These Program Terms and Conditions (these “Program Terms”) set forth the terms and conditions applicable to Hawaiian Bros (referred to also as HB) and are referred to in these Program Terms as a “Loyalty Program”. In these Program Terms, “you,” “your,” or “member” refer to the person who has successfully registered for a Loyalty Program or who is an existing Loyalty Program member.
Your registration for the Loyalty Program and/or continued membership in a Loyalty Program indicates your acceptance of and agreement to all of these Program Terms, including, without limitation, the arbitration provision in Section 18 below. Be sure to check these Program Terms located at https://www.hawaiianbros.com/loyalty-program-terms-and-conditions/ periodically for updates, as your continued membership in the Loyalty Program signifies your acceptance of these Program Terms as they exist from time to time, including, without limitation, any changed provisions.
You agree Hawaiian Bros may change, add, or eliminate any Loyalty Program’s rewards or benefits, or participating locations; or change or end any Loyalty Program or any feature of Loyalty Program; in whole or in part, at any time, and without notice or compensation, even though such actions may affect rewards in Loyalty Program or your participation in Loyalty Program.
You agree that Hawaiian Bros may provide notices, disclosures, and amendments to these Program Terms, and other information relating to the Program by electronic means, including posting these materials online at https://www.hawaiianbros.com/loyalty-program-terms-and-conditions/.
Overview of the Loyalty Program
As described below, a Loyalty Program is a points-earning and rewards program that rewards members for making purchases and earning corresponding points or participating in other qualifying activities (as may exist, if at all, from time to time) at participating Hawaiian Bros locations and earning corresponding points. Additionally, a Loyalty Program offers members various promotional rewards (for example, a birthday reward).
The Loyalty Program is only valid at participating Hawaiian Bros locations, which may change from time to time in the sole discretion of Hawaiian Bros. Non-participating locations include, without limitation, non-participating franchisee locations, and restaurants in stadiums, airports, hospitals, hotels, college campuses and military bases. The Loyalty Program is valid only in the 50 United States and the District of Columbia.
Loyalty Program Membership Qualifications; Registration
To be an eligible member in any Loyalty Program, you must be (a) a resident of one of the 50 United States or the District of Columbia and at least 13 years of age, (b) have a valid email address and phone number that are each used only by you, and (c) represent only yourself as an individual (such that any corporations, groups, associations, or other commercial participants are not eligible). When registering, you must complete and submit all required registration information. If you have already registered for a Loyalty Program and desire to change your Loyalty Program account member profile information, visit the website for the Loyalty Program and make any desired changes. You are responsible for keeping your information current and for keeping your information consistent throughout your Loyalty Program account member profile. You are allowed only one Loyalty Program account per person.
To register for the One Ohana Program
Go to www.hawaiianbros.com. Your Loyalty Program username(s) and password(s) and other account information are for your personal use only. You are responsible for maintaining the security and confidentiality of your Loyalty Program username(s) and password(s), Loyalty Program account(s) and profile information (including registered email address and phone number), and you agree to be responsible for all activities that occur with any of the foregoing or otherwise in connection with the Program. Neither Hawaiian Bros nor their respective service providers are responsible for use of any of the foregoing without your permission.
Earning Loyalty Program Points; Points Rewards; Redemptions; Expiration.
Subject to these Program Terms, an eligible member whose Loyalty Program account is in good standing may earn 1 point per 1 U.S. dollar ($1) spent on eligible purchases at participating locations in the fifty (50) United States and the District of Columbia. Eligible purchases are limited to all in-store transactions and food purchases at hawaiianbros.com (excluding past purchases, catering purchases, and purchases of gift cards). Points are earned only on the actual amount paid by a member in an eligible transaction (after any applicable discounts and before taxes). Points are earned only on whole dollar purchases and not partial dollar purchases, and a partial dollar purchase will not be rounded up to the next dollar (for example, a $1.15 purchase would earn only one point). Points, if previously earned, will be deducted by HB, in its sole discretion, for returns, cancelled orders, chargebacks and other circumstances affecting an applicable transaction. Purchases at nonparticipating locations, taxes and third party sites are not eligible. Points will not be earned on charitable donations. Participating locations are subject to change in HB’s sole discretion without notice.
