Raising Cane’s Chicken Fingers®
“Free CANE’S® for a Year” Complete Program Terms
Effective: January 17, 2023
The following Free CANE’S® for a Year Complete Program Terms (the “Program Terms”) describe the terms and conditions that apply to use of a Free CANE’S® for a Year Reward Card (hereafter referred to as “FCFAY Reward Card” or “Card”), whether in physical or digital format.
THESE PROGRAM TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT, AS SET FORTH BELOW, AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, A WAIVER OF JURY TRIALS, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.
1. How FCFAY Reward Cards Work. A FCFAY Reward Card entitles the bearer to receive three (3) THE BOX COMBO® meals (each a “Meal”) per calendar month at participating Raising Cane’s® restaurants (“Participating Restaurants”) starting with the month in which the Card is issued and continuing for the next twelve (12) consecutive calendar months (“Effective Period”). The bearer simply orders a Meal at a Participating Restaurant, presents the Card at the register to be swiped by a crewmember, and receives a Meal for FREE, provided a free Meal remains on the Card that month and the Card is still in its Effective Period. On the first day of each calendar month during the Effective Period the Card will be automatically loaded with three (3) Meals redeemable within that calendar month. Unredeemed Meals do not roll over to the next month and are forfeited. Card is not replaceable, non-transferable, and not redeemable for cash.
3. Redemption. FCFAY Reward Cards are not redeemable for any food, beverage, or merchandise other than THE BOX COMBO® meal. No substitutions are allowed. You may only redeem a FCFAY Reward Card at Participating Restaurants, which include all Raising Cane’s Chicken Fingers® restaurants located in the United States or U.S. territories except the following: Virginia Commonwealth University (805 W Grace St., Richmond, VA), Alabama University (210 Mc Corvey Dr, Tuscaloosa, AL), University of Tennessee (1659 Cumberland Ave., Knoxville, TN), Ole Miss (900 Hill Drive, Oxford, MS), Clemson (511 Fort Hill Street, Clemson, SC), East Carolina University (501 E Tenth Street, Greenville, NC).
4. Miscellaneous. FCFAY Reward Cards have no cash value and may not be redeemed for cash (except as required by law). FCFAY Reward Cards have no value until issued and activated, and become void at the conclusion of the Effective Period. Raising Cane’s and any Participating Restaurants reserve the right to refuse to honor any FCFAY Reward Card in the event of a reasonable belief or suspicion that the FCFAY Reward Card has been stolen, or the attempted use of the FCFAY Reward Card is fraudulent, unlawful, or in violation of these Program Terms.
5. Remaining Meals. You may contact our Customer Relations department at www.HiCanes.com to find out how many Meals remain on your Card in a given month during the Effective Period, and to find out when your Effective Period ends. You may also obtain that information at a Participating Restaurant by asking an available crewmember to swipe your Card at the register. The information you receive when inquiring is an estimate only. In most cases, the information is adjusted immediately when you redeem a Meal, but there may be occasions when the adjustment is delayed.
6. Expiration/Fees. FCFAY Reward Cards expire at midnight Eastern Time on the last day of the twelfth calendar month following the month during which the Card was first issued. No service fees or fees for inactivity apply to any FCFAY Reward Cards.
7. Non-Reloadable. FCFAY Reward Cards may not be reloaded after the Effective Period.
8. No Refunds. No refunds are permitted in connection with FCFAY Reward Cards. All redemption of Meals using FCFAY Reward Cards are final.
9. Lost, Damaged, or Stolen FCFAY Reward Cards; Unauthorized Use. Lost, damaged, stolen, or fraudulently used FCFAY Reward Cards will not be replaced or replenished. Neither Raising Cane’s nor any Participating Restaurant is responsible for unauthorized FCFAY Reward Card use.
10. Transfers and Resale Prohibited. You may not sell or transfer a FCFAY Reward Card, or otherwise barter for its exchange. You may redeem a Meal using your FCFAY Reward Card for a friend, as long as you have Meals available.
11. MANDATORY BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE AND REQUIRES INDIVIDUAL FINAL AND BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF RESOLUTION IN COURT.
THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND RAISING CANE’S TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY, OR TO APPEAL DECISIONS CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
INFORMAL RESOLUTION: you and Raising Cane’s will first attempt to resolve any claim informally. Accordingly, neither you nor Raising Cane’s may start a formal arbitration proceeding for at least 60 days after one party notifies the other party of a claim in writing. As part of this informal resolution process, you must deliver your written notices via hand or first-class mail to us at Raising Cane’s, Attn: Legal, 6800 Bishop Road, Plano, Texas 75024.
GOVERNING LAW: you and Raising Cane’s agree that these terms and conditions and any Dispute you may have with Raising Cane’s, will be governed by federal law and the Federal Arbitration Act as to arbitration issues; the law of the State of Texas for all issues arising from or related to the Program Terms, without reference to the principles of conflicts of laws thereof. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.
