Terms of Service and Terms and Conditions for the Firehouse Subs Rewards Program

Terms of Service

April 26th, 2023

These Terms of Service (the “Terms”) govern your use of any website, mobile or tablet application, digital in restaurant kiosk, or other online service or platform of Restaurant Brands International, Inc., or any of its companies, including without limitation the BURGER KING®, the FIREHOUSE SUBS®, the TIM HORTONS® and the POPEYES® restaurant brands (collectively, “RBI”), that provides an authorized link to the Terms (collectively, the “Services”), regardless of who owns or operates the Services or the restaurant you ultimately visit, as well as our interactions with you on third party platforms.

1. Binding Agreement

The Terms are a binding legal contract between you and RBI. Please read the Terms carefully before using the Services. Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.

We may modify the Terms at any time. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms. You must be 13 years or older to use the Services.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 12), DISCLAIMERS OF LIABILITY AND AN EXCLUSIVE REMEDY (SECTION 13), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 18). PLEASE READ THEM CAREFULLY.

2. Privacy

By using the Services, you acknowledge that you have reviewed and understand our Privacy Policy (https://www.firehousesubs.com/privacy-policy), and consent to the practices described in that policy.

3. Registration and Security

You may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. RBI has the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify RBI of any unauthorized use of your password or username or any other breach of security.

4. Prohibited Content and Activities

You may not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law. For example, you may not:

Impersonate any person or entity, or misrepresent your credentials or any information you provide;

Engage in unauthorized spidering, scraping, or harvesting of content, or use any other unauthorized means to compile information;

Harvest or otherwise collect or store any information (including personal information) about other users, including email addresses, without the express consent of such users;

Solicit, collect, transmit, store, or otherwise make available private information or personal information of any third party;

Use the Services to send commercial electronic messages or install a computer program on another person’s computer system;

Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;

Use any device, software, or program to interfere with the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;

Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Services, or use any tools for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools);

Use another's information, account, or password, except as expressly permitted;

Take any action that imposes an unreasonable load on our network or infrastructure;

Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems;

For the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services; or

Engage in any other conduct that restricts any person from using the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.

5. Intellectual Property

All content, code, software, and any other materials that are part of the Services other than any content you may submit (collectively, the “RBI Content”) is the property of RBI. You may use the Services and print copies of RBI Content only for noncommercial, informational, personal use, without modification, and only so long as you comply with these Terms.

Copyright and Other Intellectual Property Rights. RBI Content is protected under the copyright laws of the United States, Canada and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by RBI or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the RBI Content.

Trade and Service Marks. You acknowledge and agree that all RBI logos and marks as well as other proprietary materials depicted in connection with the Services and the RBI Content are the property of RBI and may not be used commercially without the prior written consent of RBI.

Marks used in connection with BURGER KING® restaurants, including without limitation, BURGER KING, BK, WHOPPER, HOME OF THE WHOPPER, HAVE IT YOUR WAY, Crescent Logo, Hamburger Logo, Heritage Grilling Man, Value Platform, BURGER KING & Crescent Logo YOUR WAY, KING JR, KING DEALS, BIG KING, BACON KING, CROISSAN’WICH, WHOPPER, and WHOPPER JR., are owned by Burger King Corporation and may not be used without its written consent.

Marks used in connection with TIM HORTONS® restaurants, including without limitation, TIM HORTONS, TIMBITS, ROLL UP THE RIM TO WIN, and ICED CAPP, are owned by Tim Hortons Canadian IP Holdings Corporation and Tim Hortons USA Inc. and may not be used without their written consent.

Marks used in connection with POPEYES® restaurants, including without limitation, POPEYES and POPEYES LOUISIANA KITCHEN, are owned by Popeyes Louisiana Kitchen, Inc. and may not be used without its written consent.

Marks used in connection with FIREHOUSE SUBS® restaurants, including without limitation, FIREHOUSE SUBS, CAPTAIN SORENSEN’S, HOOK & LADDER, FIREHOUSE HERO,  FIREHOUSE PUBLIC SAFETY FOUNDATION, RAPID RESCUE, and WELCOME TO FIREHOUSE, are owned by FRG, LLC and may not be used without its written consent.

