Rewards Terms & Conditions

Effective: 9/17/24

Great American Cookies and Marble Slab Creamery (“Company,” “we,” “us,” “our”) offers a co-branded rewards program in which consumers can earn rewards points for eligible purchases (the “Rewards Program”). These Rewards Terms and Conditions (“Rewards Terms”) details how you can participate, how to earn points, and more.

PLEASE READ THESE REWARD TERMS CAREFULLY. THESE REWARDS TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE REWARDS TERMS, THEN YOU CANNOT ACCESS OR PARTICIPATE IN OUR REWARDS PROGRAM.

SECTION 11 OF THESE REWARDS TERMS CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE REWARDS TERMS. IN PARTICULAR, SECTION 11 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 11 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

1. Information on the Rewards Program

These Rewards Terms apply to the Rewards Program and does not alter in any way the terms or conditions of any other agreement you may have with us for other products or services.

There are no participation or membership fees associated with the Rewards Program. Points accrued in connection with the Rewards Program are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of points accrued in connection with the Rewards Program cannot be combined with any other offers or discounts, unless otherwise expressly indicated by us.

Rewards Program members are able to earn and accumulate points that can be redeemed for Rewards Program benefits (“Rewards”) at participating Great American Cookie and/or Marble Slab Creamery stores. Unfortunately, not all of our stores have the ability to award or redeem points for Rewards at this time. To find the location nearest you that participates in the Rewards Program, download the Rewards app and navigate to the “Stores” section. Locations with the location icon greyed out are not participating.

For more information on the Rewards Program, please visit our Rewards Program FAQs at www.greatamericancookies.com/rewards and www.marbleslab.com/rewards.

2. Changes to Terms

We reserve the right to change or modify these Rewards Terms or any policy, FAQ, offer, promotion, benefit, or guideline pertaining to the Rewards Program, in whole or in part, at any time and in our sole discretion.

You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in the Rewards Program following any such changes or modifications confirms your acceptance. If you do not agree to these Rewards Terms, you must stop accessing and participating in the Rewards Program.

We reserve the right to change, modify, discontinue or cancel the Rewards Program, or any part of the Rewards Program, at any time and in our sole discretion, without notice to you.

3. Eligibility

By joining or using the Rewards Program in any way, or clicking on a button or taking similar action to signify your affirmative acceptance of these Rewards Terms, you hereby represent that:

  1. You have read, understand, and agree to be bound by these Rewards Terms and any future amendments and additions to these Rewards Terms, as published from time to time at this link or through the Rewards Program;
  2. You are 13 or older. If you are between the ages of 13 and 16, you may access and participate in the Rewards Program only under the supervision of a parent or legal guardian who agrees to be bound by these Rewards Terms;
  3. Your use of the Rewards Program shall be for your personal, non-commercial use only, and that you will not commercially exploit any portion of the Rewards Program. You may have only one (1) Rewards Program account that is personal to you;
  4. You have the authority to enter into the Rewards Terms personally. Except as otherwise provided herein, if you do not agree to be bound by the Rewards Terms, you may not access or use the Rewards Program; and
  5. You will comply with all applicable laws, including those of the country, state, and city in which you are present while using the Rewards Program.

4. Earning Points

The Rewards that are available to you through the Rewards Program are based on the number of points that you earn. You can earn points by making qualifying purchases at participating stores. You will earn 1 (one) point for every $ (one) U.S. Dollar you spend at participating stores. Taxes, tips, donations, and fees, including without limitation, delivery fees and bag fees, may be excluded and ineligible for point accrual.

5. Point Expiration

Unless otherwise noted, points are automatically added to your account within twenty-four (24) hours of your eligible purchase. The oldest accrued points will be used first for redemptions. You can view and track your point balance and available Rewards, as well as any additional benefits for which you are eligible as a Rewards Program member, online at https://iframe.punchh.com/customers/sign_up.iframe?slug=gacmsc or on the Rewards Program app.

6. Redeeming Points

Points may be redeemed for complimentary items at participating stores. POINTS CANNOT BE REDEEMED FOR CASH. The Rewards Program offers Rewards based upon points redeemed. Note that the Rewards available may vary by location, and that we may adjust the Rewards in our sole discretion. The Rewards offered for points earned are as follows:

  • 75 points: $5 off orders at participating stores.