To earn rewards based on making eligible purchases (“Points Rewards”), you must “check-in” at the point of sale at a participating HB location prior to completing your purchase. You may check- in at our locations using the phone number registered to your applicable Loyalty Program member account. HB may send you communications (e.g., an email) with additional methods to check in (e.g., a code in an email) if indicated the method may be used for applicable check in purposes in the communication.
Points are automatically redeemed for a Points Reward. At the time the reward is generated, your reward will be posted to your applicable Loyalty Program account and your Loyalty Program points balance will be reduced by the number of points redeemed. To redeem a Points Reward, visit an applicable participating HB location, “check- in” at the point of sale as described above. Your Points Reward will be removed from your Loyalty Program account at the time of use. All Points Rewards expire thirty (30) days after posting to your Loyalty Program account, and if a selected Points Reward expires without redemption, the associated points used to select the Points Reward will not be reinstated to your Loyalty Program account.
You may only redeem one (1) Points Reward or Program Reward (as defined below) per visit, which you may choose at the point of sale. A Points Reward may only be redeemed for the purchase of the selected Points Reward. Redemption of a Points Reward will not earn a member Loyalty Program points.
If you have no activity on your Loyalty Program account for six (6) months, the points in your Loyalty Program account will expire and will no longer be available for redemptions. “Activity” is defined as a “check-in” or a Points Reward redemption at a participating location. If you check-in after being inactive for six (6) months or more, you will continue to be a member of the applicable Loyalty Program but your point balance for the applicable Loyalty Program will start again at zero points.
Points Rewards may not be substituted (except by an applicable HB representative in its sole discretion). Redemption of Points Rewards is based upon availability of the particular Points Reward and you cannot substitute another type of Points Reward for a selected but unavailable Points Reward. A Points Reward can be redeemed across multiple transactions and any unused portion of a Points Reward must be used prior to the expiration date. Partial redemption of Points Rewards is allowed (for example, a $7.50 Points Reward may be redeemed for a $5 transaction and visit; $2.50 can be redeemed in a second visit within the expiration date). In the event of any dispute, HB’s determination of the size or quantity of the Points Reward shall be final.
Points and unused earned Points Rewards (if you have any) will be identified on your account page accessible by logging into your Loyalty Program account on the Loyalty Program website. Your points and Points Rewards shall be as reflected in HB’s records, unless you can prove otherwise to HB’s satisfaction.
Points Rewards are subject to change, elimination or substitution at any time at HB’s sole discretion without notice. Points and Points Rewards (a) have no cash value, (b) may not be redeemed or exchanged for cash or any cash equivalent, (c) may not be combined with other offer, promotion, discounts or coupons (including, without limitation, any other Points Reward or Program Reward), (d) are not transferable, and (e) may not be substituted (except by an applicable Hawaiian Bros, in its sole discretion). Redemption of Points Rewards do not earn Program points. You are not obligated to accept or redeem any Points Rewards. Points Rewards will be deemed forfeited without notice if not used within the allotted time frame, and the associated points used to select the Points Reward will not be reinstated to your Loyalty Program account.
Loyalty Program Rewards; Expiration; Redemption
All eligible members whose Loyalty Program account is in good standing are eligible to receive the following Loyalty Program rewards, which may be redeemed and are subject to expiration as described below.
After registering for the Hawaiian Bros One Ohana Rewards Program, members will receive a one-time welcome reward for one (1) Dole Whip. The One Ohana Welcome Reward is valid for ten (10) days after it is posted to your Loyalty Program account.
One Ohana will post a reward for one (1) ten dollar ($10) complimentary reward that can be used for any purchase at participating locations. The One Ohana Birthday Reward is valid until the end of the month in which the reward is posted to your account. You are eligible to receive one (1) One Ohana Birthday Reward per year.
Active loyalty program accounts will receive an automatic reward for $3.50 after reaching 70 points. The reward will be posted to the pertinent account and can be redeemed on a purchase within 30 days of the reward being posted to the account.
Hawaiian Bros may post certain promotional offers (“Hawaiian Bros Promotional Offers”) to your Loyalty Program account. Hawaiian Bros Promotional Offers will be subject to the terms and conditions of each respective Promotional Offer, including, without limitation, qualifying purchases, additional charges and taxes, additional limits on participating locations, and applicable expiration dates.
For details about the sweepstakes portion of the One Ohana program, please visit “Sweepstakes Rules and Regulations”.
