Loyalty Rewards Program Terms & Conditions

General.  By registering and using an account on the Sites, Apps, or Services in accordance with these Terms and Conditions (these “Terms”), you are opting into Rita’s loyalty and rewards program (the “Loyalty Program”) and agree to be bound by these Terms, Rita’s General Terms and Conditions, the Rita’s User Generated Terms and Conditions, Rita’s Cookie Policy, Rita’s Privacy Policy, and Rita’s California Privacy Policy (for California residents), each of which is incorporated herein by reference. After registration, you are a Loyalty Program member (“Member,” “you,” or “your”) and eligible to earn and/or redeem loyalty rewards (individually, a “Loyalty Reward” and collectively, “Loyalty Rewards”) sent to you by Rita’s Franchise Company, LLC (“Rita’s,” “we,” “us,” or “our”) via our online ordering application and processes (collectively, the “App”).  Loyalty Rewards may only be available for a limited time, and Rita’s, in its sole discretion, has the right to change how Loyalty Rewards are earned and/or redeemed.  Registration and participation in the App and Loyalty Program is your acceptance of these Terms, including any future modifications.

About Rita’s Loyalty Rewards and Birthday Rewards. Loyalty Rewards and Birthday Rewards are one way in which Rita’s rewards and thanks loyal customers for patronizing Rita’s shops and purchasing Rita’s products. Based on qualifying purchases, Members earn Loyalty Rewards which may be redeemed at participating Rita’s shops.  Members can also qualify for birthday rewards (individually, a “Birthday Reward” and collectively, “Birthday Rewards”) which can be redeemed at participating Rita’s shops.  Unfortunately, not all Rita’s stores have the ability to award Loyalty Rewards and Birthday Rewards at this time.

Personal Use.  The Loyalty Program is intended for personal use only.  Commercial use is prohibited.  The Loyalty Program is not targeted towards, nor intended for use by, anyone under the age of 13.

Opt-in for Communications. By registering and using an account on the Sites, App, or Services, each Member opts-in to communications from Rita’s through text messages, emails, and push notifications.

Online Orders and Payments through App. You acknowledge and agree that placing an online order through the App is at your own risk and we are not liable for any damages, losses, costs or expenses that result from the use of, or inability to use the App and/or materials on any website linked to the App (including but not limited to any viruses or any other errors, defects or failures in computer transmissions or network communications). In addition, no liability can be accepted by us in respect of any changes made to the content of the App by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted by the applicable law. You further acknowledge and agree that all online orders are treated as an express intention to purchase the nominated products for the agreed online prices and we treat this as a binding offer from you to purchase such products. Any products provided through the App are done so on an “as is” and “if available” basis. Participating Rita’s shops intend to fulfill online orders within the time specified when the order is placed. If your online order cannot be fulfilled because the ordered products are not in stock or for some other reason, you will receive a notification to that effect and you will have the right to cancel the online order without any costs. A voided/refunded purchase does not count towards Loyalty Rewards accumulation. Payments for online orders through the App are processed through Clover Network, Inc. You agree to provide accurate and complete information for all transactions made through the App. All payments are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we are not liable for delay or cancellation of your online order. We implement industry-standard security measures to protect the confidentiality of your payment card information.

Earning Loyalty Rewards.  You can earn Loyalty Rewards for eligible purchases made at any participating Rita’s shop through the App. For the purpose of earning Loyalty Rewards, a “purchase” is an in-person or online (via Rita’s App or Rita’s website) transaction where a Member purchases one or more products from a participating Rita’s shop. To earn Loyalty Rewards while visiting a participating Rita’s shop, you must provide the Rita’s shop with your in-App QR code to scan, email address, or phone number (“Account Verification”). After seven (7) purchases with Account Verification, you will receive a Loyalty Reward via the App for a free small Italian ice, frozen custard, or gelati, which is redeemable at participating Rita’s shops. Loyalty Rewards are automatically earned with purchases made through online ordering via the App. It may take up to 48 hours for a Loyalty Reward to become eligible for redemption, a Loyalty Reward cannot be redeemed on the same day it is earned, and only one (1) purchase every four hours counts towards Loyalty Rewards.

