Bones Club Terms and Conditions

Effective 2018, Smokey Bones guests have the option of joining The Bones Club using a traditional card or going cardless. The language below reflects the traditional card program. Those electing the cardless option will be asked to register with a phone number, and they will be required to provide that phone number and a valid photo ID to redeem rewards. All other information applies.

When joining Smokey Bones Email Club vs. The Bones Club, you will receive emails about our latest offers, coupons, events and more; but will not earn points and rewards. Ask for a Bones Club card or sign up for our cardless Bones Club loyalty program on your next visit to Smokey Bones to start earning points and rewards.

  1. The Bones Club is Smokey Bones loyalty program that rewards our guests with points for their purchases. Members earn one (1) base point for every one dollar ($1) spent on food and non-alcoholic beverage purchases. When you reach one hundred (100) points, your points will be deducted and a ten-dollar ($10) reward will be emailed directly to you. Members also receive special offers.
  1. You must be eighteen (18) years or older to become a Bones Club member.
  1. No purchase is necessary to get a Bones Club membership.
  1. Only one active membership per person at a time is allowed. If and when a membership number becomes replaced, the old membership becomes disabled and should be discarded. The Bones Club is intended for individual use only. Spouses may not share in the membership. Points may not be accumulated for a business entity.
  1. You must have a valid email address to qualify. Cards must be activated with accurate name and email address to be registered.
  1. To become a Bones Club member, eligible Guests must enroll, complete all required information, and successfully accept these Terms.
  1. Bones Club points are available on qualifying purchases at all Smokey Bones locations only. Bones Club rewards can be applied to qualifying purchases at all Smokey Bones locations only. Points are credited to your account when providing your Bones Club information to the designated recipient at Smokey Bones locations.
  1. All information submitted must be accurate and truthful. It is the Member’s responsibility to ensure that the information provided remains current, and to promptly notify the Program (by updating the member’s profile) of any changes.
  1. Points will not be issued for the purchase of alcoholic beverages, gift cards, rewards, discounts, promotions, tax, or tip.
  1. Points are awarded only to the Bones Club member who pays the check. If a bill is paid by credit card, the name on the card must match the name on the Bones Club membership. Points will not be issued for the purchase of gift cards. However, if the recipient is an active Bones Club member, points will be issued upon the gift card redemption.
  1. To qualify for points on a catered event or banquet function, you must be an active Bones Club member prior to booking the event and member must be the individual paying for the event. Points will not to be issued for room rental or service charges. Limit 6,000 points per event.
  1. Smokey Bones reserves the right, at its sole discretion, to terminate the Bones Club loyalty program, and to amend, limit, modify or add to the terms and conditions, including but not limited to imposing time limits and changes in point values, rewards, and reward levels, all without prior notice, at any time.
  1. Except where required by law, points have no cash value and are surrendered for award redemption only.
  1. Smokey Bones may engage in periodic audits of a member’s account. Smokey Bones reserves the right to discontinue membership privileges and/or void all or a portion of a member’s point balance if the points have been issued, received, or redeemed through computer error, fraud, or theft, through illegal means or in a manner not authorized in the Terms and Conditions or in other legal or equitable remedy which may be available for the Smokey Bones loyalty program under applicable law.
  1. Accumulated points and rewards are not member property and may be revoked, cancelled, limited, or modified at any time, even though such action may affect a member’s right to previously accumulated points and rewards.
  1. Smokey Bones will not disclose the information that you provide in connection with your membership in the Bones Club to anyone else, but may use your information and other members’ information internally and externally as part of its marketing research.
  1. Bones Club points and rewards are not transferable.
  1. Bones Club members cannot get credit for visits to Smokey Bones prior to membership in the Bones Club.
  1. Federal and state tax liabilities are the sole responsibility of the Bones Club member. Laws may prohibit accumulation of points from alcohol purchases only. Points will not be provided for alcohol purchases.
  1. Any errors on guest check receipts identified by member must be adjusted at the location earned on the day the transaction was made.
  1. Smokey Bones employees and family members or people living in the same household of Smokey Bones employees are not eligible to participate in the Bones Club.
  1. Smokey Bones reserves the right to cancel, change or modify the Bones Club at any time.
  1. Smokey Bones is not responsible for points or rewards lost due to fraudulent or unauthorized use, including fraud caused by lost or stolen membership. Smokey Bones and each of its affiliates are not responsible for any negligence, claims, liability, injury, property loss or other damage of members or other third parties arising from or in connection with the use/misuse of rewards and/or participation in the Bones Club.
  1. The Bones Club is subject to applicable state, federal and local laws, and regulations.
  1. When you perform any online transaction, such as registering your card to earn your introductory reward coupon, it will require an in-restaurant transaction to activate. In other words, you must go to a Smokey Bones restaurant and close a check in conjunction with your membership, and then your reward will be credited to your account.
  1. New Bones Club membership will become inactive if they have not been registered online within 90 days of being issued.
  1. All rewards will be forfeited if a Bones Club account has not accumulated any points in 365 days.
  1. The Bones Club membership does not expire but will become inactive if not used within 365 days. All accumulated points and rewards (not previously expired) will be forfeited if not used within 365 days.
  1. When upgrading from the Smokey Bones Email Club to the Bones Club Loyalty Program, you will begin to earn points for eligible purchases, but will not receive any additional welcome offers.
  1. When opting-in for Bones Club, member is agreeing to receive communications from Smokey Bones, The Wing Experience® and The Burger Experience.
  1. These Terms and Conditions shall be governed by, subject to, and construed in accordance with the laws of the state of Florida, United States of America, excluding all conflict of law rules. If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, all remaining provisions will remain in full force and effect. To the extent permitted by law, the right to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Bones Club are hereby excluded, and all members expressly waive any and all such rights.
  1. Agreement to arbitration is a required condition of your use of the Site. You and Smokey Bones agree that if any controversy, allegation, or claim arises out of or relates to the Site or these Terms and Conditions (“Dispute”), including questions about whether the Dispute is subject to arbitration, that Dispute shall be resolved according to this Section 32. You and Smokey Bones also agree that all Disputes shall be determined exclusively by binding arbitration in accordance with the then-current Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services (“JAMS”), an independent national arbitration association, before a single arbitrator. Information about JAMS and its expedited rules can be found at www.jamsadr.com or by calling JAMS at (800) 352-5267.

