Effective Date: August 1, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE BOON BURGER REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT PARTICIPATE IN THE BOON BURGER REWARDS PROGRAM.

These Terms of Use apply to your access to, and participation in, the Boon Burger Rewards program (“Boon Burger Rewards”) which is operated by Boon Burger Corporation or their respective subsidiaries, licensees and affiliated companies (collectively, “Boon Burger”) in Canada. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Boon Burger for other products and services, such as Boon Burger Gift Cards.

Unless otherwise required by law, Boon Burger reserves the right to change, modify and/or eliminate Boon Burger Rewards and/or all or any portion of these Terms of Use or any policy, FAQ, or guideline pertaining to Boon Burger Rewards in accordance with this provision in its sole discretion. In the event these Terms of Use are amended, we will post the amended terms and conditions on our website. If the amendment entails an increase in your obligations or a reduction in our obligations, you may refuse the amendment and rescind, or cancel your participation in Boon Burger Rewards without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, at the address or email address indicated in the notice. Your continued participation in Boon Burger Rewards following any applicable notice period confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should review these Terms of Use and applicable policies and FAQs frequently to understand the terms and conditions that apply to Boon Burger Rewards. If you do not agree to the Terms of Use, you must stop participating in Boon Burger Rewards.

The Boon Burger Rewards program is intended for personal use only. Commercial use is prohibited. This program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and the age of majority in your jurisdiction of residence, you may only use Boon Burger Rewards under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Please read the Privacy Statement carefully to understand how Boon Burger collects, uses and discloses information about customers and how to update or change your personal information and how we communicate with you.

Boon Burger Rewards is one way in which Boon Burger endeavours to reward and thank loyal customers for patronizing our business, and purchasing Boon Burger® products. Members of the Boon Burger Rewards program are able to earn and accumulate “Boon Bucks” that can be redeemed for Boon Burger Rewards benefits, also known as “Rewards,” at participating Boon Burger® stores.

JOINING the Boon Burger Rewards Program

There are four (4) ways to enroll in Boon Burger Rewards and begin accumulating Boon Bucks:

Download the Boon Burger mobile app to your Android™ or iPhone® device. Follow the prompts to create a Boon Burger account. When you make your first purchase via the mobile app, your Boon Burger Rewards Program account will be activated

Signup at any Boon Burger participating location by speaking with a server.

Join Boon Burger Rewards through a special promotion, membership or other program that may be offered by Boon Burger from time to time. There may be additional terms and conditions applicable to these offers and programs, so please read them carefully.

The registration process may require that you provide the following information: username, password, email address (required in order to receive all eligible Rewards), physical address, telephone number, birthday (for special birthday rewards, name, and marketing preferences. All of your Boon Burger Gift Cards can be activated and applied to your account, but you may only have one (1) account that is personal to you.

EARNING Boon Bucks

The benefits that are available to you through Boon Burger Rewards are based on the number of “Boon Bucks” that you earn. You can earn Boon Bucks by making purchases at any Boon Burger participating location, or through the Boon Burger mobile app. You must let your server know that you have an account before paying.

You will earn Boon Bucks based on the value of your purchase at the rate of $0.08 for every $1 spent using your registered Boon Burger Rewards Program account. Boon Burger employees are not eligible to collect points. Some exclusions apply. For example, you cannot earn Boon Bucks on purchases of alcoholic beverages, some retail items or on Boon Burger Gift Cards (including activations, reloads, transfers, or any other card-to-card transaction). Taxes, tips, and fees, including without limitation, shipping and handling fees, delivery fees, and bag fees, may also be excluded and ineligible for points accrual. Boon Bucks may be earned and awarded in fractional amounts depending on the value of your purchase. Any qualifying purchase made using your registered Boon Burger Rewards account at participating stores will earn Boon Bucks as if the currency were expressed in Canadian Dollars.

Generally, Boon Bucks for qualifying purchases from participating stores are automatically added to your account within twenty-four (24) hours. From time to time, we may offer special promotions that offer you “Promotional Boon Bucks.” Promotional Boon Bucks, such as “bonus” Boon Bucks, will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.

