VIP Terms

General VIP Program Terms

These VIP Program Terms & Conditions (“Rewards Program” or the “Program”) constitute a binding legal agreement in electronic form between you (“you,” “your,” “yourself,” and/or “Member”) and Cunningham Restaurant Group and its affiliated companies (collectively “CRG,” “Company,” “we,” “our,” or “us”). These Terms & Conditions (“VIP Terms” or “Membership Terms”) govern all aspects of participation in the “Program.”

These VIP Terms are subject to interpretation by CRG in its sole discretion and are governed by Indiana law without regard to the principles of conflicts of laws. These VIP Terms are subject to periodic changes that CRG may make in its sole discretion. Unless otherwise specified herein, all changes to these VIP Terms and the participation requirements apply to all Members, including Members enrolled before the date the changes take effect. By participating in the Rewards Program or accepting any Program benefits or offers, you agree to these VIP Terms, which may be updated from time to time and are available for review at www.crgdining.com and will supersede all previous versions of these VIP Terms. Your continued participation in the Program constitutes acceptance of the most current Membership Terms. If you do not agree to these terms, you must elect not to join the Program.

PLEASE READ THESE REWARD TERMS CAREFULLY. THESE REWARD TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT

The Cunningham Restaurant Group (CRG) VIP Program is open to individuals who: (a) are a legal resident of the United States, (b) are over the legal age of majority in their state, province, or territory of residence at the time they register for the Program, (c) have a postal address that the United States Postal Service recognizes, (d) have an active email address, and (e) have an active telephone number (landline or mobile). For greater certainty, only individuals may register for the Program. No corporations, partnerships, limited liability companies, trusts, or other legal entities (with the exception of individuals) may register for the Program. Points may not be credited to business entities or other groups.

One point is earned for each dollar spent on food and beverage (excluding tax and gratuity) at all participating CRG Restaurants and CRG Event Center. Participating restaurants include the following concept brands: Bru Burger Bar®, Boulder Creek Dining Company, Charbonos®, Livery®, Mesh®, Nesso®, Provision®, Rize®, Stone Creek Dining Company®, Tavern at the Point, Theo's Italian, Union 50®, and Vida®.

How to Sign-Up

• In Person: You can sign up for the Program directly through your server at any CRG Restaurant.
• Online: You can sign up for the Program online and have your card activated and ready upon your next visit. This can be completed prior to visiting the restaurant, or on a mobile device anywhere that is convenient for you. You will receive your VIP card number immediately in an email confirmation, it will be accessible to your server, and your physical card will be shipped to the mailing address you designate during sign-up.
• Mobile App: You can sign up for the Program online and have your card activated and ready upon your next visit. This can be completed prior to visiting the restaurant, or on a mobile device anywhere that is convenient for you. You will receive your VIP card number immediately in an email confirmation, it will be accessible to your server, and you will not be issued a physical card with this type of signup, but rather your card will be stored in your Mobile App settings.

How to Register

• Online: Your VIP card is already registered and active at the time of submission.
• In Person: Your registration can be completed by visiting crgdining.com/VIP.
• Mobile App: Your VIP card is already registered and active at the time of submission.

Registration is required in order to have access to your VIP account online. Online VIP account access allows you to view account balance information, update contact information, and designate preferences. Registration is also required to redeem rewards of any kind.

If for some reason during registration, the system presents an error stating that the name is not accurate, your VIP account likely needs to be adjusted by our Home Office team. Please email VIP@crgdining.com with your card number, full name, and contact information should this occur.

Qualifying Purchases

Under the Program, Members can earn 1 point per $1 (USD) spent on food and beverage purchases for dine-in, To-Go, and catering orders. VIP points can be earned through qualifying purchases at Participating Locations only. Members can also earn one point per $1 (USD) spent on private dining or contracted group dining events, where available. Only the party paying is eligible to receive VIP Reward points.

• Dollars spent are calculated after subtracting any eligible discounts, charitable items, or Rewards that have been applied.
• The availability to earn points on alcohol purchases is subject to state and local laws.
• If you are splitting a bill, the points will be allocated to the parties that split the bill.
• To earn points for your Private Dining, you must have a CRG VIP Card. Points are allocated for all food and beverage purchases.
• Points can be allocated after the dining experience to a VIP Program Member with a valid itemized receipt and proof of payment. The subtotal of the bill will be added as points to the VIP card.
• VIP Points cannot be given to another VIP Member.
• You are not limited to the number of points you can accumulate or the number of rewards you can accumulate.

