P.F. CHANG’S REWARDS® PROGRAM TERMS AND CONDITIONS
EFFECTIVE SEPTEMBER 11, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE P.F. CHANG’S REWARDS® PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS OF THE P.F. CHANG’S TERMS OF USE AND PRIVACY POLICY, WHICH ARE INCORPORATED BY REFERENCE. IF YOU ARE A CALIFORNIA RESIDENT, PLEASE SEE THE NOTICE OF FINANCIAL INCENTIVE REGARDING THE P.F. CHANG’S REWARDS® PROGRAM. IF YOU ARE A COLORADO RESIDENT, PLEASE SEE THE OUR COLORADO LOYALTY PROGRAM DISCLOSURES.
THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS IN THE EVENT OF A DISPUTE. PLEASE REVIEW CAREFULLY.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE P.F. CHANG’S REWARDS® PROGRAM.
PROGRAM DESCRIPTION
The P.F. Chang’s Rewards® loyalty reward program (the “Program”) allows participating members to earn promotional Chang’s Ca$h™ rewards on eligible purchases and to receive other promotional rewards (each, a “Reward,” as detailed herein). The P.F. Chang’s Rewards® program is brought to you by P.F. Chang’s China Bistro, Inc. (herein, “we,” “us,” “our,” “ours,” “P.F. Chang’s”). These Terms and Conditions provide the rules governing the Program.
Participation or use of any membership or related benefits in the Program at any time subjects the user (“you,” “your,” “yours,” “Member”) to the provisions of these Terms and Conditions.
For more information on the Program, please visit our FAQs page.
ENROLLMENT
To become a Member of the Program, you may enroll through the P.F. Chang’s website or the P.F. Chang’s mobile app by providing your email address. Members’ participation in the Program is subject to the P.F. Chang’s Terms of Use, which are incorporated herein by reference, and which must be accepted as a condition of enrollment in the Program. Members have the option of providing additional personal information, state of residency, and phone number to complete their Member account profile. All information provided by Members, whether as a result of enrolling in or by otherwise participating in the Program, is subject to the P.F. Chang’s Privacy Policy.
The Program is intended for personal use only. Only legal residents of the United States are eligible to participate in the Program. The Program is not targeted towards, nor intended for use by, anyone under the age of 18. Restaurant employees of P.F. Chang’s and its franchisees are not eligible to enroll in the Program. Commercial use is prohibited. No business entities, organizations, or groups may become a Member.
P.F. Chang’s reserves the right to limit Program participation and enrollment at any time. Limit one email address per membership in the Program, and one membership in the Program per person. P.F. Chang’s also may request additional or different information from existing Members or newly enrolling Members from time to time. You are responsible for providing true and accurate information and to ensure that the information in your Member account profile remains updated. Program communications with you will be made using the information in your Member account profile. P.F. Chang’s is not responsible for your inability to receive or redeem Rewards, Chang’s Ca$h, or other Member benefits, or any other loss arising from your failure to provide and maintain accurate contact information in your Member account profile.
MEMBERSHIP FEES
There is no fee for participating in the Program.
PARTICIPATING LOCATIONS
Chang’s Ca$h Rewards can be earned, and Chang’s Ca$h Rewards and other Rewards can be redeemed, only at participating P.F. Chang’s restaurants in the continental United States and Hawaii, excluding Puerto Rico, airport locations, international locations, P.F. Chang’s To Go®, and Pagoda Asian Grill by P.F. Chang’s™ locations.
MEMBER ACCOUNT INFORMATION
Upon successful enrollment in the Program, Members will receive a unique P.F. Chang’s Rewards Member number (“Member Number”). The Member Number will be used to track purchase activity eligible to earn Chang’s Ca$h Rewards and to identify Members when redeeming Chang’s Ca$h Rewards and other Rewards. Members may not maintain more than one P.F. Chang’s Rewards account. In the event that an individual establishes more than one Member account, P.F. Chang’s may terminate all duplicate accounts without notice.
Members may login to their account via the P.F. Chang’s mobile app or P.F. Chang’s website at any time using their email address and password to view their account, profile information, Chang’s Ca$h Rewards balance, and other active Rewards. Chang’s Ca$h Rewards will be credited to a Member’s account upon completion of a qualifying purchase. In certain cases, it may take up to 48 hours or more after a qualifying purchase for Chang’s Ca$h Rewards to appear in a Member’s account. P.F. Chang’s shall not be responsible for, or liable to, any Member, person, or entity, in any way for any losses, costs or expenses incurred by any delay or error in crediting Chang’s Ca$h Rewards to a Member’s account.
