PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS APP AND PROMOTIONAL PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS DESCRIBED HEREIN AND ALL TERMS & CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS & CONDITIONS, DO NOT PARTICIPATE IN THIS PROGRAM.
NOTE: THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH JAMBA. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
These Terms & Conditions and the Focus Brands Terms & Conditions (collectively, the “Terms and Conditions”) apply to your access to, and participation in, the Jamba’s My Jamba Rewards (MJR) program which is operated by Jamba Juice Franchisor SPV LLC, or its parent companies, subsidiaries, licensees and affiliated companies (collectively, “Jamba”) in the fifty (50) United States of America (“My Jamba Rewards (MJR)”). These Terms & Conditions do not alter in any way the terms or conditions of any other agreement you may have with Jamba for products, services or otherwise. Jamba reserves the right to change, modify and/or eliminate My Jamba Rewards (MJR) and/or these Terms & Conditions or any policy, FAQ, or guideline pertaining to My Jamba Rewards (MJR) at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to www.jamba.com, and you waive any right you may have to receive specific notice of such changes or modifications. In addition, your sole and exclusive remedy if you do not agree to any such modifications is to withdraw from the My Jamba Rewards (MJR) program. Your continued use of the App or participation in the My Jamba Rewards (MJR) program after any modification confirms your acceptance to the modifications.
Your participation in the My Jamba Rewards (MJR) loyalty program confirms your acceptance of these Terms & Conditions and any such changes or modifications; therefore, you should review these Terms & Conditions and applicable policies frequently to understand the terms and conditions that apply to the My Jamba Rewards (MJR). If you do not agree to the Terms & Conditions, you must stop participating in the My Jamba Rewards (MJR). This program is void where prohibited or restricted by law. You may enroll in the My Jamba Rewards (MJR) program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the My Jamba Rewards (MJR) program.
This program is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, or under the age of majority in your state of residence, you may participate in My Jamba Rewards (MJR) only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions.
My Jamba Rewards (MJR) is a program Jamba uses to reward and thank loyal guests for visiting Jamba locations and purchasing Jamba products. Members of My Jamba Rewards (MJR) are able to earn and accumulate points that can be redeemed for program benefits at participating Jamba locations in the United States.
To enroll in My Jamba Rewards (MJR) and begin participating in the program, you can download the Jamba mobile App to your Android™ or iPhone® device. Follow the prompts to create a profile and register a digital My Jamba Rewards (MJR) Account. To create a profile, you will need to provide your name, email address, ZIP Code and birthdate.
To deactivate your account, [unsubscribe here]. If you delete your profile this means you will lose any points, rewards and offers that may have accrued.
As a part of the MRJ program, Jamba will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the My Jamba Rewards (MJR) program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your My Jamba Rewards (MJR) account and update your contact information or preferences.
The benefits that are available to you through My Jamba Rewards (MJR) are based on the number of "Points" that you earn. Members are limited to one redemption every four (4) hours (redemption wait period). Rewards codes can be sent via Jamba emails, push notifications, rich messages, SMS, or automatically added to My Jamba Rewards member account. Offers live in member rewards account and can be accessed via the mobile App or logging into rewards account online. Members earn points by signing into rewards account on App or online or by providing registered phone number at participating Jamba locations when making purchases for dine-in, carry-out or online orders (excluding the purchase of gift cards) at participating Jamba locations only. You will receive one (1) "Point" for each U.S. dollar spent, except during limited time promotions when Jamba may offer "Bonus Points" on featured products and/or services. No partial Points will be earned for purchase amounts less than one (1) U.S. dollar with $0.51 minimum check-in amount.