Ineligible Purchases

Room rentals, gratuities, gift card purchases, and sales tax do not earn VIP points.

You may request a credit for any purchases or transactions that are missing from your account within 30 days of the original purchase by contacting customer service and submitting a request, including the required information. In order to receive credit for a net qualifying purchase, you must have the receipt information available, including the restaurant name, restaurant location number, check number, and date of purchase.

VIP Rewards Redemption

Upon reaching 1,000 VIP points, you will receive a VIP Reward valued at $100 loaded into your VIP Account. This reward along with your Birthday and Anniversary Reward will be viewable in all ways that you access your VIP account. This is equivalent to a 10% discount each time you dine, once you have accumulated the number of points needed for a reward. This reward can be redeemed at your next visit toward the purchase of food and beverage only (excludes tax and gratuity.) The ability to redeem Reward points on alcohol purchases is subject to state and local laws. Rewards cannot be used toward the purchase of gift cards, tax, or gratuity.

Additional VIP Program Benefits

Throughout the year VIP Program members receive additional benefits of a free appetizer or dessert for the following special occasions:

• Birthday
• Anniversary

VIPs will receive an email notification to show to their server and their Rewards will be loaded into their account and ready to redeem upon full registration.

The "Fine Print"

Enrollment

1. To complete enrollment into the Program, must provide your first name, last name, a valid and current email address, an active North American mobile telephone number, and your birthdate. Only one Membership may be associated with a single email address and single telephone number. You may have one and only one Membership. Members who enroll by providing their mobile number to their server within the restaurant are considered only partially enrolled. To be fully enrolled and to redeem rewards, you will need to complete your full enrollment by providing additional information on the website, at an in-restaurant device where available, or by contacting customer service.

2. There is no fee to join the Program, and a purchase is not required to become a member. By providing your information, you consent to us collecting, using, and sharing your information in accordance with our current Privacy Policy and subject to these Rewards Terms.

3. VIP Points in a Member's account do not constitute property of the Member, have no cash value, and cannot be transferred during or after the Member's life, by operation of law or otherwise.

4. The Program may not be used for reselling or profit. The company may investigate any suspected violation of this provision, which may result in immediate termination of the Program account and forfeiture of corresponding points, benefits, and Rewards. Company reserves the right to void Program accounts associated with anyone who has engaged in deception, forgery, fraud, or other abuses of the Program, including reselling Rewards, or violations of our intellectual property or other rights determined in the sole discretion of the Company. Multiple accounts corresponding to the same person will be subject to termination without notice. If an account is terminated, all points, benefits, and Rewards will be forfeited. The company reserves the right to deny membership if we deem your conduct to violate these VIP Terms.

5. You may cancel your membership in the Program at any time by contacting customer service.

Errors or Fraud

The Company may adjust your VIP account status or Points balance, at any time and without notice, due to any (A) computer error, (B) technical issues experienced by the Company, (C) machine malfunction, (D) employee, customer, or other error, (E) fraud or other misuse of Points or the Program or (F) other reason which Company deems appropriate. All transactions involving Points are subject to review and verification by the Company. All Points are for one-time use, and all transactions involving Points are final unless otherwise determined by the Company. Any violation of these VIP Terms may result in the confiscation or cancellation of your Points and the suspension or termination of your Membership.

Communications

1. Program communications will be conducted through various channels, including but not limited to, in-restaurant communications, the Program website, email, SMS Text, and through Mobile App. Recurring messaging and frequency may vary. Consent is not a condition of any purchase. For help, contact vip@crgdining.com or 1-317-378-7274 for customer support. Click here for our Privacy Policy.

2. Certain Member communications are transactional in nature (e.g. purchases that earn points, updates to profile information). Members cannot opt out of these communications and will continue to receive such notices until Membership is terminated.

3. Certain communications are considered promotional in nature. Members have the option of opting out of these communications. Members can visit their profiles at any time to update their communication preferences.

4. The Company expects Members to submit and maintain accurate and current information in connection with their Memberships. Such information includes name, email address, and mobile telephone number. Members can change/update their account information by accessing their member profile, or by contacting customer service.

