Caniac Club Terms and Conditions of Participation
Last Updated: February 2, 2023
The Raising Cane’s Chicken Fingers® Caniac® Club (“Caniac Club” or “Club”) is sponsored by Raising Cane’s Restaurants, LLC (“Raising Cane’s,” “Sponsor,” “we,” “us,” or “our”), and is a free customer appreciation program that has been developed to provide eligible customers who register for the Club (each a “Member,” “Club Member,” “you,” or “your,”) with special offers and benefits (“Offers”).
The Caniac Club is subject to (a) the terms and conditions set forth in these Caniac Club Terms and Conditions of Participation, (b) the Promotion Official Rules set forth in Section 10, when applicable, (c) the Promotion Specific Terms, as defined in Section 3.d, when applicable, and (d) specific terms that may be set forth in connection with the offering of a particular Offer (“Offer Terms”) (collectively, the “Terms”). The Terms constitute a binding agreement between Raising Cane’s and Club Members and replace any and all prior agreements between the parties relating to the Caniac Club.
PLEASE READ THESE TERMS BEFORE REGISTERING FOR THE CLUB, USING A CARD, OR ENTERING A PROMOTION FOR MEMBERS, AS THE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE A BINDING ARBITRATION AGREEMENT WITH A WAIVER OF JURY TRIAL AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. BY REGISTERING AN ACCOUNT OR PARTICIPATING IN ANY PART OF THE CANIAC CLUB, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, AND ANY UPDATES TO THE TERMS AS ANNOUNCED, POSTED, OR IMPLEMENTED BY SPONSOR. If you do not wish to agree to these Terms, then you should not register or otherwise participate in the Caniac Club.
- Obtaining a Card and Registering a Club Account
- Participating in Offers
- Applicable Terms, Value, and Transfer
- Caniac Club Modification and Cancellation; Club Account Adjustments or Suspension
- Disclaimer of Warranties and Limitation of Liability
- Mandatory Arbitration and Class Action Waiver
- Promotion Official Rules
To be eligible to become a Member, you must (a) be a natural person (not a corporation or other form of legal entity); (b) be a legal resident of the United States of America, its territories or possessions; (c) be 13 years of age or older at time of registration; and (d) if you are a minor in your jurisdiction of residence, you must have permission from your parent or legal guardian to register an account to participate in the Caniac Club and any of the Offers (upon Sponsor’s request, written confirmation may be requested from the parent/legal guardian of an eligible minor). By creating a Club Account (as defined below), you are certifying that you meet all eligibility criteria stated. Customers who meet the eligibility requirements set forth herein for Members shall be referred to as “Eligible Customers.”
2. Obtaining a Card and Registering a Club Account.
Eligible Customers may pick up a Caniac Club card (“Card”) at a participating Raising Cane’s restaurant in the United States (each a “Participating Restaurant”), while supplies are available. With Card in hand, the Eligible Customer may visit https://www.raisingcanes.com/caniac-club (the “Website”) to:
a. Create a Caniac Club Account. If you are not already a Member and do not already have a Caniac Club account (“Club Account”), you will create a Club Account by following the on-screen directions and completing all required fields, including your name, address, birthdate, and Card number printed on the back (which will link the Card to your Club Account). Once an Eligible Customer has created a Club Account and linked a Card to it, the customer is a member of the Caniac Club (“Member”).
b. Replace a Lost, Stolen, or Destroyed Card in Connection with an Existing Club Account. If you already have a Club Account but have lost your Card, you may replace that lost Card with a new Card and Card number, as directed on-screen at the Website. All of the Club Account information stored in connection with your lost Card (including any saved Offers) will be linked to your new Card. If someone has used any Offers connected with the lost Card, those Offers will not be reinstated.
Limit one Club Account per customer and per unique email address (“Per Person”). Members may not open separate Club Accounts under different names or email addresses, nor may they add more than one Card to a Club Account unless prior Cards have been lost. If Sponsor becomes aware of more than one Club Account Per Person, Sponsor may terminate all but one Club Account Per Person, as determined and implemented in Sponsor’s sole discretion. Cards have no cash value and may not be exchanged or redeemed for cash unless required by law. Registration of a Club Account, use of a Card, entry into a Promotion, or participation in an Offer constitutes acceptance of all Terms, and any updates to the Terms that are made by Sponsor.