Notice of Infringement. If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:

An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

Identification of the copyrighted work or a representative list of the works claimed to have been infringed;

Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;

Your name, address, telephone number, and email address, so that we may contact you if necessary;

A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

RBI’s designated agent for notice of claims of copyright is:

Restaurant Brands International US Services LLC

Attn: Legal (DMCA Copyright Infringement)

5707 Blue Lagoon Drive

Miami, Florida 33126

United States of America

Email: copyrightdmca@whopper.com

Embedding Content. The Services may allow you to embed RBI Content into other web pages. All use of embedded RBI Content must be for noncommercial purposes only, and may be disabled by RBI at any time and for any reason.

6. Social Media Integration

The Services may offer opportunities for you to transmit content via third-party social networking websites and products. Any use of third-party social networking features is subject to the terms of use of the applicable third-party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

7. User Submissions

Certain areas of the Services may enable you to publicly post comments, send emails, or otherwise submit information to us. You remain fully responsible for the content that you provide in connection with the Services, including information, audio recordings, videos, photographs, documents, or any other materials (“User Content”). In addition to complying with Section 4, you agree not to provide User Content that:

Infringes or violates the copyright, trademark, patent, or other intellectual property right of any person or entity;

Is false, misleading, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually explicit;

Violates any person or entity’s right to privacy or publicity;

Contains advertising or a solicitation of any kind;

Personally attacks or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;

Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;

Transmits, stores, or otherwise makes available a virus, Trojan horse, worm, spyware, bot, or other harmful programming routine;

Makes available material of a commercial nature or sends, causes or permits to be sent commercial electronic messages, including but not limited to advertising, promotions, junk mail, spam, pyramid schemes, chain letters, or solicitations of any kind;

Violates any applicable law, or advocates illegal activity.

Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party's intellectual property rights, of the third party's right to privacy, or of any other applicable local, provincial, state, national, or international law.

If the Services permit you to submit User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty-free, irrevocable, perpetual, nonexclusive, worldwide, fully sublicensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.

If you are under the age of 13, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.

8. Links and Third Party Content

The Services may contain links to other websites or online services that are not under the control of RBI. Such links do not constitute an endorsement by RBI of those other websites or online services, the content they display, or people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.

We may incorporate third party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that RBI assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by RBI.

You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

9. Giftcards

RBI may allow you to purchase a stored value card through the Services. Your purchase and use of a Giftcard is subject to the applicable Giftcard Terms & Conditions and is accepted at select participating restaurants.

10. Mobile Payment and Mobile Ordering

You may be permitted to participate in certain functionalities of the Services which allow you to use a device to order and pay for certain products from any RBI brand restaurant at or prior to arrival at the participating restaurant location (“Mobile Ordering”) in the same manner as is possible with a Giftcard (“Mobile Payment”). Mobile Payment is subject to the applicable Giftcard Terms & Conditions and is accepted at select participating restaurants. RBI reserves the right at any time to discontinue Mobile Ordering or Mobile Payment, or to change the location of restaurants or markets offering or participating in Mobile Ordering or accepting Mobile Payment at any time.

11.Termination

In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. RBI is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Errors will be corrected when discovered and RBI reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).

Otherwise applicable sections of these Terms shall survive termination. RBI also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the RBI Content.

12. Governing Law, Arbitration, and Class Action Waiver

Except where prohibited by applicable law, which may include the Province of Quebec, the following terms apply to all legal disputes between you and RBI. These Terms are governed by the laws of the United States and the State of Florida, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, which may include the Province of Quebec, by using the Services, you waive any claims that may arise under the laws of other states, provinces, countries, territories, or jurisdictions.

Except where prohibited by applicable law, which may include the Province of Quebec, with respect to any and all disputes arising out of or relating to the Services or these Terms (including without limitation the Privacy Policy), RBI and you agree to negotiate in good faith to achieve a mutually satisfactory resolution. If you and RBI do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR RBI WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Except where prohibited by applicable law, which may include the Province of Quebec, all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that RBI may seek any interim or preliminary relief from a court of competent jurisdiction in New York, necessary to protect its rights or property pending the completion of arbitration. In the event a dispute cannot, by applicable law, be subject to binding arbitration, the parties hereto irrevocably submit to the jurisdiction of the state and/or federal courts in the Southern District of Florida, except where prohibited by applicable law, which may include the Province of Quebec.

To the maximum extent permitted by applicable law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide RBI with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.

