Bartolotta Rewards Terms of Use

Last Updated: October 2, 2019

In order to complete your registration for The Bartolotta Restaurants Guest Loyalty (“Rewards Program”), to use and continue to use the Rewards Program, and to access and use the Rewards Program website located at www.bartolottas.com/rewards or through our mobile application (“App”), you must agree to these Terms of Use. (Our website and App are collectively referred to in these Terms of Use as the “Sites”). If you do not agree to these Terms of Use, do not use or continue to use the Rewards Program.

These Terms of Use include an Arbitration provision that applies to any disputes between you and The Bartolotta Restaurants. Unless you elect to not be bound by arbitration by following the Election To Not Be Bound by Arbitration Policy procedure described below, these Terms of Use will:

  • Eliminate your right to trial by jury; and

  • Prevent you from bringing, joining, or participating in any class action or consolidated-action proceedings.

  1. Reservation of Rights: The Bartolotta Restaurants offers this Rewards Program at its discretion and reserves the right to terminate, suspend, or modify it, in whole or in part, or to change the rules, benefits, conditions of participation, or qualification criteria or to suspend, reduce, or terminate any benefits, at any time, with or without notice. The Rewards Program further reserves the right to make benefits, bonuses, or promotional offers selectively available to certain members at any time, with or without notice. In making purchases from a participating location, members may not rely upon the continued availability of this Rewards Program any benefits or rewards under this Rewards Program.

  2. Eligibility: The Rewards Program is available to individual legal residents of the United States, the District of Columbia, and Canada who are 18 years of age or older when they enroll in the Rewards Program. Only one account is allowed per Rewards Program member. Each participant in the Rewards Program must have their own account and accounts may not be used by, shared, sold, assigned or transferred to any individual, except among immediate family members living in the same household.

  3. Enrollment: In order to enroll as a member of the Bartolotta Rewards Program, you must provide The Bartolotta Restaurants with your title prefix, name, email address, birthdate, favorite location, and phone number, and a username and password. You are also solely responsible for updating your Rewards Program account information so that it is accurate and current. The Bartolotta Restaurants is not responsible if you do not receive any emails from us because you provided an incorrect email address, failed to update your email address or opted out of receiving email communication.

  4. Definition of Terms:

  1. Earning Bartolotta Rewards: Members earn (“Reward Points”) after activation by making qualifying purchases at participating locations. Points will automatically convert to (“Reward Dollars”) after registration and only after meeting the qualifying threshold of points, which can be redeemed for food and beverages as described below. Qualifying purchases include food, beverages and gift cards purchased by the member at a participating location. Points will not be earned for any taxes, gratuities, orders placed on third party delivery platforms, delivery charges paid, for the redemption of gift cards, retail merchandise, offsite catering purchases, purchases that have received another promotional offer, or for purchases made with Reward Dollars. The Bartolotta Restaurants in its sole discretion may also award Rewards Program Members discounts, enhanced earning ability, free food items, or other benefits based on a Member’s specific behavior, or as a surprise and delight (“Discretionary Awards”). Rewards and other benefits accumulated under the Rewards Program are promotional and have no cash value.

  2. “Hurdle Rate:” Except as described below, all members earn 1 point for every $1 spent on qualifying purchases with no more than 5,000 Points earned in one day. Fractions of one dollar are rounded on a half-to-even basis. Once a member earns 250 Points (“Hurdle Rate”), the member will earn $25 Reward Dollars which are a multi-use Reward. The Hurdle Rate and the Rewards Program earnings rate are subject to change at any time and at The Bartolotta Restaurants sole discretion, with or without direct notice. Any revised Terms of Use will be posted on the Sites and effective once posted. In addition, The Bartolotta Restaurants may, in its sole discretion, periodically test different Hurdle Rates, Rewards Program levels, reward structures, or earnings rates, or other benefits in one or more markets with or without notice, and may terminate such test programs with or without notice.

  3. The Rewards Program: Beginning October 1, 2019, The Bartolotta Restaurants Guest Loyalty Rewards Program was updated. Rewards Program benefits are subject to change at any time in The Bartolotta Restaurants sole discretion, with or without notice. In addition to accruing Points and earning Reward Dollars, members will receive the following:

  4. Rewards and Benefits:

    • Registration Reward: New accounts will receive a single-use $10 Registration Reward upon complete registration and after first visit, valid for redemption at participating locations. Not eligible to be redeemed on Saturdays and or Holidays, for ticketed or special events and not eligible to be redeemed with Wine Reward or Birthday Reward. Additionally, new members will receive Double Points on eligible purchases at Fine Dining and Casual locations only for 60 days following registration. Account must be registered within two weeks of original activation date to receive double point offer. Double Points are not eligible to be earned on Saturdays, Holidays, for ticketed or special events and or for gift card purchases. 5,000 Point maximum earned per day.

    • Reward Dollars: A multi-use reward that will be issued after complete registration and only after a member earns 250 Points (“Hurdle Rate”). The 250 points will be deducted from the Reward Points balance and $25 Reward Dollars will be added to the Reward Dollars balance. Reward Dollars are valid for redemption at participating locations.