5. The Company and affiliates reserve the right to make promotional offers available to members, based on purchase activity, Program participation, or other factors solely at the discretion of the Company.

Limitation of Liability

In this Limitation of Liability section of the Program, CRG and its parent company, subsidiaries, affiliates and their respective directors, officers, shareholders, employees, agents and franchisees and the respective parent companies, subsidiaries, directors, officers, employees, and agents of such franchisees are referred to as the "CRG Parties." By registering for and participating in the VIP Program, you agree that, to the fullest extent permitted by law, none of the CRG Parties shall be liable to you for (1) any claim, loss, injury, damage, delay, accident, cost or expense, including legal fees, arising out of or related to the Program, Rewards, these Rules or the Website; (2) any incidental, indirect, special, punitive, exemplary or consequential damages, arising out of or related to the Program, Rewards, (3) any failure, delay or decision by the CRG Parties in administering the Program; (4) any use of your VIP Card by a party that you did not authorize to use your VIP Card; (5) any representation, claim, offer or statement we make about the Program; and (6) your use and acceptance of any Rewards you receive through the Program. You further agree that in no event will the CRG Parties be liable to you for more than USD$50 in the aggregate on account of all wrongful acts or omissions by the CRG Parties arising out of or relating to the Program, Rewards, these Rules, or the Website.

You agree to indemnify, defend, and hold harmless CRG and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Sites and any violation of these Terms of Use. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. CRG reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to cooperate with CRG in the defense of such matter.

Disputes

1. You agree that by entering into these VIP Terms, you and Company are each waiving the right to trial by jury and the ability to participate in a class action.

2. Any and all disputes the Company or you have relating in any way to the VIP Program or your relationship with the Company (including without limitation with respect to points, program data, your transactions with the Company, the Company's advertisements and disclosures, email and mobile SMS (text) messages Company sends to you, or the use or disclosure of any information about you), these rewards terms, privacy policies, terms of use, or your status as a Member (collectively, "Program Claims") will be submitted to confidential arbitration in the federal judicial district in which you reside, except to the extent that you have, in any way, violated or threatened to violate any Company intellectual property right. Program Claims include claims based on contract, tort (including intentional tort), fraud, agency, your or the Company's negligence, statutory or regulatory provisions, or any other source of law.

3. A Member who intends to seek arbitration must first send to the Company, by certified mail, a written Notice of Dispute ("Notice"). The Notice to the Company must be mailed to 530 Fulton Street, Suite 100, Indianapolis, Indiana 46202 Attn: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration.

All arbitrations required by these VIP Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator's award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Rewards Claims is to be joined to an arbitration involving any other party subject to these VIP Terms whether through class arbitration proceedings or otherwise. Unless the Company and Member agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.

For arbitration claims you assert against the Company in accordance with this section (but not for any arbitration claim against you) the Company will pay all of your administrative, hearing, and arbitrator's fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, the Company will pay it, and you will pay your, lawyers, experts, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against the company in any court, or in arbitration, with respect to any program claims. This section (confidential arbitration) will survive the termination of the relationship between you and the Company.

The Company or you may seek injunctive relief only in any state or federal court in Marion County, Indiana, USA, and the Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Marion County, Indiana USA for injunctive relief purposes. The arbitrator shall have no authority to issue injunctive relief.

Notwithstanding anything to the contrary in these VIP Terms, under no circumstances is the company liable for any incidental, indirect, special, punitive, exemplary, or consequential damages. Your maximum recovery under any theory of liability shall not exceed the number of points awarded to you by the Company during the first six (6) months preceding that act or omission which gave rise to your program claim(s).

Trademarks and Copyrights

Trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of CRG, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Sites without the owner's prior written permission, except as otherwise described herein. CRG reserves all rights not expressly granted in and to the Sites and its content. The Sites and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Changes to These Terms of Use

CRG reserves the right in its sole discretion to change, modify, add, or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the relevant Sites. It is your responsibility to check periodically for any changes we make to the Terms of Use. Revised terms will take effect five days after their publication on the relevant Sites and will apply only on a going-forward basis. Your continued use of the Sites after that point signifies that you accept the changes.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and CRG with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to the use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.

VIP Eligibility

All guests visiting CRG-participating restaurants are eligible to participate in the program.

Team Members of Cunningham Restaurant Group (CRG) and their immediate families are not eligible for membership.