Earning Birthday Rewards.  Members can receive a Birthday Reward by opting-in through the Site, App, or Service through providing his/her birth year and month upon registering for an account. Through the App, we will issue each Birthday Reward for a free small Italian ice, frozen custard, or gelati, which is redeemable at participating Rita’s shops. If a Member does not opt-in through the Site, App, or Service and provide his/her birth year and month, such Member will not receive a Birthday Reward.  Members will receive a Birthday Reward on the Member’s birthday or Half Birthday if the Member’s preferred Rita’s shop is a seasonal shop and the Member’s birthday falls between October and February.  To redeem a Birthday Reward while visiting a participating Rita’s shop, the Member must complete Account Verification. To redeem a Birthday Reward in connection with an online order via the App at a participating Rita’s shop, the Member must select Birthday Reward in the App before submitting the order.  Members are only eligible to receive one Birthday Reward per year and a Birthday Reward is only redeemable for seven (7) days after being issued to the Member’s account.  If a Member does not use a Birthday Reward within seven (7) days of the issuance of the Birthday Reward, the Birthday Reward expires and is automatically forfeited and removed from the Member’s account.  A Birthday Reward is only available for a limited time and Rita’s has the right to change, eliminate, or substitute Birthday Rewards in its sole discretion.

Redeeming Loyalty Rewards and Birthday Rewards.  To redeem a Loyalty Reward/Birthday Reward while visiting a participating Rita’s shop, you must (i) have a Loyalty Reward/Birthday Reward to redeem in your account and (ii) provide our Treat Team your in-App QR code for them to scan, email address or phone number (“Redemption”). To redeem a Loyalty Reward/Birthday Reward with an online order via the App, you must select the Loyalty Reward/Birthday Reward before submitting the order.  A maximum of one Loyalty Reward/Birthday Reward can be redeemed each day.  Also, you cannot redeem both a Loyalty Reward and a Birthday Reward in the same day.  Loyalty Rewards and Birthday Rewards (i) have no cash value; (ii) may not be redeemed or exchanged, in part or in whole, for cash or any cash equivalent; (iii) may not be combined with other offers, promotions, discounts or coupons; (iv) are not transferable; (v) may not be applied to past purchase transactions; and (vi) may not be substituted.  Redeemed Loyalty Rewards/Birthday Rewards are deducted automatically from the Member’s account.  If a purchase is voided/refunded, that purchase does not count toward Loyalty Reward accumulation.  If you attempt to redeem a Loyalty Reward and the purchase is voided and/or refunded, you can use that Reward for future use.  In the event of a dispute regarding Loyalty Rewards and/or Birthday Rewards, you must notify us within thirty (30) days of the transaction in question and we will make a final determination related to the dispute.  It may take several days for your account to show the accurate number of Loyalty Rewards after any purchase is voided/refunded or after the resolution of any discrepancy.

Exclusions to Earning Loyalty Rewards. You may not earn Loyalty Rewards in connection with certain types of beta or promotional programs. Loyalty Rewards may be earned at participating Rita’s shops only.

Personalized offers and coupons. Special offers may be distributed by email, through the App (including via push notifications), or by physical mail. You may be required to opt-in and activate special offers via the App or via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from Rita’s and you may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences and may include periodic discounts on certain products or the opportunity to earn additional Loyalty Rewards. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to scan your member barcode in the App in order to redeem special offers. Read each offer carefully for specific details, expiration dates, and limitations and restrictions. Rita’s reserves the right to change or suspend the personal offers and coupons at its discretion.

Expiration of Loyalty Rewards.  There is no limit to how many Loyalty Rewards you can accumulate.  Loyalty Rewards expire nine (9) months from the date they are earned (“Expiration Date”).  Loyalty Rewards that are not redeemed are automatically forfeited and deducted from the Member’s account on the Expiration Date.

Third-Party Delivery.  You will not earn Loyalty Rewards for purchase through third-party delivery services such as DoorDash, Uber Eats, Grubhub and/or other delivery services.  Additionally, you may not redeem Loyalty Rewards or Birthday Rewards through third-party delivery services.

Term.  You may withdraw from the Loyalty Program any time by (i) calling 1-800-677-7482, or (ii) by deleting your account on the Site, App, or Service.  In its sole discretion, Rita’s reserves the right to terminate your account and/or revoke any and all benefits, including any earned Loyalty Rewards, if you (i) abuse any of the Loyalty Program privileges; (ii) fraudulently use the Loyalty Program, including earning benefits through deception, forgery and/or fraud; or (iii) otherwise fail to comply with these Terms.  Any decision by Rita’s including, termination or revocation of your account, is final and binding.  If you withdraw from the Loyalty Program or Rita’s terminates your account, all benefits, including earned Loyalty Rewards, are immediately terminated and forfeited.