3. Participating in Offers.
From time to time, Raising Cane’s may extend an Offer to all Club Members, a group of Members or an individual Member (the “Offer Recipients”). In order for the Offer Recipients to participate in the Offer, they may need to present their Card at any of the Participating Restaurants, a specific Participating Restaurant, or one of a select group of Participating Restaurants. Alternatively, Offer Recipients may load their Caniac Club Card into the Raising Cane’s mobile ordering app where a unique two-dimensional bar code associated with that Member’s Card will be generated (“Code”) that allows the Offer Recipient to participate in Offers using the Code rather than presenting the physical Card itself (scanning a Code is only permitted with certain Offers, and where the technology is available and functioning). To get a Code, download the Raising Cane’s Chicken Fingers mobile ordering app through your mobile device’s application marketplace, set up and log in to your mobile ordering app account, go to “MY ACCOUNT,” scroll down until you see “CANIAC CLUB” and click the red button that reads “ADD EXISTING CANIAC CLUB!” and follow the instructions.
Offers are subject to Sponsor’s sole discretion and are limited to Club Members (or a subset thereof, if so stated in the Offer Terms), are only valid at Participating Restaurants (or a subset thereof, if so limited by the Offer Terms). Offers may include:
a. One (1) free The Box Combo® meal when you register to become a Member of the Caniac Club (if this Offer is in effect at the time of your first Card registration, you should receive an email notifying you when your free Box Combo has been loaded to your Card). The Free Box Combo is NOT loaded to any replacement Card added to your Club Account.
b. A free drink on your birthday.
c. Food rewards or a “Buy One, Get One Free” The Box Combo meal on your Caniac Club anniversary.
d. Member-only sweepstakes, contests, giveaways, and other promotions for prizes (each a “Promotion,” and collectively referred to as “Promotions”), each of which is subject to the Promotion Official Rules set forth in Section 10, below, along with the Promotion-specific terms stated in connection with the advertising and entry materials (“Promotion Offer”) for the particular Promotion (“Promotion Specific Terms”), which may include the start and end dates, prize details, and other specific terms applicable to that Promotion.
4. Applicable Terms, Value, and Transfer.
Offers are subject to (a) these Terms, (b) any applicable rules, laws, and regulations, and (c) availability. No rain checks will be given. Expiration dates or other relevant dates may apply, as stated in the Offer Terms or Promotion Specific Terms. Any Offers are void where prohibited. Offers have no cash value and cannot be redeemed or exchanged for cash. Club Accounts, Cards, and Offers that are given to a specific Member or group of Members cannot be sold, shared, assigned, or otherwise transferred, unless expressly stated as transferrable in the terms of the Offer, and then only such terms as expressly stated.
5. Caniac Club Modification and Cancellation; Club Account Adjustments or Suspension.
We reserve the right to modify, restrict, or cancel the Caniac Club (or any portion thereof), or to modify these Terms (or any portion thereof) at any time in our sole discretion, with or without advance notice to you; provided that we will provide notice of any modifications to these Terms by posting the modified version at https://www.raisingcanes.com/caniac-club. If we cancel the Caniac Club at any time, your Club Account will automatically be terminated as of the effective date of cancellation. In addition, in Raising Cane’s sole discretion, we may send an email communication notifying Members of any Caniac Club modifications, but we are not obligated to do so, and you hereby waive any right you may have to receive such notice. You should check this page periodically to see if any recent changes to the Terms have occurred. By participating in the Caniac Club, including redeeming, or using any Offers, you are agreeing to the Caniac Club Terms as modified. We may adjust, postpone, or suspend your Club Account, Card, or any Offers in your Club Account, at any time with or without notice, in the event of actual or suspected (i) human or technical errors, (ii) technical disruptions, (iii) misconduct, fraud, or other activity that impairs the administration, security, integrity, or proper use of the Caniac Club, Website, Club Account, Card, Offer, or Promotion.
