Bertucci’s Text Club
Terms & Conditions 2017
Activating Text Club Membership: Use your mobile phone to text “EatBertuccis,” or any other initiating message provided by Bertucci’s during any promotion, to the short code 41208, follow any confirmation instructions you receive via text message, and you will be subscribed to Bertucci’s Text Club and be eligible to receive promotional messages distributed to Text Club members.
Bertucci’s may use an automatic dialing system to deliver text messages to you. The Federal Communications Commission defines an “automatic telephone dialing system” or autodialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. By your subscription to the Bertucci’s Text Club subscription text message program, you give your consent to Bertucci’s to use an automatic dialing system to deliver text messages to the mobile number for which you have provided to Bertucci’s. Your consent to participate in this Text Club program is not a condition required to purchase any goods or services from Bertucci’s.
Stop/Unsubscribe to Text Club Messages: Receipt of future text messages from Bertucci’s Text Club can be cancelled at any time by texting “STOP” or “STP” to 41208 from your mobile phone. You agree that your prior express consent to receive Text Club messages shall continue indefinitely unless and until you cancel your prior express consent as set forth in the previous sentence. While Bertucci’s will endeavor to fulfill any requests to cancel made by means other than that set forth above (e.g., requests made by telephone, email, or facsimile), it cannot guarantee the effectiveness of such means of canceling your prior express consent, and you hereby release Bertucci’s and its agents from any liability related to your efforts to revoke your prior express consent by means other than that set forth in the first sentence of this paragraph.
A text message revoking your prior express consent must contain only the word “STOP” or “STP” with no additional words or punctuation. As with attempts to revoke by means other than text message, Bertucci’s will endeavor to fulfill any nonconforming text messages seeking to revoke your prior express consent. Because of the automated texting system used, Bertucci’s cannot guarantee that nonconforming text messages will be effective to revoke consent, and you hereby release Bertucci’s and its agents from any liability related to your efforts to revoke your prior express consent by text message that does not strictly comply with these Terms & Conditions.
By enrolling in this Text Club, you consent that, following a request to revoke your prior express consent to receive text messages from Bertucci’s, you will receive one (1) final message from Bertucci’s confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you provide re-subscribe to Bertucci’s Text Club. You hereby release Bertucci’s from any liability related to a confirmatory text message or the timeliness in which you receive one.
Get Help or Support: To get help or answers to your questions regarding this Text Club, email us at email@example.com or contact Guest Relations at http://www.bertuccis.com/contact-us. From your mobile phone, you can request that Bertucci’s send you an additional text message that will include helpful information regarding the program as well as relevant contact information by texting “HELP” or “HLP” to 41208.
Pricing: Message and Data Rates May Apply. Bertucci’s does not charge for Text Club membership or messages. Participation in the Text Club on this short code is standard rated (no premium content). Contact your mobile phone carrier for your plan details.
Message Frequency: Frequency of Messages Varies. Factors that may affect message frequency include time of year and presence of ongoing promotions, among others. You should expect to receive at least one message per month, but Bertucci’s makes no guarantees with respect to message frequency.
Changes in Terms: Bertucci’s reserves the right to change these terms or cancel the Text Club at any time. Please check these Terms & Conditions on a regular basis for changes. Your continued use and acceptance of text messages from Bertucci’s Text Club after changes are posted to these Terms & Conditions will mean that you accept the terms as modified by the posted changes.
Choice of Law: THE MASSACHUSETTS COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE TEXT CLUB AND/OR ARISING OUT OF THESE TERMS & CONDITIONS, AND THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS SHALL GOVERN THE SWEEPSTAKES. EACH PARTICIPANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
Limitations of Liability: By participating in this Text Club you agree that Bertucci’s, as well as its officers, directors, employees, agents, parents, subsidiaries, and affiliates (collectively with Bertucci’s, the “Released Parties”), shall not be responsible or liable for, and hereby release the Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Text Club. Failure of Bertucci’s to enforce any provision herein shall not be deemed a waiver of such. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT HEREIN BE PERMITTED TO OBTAIN AWARDS FOR, AND BY PARTICIPATING IN THE TEXT CLUB YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, OR ANY OTHER DAMAGES WHATSOEVER.
Disputes: By participating in the Text Club, you agree that: (1) any controversy or claim arising out of or relating to (i) the Text Club, and/or (ii) the determination of the scope or applicability of these Terms & Conditions or their enforcement, arbitrability or interpretation (each, a “Claim”) you may have against the Release Parties will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Massachusetts; (4) the arbitrator’s decision shall be controlled by these Terms & Conditions; (5) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any Claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or Bertucci’s individual Claims; the arbitrator may not consolidate or join the Claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or Bertucci’s; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Bertucci’s exceed $125, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Bertucci’s agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bertucci’s will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
Sponsor: Bertucci’s Corporation, 155 Otis Street, Northborough, MA 01532.