WE BOTH AGREE TO ARBITRATE: you and Raising Cane’s agree to resolve any dispute between you and Raising Cane’s or its affiliates (“Dispute”) through final and binding arbitration, with two exceptions. First, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), or to the extent that you believe Raising Cane’s may have violated or threatened to violate your intellectual property rights, Raising Cane’s or you may bring a lawsuit solely for injunctive relief to stop intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Second, you may bring any matter within the jurisdiction of a small claims court or similar court in which you seek less than $10,000 in a small claims court or similar court on an individual basis without a class action and without any request for injunctive relief.
WHAT IS ARBITRATION: you and Raising Cane’s mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for Disputes that arise between you and Raising Cane’s, its related and affiliated companies, successors, and assigns; and/or any current or former employee, officer, or director of Raising Cane’s or any related or affiliated company. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. You and Raising Cane’s agree that this Dispute Resolution Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even if the applicable terms and conditions expire or terminate. Any revision to or termination of the applicable terms and conditions that modify or terminate this Dispute Resolution Section shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Raising Cane’s in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE APPLICABLE ENTITY
WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
NO CLASS ACTIONS: Except as otherwise required under applicable law, you and Raising Cane’s agree to arbitrate any Dispute only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, consolidated, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under the applicable terms and conditions may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, consolidated, representative, or private attorney general proceeding.
WHO DECIDES WHAT CAN BE ARBITRATED: If a party violates the agreement to arbitrate by commencing an action asserting a Dispute in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Dispute Resolution Section. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Dispute Resolution Section for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Dispute Resolution Section, including the Class Action Waiver.
WHAT ARE THE ARBITRATION RULES, PROCEDURES, AND COSTS: To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first-class mail to JAMS Mediation, Arbitration and ADR Services (“JAMS”) and us at Raising Cane’s, Attn: General Counsel, 6800 Bishop Road, Plano, Texas 75024. You and Raising Cane’s agree that the arbitration shall be administered by JAMS before a single arbitrator mutually agreed upon by the parties. Except to the extent that they are modified by the rules below, if you are an individual person, the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time of the filing of the demand (and that are available at https://www.jamsadr.com/rules-streamlined-arbitration/) will apply.
The parties agree that the applicable JAMS rules are modified as follows:
(a) Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas law. Unless you prefer otherwise and the Applicable Entity agrees, the arbitration shall be conducted in the county in which you reside. Or if that is not practicable, in an adjacent county as determined by JAMS.
(b) No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
(c) All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information. If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible, without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
(d) The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Dispute(s).
(e) Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
(f) The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
(g) The Federal Rules of Evidence shall apply to all arbitration proceedings.
(h) The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
(i) The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
(j) The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
(k) If you initiate arbitration, you will pay the first $250, and Raising Cane’s will pay all other filing, administrative, or hearing fees. If you are an individual person and Raising Cane’s initiates arbitration, Raising Cane’s will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, you will remain responsible for your attorneys’ fees and costs unless the law governing the Dispute(s) provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that you may recover a certain amount of attorneys’ fees and costs.
If any term or condition in this Dispute Resolution Section is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed, and the remainder of this Dispute Resolution Section shall not be affected. Provided, however, that if the Class Action waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the County of Collin, Texas, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. Limitation of Liability. RAISING CANE’S MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE FCFAY REWARD CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A FCFAY REWARD CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND RAISING CANE’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH FCFAY REWARD CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD RAISING CANE’S AND ITS AFFILIATES (AND THEIR OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS, INCLUDING COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF YOUR FCFAY REWARD CARD OR VIOLATION OF ANY OF THESE PROGRAM TERMS.
13. Governing Law. The laws of the State of Texas, without regard to principles of conflict of laws, apply to these Program Terms and use of your FCFAY Reward Card. If any part of these Program Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
14. Changes to Agreement. Raising Cane’s reserves the right to change these Program Terms from time to time in its discretion without special notice to you. Notice of changes will be by reasonable means, which may be by the posting of the revised version of these Program Terms on this website (“Updated Terms”). Your use of a FCFAY Reward Card after Raising Cane’s or Raising Cane’s has posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of a FCFAY Reward Card from that point forward. The date of the last update to these Program Terms is always indicated near the top of the page and any change in the date of these Program Terms shall constitute notice to you that the Program Terms have changed.
15. Fraud/Violation of Terms. Raising Cane’s reserves the right to refuse to honor, or to suspend or deactivate a FCFAY Reward Card where Raising Cane’s suspects that the FCFAY Reward Card was issued or awarded fraudulently, in violation of these Program Terms, or in violation of applicable terms of the program in which the FCFAY Reward Card was a prize, or in violation of laws or other applicable Raising Cane’s terms and conditions.