13. Disclaimer of Warranties

THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF REPRESENTATIONS, WARRANTIES OR CONDITIONS, SO SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY RBI. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE SERVICES, WILL BE TIMELY, SECURE, ACCURATE, ERRORFREE, COMPLETE, UPTODATE, FREE OF VIRUSES, OR UNINTERRUPTED. RBI EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR RBI CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF RBI SHALL CREATE ANY WARRANTY OR CONDITION.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14. Exclusive Remedy and Limitation of Liability

THAT THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, SO SOME OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW.

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL RBI, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY RBI CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF RBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, RBI’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.

15. Indemnification

You agree to indemnify, hold harmless, and defend RBI, its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct in connection with the Services, (iii) your (or anyone acting under your password or username) violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services. You shall not settle any such claim without the prior written consent of RBI. These obligations will survive any termination of these Terms.

16. Integration, Severability and Waiver

These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between RBI and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

17. Notice for California Consumers

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 (tel:19164451254) or (800) 952-5210 (tel:18009525210).

18. Contact Information

Please direct any questions, complaints, or comments related to the Services to guestservices@firehousesubs.com or privacy@rbi.com. (mailto: guestservices@firehousesubs.com or mailto:privacy@rbi.com)

Firehouse Rewards

Terms and Conditions

https://www.firehousesubs.com/firehouse-rewards/

Last Revised: April18, 2023 (the “Effective Date”)

PLEASE READ CAREFULLY. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE PROGRAM. THE PROGRAM IS CURRENTLY VALID AT PARTICIPATING FIREHOUSE SUBS® RESTAURANTS IN THE 48 CONTIGUOUS UNITED STATES, ALASKA (EXCLUDING HAWAII) AND THE DISTRICT OF COLUMBIA (THE “TERRITORY”) ONLY.

The sponsor of the Firehouse Rewards program (the “Program”) is Firehouse of America, LLC and its parent company (the “Sponsor”). By participating in the Program, you: (a) agree to be legally bound by (and to comply with): (i) these Terms and Conditions (the “Program Terms”); and (ii) the Sponsor’s Terms of Service and Privacy Policy, and any other applicable terms that may be communicated to you in connection with the Program (including without limitation on the App (defined below), Website (defined below), in the Program Benefits (defined below) section of your Account (defined below) or other means as determined by the Sponsor in its sole discretion) (the “Additional Terms” and, together with the Program Terms and Specific Offer Terms (defined below), the “Terms”); (b) warrant and represent that you are a legal resident of the Territory; and (c) warrant and represent that you have reached the legal age of majority in your state of residence and that you will comply with all applicable laws in the course of accessing or participating in the Program.

Please review the Terms frequently to understand the  terms and conditions that apply to your access to and participation in the Program. By accessing and participating in the Program, you agree that the Sponsor reserves the right, and in its sole and absolute discretion, to suspend and/or amend all or any portion of these Program Terms and any other information relating to the Program, and to terminate the Program in whole or in part, at any time and without notice (unless required by applicable law). In the event the Program is terminated, the Program Terms will also be terminated and your Points (defined below) shall expire concurrently with the termination of the Program – provided that the Sponsor may, in its sole discretion and without any obligation to do so, extend the Points (defined below) expiry date beyond the termination of the Program. Any amendment will be effective immediately upon posting the amended Program Terms to https://www.firehousesubs.com/legal/  and, to the fullest extent permitted by applicable law, you waive any right you may have to receive specific notice of such amendment. Only where required by applicable law or at the Sponsor’s sole discretion, the Sponsor will provide notice of amendment to these Program Terms, as set out below.

Where required by applicable law or at the Sponsor’s sole discretion: The Sponsor will provide written notice of material changes to these Program Terms at least thirty (30) days (or such longer period as may be required by applicable law) before the amendment comes into effect, using messages delivered within your Account, the App and/or the Website (as defined below), email and/or your mailing address, or any other contact information the Sponsor has for you in the Sponsor’s discretion. If you do not agree with a proposed amendment, you may terminate your participation in the Program at any time in the thirty (30) day period prior to the amendment coming into effect, or, if the amendment increases your obligations or decreases the Sponsor’s obligations under these Program Terms, you may terminate your participation in the Program no later than thirty (30) days after the amendment comes into effect. These Program Terms may be terminated in accordance with this section, at no cost or penalty, by sending the Sponsor a notice to that effect.

Your continued access and participation in the Program following an amendment, suspension or notice period, as applicable, constitutes your full acceptance of, and agreement to be legally bound by, these Program Terms as revised. If you do not agree to these Program Terms, you must stop accessing and participating in the Program.

