Last Updated and Effective as of: Decmber 07, 2023 (the “Effective Date”)

Welcome to Hellas Pitas Rewards! These Rewards Program Terms (collectively, the “Terms”) govern all access to and participation in the Hellas Pitas Rewards Program (the “Program”), a promotional program sponsored by Hellas Pitas Group, Inc. (“Hellas Pitas”, “we”, “our” and “us”), and offered as a benefit to our customers who register for the Hellas Pitas Rewards Program (“you”). These Terms supplement and are subject to the Hellas Pitas Privacy Policy at https://hellaspitas.com, Notice of Financial Incentives at https://hellaspitas.com/privacy, which are incorporated herein and made a part hereof. Please read these Terms carefully. If you do not agree to these Terms, please do not participate in the Program.

PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS AND CONDITIONS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE THE SECTION 14 (“DISPUTE RESOLUTION AND GOVERNING LAW”) BELOW.

1. Hellas Pitas Rewards Overview

The Program is a way for Hellas Pitas to reward and surprise our loyal guests. Members of the Program can earn points (“Hellas Pitas Points”) for eligible purchases that can be redeemed for Hellas Pitas food, beverages, restaurant credit, and percentage discounts at participating Hellas Pitas restaurants. By participating, you may also be rewarded with exclusive offers, invites to events, sneak peeks on new menu items, special birthday gifts, and other surprises.

2. Entering the Program

To enroll in the Program, you must affirmatively opt in, which you may do by visiting https://hellaspitas.com/rewards or by clicking “Sign In” and then “Sign Up” or “Create an Account” on the official Hellas Pitas website (the “Hellas Pitas Website”) or official Hellas Pitas app (the “Hellas Pitas App”) and completing all required fields, or in such other manner that we may provide from time to time. Your use of the Hellas Pitas Website or Hellas Pitas App is subject to additional terms and conditions. The Program is open to legal residents of the United States who: (A) possess the legal authority to agree to these Terms; (B) reside in a jurisdiction which legally permits participation in the Program; (C) provide valid and accurate personal information when enrolling the Program; (D) is not already a member of the Program; (E) have not been previously removed or terminated from the Program; and (F) are at least 18 years of age at the time of registration. The Program is not targeted, nor is it intended to be used by anyone under the age of 18. You can freely withdraw your consent at any time by contacting us at [email protected]. Please note that withdrawing your opt-in to the Program will result in the closure of your Program account and the forfeiture of any Hellas Pitas Points held by the account. As a general matter, each Program account may be used by and associated with only one person. However, we will permit members of the same household to use the same account so long as the above requirements are met, but we cannot separate Program benefits, Hellas Pitas Points, or offers earned or used by different members of the same household using the same account.

By opening an account or by using the account to earn or redeem Hellas Pitas Points, you agree that you have read and accept these Terms.

3. Earning Hellas Pitas Points

When ordering in-restaurant, scan the barcode or QR code that identifies your account, as applicable, on your Hellas Pitas App and confirm your loyalty account with the cashier. If the Hellas Pitas App or in-restaurant scanner is not working, you may share your phone number with the cashier and confirm your account. If ordering online or on the Hellas Pitas App, you must be logged in to your Hellas Pitas Rewards account. Support may be sought from support.Hellas Pitas.com or such other website location as available from time to time.

For every qualifying Hellas Pitas purchase recorded to your Hellas Pitas Rewards account at the time of purchase, you will earn Hellas Pitas Points based on the qualifying purchase amount. For every full dollar you spend on the Qualifying Purchase (discussed below), you will receive ten (10) Hellas Pitas Points, and any remainder is rounded up or down based on unbiased rounding rules. For example, if you spend $14.68 in a Qualifying Purchase, you may receive 147 Hellas Pitas Points based on unbiased rounding rules. Please note that Hellas Pitas Points are tracked on a per purchase basis. Your Hellas Pitas Points will not be reflected immediately in your account upon purchase, but the points should be processed and appear within 24 hours afterwards.

