ZIPSTER REWARDS™ — TERMS AND CONDITIONS
(Last Updated December 12, 2022) PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A ZIPSTER REWARDS LOYALTY ACCOUNT OR OTHERWISE PARTICIPATING IN THE ZIPSTER REWARDS PROGRAM, PARTICIPANTS AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE ZIPSTER REWARDS PROGRAM.
General Application of Terms; Privacy
How Zipster Rewards Works
How To Enroll
Zipster Rewards account registration may require participants to provide their first name, last name, password, email address (required in order to receive all eligible Zipster Rewards), mobile telephone number, and indicate their marketing preferences. At the time of registration, participants may also elect to provide other information, including their birthday. Zippy’s may periodically request additional information from participants to help it get to know participants better. Participants agree to provide true and accurate information and to ensure that information is up-to-date and accurate. Zippy’s is not responsible for any participant’s inability to receive or redeem Zipcoins, benefits, or other Rewards or any other loss arising from a participant’s failure to provide and maintain accurate contact information.
Participants may register for only one Zipster Rewards account, and additional accounts in their name or otherwise controlled by the same individual may be deactivated by Zippy’s in its sole discretion.
Points are automatically tracked at the time of the qualifying purchase, transaction, or activity. Participants may accumulate Zipcoins for any qualifying purchase made on and after their date of enrollment in Zipster Rewards. To receive credit for a qualifying purchase and accumulate Zipcoins, participants must present their Zipster Rewards account information (i) at the point-of-sale at a participating Zippy’s restaurant at the time of payment for a qualifying purchase transaction, or (ii) provided they are logged in to their Zipster Rewards account, at the time they place an order for a qualifying purchase at www.zippys.com or via the Zippy’s mobile ordering app. For purchases at Zippy’s restaurant locations with a QR code reader, participants should access their unique QR code through the Zippy’s mobile app and present it for scanning to their cashier at the time of checkout. For purchases at Zippy’s restaurant locations without a QR code reader, participants should inform their cashier of their Zipster Rewards account information. Zipcoins will not be awarded for purchases at www.zippys.com or on the Zippy’s mobile ordering app if ordering as a guest and not via any Zipster Rewards account.
Zippy’s reserves the right to retroactively award points not meeting these conditions in its sole discretion, but only upon provision of a valid receipt regarding such purchase; however, points will not be awarded for (i) purchases occurring prior to enrollment in Zipster Rewards; or (ii) purchases made more than thirty (30) days prior to a request made to Zippy’s for such credit. In no event will Zippy’s retroactively award points to any Zipster Rewards account for more than (a) two purchases on one transaction date; (b) two purchases within one calendar week; or (c) four purchases within one calendar month.
Participants will earn ten (10) Zipcoins for each $1.00 spent. To determine the number of Zipcoins earned in a transaction, the total eligible purchase amount will be rounded to the nearest dollar, with $x.49 rounding down and $x.50 rounding up for Zipcoin calculation (e.g., $1.49 = 10 Zipcoins, $1.50 = 20 Zipcoins).
In order to accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, or with a valid Zippy’s gift card. Purchases using other currency or promotional offers will not accrue points. Qualifying orders must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate points. Purchases of multiple menu items in a single transaction, may count as no more than one qualifying purchase.
Some exclusions apply. For example, purchases made through third-party delivery platforms and purchases of Zippy’s Holiday Meal Packages, alcoholic beverages, Zippy’s gift cards (including activations or reloads), and Zippy’s merchandise do not accumulate points. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees, and recycling deposits, will also be excluded from a purchase total when computing the qualifying purchase amount.
It may take twenty-four (24) hours or more for pending Zipcoins to be credited. Zipcoins are non-transferable and will expire 365 days from the date they are earned. Zippy’s reserves the right to deduct the points associated with a purchase from a Zipster Rewards account if the qualifying purchased is subsequently voided or cancelled.