PROGRAM MEMBERSHIP BENEFITS
Birthday Reward If a Member’s profile includes their birthday month, the Member will receive a Birthday Reward—a complimentary appetizer or dessert of the Member’s choice to enjoy any time during the Member’s birthday month at a participating P.F. Chang’s location.
Chang’s Ca$h™ Rewards Members will earn Chang’s Ca$h Rewards based on their eligible purchases, as a percentage of every U.S. dollar (US$1) spent on eligible purchases at participating P.F. Chang’s locations. The applicable percentage earning rate for Chang’s Ca$h Rewards will be as advertised at the time of the eligible purchase, and will be set in P.F. Chang’s sole discretion. Every time you earn Chang’s Ca$h Rewards, the value earned will be added to the Chang’s Ca$h Rewards balance available in your account and eligible for use toward your next qualifying purchase of food and non-alcoholic beverages at a participating P.F. Chang’s location. Chang’s Ca$h Rewards must be redeemed within sixty (60) days from date of issuance. To earn Chang’s Ca$h Rewards, the Member must either be logged into their P.F. Chang’s Rewards® account (if ordering through the P.F. Chang’s mobile app or P.F. Chang’s website) or must provide either the email address associated with Member’s account profile or their Member Number to the server prior to payment (for in-restaurant purchases). At locations in California, Member must provide Member Number; requirements at other participating locations may vary. Member may earn Chang’s Ca$h Rewards only on purchases at participating locations made by the Member directly. Chang’s Ca$h Rewards for any single qualifying purchase may be credited to only one Member account. Eligible purchases exclude purchases made with third party ordering services, the purchase of P.F. Chang’s gift cards, alcohol, taxes, surcharges, rewards, comps, tips, and promos.
If Members do not login to their account or provide a valid email address or Member Number (as applicable) prior to making a qualifying purchase, Members can still earn Chang’s Ca$h Rewards by providing receipt information and the email or Member Number associated with the account within thirty (30) days following the original qualifying purchase to P.F. Chang’s through the Member’s P.F. Chang’s Rewards® account or by contacting P.F. Chang’s Guest Relations. Retroactive credit for Chang’s Ca$h Rewards is not available without proof of purchase and is subject to credit in P.F. Chang’s sole discretion.
Chang’s Ca$h Rewards are personal to each Member and may not be sold, transferred, assigned or shared, and may not be used by the Member for any commercial purpose. Chang’s Ca$h Rewards are promotional in nature and have no cash value. Members have no property rights or other legal interests in Chang’s Ca$h Rewards. Chang’s Ca$h Rewards may only be redeemed on a qualifying purchase of food and non-alcoholic beverages at a participating P.F. Chang’s location within sixty (60) days of issuance. Chang’s Ca$h Rewards may not be redeemed for cash under any circumstances. If a Member voids an eligible purchase or requests a refund on an eligible purchase, P.F. Chang’s will deduct the Chang’s Ca$h Rewards associated with that purchase from the Member’s account.
No portion of any payment for purchases qualifying for Chang’s Ca$h Rewards constitutes consideration for Chang’s Ca$h Rewards earned.
OTHER PROGRAM PROMOTIONS AND BENEFITS
From time to time, P.F. Chang’s, in its sole discretion, may offer (1) a Chang’s Ca$h Reward incentive to invite other users to participate in the Program; (2) other purchase promotions; or (3) other Program benefits or promotions. Such offers will be subject to these Terms and Conditions and any additional terms set forth in the specific offer, including, but not limited to, minimum qualifying purchase requirements. Some promotions or benefits may not be identified to Member in advance. Activities or purchases tied to specific Program promotions or benefits must be fully completed, as determined by P.F. Chang’s in its sole discretion.
BIRTHDAY REWARDS & CHANG’S CA$H REWARDS REDEMPTION
Birthday Rewards
In accordance with the Program terms, Members may receive a Birthday Reward redeemable for a free appetizer or dessert selection during the Member’s birthday month. A Birthday Reward, once issued, will be eligible for redemption with Member’s next qualifying purchase at a participating P.F. Chang’s location. Birthday Rewards may be redeemed for the free menu item(s) specified, which may be subject to change without notice, at all participating P.F. Chang’s restaurants in the continental United States and Hawaii, excluding Puerto Rico, airport locations, international locations,, P.F. Chang’s To Go® and Pagoda Asian Grill by P.F. Chang’s™ locations. To redeem a Birthday Reward, a Member must provide the email address or Member Number (as applicable) associated with the Member’s account for the Birthday Reward to be applied as a credit for the highest priced eligible menu item on a Member’s guest check. Charges for modifications are not included in the Birthday Reward and will be billed separately. Only one (1) Birthday Reward may be redeemed per guest check and no more than one (1) Birthday Reward may be redeemed per Member per visit. Birthday Rewards may not be redeemed in conjunction with any other promotional offer or discount (including redemption of Chang’s Ca$h Rewards) and not valid with takeout or delivery.