The “Qualifying Purchase” amount is your pre-tax transaction total for a purchase but excludes any amounts spent for gift cards, delivery fees, taxes, tips, refunded items, gratis items, and returned items. Qualifying Purchases do not include purchases and orders made in connection with our catering services or our Hellas Pitas Table location(s). A Qualifying Purchase is paid by the enrolled user but excludes any amount spent or reduced through the Program, promotional redemptions, offers, and discounts. Please note that while the purchase of a gift card does not count as a Qualifying Purchase, the amount paid using a gift card may accumulate Hellas Pitas Points if made on an otherwise Qualifying Purchase.

Your Hellas Pitas Points are subject to expiration. Following your first Qualifying Purchase, you have 150 days from the date of that purchase to accumulate and redeem Hellas Pitas Points (the “150-Day Period”). At the end of the 150-Day Period, your Hellas Pitas Points will return to zero, and you may start another a new 150-Day Period upon your next Qualifying Purchase. If you have already initiated a 150-Day Period prior to the Effective Date, the remainder of that period will continue into the new points program on the Effective Date, and your Qualified Spend (defined under the previous terms for the Program) will automatically convert into Hellas Pitas Points using the same 10:1 ratio as described above. For example, if you have 30 days remaining for a 150-Day Period prior to the Effective Date, you will have 30 days of the 150-Day Period remaining under these Terms.

At this time, Hellas Pitas Points cannot be earned or redeemed on third party delivery services. Your ability to apply a purchase to your account may be limited to participating locations. We reserve the right to offer additional rewards or decline to offer rewards in our sole discretion and without notice to you.

Your Hellas Pitas Points have no cash value, are non-transferable, and cannot be exchanged or redeemed for cash, prizes, or credit except for the redemption of rewards available under the Program and expressly permitted in these Terms. The Qualifying Rewards (discussed below) cannot be redeemed for cash, have no cash-out value, and may be revoked at any time. Hellas Pitas Points believed to have been sold, exchanged, or issued fraudulently, or issued to someone other than the eligible account member, will be void. If you have any questions about your Hellas Pitas Points, please contact us at [email protected].

4. Using Hellas Pitas Points

Once your Hellas Pitas Rewards account reflects your accumulated Hellas Pitas Points, you may use your Hellas Pitas Points to load food, beverage, store credit, percentage discounts, and other items available through the Program (the “Qualifying Rewards”) to your account. Each of the Qualifying Rewards is assigned a point value, and you may redeem Hellas Pitas Points for a Qualifying Reward only through the Hellas Pitas Website or Hellas Pitas App, which requires that you are logged into your account. The Hellas Pitas Points values associated with the Qualifying Rewards are subject to change and may increase at any time, and the values listed at the time of your redemption constitute the amount due for redemption of Hellas Pitas Points at such time. Also, the Qualifying Rewards are subject to change at any time. We reserve the right to change, modify, terminate, or cancel any Qualifying Rewards, offers, terms, rules, benefits, and regulations of our Program at any time, even though such changes may affect the value of already-issued Hellas Pitas Points and rewards. You cannot make changes, modifications, upgrades, or other alterations to Qualifying Rewards, which are offered as they are listed in the Hellas Pitas Website and Hellas Pitas App. Unless expressly stated otherwise in connection with the Qualifying Reward, no Qualifying Reward may be used in connection with a purchase or order for our catering services.

Once you load a Qualifying Reward to your account, the associated Hellas Pitas Points value will be reduced in your account. You will also have a limited time to redeem that Qualifying Reward at a participating Hellas Pitas store location. To redeem your Qualifying Reward, simply scan your Hellas Pitas Rewards account via the Hellas Pitas App to identify yourself at checkout. You must let the operator know that you are choosing to redeem your Qualifying Reward so the operator may select the same for checkout. When placing a digital order via the Hellas Pitas App or online, any available Qualifying Reward may automatically apply to your transaction, but you are responsible for confirming the application of the reward to your order.

After the earlier of your redemption of the Qualifying Reward or the expiration of the redemption period, your Qualifying Reward will no longer be valid or redeemable. Any unused Qualifying Reward is forfeited and will not be refunded to Hellas Pitas Points or any other credit. Unless otherwise specified, your Qualifying Reward will expire sixty (60) days after you load it to your account. When Qualifying Rewards are loaded to your account, additional terms, conditions, and restrictions may apply. Please carefully review the Terms applicable to rewards issued to you.