    • Birthday Reward: Members will receive a single-use $20 Birthday Reward issued the 1st day of their Birthday month to expire the last day of their Birthday month. Valid for redemption at participating locations. Not eligible to be redeemed on Saturdays, Holidays for ticketed or special events and not eligible to be redeemed with the Wine Reward or the Registration Reward. If registration occurs in the month of your birthday the Birthday Reward will be issued the 1st day of the next month to expire the last day of the month it was issued in.

    • Wine Reward: Members will receive a single-use $25 Wine Reward issued January 2nd of each year which will expire December 30th of the same year. Valid for redemption at Fine Dining and Casual locations only.  Not eligible to be redeemed on Saturdays, Holidays, half-price wine nights, for ticketed or special events and not eligible to be redeemed with the Birthday Reward or the Registration Reward.

    • Dine Around Reward: Beginning January 2, 2020, members can earn up to an extra $100 Reward Dollars each calendar year for dining in Fine Dining locations each year with a minimum spend of $100 during a single visit on food and beverage only at each location after discounts, redeemed gift certificates, and before tax, and gratuity required. Ticketed, special events and delivery are not included. You will earn $20 in Reward Dollars for dining in a total of three different Fine Dining locations, receive another $30 in Reward Dollars when you have dined in a total of six different Fine Dining locations and receive another $50 in Reward Dollars when you have dined in all 8 Fine Dining locations.

    • Double Point Days: Two Double Point days in a calendar year. Receive Double Points on food and beverage purchases at Fine Dining and Casual locations only. Rewards account must be provided during visit to earn the Point multiplier for that day. Double Points are not eligible to be earned on ticketed or special events, discounts and or gift card purchases. 5,000 Points maximum earned per day.

    • Refer a Friend Reward: Refer friends to join Bartolotta Rewards and receive 50 extra points. Points will be awarded after friend is fully registered and has achieved 1 transaction with a minimum spend of $25. (Friends must not be currently enrolled in Bartolotta Rewards). Maximum of 250 points will be awarded per year.

    • Member Pricing Exclusive: TBD

    • Discretionary Awards: Bartolotta Rewards reserves the right to create additional promotions or on an as needed basis with specific restrictions to apply.

  5. Redemption: Rewards Dollars may be redeemed for food and beverages at participating locations only. They may not be redeemed for cash, used to purchase gift cards, retail items, ticketed events, or to pay for tax, gratuity, or delivery charges. Reward Dollars may not be redeemed during the same visit on which the hurdle rate is reached. Reward Dollars are personal to each member and may not be sold, transferred, assigned, shared, or used for any commercial purpose.

  6. Benefits or discounts will expire as indicated in the accompanying communication.

  • Earned Points and Earned Reward Dollars: Expires after 18 months following a member's last transaction at a participating location if no further transactions have occurred.

  • Registration Reward: $10 Registration Reward will expire 60 days after the date of registration.

  • Birthday Reward: Expires 11:59 pm CST the last day of the month it was issued, unless the last day of the month falls on a Saturday or Holiday in which case it will expire the day before the last day of the month.

  • Wine Reward: Expires at 11:59 pm CST on December 30th of the year it was issued.

  • Dine Around Reward: Visits will reset to zero visits after 11:59 pm CST on December 30th of each year.

  • Welcome Back Reward: $10 Welcome Back Reward will expire 30 days after the date of issue.

  • Request for points to be added after purchase: Eligible points will be added for visits less than 90 days from the date of original receipt. Request can be made at https://www.bartolottas.com/rewards/add-points

  1. Maximum Redemption: A maximum of $500 in Reward Dollars may be redeemed in one day.

  2. Discounts: Certain discounts and special purchases cannot be combined with Bartolotta Rewards.  The Bartolotta Restaurants reserves the right to refuse to permit Bartolotta Rewards to be redeemed in connection with discounted items.

  3. Sweepstakes, Contests, and Other Promotions: The Rewards Program may offer sweepstakes, contests or other promotions that may have rules or their own terms and conditions. Members are required to read those rules and terms and conditions, and to agree and accept to be bound by them in order to participate.

  4. Lost Rewards Card/Unauthorized Card Use: Report a lost Bartolotta Rewards card or any unauthorized use of your account to the Rewards Program by sending an email to rewards@bartolottas.com. The Bartolotta Restaurants will not be responsible for Bartolotta Rewards or other benefits redeemed by an unauthorized user of the Rewards Program Card.

  5. Account Closure: The Bartolotta Restaurants will close a Member’s Rewards Program account in its sole discretion after 24 months with no activity.

  6. Suspension/Termination/Deletion of Membership: The Bartolotta Restaurants reserves the right in its sole discretion to suspend/terminate/delete a membership in the Bartolotta Rewards Program in the event of any suspected misconduct. If The Bartolotta Restaurants concludes in its sole discretion that the Member has engaged in misconduct or that their account has been compromised, it may terminate the membership, including but not limited to terminating the Member’s ability to redeem Bartolotta Rewards and/or other or benefits earned or received in connection with their membership in the Bartolotta Rewards Program.

