tax, gratuities, food, beer, wine, champagne, non-alcoholic beverages, other beverages, gift cards, merchandise, bottles, cans, pickup and delivery orders from third party platforms, and any other items not designated as “draft cider.”) at the Cider Bite Cider House in Portland, Oregon. Qualifying purchases include dine-in, take-out and curbside purchases made by you directly from Cider Bite, but excludes any purchases of Cider Bite draft cider ordered through a third-party service. Additional stars may be made available through special promotional offers (such as social media related offers), which will be subject to any additional terms and conditions set forth in the promotional offer.

2.2 Stars will not be earned on the dollar amounts of taxes and gratuities, or on purchases of food, beer, wine, champagne, non-alcoholic beverages, other beverages, gift cards, merchandise, bottles, cans, pickup and delivery orders from third party platforms, and any other items not designated as “draft cider.” On any purchase with a discount, stars will be earned on the qualifying purchase amount after deducting the discount. Also, unless available through a special promotional offer, stars will not be earned on any purchases of Cider Bite merchandise (i.e., items other than draft cider) through our website or at the Cider Bite Cider House.

2.3 Stars earned on each transaction will be based on rounding the qualifying amount of the purchase (i.e., excluding discounts, taxes, gratuities, and other excluded items listed above in section 2.2) down to the nearest whole number. For example, a $34.25 qualifying purchase amount will be rounded down to 34 stars and a $34.75 qualifying purchase amount will also be rounded down to 34 stars.

2.4 For stars to be recognized as earned (and added to your account) for a qualifying transaction at Cider Bite, you must do one of the following:

(i) place your pickup order directly through our website after inputting your account details and phone number prior to making payment, excluding any third-party service that may be linked through our website; or

(ii) provide your server, or any member of our cider crew providing you assistance at check-out, with the phone number linked to your account;

2.5 Stars are automatically added to your account within twenty-four (24) hours of your eligible purchase (if you have provided your server with the information noted above).

2.6 You will not earn stars on purchases made by any other person. Any stars sought to be added to your account from purchases made by others will be subject to removal from your account (and may result in all stars then in your account being forfeited, and your account being terminated), in Cider Bite’s sole discretion. Stars will not be earned on any purchases made prior to your registration for the Rewards program.

2.7 Stars in your account may not be transferred to other Rewards members.

2.8 Stars under Rewards have no cash value.

  1. Stars Expiration

3.1 All stars in your account will expire six (6) months after which such Stars were earned. The oldest accrued Stars will be used first for redemptions.

3.2 In addition, all stars in your account will immediately expire if Cider Bite revokes your membership, in our sole discretion.

3.3 Stars obtained through special promotional offers may have accelerated expiration schedules or other additional limitations. Any such limitations will be described in the special promotional offer.

3.4 Any stars added to your account through any computer virus, bug, tampering, intervention, fraud, or technological failure, or due to any other unauthorized compromise of Rewards, may be deleted by Cider Bite in our sole discretion.

  1. Rewards

4.1 For every 100 stars that you earn in Rewards, you will automatically be issued a non-transferable reward for $6.50 off a qualifying purchase of draft cider at Cider Bite or on our website (each, a “Reward”), and such stars will be deducted from your star balance.

4.2 Each Reward will generally show up in your account within three (3) business days after the associated 100 stars is earned.

4.3 If you earn 200 or more stars in one transaction, multiple Rewards will be issued simultaneously. (For example, if you earn 300 stars in one visit to Cider Bite, your account will be credited with three (3) $6.50 off Rewards at once in exchange for those 300 stars.) However, you can use only one (1) earned reward per transaction.

4.4 Each Reward will expire 6 months after the date of issuance.

4.5 A Reward may only be used on a purchase costing more than the total amount of the Reward being redeemed, after deducting all amounts for discounts, taxes, gratuities, gift cards, and other excluded items listed above in section 2.2.

4.6 Rewards are not transferable. Rewards issued to you may only be redeemed by you.

4.7 There is a limit number of one (1) Reward that you may redeem for any one transaction.

4.8 Rewards cannot be redeemed on the day that they are issued.

4.9 Cider Bite reserves the right, in our sole discretion, and on a prospective basis only, to modify Rewards issued under Rewards, or to substitute alternative rewards of comparable value, at any time and without notice.

4.10 No cash back will be paid on any Reward (unless otherwise required by law).

4.11 From time to time, we may offer special promotional rewards. These special rewards may have different expiration periods or other terms than the standard $6.50 off Rewards issued under the Rewards program.

  1. Stars Earned Six (6) Month Ago or More

5.1 Please note that stars earned six (6) months ago or more may be deleted from your account and are not eligible to be converted to Rewards. If you have six (6) month or older stars included in any reward, those older stars will expire and the reward will be removed from your account, unless you have at least 100 eligible stars that were earned less than six (6) months ago.