If there is an arbitration, Smokey Bones will pay for the arbitrator and the forum. If you initiate the arbitration against Smokey Bones, you will be responsible for a maximum of $250 in costs under JAMS’ Consumer Arbitration Minimum Standards. If Smokey Bones initiates the arbitration against you, Smokey Bones will pay JAMS’ fees, including the fees for the arbitrator’s services. If you retain an attorney to represent you, Smokey Bones will not pay any portion of your attorneys’ fees.

To start the arbitration process, Smokey Bones or you will send a written request for arbitration to JAMS at 600 Brickell Avenue, Suite 2600, Miami, FL 33131 by U.S. mail or a reputable overnight delivery service (for example, Federal Express). You must also send a copy of any arbitration request to us at loyalty@smokeybones.com so we are aware of the arbitration and can pay JAMS’ fee. JAMS will select a location for the arbitration, according to its procedural standards, that will be convenient for you. An arbitrator will be selected, and he or she will issue a final and binding arbitration award in the form of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST INITIATE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED. “Initiating” means filing for arbitration with JAMS as set forth above. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to a Dispute.

The foregoing provisions of this Section 32 will not apply to any claim by you or Smokey Bones seeking an injunction or other equitable relief in connection

with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, Smokey Bones’ operations, and/or Smokey Bones’ products or services. This Section 32 shall apply to any claims brought by you or Smokey Bones in any action that does not seek such injunctive or equitable relief.

  1. YOU AGREE TO FILE ONE ARBITRATION THAT INCLUDES ALL OF YOUR DISPUTES AND JOINS ALL KNOWN DISPUTES. FURTHER, YOU AGREE THAT ANY ACTION YOU BRING SHALL BE INDIVIDUALLY ON YOUR OWN BEHALF AND THAT YOU EXPRESSLY WAIVE THE RIGHT TO BRING A DISPUTE ON A CLASS OR COLLECTIVE BASIS IN ANY FORUM, WHETHER IT BE IN ARBITRATION OR IN A COURT. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO FORM A CLASS OR PROCEED ON A COLLECTIVE BASIS. There shall be no right or authority for any Dispute to be arbitrated on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 32 to arbitrate will not apply and the Dispute must be brought exclusively in court in accordance with the venue and jurisdiction provisions set forth below.

Notwithstanding the foregoing, either of us may bring a Dispute in a small claims court of competent jurisdiction, provided the claim qualifies to be heard in such small claims court.

Small claims actions, actions with respect to the enforcement of any arbitration decision or award, or any action or proceeding relating to any Dispute arising hereunder may only be instituted in state or Federal court in Miami-Dade County, Florida. Accordingly, you and Smokey Bones consent to the exclusive personal jurisdiction and venue of such courts for such matters.

YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO HAVE ANY DISPUTE (AS DEFINED IN THESE TERMS) THAT YOU BRING IN STATE OR FEDERAL COURT HEARD BY A JURY.

The award of such arbitration shall be confidential, final, binding, and non-appealable, except to the extent provided under the rules of JAMS, and judgment on the arbitration award may be entered in any court having jurisdiction. NO ARBITRATOR SHALL AWARD DAMAGES THAT ARE INCONSISTENT WITH THE TERMS OF THIS AGREEMENT.