By accessing and otherwise participating in the Program, you agree that the Sponsor may collect, use and disclose your personal information to administer and fulfill the Program, including without limitation provide and manage products and services you request under the Program, communicate with you about the Program (including without limitation via electronic communications) and otherwise use your personal information with your consent or at your direction, and as set out in our Privacy Policy. These Program Terms do not limit any other consent(s) that you may provide the Sponsor or others in relation to the collection, use and/or disclosure of personal information, or alter in any way the terms or conditions of any other agreement you may have with the Sponsor for other products or services.

Under California law, the Program may be considered a financial incentive. The Program provides certain rewards, including Points for Eligible Menu Items, personalized offers, and additional benefits and rewards. Membership is free of charge.   When you sign up for the Program, we typically ask you to provide information such as your name, email address, and birthday. Because we collect personal information, this may be interpreted as a “financial incentive” program under California law. The value of your personal information that we collect is reasonably related to the value of the perks, benefits, and discounts that may be made available to you via the Program.  You may un-enroll from the Program at any time by clicking HERE to request deletion of your account and data. You may also submit your request to privacy@rbi.com, or you may contact us at 1-866-394-2493.

About the Program

By participating in the Program, you can earn points (“Points”) every time you visit a participating Firehouse Subs® restaurant in the Territory and complete an Eligible Transaction (defined below). Points may be redeemed at participating Firehouse Subs® restaurants in the Territory for select eligible items (the “Eligible Menu Items”), subject to compliance with these Program Terms (“Rewards”). From time to time, other bonus features and offers may also be made available to you, allowing you to receive other Firehouse Subs® or third-party benefits (the “Bonus Feature(s)”), earn and redeem Points in additional ways, or otherwise participate in the Program, all as determined by the Sponsor in its sole and absolute discretion (the “Program Benefits”).

Participating in the Program

To participate in the Program, you must have a valid Firehouse Subs® digital account (the “Account”). To create an Account:

• Download and register on the Firehouse Subs® App (the “App”) using your smart phone, or
• Go to https://www.firehousesubs.com (the “Website”) and click “Sign Up.”

By registering on the App or Website, you will automatically be enrolled as a member of the Program (individually referred to as “Member” and collectively “Members”). There is a limit of one (1) Account per person. Each Account is specific to an individual and may not be shared, transferred or sold. Points and Rewards earned under the Program have no cash value. Signing up for an Account is free of charge. If you do not wish to participate in the Program, click HERE to request deletion of your account and data.

(i) Earning Points

As a Member, you will earn one hundred (100) Points for every $1.00 USD spent (after discounts, excluding applicable taxes and fees) at a participating Firehouse Subs® restaurant in the Territory using one of the following methods: (1) by logging in the App or Website for dine-in, pick up or delivery, excluding third-party food delivery aggregator orders; or (2) on in-restaurant orders by providing the Member’s phone number associated with the Account or scanning  the 10-digit “Rewards Badge” code located in the “Earn” tab in your Account (each an “Eligible Transaction”). If your Eligible Transaction involves the use of a digital coupon, you will earn Points based on the actual amount paid. For the avoidance of doubt, you will not get Points for the discounted amount of your transaction. Print coupons cannot be used in connection with the Program You will not earn additional Points when using Points to redeem any Reward(s) you earn. If you make a purchase in addition to the use of Points during one single transaction, you will earn Points on the actual amount paid (after discounts, excluding applicable taxes and fees). An Eligible Transaction paid with your Firehouse Funds® gift card will result in Points. A transaction made to purchase or reload a Firehouse Funds® gift card or Firehouse Public Safety Foundation "Round Up" donations do not qualify as an Eligible Transaction.

You can earn Points on up to five (5) Eligible Transactions per Account per day.  Your first five (5) Eligible Transactions, regardless of method, will accrue Points to your Account.

For in-restaurant purchases made without providing your phone number or scanning your Account “Rewards Badge” code, please submit a picture of your receipt through the App or email it to rewards@firehousesubs.com within seven (7) days of purchase to claim your Points. It may take up to 48 hours following receipt submission for Points to be added to your Account. Account registration required. Claiming Points via in-restaurant receipt is only available at participating U.S. Firehouse Subs® restaurants. Limit one (1) receipt per day is eligible for Points. A valid receipt is required to claim your Points. Lost, stolen, or misplaced receipts cannot be replaced.