When you first sign up for My Jamba Rewards (MJR), you will receive a reward offer of $3.00 off your next Jamba purchase at participating Jamba locations (the "Introductory Reward"). The Introductory Reward will expire thirty (30) days from the date it is earned. You will receive a reward offer of $3.00 off your next purchase for every 35 Points earned in your My Jamba Rewards (MJR) account (each, a "Frequency Reward"). A Frequency Reward expires ninety (90) days from the date such offer is earned. Jamba may also provide personalized reward offers through the My Jamba Rewards (MJR) terminal for My Jamba Rewards (MJR) participants ("Surprise and Delight Rewards"). Surprise and Delight Rewards expire immediately if not used during the same My Jamba Rewards (MJR) session in which they are offered. Two (2) weeks prior to your birthday (the birthday date of record that you provide to Jamba in your My Jamba Rewards (MJR) account), you will receive a special Surprise and Delight Reward to celebrate your birthday (not to be combined with other discounts or offers) (the "Birthday Reward"). The Birthday Reward will expire fourteen (14) days from your birthday. Limit 1 account per device, per birthday, per email. Once the birthday is set, it cannot be changed. If you activate your MJR account in the same month of your birthday date, then you will not be eligible to receive a Birthday Reward until the following year. Other special reward offers may be distributed by email to you if you opt-in to receive promotional and marketing offers from Jamba and provide a valid email and telephone number in order to receive your special offers. Special offers may include periodic discounts on smoothies, juices, food and merchandise. Special offers may have certain restrictions including expiration dates. Special offers are personal to you and cannot be shared, copied or transferred. You will be required to enter your phone number into the My Jamba Rewards (MJR) terminal in order to redeem special offers. Read each offer carefully for specific details, limitations and restrictions. Once you agree to redeem a reward by pressing the redemption button in the My Jamba Rewards (MJR) terminal, it must be used immediately and cannot be credited back to your account.
Points on multiple My Jamba Rewards (MJR) accounts may not be combined. Your Rewards are not valid on the same transaction that earned the Points and are valid on the next visit only. Points expire ninety (90) days from the date of earning the reward. Anniversary offer valid for consumers who visited Jamba locations three or more times in the prior 6 months. Offer expires 2 weeks from anniversary of sign up date. Offer valid on one free small smoothie only. By registering for a My Jamba Rewards (MJR) account, you consent to receive system and transaction emails related to your participation in My Jamba Rewards (MJR).
Participating Jamba locations may be independently owned and operated. For that reason, Jamba make no guarantees, warranties or representations of any kind, express or implied, with respect to redemptions or the products supplied by such independently owned and operated locations, and shall not be liable for any loss, expense, accident or inconvenience that may arise in connection with the use of such items.
There are no membership fees associated with My Jamba Rewards (MJR). Points accumulated under the program are promotional and have no cash value. You do not have any ownership rights in accrued points and accrued points do not constitute your property. Your benefits, your profile page and your My Jamba Rewards (MJR) account are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) My Jamba Rewards (MJR) account. Jamba reserves the right to terminate your account and/or your participation in My Jamba Rewards (MJR) if Jamba determines in its sole discretion that you have violated these Terms & Conditions, you have more than one (1) account, or that the use of your account is unauthorized, fraudulent or otherwise unlawful.
Jamba also reserves the right to “unregister” and make ineligible for the My Jamba Rewards (MJR) program any account that has been inactive for two (2) consecutive years. Inactive is defined as no new points earned. So long as the My Jamba Rewards (MJR) account remains registered, accumulated points never expire.
Jamba has the right at any time, with or without giving you prior notice, to:
Jamba reserves the right to terminate, discontinue, modify or cancel the My Jamba Rewards (MJR) program at any time and in its sole discretion without notice to you. If you disagree with any modifications of the program, your sole recourse is to withdraw from the program.
If we end the My Jamba Rewards (MJR) program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.
Jamba is committed to facilitating the accessibility and usability of the My Jamba Rewards (MJR) program and the Jamba App for all people. To that end, Jamba is in the process of implementing functional improvements to the Jamba App consistent with relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 Level AA (“WCAG 2.0 AA”). You can find additional information about WCAG 2.0 AA here: WCAG 2.0 AA. Please be aware that our efforts are ongoing. If you have specific questions or concerns about the accessibility of the Jamba App, please Contact Us.
If a court of law holds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, (a) that provision shall be enforced to the maximum extent possible and (b) the legality, validity and enforceability of the remaining provisions of the Terms and Conditions shall not be affected.