Changes. Rita’s reserves the right to change, update and/or discontinue, in whole or in part, these Terms, the App or any portion of the Loyalty Program, and/or any policy, FAQ, guidelines or disclosures pertaining to the Loyalty Program, Loyalty Rewards and/or Birthday Rewards, at any time in Rita’s sole discretion and without advance notice to you or any other Members. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to our terms, and you waive any right you may have to receive specific notice of such changes or modifications. Such changes may affect previously accumulated Loyalty Rewards and/or Birthday Rewards. If Rita’s changes or modifies these Terms, the “last updated” date located at the top of these Terms will be revised accordingly. Your use of the App and participation in the Loyalty Program confirms your acceptance of these Terms and any such changes or modifications. Therefore, you should review these Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to the Loyalty Program. If you do not agree to the revised Terms, you must stop accessing and participating in the Loyalty Program.

Text Messages.  By providing your mobile number when you register for the Loyalty Program, you consent to receive mobile text messages regarding your orders, our Loyalty Program, and exclusive offers and promotions from Rita’s.  You may receive up to 3 exclusive offers and promotions text messages per month.

You understand that you do not have to sign up to receive text messages.

By signing up, you are confirming you are over the age of 13.

You understand that we will send mobile text messages using automated technology.

Standard message and data rates may apply.  Reply STOP to cancel.  For more information, email us at appsupport@ritascorp.com or call 1-800-677-7482.

Other.  There are no participation or membership fees associated with the Loyalty Program.  Loyalty Rewards and Birthday Rewards earned in connection with the Loyalty Program are promotional, have no cash value, and cannot be redeemed for cash.  In addition, your redemption of Loyalty Rewards and Birthday Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Rita’s.

Your Loyalty Program account is personal to you and may not be sold, transferred, or assigned to, or shared with family, friends or others, or used by you for any commercial purpose. You may only have one Loyalty Program account.

Without notice to you, Rita’s reserves the right to suspend any Loyalty Program account and/or terminate any such account and/or your participation in the Loyalty Program and use of the App if Rita’s determines, in its sole discretion, that you have violated these Terms or that your use of the Loyalty Program or App is unauthorized, deceptive, fraudulent, or otherwise unlawful.  Rita’s may, in its sole discretion, suspend, cancel, or combine Loyalty Program accounts that appear to be duplication.  In the event that your participation in the Loyalty Program is terminated, all earned rewards are void.

Rita’s reserves the right to change, modify, discontinue, or cancel the Loyalty Program or any part of the Loyalty Program at any time, at its sole discretion, without notice to you.

LIMITATIONS ON LIABILITY. UNDER NO CIRCUMSTANCES SHALL RITA’S BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE APP OR PARTICIPATION IN THE LOYALTY PROGRAM, ANY LOYALTY REWARDS, BIRTHDAY REWARDS, REDEMPTIONS FOR ELIGIBLE PRODUCTS OR THESE TERMS EVEN IF RITA’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE APP AND PARTICIPATING IN THE LOYALTY PROGRAM, YOU AGREE THAT RITA’S HAS NO RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, OR ANY OTHER MATTER OR THING WHATSOEVER, HOWEVER SUFFERED OR CAUSED DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE APP, LOYALTY PROGRAM OR THESE TERMS, INCLUDING WITHOUT LIMITATION: (I) ANY FAILURE, DELAY OR DECISION BY RITA’S IN ADMINISTERING THE LOYALTY REWARDS, BIRTHDAY REWARDS OR THESE TERMS, INCLUDING REVISIONS THERETO; (II) UNAUTHORIZED USE BY ANY THIRD PARTY OF YOUR LOYALTY PROGRAM ACCOUNT; OR (III) THE LOSS, THEFT, OR DELAYED NOTIFICATION OF ANY LOYALTY REWARDS AND/OR BIRTHDAY REWARDS ISSUED UNDER THE LOYALTY PROGRAM OR THESE TERMS. ANY LIABILITY RITA’S MAY HAVE TO YOU FOR ANY NEGLIGENCE, BREACH OF CONTRACT, OR OTHER CLAIM, IS LIMITED TO CREDITING YOUR LOYALTY PROGRAM ACCOUNT WITH THE LOYALTY REWARDS AND/OR BIRTHDAY REWARDS SO DETERMINED TO BE EARNED BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU.

Arbitration; Governing Law; Entire Agreement; Construction. These Terms provide that all disputes, controversies, or claims arising between you and Rita’s will be resolved by BINDING AND FINAL ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights (except for matters that may be taken to small claims court or as it relates to provisional or injunctive relief). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to any conflict of law rules or principles. These Terms constitute the entire agreement between you and Rita’s with respect to the Loyalty Program. If any provision of these Terms is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Inquiries or Questions. If you have any questions regarding these Terms or the Loyalty Program, please visit our website at https://www.ritasice.com/ or call us at 1-800-677-7482.