Birthday Rewards expire on the last day of the Member’s birthday month.
Chang’s Ca$h Rewards
Once issued, Chang’s Ca$h Rewards will be eligible for redemption for Member’s next qualifying purchase of food and non-alcoholic beverages at any participating P.F. Chang’s restaurants in the continental United States and Hawaii, excluding Puerto Rico, airport locations, international locations, P.F. Chang’s To Go® and Pagoda Asian Grill by P.F. Chang’s™ locations. To redeem Chang’s Ca$h Rewards, the Member must be logged into their P.F. Chang’s Rewards® account (if ordering through the P.F. Chang’s mobile app or P.F. Chang’s website) or must provide either the email address associated with Member’s account profile or their Member Number to the server prior to payment (for in-restaurant purchases) for the Chang’s Ca$h Rewards to be applied as a credit toward a Member’s check. Chang’s Ca$h Rewards are for one-time use only, have no cash value, and cannot be redeemed for cash or used for the purchase of gift cards or alcohol, or for taxes or gratuities. Unused, unexpired Chang’s Ca$h Rewards will remain available for use in the Member’s account for sixty (60) days after issuance. Chang’s Ca$h Rewards may not be redeemed in conjunction with other promotional offers and discounts (including redemption of Birthday Rewards) and are not valid with third party takeout or delivery services. Chang’s Ca$h Rewards must be redeemed within sixty (60) days from date of issuance. Any Chang’s Ca$h Rewards not redeemed within sixty (60) days from issuance will expire and be deleted from the Member’s account.
PROGRAM COMMUNICATIONS
By participating in the Program, Member is opting in to receive transactional Program communications, which include but are not limited to: marketing communications including offers and promotions as well as information regarding events and various other marketing materials via email about Chang’s Ca$h Rewards, Birthday Rewards, and the Program. Members can update their email address on the “Update Account” page on the P.F. Chang’s website. It is the Member’s sole responsibility to keep their email address updated and accurate. Consent to receive Program related communications electronically will continue to be valid until the Member revokes consent by terminating membership in the Program. Members may choose at any time to opt out of receiving transactional Program communications that contain marketing messages by unsubscribing or changing their email preferences by logging into their online account.
INACTIVE ACCOUNTS
P.F. Chang’s will consider a Member account inactive after 365 days of non-use (“Inactive Account”). All Chang’s Ca$h Rewards and Birthday Rewards accumulated in any Inactive Account will expire and be deleted from the account.
P.F. Chang’s may, in its sole discretion, deactivate or permanently delete Inactive Accounts at any time.
CHANGES TO PROGRAM AND TERMINATION
P.F. Chang’s reserves the right, in its sole discretion, at any time and without notice to Members: (1) to change Program benefits or adjust the way Birthday Rewards and/or Chang’s Ca$h Rewards are received, calculated, or redeemed, including earning rates, value, minimum spend requirements for redemption, or expiration dates for Birthday Rewards or Chang’s Ca$h Rewards; and (2) to make modifications to, or terminate, discontinue, or cancel the Program, or merge it with a new or different loyalty program. Any changes or modifications become effective immediately upon posting revisions to these Terms and Conditions on the P.F. Chang’s website. You waive any right you have to any notice of such changes or modifications. Your participation in the Program confirms your acceptance of these Terms and Conditions and all such changes or modifications. You should review these Terms and Conditions and any applicable FAQs or other guidelines frequently to understand the terms that apply to the Program. If you do not agree to these Terms and Conditions or any changes or modifications to these Terms and Conditions, you must stop participating in the Program.
P.F. Chang’s may, in its sole discretion, suspend, cancel, or combine Member accounts that appear duplicative. P.F. Chang’s may, in its sole discretion, terminate, suspend (either temporarily or permanently) or deactivate a Member’s membership in the Program if it determines, in its sole discretion, that a Member has violated the Program’s Terms and Conditions, misused or abused the Program, acted fraudulently or in violation of the law in any way, or acted in a manner contrary to P.F. Chang’s interests. In case of termination of a Member’s account for any reason, the affected Member’s Chang’s Ca$h Rewards and any issued Birthday Rewards will be immediately and automatically forfeited. In the case of P.F. Chang’s termination of the Program as a whole, P.F. Chang’s may, in its sole discretion, allow Members to redeem any outstanding valid and unexpired , Chang’s Ca$h Rewards and/or Birthday Rewards at participating locations. Any unredeemed or unexpired, Chang’s Ca$h Rewards and Birthday Rewards shall be cancelled at the earlier of either the expiration of the then-current Birthday Rewards or Chang’s Ca$h Rewards, or sixty (60) days after the Program’s termination.