  1. Termination of Rewards

6.1 Cider Bite reserves the right to terminate the Rewards program at any time and without notice to you, in our sole discretion.

6.2 If the Rewards program is terminated, all stars and rewards earned will be deleted; and accounts and customer data may be deleted as well.

  1. General

Rewards members will receive a text message when they initially register for the Rewards program at Cider Bite, if they provide a valid mobile phone number. A link will be provided in that confirmation text message, which will provide direct access to their account and star balance. Please visit or contact Cider Bite to request a status text message containing your account link, if you did not receive, or do not still have the initial confirmation text; or if you need to update the mobile phone number on your account.

  1. Marketing Communications

8.1 Text Messages: When you enroll in Rewards, you are required to provide Cider Bite with your mobile phone number (along with other information, such as your first and last name, and e-mail address), which we will use to send you information about Rewards (including periodic updates about Rewards), as well as to send you promotional announcements and other marketing messages and information (including special offers) from time to time. You may elect, in your sole discretion, to receive (or to decline to receive) such text messages from Cider Bite. By agreeing to receive such text messages, you authorize Cider Bite, our subsidiaries and other affiliates, and third-party contractors to send you text messages, to the mobile phone number that you designate, regarding Rewards and other Cider Bite topics of interest. Standard text message service charges apply. You are not required to receive text messages to participate in Rewards. You can opt out of receiving any text messaging service that may be offered in conjunction with Cider Bite’s Rewards by texting “END” to text messages you receive from the program at any time. No purchase is necessary to opt in to receiving text messages.

8.2 Email Messages: You may elect, in your sole discretion, to receive (or to decline to receive) emails from Cider Bite. By agreeing to receive such emails, you authorize Cider Bite, our subsidiaries and other affiliates, and third-party contractors to send you email messages, to the email address that you provide. You may update this information by visiting or contacting Cider Bite. You may opt out of receiving marketing emails by clicking the removal link at the bottom of any email you receive from Cider Bite or by visiting or contacting Cider Bite. Please note that even if you opt out of our email marketing distribution list, we will still be authorized to send you transactional email messages about your account or account status and to issue you Rewards.

  1. Applicable Law

Any dispute, claim, or cause of action arising from this Rewards program or these Terms (“Dispute”) shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect or regard to any principles or doctrines of conflicts of law.

  1. Dispute Resolution; Class Action Waiver

YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF PARTICIPATING IN REWARDS.    

10.1 For any Dispute you have with Cider Bite or Rewards, you agree to first contact us, and to attempt to resolve such Dispute with us informally.

10.2 In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and we agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“ AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “ AAA Rules”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA website at http://www.adr.org.

10.3 You and Cider Bite agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in Portland, Oregon; (d) you will pay any filing fee or other costs of arbitration as required under the AAA Rules or as otherwise specified by the arbitrator; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) you will pay for any and all attorneys’ fees and expenses for both parties (yourself and Cider Bite), unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded by the arbitrator will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.

10.4 This provision will survive termination of Rewards or these Terms. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of Portland, Oregon.

  1. Disclaimers and Limitations of Liability

11.1 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, REWARDS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND CIDER BITE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

11.2 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CIDER BITE DOES NOT WARRANT THAT REWARDS, OR ANY APPLICATIONS THROUGH WHICH REWARDS IS PROVIDED, WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT REWARDS OR ANY RELATED APPLICATIONS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND CIDER BITE FURTHER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OR OTHER INFORMATION IN REWARDS OR ANY RELATED APPLICATIONS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

11.3 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CIDER BITE (AND ITS SUBSIDIARIES AND OTHER AFFILIATES) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN REWARDS OR ANY OTHER MATTER RELATED TO REWARDS, EVEN IF CIDER BITE OR A CIDER BITE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH REWARDS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN REWARDS. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.

  1. Privacy

Any personal information collected about you through Rewards, including without limitation any information about you collected through your engagement with Rewards, will be governed by our Privacy Policy, available at www.ciderbite.com/privacy, which is incorporated by this reference into these Terms.

  1. Miscellaneous

13.1 All Federal, State or other tax liabilities (if any) arising from your access to or participation in Rewards are your responsibility.

13.2 Nothing in these Terms will limit Cider Bite from exercising any legal rights or remedies that we may have.

13.3 These Terms shall be the sole terms of the agreement between you and Cider Bite regarding your access to or participation in Rewards, except that to the extent you access or use any of our websites, such use shall also be subject to our website terms of use available at www.ciderbite.com/terms.

  1. Contact Us

If you have any questions about Rewards, you may visit or contact us at Cider Bite, 1230 NW Hoyt Street, Suite A, Portland, OR 97209 or support at ciderbite dot com.

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