7. Disclaimer of Warranties and Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE CANIAC CLUB AND ALL RELATED PRODUCTS, SERVICES, AND OFFERS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, RAISING CANE’S, ITS AFFILIATES, ALL RESTAURANT LOCATIONS, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, VENDORS, AND CUSTOMERS (COLLECTIVELY “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF THE CANIAC CLUB OR ANY OFFERS OR PROMOTIONS RELATED THERETO, INCLUDING DIRECT, INDIRECT, THIRD PARTY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASED PARTIES SHALL NOT BE RESPONSIBLE TO YOU, YOUR EXECUTORS, HEIRS, OR ANY THIRD PARTY FOR OR IN CONNECTION WITH: (A) YOUR PARTICIPATION IN THE CANIAC CLUB, (B) YOUR PARTICIPATION IN ANY OFFERS OR PROMOTIONS, (C) ANY UNAUTHORIZED ACCESS TO OR UNAUTHORIZED USE OF YOUR CLUB ACCOUNT, CARD, OR OFFERS, OR (D) TERMINATION OF YOUR CLUB ACCOUNT OR CARD, OR CANCELLATION OF THE CANIAC CLUB.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY.
8. Mandatory Arbitration and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND RAISING CANE’S CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND RAISING CANE’S TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY OR TO APPEAL DECISIONS CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
INFORMAL RESOLUTION: You and Raising Cane’s will first attempt to resolve any claim informally. Accordingly, neither you nor Raising Cane’s may start a formal arbitration proceeding for at least 60 days after one party notifies the other party of a claim in writing. As part of this informal resolution process, You must deliver Your written notices via hand or first-class mail to us at Raising Cane’s, Attn: Legal, 6800 Bishop Road, Plano, Texas 75024.
GOVERNING LAW: You and Raising Cane’s agree that these Terms and any dispute you may have with Raising Cane’s, will be governed by federal law and the Federal Arbitration Act as to arbitration issues and the law of the state of Texas for all other issues, without reference to the principles of conflicts of laws thereof.
WE BOTH AGREE TO ARBITRATE: You and Raising Cane’s agree to resolve any dispute between you and Raising Cane’s or its affiliates (“Dispute”) through final and binding arbitration, with two exceptions. First, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) or to the extent that you believe we have violated or threatened to violate your intellectual property rights. Under such circumstances we or you may bring a lawsuit solely for injunctive relief to stop intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Second, you may bring any matter, subject to jurisdictional requirements, in a small claims court or similar court in which you seek less than $10,000 on an individual basis without a class action and without any request for injunctive relief.
WHAT IS ARBITRATION: You and Raising Cane’s mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for Disputes that arise between You and Raising Cane’s, its related and affiliated companies, successors, and assigns; and/or any current or former employee, officer, or director of Raising Cane’s or any related or affiliated company. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. You and Raising Cane’s agree that this Mandatory Arbitration and Class Action Waiver Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even if the Caniac Club or its Terms terminate. Any revision to or termination of the Terms that modify or terminate this Section shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between You and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND RAISING CANE’S WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
NO CLASS ACTIONS: Except as otherwise required under applicable law, You and Raising Cane’s agree to arbitrate any Dispute only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, consolidated, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, consolidated, representative, or private attorney general proceeding.
WHO DECIDES WHAT CAN BE ARBITRATED: If a party violates the agreement to arbitrate by commencing an action asserting a Dispute in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Mandatory Arbitration and Class Action Waiver Section. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Section for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Section, including the Class Action Waiver.
WHAT ARE THE ARBITRATION RULES, PROCEDURES, AND COSTS: To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first-class mail to JAMS Mediation, Arbitration and ADR Services (“JAMS”) and to the other party (if to us, at Raising Cane’s, Attn: General Counsel, 6800 Bishop Road, Plano, Texas 75024; if to you, at the address set forth in your Club Account). You and Raising Cane’s agree that the arbitration shall be administered by JAMS before a single arbitrator mutually agreed upon by the parties. Except to the extent that they are modified by the rules below, if You are an individual person, the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time of the filing of the demand (and that are available at https://www.jamsadr.com/rules-streamlined-arbitration/) will apply. The parties agree that the applicable JAMS rules are modified as follows:(a) Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas law. Unless you prefer otherwise and Raising Cane’s agrees, the arbitration shall be conducted in the county in which you reside. Or if that is not practicable, in an adjacent county as determined by JAMS.