Once a Zipster Rewards participant accumulates the number of Zipcoins needed for a Reward, the participant can redeem their Zipcoins in exchange for Rewards through any participating Zippy’s location. The Rewards are available for fast food take-out and dine-in meals. The Rewards and corresponding number of Zipcoins required to redeem such Rewards are initially as follows:
|Points||Redeemed as Dine-In Reward||Redeemed as Fast Food Reward (Take Out Counter)|
|500||Regular Coffee, Large Soft Drink*, or Grilled Cornbread||Large Coffee, Regular Soft Drink*, or Grilled Cornbread|
|750||Apple Napple®, Coconut Napple®, Piece Fried Chicken, or Portuguese Sausage Omelette Sandwich|
|1,000||Chili with Rice, Chili Cheese Fries, or Breakfast Bento||Regular Chili with Rice or Chili Cheese Fries|
|1,300||Mini Spaghetti OR Mini Fried Chicken Plate|
|1,750||Korean Fried Chicken Plate, Zip Pac®, or Meat N’ Eggs|
* Excludes Orange Bang and Lilikoi Drink
Once points are redeemed for a Reward, the corresponding number of Zipcoins will be automatically deducted from the participant’s Zipster Rewards account. Zippy’s reserves the right to select the Rewards available to participants and determine the number of Zipcoins required to redeem any such Reward. The number of days each type of Reward, bonus or other offer is valid for varies. Details for each specific Reward available for any participant to redeem will be available in the “Redeem” section of their Zipster Rewards account.
After their first qualifying Zipster Rewards purchase, Zipster Rewards participants will receive as a sign-up bonus a one-time use coupon that may be used towards a rotating menu item and is valid for 365 days. Registered Zipster Rewards participants will also receive a one-time use coupon redeemable for a menu item within seven (7) days of the birthdate listed on their Zipster Rewards account. Coupons or rewards that consist of Zippy’s menu items may be redeemed at participating Zippy’s restaurants, subject to availability. A digital Reward coupon associated with a valid Zipster Rewards account will be required to redeem any menu item Reward.
Zippy’s may initiate other special promotions and issue other types of one-time use coupons as a part of Zipster Rewards throughout the year. Some Rewards may be added immediately, while others may be added within approximately 48 hours. Zippy’s may offer participants various other opportunities to use or redeem their points (e.g., for Zippy’s merchandise, or to allow a participant to indicate that he or she would like to surrender points to Zippy’s in exchange for Zippy’s making a donation to a specified charity). Additional terms and conditions, if any, that are particular to the opportunity will be provided in conjunction with the offer, but such opportunities will otherwise constitute a Reward that is governed by these Zipster Rewards Terms. Once a participant’s Zipcoins have been redeemed, they are gone and there will be no refunds, returns or exchanges for additional Zipcoins, points, cash, or other goods and services, even if the participant returns the Reward or other item(s) that their Zipcoins were redeemed toward.
Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in conjunction with the opportunity to redeem points for such Rewards, or added to these Zipster Rewards Terms from time to time. In addition, Rewards may be subject to the Hawaii general excise tax (if required to be paid under applicable law) and service fees (which will be paid to the restaurant staff) on the retail price of the redeemed food and drink items.
Tracking Zipster’s Rewards Account Information
Zipster’s Rewards participants can view and track qualifying purchases and available Rewards by logging into their account at https://www.zippys.com/ or via the Zippy’s mobile ordering app. Zippy’s reserves the right to change the number of points required to earn Rewards and/or the benefits associated with one or more Rewards in its sole discretion at any time.
Expiration of Points and Rewards; Inactive Accounts
Zippy’s reserves the right to cancel a participant’s Zipster Rewards registration if the participant’s Zipster Rewards account remains inactive for a period of two (2) years or more. Accordingly, once a participant enrolls in Zipster Rewards, if such participant does not make a purchase or engage in an activity for which the Participant will receive ZipcCoins within two (2) years after their initial registration or the last recorded purchase or activity for which the participant received Zipcoins, Zippy’s reserves the right to cancel their account. Participants understand and agree that cancellation by Zippy’s of a Zipster Rewards account will result in the cancellation of all Zipcoins and Rewards associated with that Zipster Rewards account and the inability to earn and/or redeem further Zipcoins and Rewards under such account.
Upon cancellation or termination for any reason, a Zipster Rewards account shall immediately cease, and such Zipster Rewards account may no longer accrue Zipcoins or Rewards. Zippy’s has no obligation to and shall not compensate participants for any unredeemed Zipcoins, Rewards, or other benefits offered under Zipster Rewards following cancellation. Because Zippy’s plans its communications in advance, it may take several weeks for a participant’s cancellation request to become effective. If participants who wish to cancel their enrollment continue to receive communications after expressing an opt-out preference, please notify Zippy’s so that it can investigate the situation.
Limitations, Restrictions And Other Terms
Other than as set forth in the Dispute Resolution section of these Zipster Rewards Terms, nothing in these Zipster Rewards Terms will limit Zippy’s from exercising any legal or equitable rights or remedies that it may have. Zippy’s shall be the sole arbiter in cases of suspected abuse, fraud, or violation of these Zipster Rewards Terms and any decision it makes relating to participant eligibility, termination, suspension, or other disabling of Zipster Rewards or a participant’s account (including, but not limited to, cancellation or suspension of Zipcoins, Rewards, or other offers) shall be final and binding and not subject to challenge or appeal. Should a participant object to any of these Zipster Rewards Terms, or any subsequent modifications thereto, or become dissatisfied with Zipster Rewards, participant’s sole remedy is to discontinue participation in the Zipster Rewards and properly cancel their account in the manner provided above. These Terms shall be governed by the laws of the State of Hawaii, without regard to conflict of laws provisions or principles.
Without notice, Zippy’s reserves the right to suspend and/or terminate any Zipster Rewards account and/or any individual’s participation in Zipster Rewards if Zippy’s determines in its sole discretion that such individual violated these Zipster Rewards Terms, has more than one Zipster Rewards account, or that the use of their Zipster Rewards account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Zipster Rewards Terms. Zippy’s may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that an individual’s participation in Zipster Rewards is terminated, then all accumulated Zipcoins and Rewards in their account shall be deemed void.
There are no membership fees associated with Zipster Rewards, although use of online services in conjunction with participation in Zipster Rewards may result in data charges, internet access fees or similar expenses. Zipcoins, Rewards, account status and other benefits accumulated under Zipster Rewards have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards used or obtained in this manner by any person or entity may be confiscated or cancelled.
There may be a limited number of a particular Rewards available, and those Rewards will be delivered on a first-come, first-served basis. Zippy’s reserves the right to modify, amend or revise the Rewards that are made available. Participants may not rely on the continued availability of a particular Reward. The number of points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Zippy’s. Zippy’s reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Zipster Rewards materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.
Zippy’s is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant’s or any other person’s computer or mobile device related to or resulting from participation in Zipster Rewards. If, for any reason, the Zipster Rewards program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Zippy’s which corrupt or affect the administration, security, fairness, integrity or proper conduct of Zipster Rewards, Zippy’s reserves the right in its sole discretion to cancel, terminate, modify, or suspend Zipster Rewards or otherwise respond to the circumstances as Zippy’s deems appropriate.
Changes to Zipster Rewards
Zippy’s reserves the right to change, modify or terminate the Zipster Rewards program, or any or all benefits under the Zipster Rewards program, or any policy pertaining to the Zipster Rewards program, at any time, for any reason, including its right to r change the expiration date or redemption value of Zipcoins or Rewards, merge the Zipster Rewards program with another program, or to adjust how Zipcoins or Rewards are received, calculated or redeemed. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to these Zipster Rewards Terms to the Zippy’s website or mobile app, and participants waive any right they may have to receive specific notice of such changes or modifications. If Zippy’s changes or modifies the Zipster Rewards Terms, Zippy’s will revise the “last updated” date located at the top of these Zipster Rewards Terms. Zippy’s may also attempt to notify participants in other ways. A participant who continues to participate in the Zipster Rewards program (through earning points, redeeming points, logging into their account or otherwise participating in Zipster Rewards in any way) after a change to these Zipster Reward Terms, will be deemed to have read, understood and unconditionally consented and agreed to such changes. Therefore, participants should review these Zipster Rewards Terms and applicable policies frequently to understand the terms and conditions that apply to Zipster Rewards. Any participant who does not agree to the Zipster Rewards Terms should stop participating in Zipster Rewards.
Dispute Resolution – Arbitration Agreement and Class Action Waiver
WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). PARTICIPANT AND ZIPPY’S EACH AGREE THAT PARTICIPANTS MAY ONLY BRING CLAIMS IN THEIR INDIVIDUAL CAPACITY ON THEIR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). Each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If Zippy’s believes that any claim filed by a participant is inconsistent with this limitation, then participant agrees that Zippy’s may seek an order from a court determining whether the claim is within the scope of this class action waiver.
If a court or arbitrator determines in an action between participant and Zippy’s that any part of this Dispute Resolution provision cannot be enforced, the rest of this Dispute Resolution provision will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Dispute Resolution provision (other than this sentence) will not apply to that claim (but will still apply to any and all other claims that a participant or Zippy’s may assert in that or any other action).
Limitations on Liability/Incontestability
BY PARTICIPATING IN ZIPSTER REWARDS, EACH ZIPSTER REWARDS PARTICIPANT AGREES THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO ZIPSTER REWARDS MUST BE SERVED AND FILED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THIS ONE (1) YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN THE DEFAULT STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY. AFTER SUCH ONE (1) YEAR PERIOD, THE AFFECTED CLAIM OR CAUSE OF ACTION WILL BE DEEMED WAIVED, AND THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.