7. Additional Benefits of the Rewards Program

As a Rewards Program member, you may be eligible for the following additional benefits:

  • Birthday Reward. On your birthday (as indicated in your Rewards Program account and valid only on that day), you will receive a free Cookie Cake Slice or Small Ice Cream valid in-store only. Your birthday Reward may be redeemed at participating stores only.
  • Welcome Reward. You are eligible to receive a FREE Cookie Cake Slice or Small Ice Cream valid in-store only with $10 minimum purchase and $5 off $20 valid online only when you first sign up for a Rewards Program account and verify your email address.

8. Privacy

We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to these Rewards Terms, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference. For further information, please also review our Notice of Finanical Incentive.

9. Indemnification

You agree to indemnify and hold us harmless, and our officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your misuse of the Rewards Program; (b) your violation of these Rewards Terms; or (c) your violation of any applicable laws, rules or regulations through or related to the use of the Rewards Program. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Rewards Program. You agree that the provisions in this Section will survive any termination of your account, these Rewards Terms, or your access to the Rewards Program.

10.  Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.  THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE REWARDS TERMS. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO REWARDS PROGRAM, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE REWARDS PROGRAM (INCLUDING ANY SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE REWARDS PROGRAM) ARE PROVIDED “AS IS” AND THAT WE MAKE NO WARRANTY THAT THE REWARDS PROGRAM WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE REWARDS PROGRAM WILL BE UNINTERRUPTED.

11.  Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 11 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

1. Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Rewards Program or as a consumer of our services, to any advertising or marketing communications regarding us or the Rewards Program, to any products or services sold or distributed through the Rewards Program that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or us may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Rewards Terms.

    IF YOU AGREE TO ARBITRATION WITH US, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

    2. Informal Resolution. You and we agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and us therefore agree that, before either you or we demand arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify us that you intend to initiate an informal dispute resolution conference, email [email protected] providing your username associated with your Rewards Program account (if any), the email address associated with your Rewards Program account (if any), and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

    3. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 9720 Wilshire Blvd, Suite 500, Beverly Hills, CA 30212. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of these Rewards Terms. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.

    4. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Rewards Terms (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and us.

    5. Waiver of Jury Trial. YOU AND US WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and us instead elect to have claims and disputes resolved by arbitration, except as specified in Section 11(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

    6. Waiver of Class or Consolidated Actions. YOU AND US AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor we are entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 12.

    7. Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against us, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with us and the arbitration provider to implement such a batch approach to resolution and fees.

    8. Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor we can force the other to arbitrate as a result of these Rewards Terms. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: [email protected]. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

    9. Survival. This Arbitration Agreement will survive any termination of your relationship with us.

    10. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.

      12. Exclusive Venue

      To the extent the parties are permitted under these Rewards Terms to initiate litigation in a court, both you and we agree that all claims and disputes arising out of or relating to the Rewards Terms will be litigated exclusively within the State of California for courts situated in Los Angeles County, California, or in federal court for the Central District of California.

      13.  Termination

      At our sole discretion, we may modify or discontinue the Rewards Program, or may modify, suspend or terminate your access to the Rewards Program, for any reason, with or without notice to you and without liability to you or any third party. We may also, in our sole discretion, suspend, cancel or combine Rewards Program accounts that appear to be duplicative. In addition to suspending or terminating your access to the Rewards Program, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Rewards Program is terminated, these Rewards Terms will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of the Rewards Terms.

      In the event that your participation in the Rewards Program is terminated, all accrued points in your account are void.

      14.  General

      1. Choice of Law. These Rewards Terms are governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
      2. Severability. Except as otherwise provided herein, if any provision of these Rewards Terms is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Rewards Terms, which shall remain in full force and effect.
      3. Electronic Communications. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
      4. Entire Agreement. These Rewards Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter

      15.  Contact Information

      For legal inquiries:

      Fat Brands

      Attn: General Counsel

      9720 Wilshire Blvd, Suite 500
      Beverly Hills, CA 90212

      For rewards inquiries:

      [email protected]