a. No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
b. All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information. If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
c. The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Dispute(s).
d. Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
e. The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
f. The Federal Rules of Evidence shall apply to all arbitration proceedings.
g. The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefore.
h. The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
i. The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
j. If You initiate arbitration, You will pay the first $250, and Raising Cane’s will pay all other filing, administrative, or hearing fees. If Raising Cane’s initiates arbitration, Raising Cane’s will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, You will remain responsible for Your attorneys’ fees and costs unless the law governing the Dispute(s) provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.
If any term or condition in this Section is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Section shall not be affected. Provided, however, that if the Class Action Waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in Collin County, Texas, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Members are solely responsible for any taxes or fees that may be imposed in connection with the Caniac Club. No delay or failure by Sponsor to enforce any of these Terms shall be a waiver of our rights under these Terms. The invalidity or unenforceability of any provision(s) of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms is found to be invalid or unenforceable, these Terms shall be construed as if the invalid or unenforceable provision was not contained herein. The headings used in these Terms are for convenience only and do not affect the interpretation of any of the provisions of these Terms. Any reference to the term "including" means "including, without limitation." Any provisions which by their nature should survive the cancellation or termination of one’s Club Account or this Caniac Club, including the provisions disclaimer of warranties, limitation of liability, and prohibition of class actions, shall survive termination of one’s Club Account or cancellation of the Caniac Club. If you have any questions regarding the Caniac Club or your Club Account, please contact us at 1-833-HICANES (1-833-442-2637).
10. Promotion Official Rules.
Contests, Giveaways, Member Drawings, Sweepstakes and Swipestakes* are collectively referred to herein as “Promotions.” In addition to all other provisions of the Caniac Club Terms and Conditions of Participation, Promotions offered to Caniac Club Members are subject to the following “Promotion Official Rules” and any Promotion Specific Terms set forth in the Promotion Offer (collectively, the “Official Rules”).
*“Swipestakes” is defined for purposes of these Promotion Official Rules as a sweepstakes in which one enters by presenting their own Card or their own Code at the checkout register in a Participating Restaurant location and swiping the Card or scanning the Code for the explicit purpose of entering the applicable Promotion.
NO PURCHASE NECESSARY IS TO ENTER OR WIN ANY PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. PROMOTIONS ARE VOID THE UNITED STATES OF AMERICA AND WHEREVER PROHIBITED.
Promotions are subject to all applicable federal, state, and local rules, laws, and regulations. By entering or participating in a Promotion, you fully and unconditionally accept and agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Promotion.
a. PROMOTION ELIGIBILITY. Unless otherwise specified in the Promotion Offer, Promotions are open only to legal residents of the United States who are 13 years of age or older. If so stated in the Promotion Specific Terms, eligibility may be further limited, and the Participating Restaurants may be further limited to a sub-group of such restaurants (the “Promotion Specific Restaurants”). Eligible minors must have permission from their parent or legal guardian to enter a Promotion, and such parent/legal guardian must agree to the Official Rules on minor entrant’s behalf (which must be confirmed in writing at Sponsor’s request).
The following are ineligible to enter a Promotion or win a prize:
(i) anyone who is an employee, owner, member, manager, director, consultant, independent contractor, or intern of Sponsor, its restaurants, affiliated entities, any of its current advertising and promotions agencies and any of their affiliated companies, distributors, and sales representatives (collectively “those who are engaged by Raising Cane’s Entities”) as of the date of entry, or within the six months before or after the start and end dates of the Promotion (collectively, “Ineligible Raising Cane’s Entities’ Individuals”);
(ii) anyone who was an employee, owner, director, consultant, independent contractor, or intern of or at any other business or organization involved in the planning, execution, administration of fulfilment of a particular Promotion (collectively “those who are engaged by Promotion Entities associated with a Promotion”) as of the date of entry of such Promotion, or within six months before or after the start and end dates of such Promotion (collectively “Ineligible Promotion Entity Individuals”);
(iii) the immediate family members (defined as parents, spouses, children, and siblings; whether biological, adopted, step, or in-law) and household members (whether related or not) of Ineligible Raising Cane’s Entities’ Individuals with respect to all Promotions; and,
(iv) the immediate family members and household members of Ineligible Promotion Entity Individuals with respect to the specific Promotion their family or household member was involved.