  7. Modification of Terms of Use: The Bartolotta Restaurants reserves the right in its sole discretion to modify at any time these Terms of Use. Any such changes are effective immediately upon being posted on any of the Sites and the Member’s continued enrollment in the Rewards Program and/or use of the Sites confirms that they accept the changes and agrees to be bound by them.

  8. Termination of Rewards Program: The Bartolotta Restaurants reserves the right in its sole discretion to terminate or change the Rewards Program at any time. If the Rewards Program is terminated, Members will no longer earn Bartolotta Rewards or receive other benefits associated with the Rewards Program. Unless otherwise provided in writing by The Bartolotta Restaurants, any unused Reward Dollars or other Rewards Program benefits will expire upon termination of the Rewards Program, and Member’s Rewards Program Points will be set to zero.

  9. Ownership of Site Content: All of the contents of the Sites is owned and copyrighted by The Bartolotta Restaurants and is protected as intellectual or proprietary property. Use of any of the Sites’ content without prior consent by The Bartolotta Restaurants is strictly prohibited.

  10. Limitation of Liability and Disclaimer: Members use the Sites at their own risk. The Bartolotta Restaurants is not liable for any direct, indirect, special or other damages or losses that may result from the Member accessing the Sites or using information on the Sites. The Bartolotta Restaurants provide the Sites and the information included on the Sites “as is” without any warranty of any kind, either expressed or implied. The Bartolotta Restaurants is not responsible for interrupted or unavailable network server or other connections, miscommunications, computer transmissions or jumbled, scrambled or misdirected transmissions, or for electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer or device related to participating in the Rewards Program. The Bartolotta Restaurants liability for Bartolotta Rewards or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other Bartolotta Rewards or other benefits, while supplies last.

  11. Release: Member hereby releases and agrees to indemnify and hold harmless The Bartolotta Restaurants from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the Member’s participation in the Rewards Program, or the receipt, use or misuse, of Bartolotta Rewards or any other award or benefit.

  12. Links to Third Party Websites: The Sites may contain links to third-party websites or may permit Members to log in via the member’s account on a social media website or application. The Bartolotta Restaurants does not have any control over these other websites and it is not responsible for their content or security. If a Member clicks on a link to an outside website or uses a social media account to log in to a Site, they do so at their own risk and is subject to the privacy policy, and terms and conditions of that website.

  13. Privacy: Any information that a Member provides to The Bartolotta Restaurants will be treated in accordance with Bartolotta Rewards Privacy Statement, located at https://www.bartolottas.com/rewards/privacy-policy.

  14. Choice of Law: These Terms of Use are governed by and are to be construed in accordance with the laws of the State of Wisconsin.

  15. Please read this section carefully: Disputes to Be Resolved Through Arbitration; Class Action Waiver: Except where prohibited by law and unless the Member opts out in the manner described below, by participating in the Rewards Program, the Member agrees that any action arising out of or relating in any way to the Rewards Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The American Arbitration Association’s current rules for consumer disputes can be found at https://www.adr.org/Rules. The arbitration shall be held at a location in the state in which the Member resides. The arbitrator is not authorized to modify or replace these Terms of Use, except as expressly authorized by governing law and only to that extent, the arbitrator shall not have the power to award punitive damages against Member or The Bartolotta Restaurants. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only the Member’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or Members who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. The Member also agrees that (a) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; (b) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the arbitrator under the applicable law; and (c) under no circumstances will the Member be permitted, and the Member hereby waives all rights, to: (i) claim special, incidental, indirect and consequential damages; and (ii) have damages multiplied or otherwise increased. The arbitrator shall also resolve any challenge to this provision including, without limitation, the applicability and enforceability of this provision. The arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, and unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

  16. Election To Not Be Bound By Arbitration Policy: You may elect to opt out of the above Arbitration requirement within 30 days of the latter of (a) the date on which you enrolled in the Rewards Program or (b) the effective date of these Terms of Use (the “Arbitration Opt-Out Deadline”). To opt out, please send written notice of your election to opt out in one of the following ways: (x) by email to rewards@bartolottas.com, or (y) by regular U.S. Mail to The Bartolotta Restaurants, Attention: Bartolotta Rewards, 520 W McKinley Avenue, Milwaukee, Wisconsin 53212. Any election notice received after the Arbitration Opt-Out Deadline (allowing five additional business days after postmark for mailing) will not be valid. The election notice must state your name, mailing address, phone number and email address and a statement that you are electing to not be bound by the Arbitration Policy. The Bartolotta Restaurants does not have a preference as to whether you elect to not be bound by this Arbitration Policy. Opting out of the arbitration agreement will not impact your enrollment in the Rewards Program.

If a Member opts out of arbitration, the Member is subject to the following provisions. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. The Member also agrees that (a) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the court awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the court under the applicable law; and (b) under no circumstances will the Member be permitted, and the Member hereby waives all rights, to: (i) claim special, incidental, indirect and consequential damages; and (ii) have damages multiplied or otherwise increased. The court shall also resolve any challenge to this provision including, without limitation, the applicability and enforceability of this provision. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the matters contemplated hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens.