Effective Date: June 7, 2021
- eliminate your right to a trial by jury; and
- substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
Changes To Terms
About 500 Ocean Cafe Rewards
Joining 500 Ocean Cafe
Exclusions to Earning Points; Participating Stores Only
Redeeming Points for Rewards
Points Redemption may vary; Participating stores only
Exclusions to Points Redemption
CHANGES TO TERMS
ABOUT 500 OCEAN CAFE REWARDS
500 Ocean Cafe Rewards is one way in which 500 Ocean Cafe endeavors to reward and thank loyal customers for patronizing our business and purchasing 500 Ocean Cafe products. 500 Ocean Cafe Rewards members are able to earn and accumulate “Points” that can be redeemed for 500 Ocean Cafe Rewards benefits (“Rewards“) at 500 Ocean Cafe.
JOINING 500 OCEAN CAFE REWARDS
To join 500 Ocean Cafe Rewards, go to www.500OceanCafe.com/rewards or 500OceanCafe.com (“Websites”), or to the 500 Ocean Cafe mobile app (“App”) and follow the prompts to create an account. You will be required to provide the following information:
- First and last name, email address and password.
- Birthday (month, day) is optional to receive birthday offers. If you do not provide birthday information you will not receive your Birthday Reward.
When you join 500 Ocean Cafe Rewards, you automatically be registered with 500 Ocean Cafe Reward Program with a zero dollar ($0.00) balance. You can add points by making a purchase in person at 500 Ocean Cafe location, through online by going to www.500OceanCafe.com/ and logging into your account, or through the App.
The Rewards that are available to you through 500 Ocean Cafe Rewards are based on the number of Points that you earn. You can earn Points by making purchases at 500 Ocean Cafe stores in the United States:
- Paying for your purchase at 500 Ocean Cafe. When you pay on 500 Ocean Cafe website or App, you will earn 2 (two) Points for every $1 (one) U.S. Dollar you spend at our cafe. You will also earn 2 Points for every $1 (one) U.S. Dollar spent when you a) pay in-person at our café with your registered name and email address or b) by loging in to your account on our website or App.
If you use more than one payment method in a single transaction, you will earn Point based on the earn rate associated with each payment. For example, if your beverage is $6 and you pay $3 with cash and $3 with a credit card, you will earn a total of 12 Points
EXCLUSIONS TO EARNING Points; 500 Ocean Cafe ONLY
You may not earn Points in connection with certain types of beta or promotional programs, or on purchases made with a 500 Ocean Cafe Reward Points (defined below) or other forms of service recovery coupons. Points may be earned at 500 Ocean Cafe only, and certain stores only have the ability to award Points for 500 Ocean Cafe transactions (not for cash, credit card, debit card or mobile wallet transactions). In addition, you cannot earn Points on purchases of alcoholic beverages at 500 Ocean Café location, website, or App (such as activations, reloads, transfers, and other card-to-card transactions). Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, also may be excluded and ineligible for Points accrual.
For information about how 500 Ocean Cafe handles returns, please read our Return Policy. Your Points balance may be impacted by returns as follows:
- If you void a purchase, 500 Ocean Cafe will deduct the Points that you earned for that purchase, potentially resulting in a negative Points balance on your account.
- If you return merchandise, packaged coffee, food or tea that you purchased at 500 Ocean Cafe (note: an original receipt) your funds will be returned to you on the card you used to pay for the returned item.
- If you return products purchased with a credit card, debit card, mobile wallet or cash (note: an original receipt or gift receipt is required), 500 Ocean Cafe may deduct the Points earned in connection with your purchase, potentially resulting in a negative Points balance. You may be required to provide the physical credit card, debit card, or mobile wallet in order for 500 Ocean Cafe to process the refund.
Unless otherwise noted, Points are automatically added to your account within twenty-four (24) hours of your eligible purchase and expire six (6) months after the calendar month in which such Points were earned. For example, if you earn Points on December 15, 2020, they will expire on July 1, 2021. The oldest accrued Points will be used first for redemptions. You can view and track your Points balance and available Rewards, as well as any additional benefits for which you are eligible as a 500 Ocean Cafe Rewards member, on https://app.500 Ocean Cafe.com or by using the App.
REDEEMING POINTS FOR REWARDS
Points may be redeemed for complimentary 500 Ocean Cafe items at 500 Ocean Cafe stores in the United States. 500 Ocean Cafe Rewards offers different Rewards based on different Points redemption tiers. Note that the Rewards available and Points redemption tiers may vary, and that 500 Ocean Cafe may adjust the items included in each tier at any time in its sole discretion. The Points redemption tiers for redeeming Points at 500 Ocean Cafe in the United States are as follows:
- 100 Points may be redeemed for $5 off for all items selling at 500 Ocean Café. (See exceptions below)
OTHER IMPORTANT POINTS REDEMPTION INFORMATION AND EXCLUSIONS
Points may be redeemed at 500 Ocean Cafe stores and are ineligible to be redeemed for the following items: alcoholic beverages and Odyssey Elixir Energy Drinks
You cannot redeem multiple 100 Points or $5 off within a single order. For example, you cannot redeem 100 Points for a hot brewed coffee and another 100 Points for added syrup within a single beverage order.
ADDITIONAL BENEFITS OF 500 OCEAN CAFE REWARDS
As a 500 Ocean Cafe Rewards member, you may be eligible for the following additional benefits.:
- Birthday Reward. On your birthday (as indicated in your 500 Ocean Cafe Rewards account), you will receive one (1) complimentary handcrafted beverage OR one (1) complimentary food item OR one (1) complimentary ready-to-drink bottled beverage (“Birthday Reward“). Your Birthday Reward may be redeemed at our 500 Ocean Cafe only and excludes: multi-serve food or alcoholic beverages or any of the Odyssey beverage. To qualify for your Birthday Reward, you must join 500 Ocean Cafe Rewards at least seven (14) days prior to your birthday, provide your birthday in your account information, and make at least one Points-earning transaction prior to your birthday each year. Your Birthday Reward will be automatically added to your account on your birthday and is valid only on that date. You must present your registered 500 Ocean Cafe account in order to redeem your Birthday Reward. You can check to see if your Birthday Reward is available by accessing your account on www.500 OceanCafe.com/account or in the App.
- Refill(s) of hot or iced brewed coffee and tea. 500 Ocean Cafe Rewards members may receive refills of hot or iced brewed coffee or tea during the same store visit at 500 Ocean Cafe for 50% off. To be eligible for 50% off refill(s) of hot or iced brewed coffee or tea, you must present your registered 500 Ocean Cafe account in order to redeem your Birthday Reward..
- Early or extended access to certain promotions and offers. 500 Ocean Cafe may offer 500 Ocean Cafe Rewards members early or extended access to special menu items or discounts at our cafe. You may take part in these offers by paying through your 500 Ocean Cafe account (website or App).
- Personalized offers and coupons. Special offers may be distributed by email, through the App (including via push notifications), or by physical mail. You may be required to opt-in and activate special offers via the App or via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from 500 Ocean Cafe and you may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus Points. 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.
500 Ocean Cafe reserves the right to change or suspend the number and type of benefits offered to members of 500 Ocean Cafe Rewards in its sole discretion at any time.
OTHER IMPORTANT INFORMATION YOU SHOULD KNOW
There are no participation or membership fees associated with 500 Ocean Cafe Rewards. Points accrued in connection with 500 Ocean Cafe Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with 500 Ocean Cafe Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by 500 Ocean Cafe.
Your Points, Rewards, registered 500 Ocean Café account, and 500 Ocean Cafe Rewards account 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) 500 Ocean Cafe Rewards account that is personal to you.
Without notice to you, 500 Ocean Cafe also reserves the right to “unregister” and make ineligible for 500 Ocean Cafe Rewards any 500 Ocean Cafe Points or account that has been inactive for two (2) consecutive years. Inactivity is defined as no Points earned during such two (2) consecutive year period. In the event that your 500 Ocean Cafe Rewards or account is unregistered or rendered inactive, all accrued Points in your account are void.
500 Ocean Cafe reserves the right to change, modify, discontinue or cancel 500 Ocean Cafe Rewards or any part of the 500 Ocean Cafe Rewards program, at any time and in its sole discretion, without notice to you.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at https://500OceanCafe.com/contact/ to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, 500 Ocean Cafe will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.