These Terms and Conditions represent the entire agreement between you and Jamba with respect to the My Jamba Rewards (MJR) program or any program benefits. It may not be modified except by publication of modified Terms and Conditions by Jamba on this terms and conditions page.
These Terms and Conditions are governed by the laws of the State of Georgia, United States of America irrespective of where the membership application was completed or where the member resides or the choice of law principles of Georgia or any other jurisdiction.
Any dispute or claim relating in any way or arising out of the My Jamba Rewards (MJR) program or any program benefits shall be resolved in a court of competent jurisdiction located in the State of Georgia, and you consent to the personal jurisdiction of such courts and waive the right to object to such jurisdiction on forum non conveniens grounds.
In addition, to the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
THIS APP, THE CONTENT, AND THE MY JAMBA REWARDS (MJR) PROGRAMS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND JAMBA HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, JAMBA DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including targeted emails, surveys, promotional offers and for other general business purposes. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions. We reserve the right to send you emails for administrative purposes even if you opt out of these communications.
If you consented to receive SMS messages sent to your mobile phone, then you will receive marketing and transactional messages sent via autodialer. You are not required to consent to receive these messages in order to receive goods/services associated with the App or My Jamba Rewards (MJR) program. Message and data rates may apply to your receipt of these SMS messages. You may opt out of receiving these messages at any time.
If you provide us your mobile number and sign-up to receive program-related SMS from us, you are expressly consenting to receive via auto dialing equipment text messages from us to the mobile number you provided. You understand and affirm that your consent is optional, and you are not required to consent to receive SMS from us in order to participate in the My Jamba Rewards (MJR) program. Message and data rates may apply for any text messages sent to you from us and to us from you. For questions about text message rates and costs, you should contact your mobile service provider. The number of text messages we send you will depend on your purchases through and participation in the My Jamba Rewards (MJR) Program. You may opt-out of SMS messages from us at any time by replying “STOP” or “CANCEL” to any text message we have sent. You may also update your message preferences in the App. We may send you a final text to confirm your opt-out.
All or any of Jamba’s rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Jamba’s assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Jamba’s failure to act with respect to a breach by you or others does not waive Jamba’s right to act with respect to that breach or subsequent or similar breaches.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This provision (the “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Jamba. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as Jamba’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against Jamba in the same proceeding.
This Provision provides that all disputes between you and Jamba shall be resolved by binding arbitration because acceptance of these Terms and Conditions constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. Jamba prefers this because Jamba believes arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and Conditions and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). ALL PARTIES HERETO AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
For all Disputes, whether pursued in court or arbitration, you must first give Jamba an opportunity to resolve the Dispute which is first done by emailing Jamba at email@example.com the following information: (1) Your name, (2) Your address, (3) A written description of your claim, and (4) A description of the specific relief you seek. If Jamba does not resolve the Dispute within 45 days after receiving your notification, than you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Notwithstanding the above, you or Jamba may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS AND CONDITIONS (the “Opt-Out Deadline”). You may opt-out of this Provision by mailing Jamba at Jamba Franchisor SPV LLC, Attn: Legal Department, 5620 Glenridge Drive, Atlanta, GA 30342: (1) Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with Jamba through arbitration. Either way, Jamba will not take any decision you make personally. In fact, Jamba promises that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Jamba. But, Jamba does have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Jamba may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because the My Jamba Rewards (MJR) and these Terms and Conditions concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award - The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration - You or Jamba may initiate arbitration in Atlanta, Georgia.
Payment of Arbitration Fees and Costs - So long as you place a request in writing prior to commencement of the arbitration, Jamba will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with Jamba as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Jamba specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other participant in the My Jamba Rewards (MJR) can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms and Conditions, you and Jamba are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Jamba might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your account with Jamba and your discontinued participation in My Jamba Rewards (MJR). Notwithstanding any provision in these Terms and Conditions to the contrary, Jamba agrees that if Jamba makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Jamba to adhere to the present language in this Provision if a dispute between the parties hereto arises.
Last Updated Terms and Conditions last updated on June 18, 2019