All Loyalty Program Rewards
You may only redeem welcome rewards, birthday rewards, points rewards and promotional offers (collectively, “Loyalty Program Rewards”) at applicable participating Hawaiian Bros locations. A Loyalty Program Reward may only be redeemed at the applicable location. Only one (1) redemption of a Loyalty Program Reward or Points Reward per visit. To redeem a Loyalty Program Reward, visit a participating location, “check- in” at the point of sale using your phone number registered to your Loyalty Program account. Hawaiian Bros may send you communications (e.g., an email) with additional methods to engage in the program including applicable “check in” options in the communication. Each time you redeem a Loyalty Program Reward, the Hawaiian Bros will remove it from your Loyalty Program account. Loyalty Program Rewards are subject to change, elimination or substitution at any time at an applicable Hawaiian Bros’s sole discretion without notice. Loyalty Program Rewards (i) have no cash value, (ii) may not be redeemed or exchanged for cash or any cash equivalent, (iii) may not be combined with other offer, promotion, discounts or coupons (including, without limitation, any other Loyalty Program Reward or Points Reward), (iv) may not be used to satisfy any requirement of any offer that requires you to purchase any item, (v) are not transferable, and (vi) may not be substituted (except by the applicable Hawaiian Bros, in its sole discretion). Redemption of Loyalty Program Rewards do not earn Loyalty Program points. You are not obligated to accept or redeem any Loyalty Program Rewards. Loyalty Program Rewards will be deemed forfeited without notice if not used within the allotted time frame. You may check your available Loyalty Program Rewards online at the applicable Loyalty Program App or website and logging into your Program account. Your Loyalty Program Rewards shall be as reflected in Hawaiian Bros records, unless you can prove otherwise to the HB’s satisfaction.
Hawaiian Bros may conduct test programs from time to time in certain markets which may have additional/different terms than those described in these Program Terms. Hawaiian Bros has no obligation to expand or continue any test or the Loyalty Program, and may discontinue any Loyalty Program at any time. Points, Brand Points Rewards and Program Rewards may not be capable of being earned or redeemed if technical difficulties arise. Hawaiian Bros has no responsibility to retroactively apply Program points, Points Rewards or Loyalty Program Rewards. Hawaiian Bros or their service providers are not responsible for undeliverable, lost, returned, or misdirected emails or other correspondence, or for use of your Loyalty Program accounts or Points Rewards or Loyalty Program Rewards issued, without your permission.
Hawaiian Bros or their service providers are not responsible for: (a) incorrect or inaccurate transcription or posting of Program information, including points, transactions, Points Rewards and Program Rewards, (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the Program; (e) any injury or damage to persons or property, including but not limited to entrant’s computer, phone or other devices, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Program, or from viewing, playing, uploading or downloading any material to or from website(s) or applications; or (f) lost, stolen or expired points, Points Rewards or Program Rewards, none of which will be replaced.
Information We Collect and How We Use It
If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with certain rights with respect to your data. If you are making an election to either delete your personal information or opt out of sharing/selling your personal information and have a Loyalty Program account for any of our Brands, your election will affect your Loyalty Program account as described below:
Please notify Hawaiian Bros immediately at email@example.com of unauthorized use of or lost or stolen One Ohana account information. If you need to update or verify your personal information, or to remove your personal information from an active database (this will be completed as soon as reasonably possible, unless HB needs to retain information for dispute resolution, troubleshooting or other valid legal or business reasons; please note that HB will not remove your historical usage information).
Your Right to Terminate Your Participation in the Program
You may terminate your participation in a Loyalty Program by discontinuing checking-in at the applicable HB locations. Your participation in any or all Loyalty Program may be terminated by HB in connection with actual or suspected unauthorized or fraudulent use of the Loyalty Program: actual or suspected violation of these Program Terms; or actual or suspected conduct by you determined by Hawaiian Bros in its/their sole discretion to be incompatible with participation in the Loyalty Program(s) offered by Hawaiian Bros.
Hawaiian Bros Remedies
Hawaiian Bros reserves the right to seek all remedies available at law and in equity for violations of any of these Program Terms, including suspending or blocking your access to your Loyalty Program account, as applicable, or terminating your participation in Loyalty Program. HB has the right to terminate a Loyalty Program account if there is no point accumulation or Point Reward or Program Reward redemption activity in the Loyalty Program account for one (1) year.