If you void a purchase made with your registered Boon Burger Account, Boon Burger will deduct the Boon Bucks that you were awarded for that purchase, potentially resulting in a negative “Boon Bucks” balance on your account. If you return merchandise, retail items, packaged foods or in restaurant meals or drinks that you purchased with your registered Boon Burger Account (note: an original receipt or gift receipt is required), your funds may be returned to you on a Boon Burger store card – in this case, Boon Burger will not deduct Boon Bucks from your account. Boon Burger store cards may be used in any participating Boon Burger store.

If you use multiple forms of payment in one transaction, such as cash, credit card, or a Boon Burger Gift Card, the registered Boon Burger Gift Account that you use will be awarded a prorated number of Boon Bucks based on the eligible purchase amount that was applied to your registered Boon Burger account

Rewards may include:

Birthday Reward: You will receive one (1) complimentary food or beverage item as described below:

Available at participating Boon Burger stores – your choice of one (1) complimentary House Beverage (standard Boon Burger menu sizes only), OR (1) complimentary Soft Serve Sundae (standard Boon Burger menu sizes only)

To qualify for the birthday Reward, you must have provided your Birth Date, joined Boon Burger Rewards at least seven (7) days before your birthday and have made at least one transaction using your registered Boon Burger Account. The birthday Reward may be redeemed at participating stores.

Your birthday Reward will be automatically available on your birthday (that is, the birthday date of record that you provided in your Boon Burger account information), and is valid only on that date. You must present photo ID to a Boon Burger server at a participating store in order to redeem your Reward and receive your complimentary birthday item. You will receive only one (1) birthday Reward. Birthday Rewards are not redeemable through the Boon Burger mobile app.

If you have provided Boon Burger with a current, valid email address, you may receive a reminder email from Boon Burger approximately one (1) to three (3) days prior to your birthday (that is, the birthday date of record that you provided in your Boon Burger account information) indicating that your Reward is available to you.

Early or extended access to certain promotions and offers. Boon Burger may offer Boon Burger Rewards members early or extended access to special menu items or discounts. Members may take part in these offers by using their existing Boon Burger Rewards account at participating stores.

Personalized offers and coupons. Special offers may be distributed by email, or by physical mail. You must opt-in to receive promotional and marketing offers from Boon Burger and may be required to provide a valid email, telephone and physical address in order to receive your special offers. Special offers may be customized based on purchase behaviours and preferences. Special offers may include periodic discounts on food, beverages and merchandise, or the opportunity to earn “bonus” Boon Bucks. Special offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to present or pay with your registered Boon Burger Account in order to redeem special offers. Read each offer carefully for specific details, expiration dates, limitations and restrictions, and to learn when bonus Boon Bucks will be awarded to your account.

Bonus Bucks Days. You will be eligible to participate in occasionally offered  (1) Bonus Bucks Days. Boon Burger may notify you of Bonus Bucks Days via email, or by announcing in other ways, such as Boon Burger Social Media Accounts, or in-store promotional material. You must opt-in to receive promotional and marketing offers from Boon Burger and may be required to provide a valid email, telephone and physical address in order to receive notice of special event days.

MISCELLANEOUS

These Boon Burger Rewards Terms of Use complement and incorporate by reference the Boon Burger Gift Card Terms and Conditions. In the event of any conflict between the Boon Burger Gift Card Terms and Conditions and these Boon Burger Rewards Terms of Use, the Boon Burger Gift Card Terms and Conditions control.

There are no membership fees associated with Boon Burger Rewards. Boon Bucks accumulated under the program are promotional and have no actual cash value.

Your Boon Bucks, Rewards, registered Boon Burger Gift Cards, and your account under the Boon Burger Rewards Program 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 (1) Boon Burger Rewards account that is personal to you.

Without notice to you, Boon Burger reserves the right to suspend and/or terminate any Boon Burger Rewards program account and/or your participation in Boon Burger Rewards if Boon Burger determines in its sole discretion that you have violated these Terms of Use, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Boon Burger may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Boon Burger Rewards is terminated, then all accumulated Boon Bucks in your account are void.

Without notice to you, Boon Burger also reserves the right to “unregister” and make ineligible for the Boon Burger Rewards program any Boon Burger Gift Card or account that has been inactive for two (2) consecutive years, unless otherwise required by law. Inactive is defined as no Boon Bucks earned. In the event that your Boon Burger Gift Card or account is unregistered or rendered inactive, then all accumulated Boon Bucks in your account are void.

Boon Burger reserves the right to terminate, discontinue or cancel the Boon Burger Rewards program at any time and in its sole discretion without notice to you.