Participating Members may be required to submit further information to assist in Sponsor’s verification of eligibility and may be required to sign various documents as necessary as a prerequisite to receiving any prize. Those who meet these eligibility criteria and any Promotion Specific Terms are deemed “Eligible Participants” for that particular Promotion.
b. PROMOTION PERIODS. Promotions may be scheduled by Sponsor from time to time (each such time being a “Promotion Period,” and any period during which there is not a scheduled Promotion being a “Non-Promotion Period”). The Promotion Period dates for a particular Promotion will be set forth in the Promotion Offer or Promotion Specific Terms. Administrator’s computer is the official time-keeping device for the Promotions. Unless otherwise stated, times given are Central Time.
c. HOW TO ENTER A PROMOTION. Entry into the Promotion will depend on the type of Promotion it is.
(i) Swipestakes/Sweepstakes. Unless otherwise specified in the Promotion Offer, to enter a Swipestakes Promotion, Eligible Participants must visit a Participating Restaurant during the Promotion Period and request that their Card be swiped (a “Swipe”) or their Code be scanned (a “Scan”) by an authorized on-duty Raising Cane’s Crewmember (“Crewmember”), or if so stated in the Promotion Specific Terms, submit an entry at a Participating Restaurant. A Swipe or Scan by a Crewmember during a Promotion Period constitutes an entry into the applicable Promotion (if any). For the avoidance of doubt, if you are not already a Caniac Club Member with an activated Card or Code, you must first become a Member to enter a Promotion.
(ii) Giveaways. Unless otherwise specified in the Promotion Offer, to participate in a Giveaway Promotion, Eligible Participants must be one of the first people to enter a Promotion Specific Restaurant during the Promotion Period to receive the Prize, while supplies last. The Promotion Period ends on the earlier of the end date/time of the Promotion Period stated in the Promotion Specific Terms or when the Prize supply is depleted.
(iii) Member Drawings. Unless otherwise specified in the Promotion Offer, each Eligible Participant will receive one (1) entry into each Member Drawing that takes place while such Eligible Participant has an Account. There is no separate entry method or entry requirement for participation in a Member Drawing. As long as you become a Caniac Club Member with an active Account prior to a particular Member Drawing, you will receive your one (1) entry into that Member Drawing and you agree to these Promotion Official Rules.
(iv) Contests. Unless otherwise specified in a Promotion Offer or Promotion Specific Terms, to enter a Contest, Eligible Participants must submit an original essay, photograph, piece of artwork, or video, as specified in the Promotion Offer, on a topic specified in the Promotion Offer (the “Submission”). If the Submission is an essay, it should be no longer than 500 words. If the Submission is a Video, it should be no longer than three (3) minutes. The following requirements apply to all Submissions (as determined in Sponsor’s sole discretion, and not subject to appeal or challenge):
a) Any written content in the Submission must be in English.
b) Submission must be the entrant’s own original work of authority and have not been previously submitted in any competitions or have won any awards.
c) Submission should not contain third-party identities or likenesses (names, pictures, voices, etc.) other than the entrant, who must be the party who is the creator of the Submission.
d) Submission must not depict Raising Cane’s negatively and must be in keeping with Raising Cane’s desired image.
e) Submission may not contain any third-party products, services, copyrighted materials, trademarks, or any content that violates the rights (including personal or property rights) of any third parties.
f) Submission may not contain any commercial, political, religious, or other third-party advertising or messaging.
g) Submission must be suitable for viewing by “G” rated audiences.
h) Submission must not contain any of the following content: (i) defamatory words or statements, including words or symbols that are considered offensive to individuals of a certain race, ethnicity, gender, religion, sexual orientation, or socioeconomic group; (ii) any lewd or sexually explicit or suggestive content; (iii) any content that promotes use of alcohol, tobacco, firearms/weapons, gasoline, dairy, prescription drugs, illegal drugs, or any violent, unsafe, or dangerous behavior, activities or situations; (iv) threats to any person, place, group, business or group; (v) profanity or obscenity; (vi) anything that would disparage or offend persons or organizations associated with Raising Cane’s; (vii) anything which incites, encourages or depicts dangerous conduct, stunts or tricks, or behavior or acts that are unsafe, wrongful or immoral; or (viii) anything that violates federal, state or local laws and regulation.