No Representations, Warranties, or Conditions
Hawaiian Bros, their respective affiliates, and their respective franchisees, suppliers and vendors (including, without limitation, technology developers and/or providers) make no representations, warranties or conditions of any kind, express or implied, with respect to the Loyalty Program, including, but not limited to, any implied warranty of merchantability, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Hawaiian Bros does not represent or warrant that the program or website account information will always be accessible or accepted or that your Loyalty Program accounts will always be accessible.
Limitation of Liability
In the event that Hawaiian Bros, any of their respective affiliates, or any of their respective franchisees, suppliers and/or vendors (including, without limitation, technology developers and providers) are found liable to you for any reason, you shall only be entitled to recover actual and direct damages, and such damages shall not exceed $100. Hawaiian Bros and any parent companies, subsidiaries and affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Loyalty Program, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if Hawaiian Bros or their respective authorized representatives have been advised of the possibility of such damages. In no event shall Hawaiian Bros or their respective affiliates have any liability for unauthorized access to, or alteration, theft or destruction of any of your Loyalty Program accounts, through accident, misuse, or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond Hawaiian Bros reasonable control.
No Liability for Third-Party Partners
Hawaiian Bros may engage third-party partner companies to provide certain Loyalty Program, Points Rewards and Loyalty Program Rewards services. Hawaiian Bros is not responsible, and assumes no liability, for the goods and services of such partner companies (including any changes to or discontinuances of such partner companies’ goods or services). NEITHER HAWAIIAN BROS, THEIR AFFILIATES, AND/OR THEIR RESPECTIVE FRANCHISEES, SUPPLIERS AND/OR VENDORS WILL BE LIABLE FOR ANY ACTS, ERRORS, OR OMISSIONS OF ANY THIRD PARTY OR PROGRAM PARTNER, OR ANY THIRD PARTY’S OR PARTNER’S LOYALTY OR REWARDS PROGRAM.
Restrictions of State Law
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Program Terms. In any such jurisdiction, Hawaiian Bros liability is limited to the greatest extent permitted by law.
By participating in the Program, you agree to release Hawaiian Bros and all of their respective affiliates, parent companies, subsidiaries, franchisees, vendors and suppliers, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred through your participation in the Loyalty Program including, but not limited to, the earning of points and Points Rewards, and the receipt, possession, redemption, use and/or misuse of any Points Reward or Loyalty Program Reward.
These Program Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of Missouri, without reference to a state’s conflict of law principles.
Changes to these Program Terms
Hawaiian Bros may amend or replace these Program Terms at any time and will post the amended or replaced Program Terms to their website(s) at hawaiianbros.com. As permitted by applicable law, any amendment or replacement will become effective at the time Hawaiian Bros posts the amended or replaced Program Terms to their websites. Your continued participation in any Loyalty Program will constitute your acceptance to any amendment to or replacement of these Program Terms.
Hawaiian Bros is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill an award, benefit or points in the Loyalty Program in the event any Program or its operations are affected by any acts of God, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, pandemics, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.
Law Enforcement/Government Requests
You agree that nothing contained in these Program Terms prevents Hawaiian Bros from complying with law enforcement or governmental requests or requirements relating to your participation in the Loyalty Program or information provided to or gathered by any Hawaiian Bros with respect to such participation.
A Loyalty Program is void where prohibited or restricted by federal, state or local law. If any provision of these Program Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Program Terms, which will otherwise remain in full force and effect.
These Program Terms constitute the entire and exclusive agreement between you and Hawaiian Bros with respect to the Program. These Program Terms supersede all prior or contemporaneous communications, agreements, advertising, descriptions, terms and conditions, and proposals, whether electronic, oral, or written, with respect to the Loyalty Program or any other version of a member loyalty or rewards program from any Hawaiian Bros or any Hawaiian Bros affiliate. Both you and Hawaiian Bros acknowledge that neither you nor any Hawaiian Bros has been induced to enter into these Program Terms by any representations or promises not specifically stated in these Program Terms.
Precedence; Waiver; Interpretation
If and to the extent that there is any conflict among or between any Brand website (including any Loyalty Program webpages), Brand App (including any Loyalty Program app pages) or other Loyalty Program marketing, promotion, communication or descriptive materials and these Program Terms, the language in these Program Terms will control. Hawaiian Bros failure to or decision not to enforce any provision in these Program Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Program Terms will not affect the validity or enforceability of any other provision.