P.F. Chang’s shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Terms and Conditions, and any decision it makes relating to suspension, deactivation, or termination of any membership (including but not limited to cancellation of Chang’s Ca$h
Rewards, Birthday Rewards, or offers) or the Program as a whole shall be final and binding. Should you object to any of these Terms and Conditions, subsequent changes or modifications to the Terms and Conditions, or become dissatisfied with the Program or any of P.F. Chang’s decisions about the Program, your sole remedy is to discontinue participation in the Program by terminating your Member account.
RESOLUTION OF DISPUTES
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona without application of conflict of laws rules, except that the arbitration provision shall be governed by the Federal Arbitration Act (“FAA”).
Resolution of any Dispute
If a dispute arises between you and P.F. Chang’s, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our toll-free number: 1-866-732-4264
Or write to us at:
P.F. Chang's
Attn: Guest Relations Manager
8377 East Hartford Drive
2nd Floor
Scottsdale, AZ 85255
If, however, there is any remaining issue that needs to be resolved, these Terms describe how both of us will proceed:
Binding Arbitration
YOU AND P.F. CHANG’S AGREE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THAT THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE P.F. CHANG’S REWARDS® PROGRAM IS BINDING ARBITRATION. INSTEAD OF SUING IN COURT, YOU AND P.F. CHANG’S EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO P.F. CHANG’S INTELLECTUAL PROPERTY RIGHTS; STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE; INDEMNIFICATION; CONTRIBUTION; INTERPLEADER; OR INJUNCTIVE RELIEF ARISING OUT OF A CLAIM. This arbitration provision is intended to be broadly interpreted. It includes arbitrable claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claims”). The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver
YOU AND P.F. CHANG’S EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS AND CONDITIONS OR THE P.F. CHANG’S REWARDS® PROGRAM.
Class Action Waiver
Any arbitration under these Terms and Conditions shall be conducted by a single arbitrator who shall have no authority to award class-wide relief. You acknowledge and agree that these Terms and Conditions specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person (“Class Action Waiver”).
Arbitration Procedures
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to P.F. Chang’s shall be sent to the following address: P.F. Chang's, 8377 East Hartford Drive, 2nd Floor, Scottsdale, AZ 85255. All notices to you will be sent to the email provided in your P.F. Chang’s Rewards® Program Member account. Upon receipt of such notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or P.F. Chang’s may commence an arbitration proceeding. Unless otherwise agreed to by you and P.F. Chang’s in writing, the arbitration of any Claim under these Terms and Conditions shall be referred to JAMS under its rules and procedures, be decided before a single arbitrator, and will follow substantive law in adjudicating the dispute, except that this Section will be construed as a written agreement to arbitrate pursuant to the FAA. You and P.F. Chang’s agree that this Section satisfies the writing requirement of the FAA. The JAMS rules are available on its website at www.jamsadr.com. The arbitration of any Claim shall be conducted in the State of Arizona, and for any non-frivolous Claim that does not exceed US$10,000, P.F. Chang’s will: (1) pay all costs of the arbitration; (2) if you prefer, will conduct the arbitration by telephone; and (3) will not seek attorneys’ fees in the event P.F. Chang’s prevails. Each party shall pay the fees and costs of its own counsel, experts, and witnesses. To the extent this dispute resolution section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard will control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms and Conditions, including any claim that all or any part of these Terms and Conditions is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
Exception
All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration, with the exception of any Claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which Claims or actions shall not be subject to arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration.
Choice of Law
Any proceeding to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against P.F. Chang’s (except for small claims actions) may be commenced only in the federal or state courts of Arizona. You hereby consent to the jurisdiction of those courts for such purposes.
Resolution of Disputes for Non-U.S. Residents
Although only legal residents of the United States are eligible to participate in the P.F. Chang’s Rewards® Program, if any controversy, allegation, or Claim (including any non-contractual Claim) arises out of or relates to the P.F. Chang’s Rewards® Program or these Terms and Conditions and you are a non-U.S. resident, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us, but if no such information exists or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent to P.F. Chang's, 8377 East Hartford Drive, 2nd Floor, Scottsdale, AZ 85255. For a period of sixty (60) days from the date of receipt of notice from the other party, P.F. Chang’s and you will engage in a dialogue in order to attempt to resolve the dispute in good faith, though nothing will require either you or P.F. Chang’s to resolve the dispute on terms either you or P.F. Chang’s, in each of our sole discretion, deem unsatisfactory. Nothing in this Section will prevent a party from pursuing their Claim in court or another complaint process.