For all Promotions other than Member Drawings (for which there is only one entry overall), unless otherwise stated in the Promotion Offer, limit one (1) entry per day per Eligible Participant. Any attempt by an Eligible Participant to submit more than one (1) entry per day by using the same, multiple/different Cards, Codes, identities, registrations or logins, or any other methods, will void all entries of that Eligible Participant and result in that Club Member’s disqualification from the Promotion, and possibly from future Promotions offered by Sponsor or the entire Caniac Club (in Sponsor’s sole discretion). The date/time of your Submission, Swipe, or Scan will determine the Promotion Period in which you entered, if any, and to which your entry relates and is eligible, if any. If a valid Swipe or Scan is received during a Promotion Period from an Eligible Participant, it will be deemed an entry into the Promotion to which it qualifies, as determined by Sponsor. Swipes or Scans occurring during a particular Promotion Period will not qualify for any subsequent Promotion Periods. If your Swipe or Scan occurs during a Non-Promotion Period, it will not count as an entry in the next scheduled Promotion. All Swipes, Scans, Submissions, and entries become the property of Sponsor and will not be returned or acknowledged. Entries received that are not in conformance with the Official Rules will be disqualified. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, or incomplete entries. Entries made through any robotic, automatic, mechanical, programmed, or similar entry duplication methods will be disqualified, and Sponsor reserves the right to disqualify any individual using such methods.
d. WINNER DETERMINATION. Unless otherwise stated in the Promotion Offer, winner will be determined within approximately one week of the conclusion of the Promotion Period for Swipestakes/Sweepstakes, Member Drawings and Contests. (Giveaway winners are determined in real time.) For Swipestakes/Sweepstakes and Member Drawings, the winners will be determined by random selection from all eligible entries received during the Promotion Period. Odds of winning a Sweepstakes or Swipestakes depend on the number of eligible entries received. Odds of winning a Member Drawing depend on the number of Members enrolled in the Caniac Club at the time of the Member Drawing. For Contests, the winners will be determined based on judging conducted by a qualified panel of judges who judge the entries based on the following criteria, unless otherwise specified in the Promotion Offer: (i) originality (30%), (ii) appropriateness for subject matter requested (30%); (iii) overall marketing appeal (40%). In the event of a tie, the tie will be broken based on the tied Submission with the higher score on overall marketing appeal.
e. PRIZES. Unless otherwise stated in the Promotion Offer, there will be 1 prize per Promotion. The prize and approximate retail prize value will be set forth in the Promotion Specific Terms. Limit 1 prize per person, Club Account, and household per Promotion. Prizes are not transferable and may not be redeemed or exchanged for cash. No prize substitutions allowed, except Sponsor may substitute a prize of equal or greater value if featured prize becomes unavailable to award as planned. Prizes are also subject to any terms and conditions of use as may be indicated thereon.
f. WINNER NOTIFICATION AND VERIFICATION. Unless otherwise specified in the Promotion Offer, the potential prize winner from each Promotion will be notified by email at the email address associated with their Club Account (the “Winner Notification”), which may include as an email attachment a Liability and Publicity Release (the “Release”) that, where legal, the winner (or their parent/guardian if winner is a minor) may be required to complete and return to Sponsor within 5 business days (or such other amount of time as set forth in the Winner Notification) in order for the potential winner to be verified as a prize winner. If the Winner Notification is returned as undeliverable, or if the potential winner does not respond to the Winner Notification as directed, or if the potential winner fails to return the Release if required, or if the potential winner is determined to be ineligible or not in compliance with the Official Rules, then that potential winner will be disqualified and will forfeit any claim to the prize, and Sponsor reserves the right, but not the obligation to select an alternate winner from the remaining eligible entries (either by random selection for a Swipestakes/Sweepstakes or Member Drawing, or by selecting the next highest scoring Submission for a Contest). If Sponsor elects to seek an alternate winner, the same verification process will be followed. If Sponsor elects to seek an alternate and a winner is not verified in a second attempt, the prize may go unawarded with no further obligation to Sponsor.
g. PRIZE ACCEPTANCE AND USE OF WINNER’S IDENTITY AND SUBMISSION. If a winner is a minor in his or her jurisdiction of residence, the prize may be awarded in the name of, or to, winner’s parent or legal guardian, who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or the prize may be forfeited and awarded to a substitute winner.