Points earned in connection with an Eligible Transaction will be automatically applied to your Account within 48 hours of completing the Eligible Transaction. For the avoidance of doubt, a transaction completed via a third-party ordering website, a delivery aggregator or other unauthorized means is not an Eligible Transaction.

(ii) Rewards

Members that comply with the Terms may redeem Points for Eligible Menu Items (as listed below) in accordance with the redemption requirements set out below.

Rewards can be redeemed at a participating Firehouse Subs® restaurant in the Territory on purchases made through the App, Website or in-restaurant orders. To redeem a Reward with the App, go to the Rewards section, activate the Reward you want to use from the available Eligible Menu Items, and then order an item within the Eligible Menu Item category. To redeem a Reward on the Website, click on My Account, then My Rewards, activate the Reward you want to use from the available Eligible Menu Items, and then order an  item within the Eligible Menu Item category. To redeem a Reward on an In-Restaurant Order, activate the Reward you want to use from the available Eligible Menu Items by using either the App or the Website using one of the methods mentioned above, and then either show the 10-digit “Rewards Badge” code on the “Earn” tab in your Account or provide your phone number at time of purchase. Only Rewards for which you have accumulated the required Points will be available for redemption.   Only one (1) Reward may be redeemed per transaction.  Rewards cannot be combined with a digital offer/coupon.

Each Eligible Menu Item excludes the cost of modifications, for example extra bacon or added cheese. If Points are redeemed for an Eligible Menu Item that includes a modifier, the price of the modifier will be charged separately Eligible Menu Items are subject to availability at participating Firehouse Subs® restaurants in the Territory. Kitchen hours may vary by participating restaurant.

List of Eligible Menu Items and Points needed for redemption as of April 18, 2023

3,000 Points: Dessert

6,000 Points:  Small Sub

8,000 Points: Salad

8,000 Points Medium Sub

10,000 Points Large Sub

50,000 Points Deluxe Catering Platter (Website redemption only)

(iii) Bonus Features

As part of the Program Benefits, Members will also be eligible, from time to time, to receive Bonus Features, as determined by the Sponsor in its sole and absolute discretion. Bonus Features and Offers may include the following:

Birthday Sub: On the Member’s birthday, and within six (6) days immediately following the Member’s birthday, as listed in the Account, , Members may redeem a free Medium Sub (“Birthday Sub”). To be eligible for the Birthday Sub, you must have either registered your birthday with your Account (i) prior to your birthday or (ii) on your birthday. If you sign up after your birthday, you will receive the Birthday Sub Reward the following year. If you are eligible to receive a Birthday Sub, your Birthday Sub Reward will be automatically activated in your Account on your birthday. If you registered your birthday with your Account on your birthday, the Birthday Sub Reward may be activated and ready for redemption later that same day or within the following six (6) days. The Birthday Sub Reward is subject to availability at participating Firehouse Subs® restaurants in the Territory. You can only redeem one (1) Birthday Sub per calendar year.

Point Accelerators: From time to time, Members will have the opportunity to earn Points at a higher rate than 100 Points per $1.00 USD spent as part of limited time events.

Challenges: Members will be able to participate in challenges where they complete steps to receive a Reward or bonus Points. Please look at specific challenge terms for more details.

Personalized Offers: From time to time, other offers may be made available to you via your Account or other means as determined by the Sponsor in its sole discretion. Personalized Offers may be made available to you on the basis of a variety of factors (as determined by the Sponsor in its sole and absolute discretion), including without limitation your purchase habits. Personalized Offers may also be made available to you, allowing you to earn or redeem Points in additional ways or receive certain Rewards. If a Personalized Offer is made available to you, you will be notified in your Account, via email, push notification, or SMS, depending on your communication preferences, or other means as determined by the Sponsor in its sole discretion.

Each Bonus Feature is subject to its specific terms and conditions (the “Specific Offer Terms”) (including, without limitation, as communicated to you in your Account, via email or other means as determined by the Sponsor in its sole discretion) in addition to these Program Terms and Additional Terms. Bonus Features are subject to change at any time without notice, all as determined by the Sponsor in its sole and absolute discretion. Certain Bonus Features made available to you may require you to first activate them via your Account in accordance with their respective Specific Offer Terms (and, as applicable in respect of any such Bonus Feature, any transaction completed prior to activation will not count as an Eligible Transaction in connection with such Bonus Feature). Certain Bonus Features may require you to visit a participating Firehouse Subs® restaurant in the Territory.

Blackout Periods

From time to time Sponsor may restrict redemption of Points (“Blackout Period(s)”). These Blackout Periods will be communicated to you, as applicable.

Expiration of Points

To the fullest extent permitted by law and subject to the Terms, all Points earned in your Account do not expire. Visit the App or Website to review your Points earned.

Opt-Out Instructions and Technical Support

If you no longer wish to participate in the Program, click HERE to request deletion of your account and data. You may also submit your request to Sponsor’s Privacy Officer at privacy@rbi.com, or you may contact us at 1-866-394-2493. Currently, opting out of the Program will require deletion of your Account. Please note that an Account is required to place an App or Website order.

For technical support with the App or the Website please email rewards@firehousesubs.com.

General Conditions

Your Account, Points, Rewards, and Program Benefits, are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others (except as specifically permitted by the Sponsor, in its sole and absolute discretion), or used by you for any commercial purpose. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that you have attempted to: (i) exceeded any of the limits stated in the Terms; (ii) use someone else’s transactions to earn Points on your Account; and/or (ii) use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to register for or otherwise participate in, or to disrupt, this Program, then you may be disqualified from the Program and/or your Account, Points, Rewards, Program Benefits, and any other aspect of the Program made available to you may be suspended, revoked, nullified and/or voided, all in the sole and absolute discretion of the Sponsor. You and your Account, Points, Rewards, Program Benefits, and any other information or activities associated with this Program (collectively, “Program-related Information”) are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require any type of proof (including without limitation proof of identity, eligibility and/or compliance with these Terms in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying your eligibility to participate in this Program; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Program-related Information that has been used or submitted in connection with this Program; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with the letter and spirit of these Terms. If the Sponsor deems you are not complying with the letter and spirit of these Terms, or you fail to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor, then you may be disqualified from the Program (and your Account, Points, Rewards, Program Benefits, and any other aspect of the Program made available to you may be suspended, revoked, nullified and voided) in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Program will be the Sponsor’s server machine(s). Sponsor may, in its sole discretion, suspend, cancel or combine Accounts that appear to be duplicative.

All Program-related Information is and remains the sole and exclusive property of the Sponsor. The decisions of the Sponsor with respect to all aspects of this Program are final and binding on all participants without right of appeal, including, without limitation, any decisions regarding the eligibility or disqualification of Eligible Transactions, Rewards, Program Offers, Points, or members. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. Sponsor also reserves the right to "unregister" and make ineligible for use in connection with the Program any Account that has been inactive for two (2) consecutive years without notice to you, unless otherwise required by law. An Account is considered inactive if no Eligible Transactions or no Points have been earned in connection with such Account (as determined by the Sponsor in its sole and absolute discretion on the basis of its records). In the event that your Account is rendered ineligible, then all Points and any Rewards and/or Program Benefits associated with such Account are revoked, nullified and voided.

To the maximum extent permitted by applicable law, by participating in the Program, you hereby: (i) release the Sponsor, its parent company, affiliates, any other entity or person involved in the organization, administration or fulfillment of the Program and each of their respective officers, directors, shareholders, franchisees, employees, representatives, agents, successors and assigns (collectively, the “Program Parties”) from any loss, liability, claim, demand, damage or expense that arises in connection with your participation in the Program (including without limitation with any use or misuse of Program-related Information); and (ii) agree to indemnify, defend and hold harmless the Program Parties from any loss, liability, claim, demand, damage or expense asserted by any entity or person relating in any way to your breach of any of the Terms. Without limiting the generality of the foregoing, the Program Parties are not responsible for: (a) late, lost, misdirected, delayed, incomplete or incompatible Program-related Information (all of which are void); (b) any failure of an Account, the Website, the App or any other Program-related software, hardware or other type of system; (c) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (c) any injury or damage to participant’s or any other person’s computer, mobile device, tablet or other device related to or resulting from participating in the Program; and/or (d) any combination of the above.

SPONSOR PROVIDES THE PROGRAM “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY.

The Terms, and all related matters shall be governed solely by the laws of the State of Florida, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Southern District of Florida in relation to all disputes arising from or related to the Terms, and any related matters.

The invalidity or unenforceability of any provision of these Program Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Program Terms shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.