By accepting a prize, the prize winner consents to Sponsor’s use of his or her name, biographical information, statements/quotes, and Submission, together or separate from any photographs, videos, or audio recordings made of prize winner for advertising and publicity purposes without limitation and without additional compensation in any and all media worldwide, except where prohibited by law. Upon request, prize winner will sign any requested paperwork confirming those permissions and releases.
h. RELEASE OF LIABILITY. By entering a Promotion or accepting a prize, each participant and winner agrees to release Sponsor, its affiliated companies, restaurants, prize suppliers, advertising and promotion agencies, vendors, distributors, advertising and promotion agencies, and any other parties involved in the planning, administration, execution and fulfillment of the Promotion, and each of their employees, officers, directors, shareholders, agents, advisors, contractors and assigns (collected “Releasees”), from and against any and all liability, loss or damage of any kind arising out of or in connection with participant’s participation in the Promotion, or with respect to prize winner’s receipt, possession, use and/or misuse of any prize. Any tax liability is the responsibility of prize winner.
i. DISPUTES & LIMITATION OF LIABILITY. By participating in a Promotion, each participant (and participant’s parent/legal guardian if participant is a minor in his or her jurisdiction of residence) acknowledges and agrees (i) that all causes of action or claims arising out of or connected with a Promotion shall be resolved individually, without resort to any form of class action, (ii) that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees, and (iii) to submit any and all disputes to arbitration pursuant to the Rules of JAMS, Inc., in Collin County, Texas, pursuant to the laws of the state of Texas, without regard to any conflict of law rules. Further, each participant acknowledges and agrees that each Promotion may be subject to any additional terms, restrictions, and limitations applicable thereto as may be indicated on the related email notification from Sponsor.
Submission of an entry constitutes acceptance of any decision of Sponsor makes with respect to the Promotion as final and binding. Sponsor is not responsible for (i) any incorrect or inaccurate information, whether caused by participants, printing errors, or by any of the equipment or programming associated with or utilized in the Promotion, (ii) any delays or human errors that occur in the processing, transmission or receipt of entries or Submissions, (iii) any inaccurate transcription of entry or participant information, or (iv) any entries that are misdirected or lost. If, for any reason, a Promotion is not capable of being conducted as planned, including but not limited to force majeure events, infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, or technical failures, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsor also reserves the right, in its sole discretion, to disqualify any individual found to be violating these Rules or suspected of attempting to disrupt or defraud the entry process or the operation of the Promotion, and Sponsor may prosecute or seek other legal redress against anyone suspected of engaging in these acts.
RELEASEES SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING ATTORNEYS’ FEES AND COSTS OF LITIGATION), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE RULES; (II) THE PROMOTION; (III) ANY FAILURE, DELAY OR DECISION BY SPONSOR IN ADMINISTERING A PROMOTION; (IV) ANY UNAUTHORIZED USE OF A CARD OR CODE; (V) ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; OR (VI) ANY OFFER, REPRESENTATION, STATEMENT, OR CLAIM ABOUT THE PROMOTION MADE BY RAISING CANE’S OR ANY OTHER PERSON OR ENTITY. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis, even if Raising Cane’s or our representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.
IN NO EVENT SHALL RAISING CANE’S OR OUR AFFILIATES’ MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).
k. WINNER LISTS. For the name of the prize winner from a particular Promotion, mail a self-addressed stamped envelope to Raising Cane’s Caniac Club Promotion Winner’s List, 6800 Bishop Road, Plano, TX 75024, to be received by Sponsor no later than 30 days following the end of the Promotion Period. Please indicate for which Promotion you would like this information.
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