Once you load a Qualifying Reward to your account, the selection is final and cannot be refunded or otherwise changed. Not all Qualifying Rewards may be available at all Hellas Pitas locations. Qualifying Rewards are subject to availability at Hellas Pitas store locations. If the Qualifying Reward is not available at a particular location or at a particular time, no extensions of time for redemption, refunds, or transfers will be allowed.

For those not enrolled in the program discussed below in Section 5, you may redeem your Hellas Pitas Points for the following Qualifying Reward:

• $8 LOYALTY REWARD (880 Hellas Pitas Points): Covers the cost of one (1) credit in the value of $8.00 to be loaded onto your account and may be used to reduce the purchase price of an order. If there is any amount left over after an order, it can be used in a subsequent transaction, provided that the transaction is made within the Qualifying Reward’s expiration date. Each Qualifying Reward is non-transferable and expires 60 days after loading into your account. You are responsible for any costs exceeding the credit amount. Does not apply to any other items not explicitly stated in this description. Multiple credits may be stacked to your account. The Qualifying Reward cannot be exchanged for cash or combined with other offers. Additional terms, conditions, and restrictions may apply at the time or location of redemption. The Qualifying Reward is subject to these Terms.

For all account holders who have a lifetime spend of at least one hundred dollars (as calculated and recorded by us), whether in the Pilot Program or not, you may receive a click-to-claim birthday reward loaded to your account without redeeming Hellas Pitas Points. Such Qualifying Reward is subject to the following additional terms:

• $9 BIRTHDAY REWARD: Provides one (1) credit in the value of $9.00 to be loaded onto your account through a click-to-claim function and may be used to reduce the purchase price of an order. If there is any amount left over after an order, it can be used in a subsequent transaction, provided that the transaction is made within the Qualifying Reward’s expiration date. You are responsible for any costs exceeding the credit amount. Does not apply to any other items not explicitly stated in this description. Each Qualifying Reward is non-transferable and expires thirty (30) days from the date of issue. The Qualifying Reward cannot be exchanged for cash or combined with other offers. Additional terms, conditions, and restrictions may apply at the time or location of redemption. The Qualifying Reward is subject to these Terms.

5. Pilot Program

The terms of this Section 5 are applicable only for those accounts enrolled in the limited program described in this Section 5 (the “Pilot Program”), which runs from December 4th, 2023 (“Pilot Launch Date”), to and through such date that Hellas Pitas determines in its sole discretion (the “Pilot Period”). You are not enrolled in the Pilot Program unless invited and enrolled by Hellas Pitas, which shall solely determine your enrollment status in its sole discretion. For those accounts allowed into the Pilot Program during the Pilot Period (defined below), the prior terms of the Program are terminated, and the following provisions apply to your earning and redeeming Hellas Pitas Points for the Pilot Period, which may be adjusted in duration upon email notice to you:

Earning Points. During the Pilot Period, you will earn Hellas Pitas Points as stated above in Section 3. To the extent you maintained any Hellas Pitas Points (following the conversion of your Qualified Spend into Hellas Pitas Points in the same manner as described above, which shall apply to the Pilot Program as well on the Effective Date prior to the commencement of the Pilot Program, that amount will continue into the Pilot Program. If you have already initiated a 150-Day Period prior to the Pilot Launch Date, the remainder of that period will continue into the Pilot Program on the Pilot Launch Date. For example, if you have 30 days remaining for a 150-Day Period prior to the Pilot Launch Date, you will have 30 days of the 150-Day Period continuing into the Pilot Program under these Terms.

Redeeming Points. Under the prior terms of the Program, your purchase amounts would automatically convert into potential rewards. However, you must now access your Hellas Pitas Rewards account to use your Hellas Pitas Points to load a Qualifying Reward to your account as described in Section 4 above.

Available Rewards. In the Pilot Program, you may redeem your Hellas Pitas Points for the following Qualifying Rewards:

• DRINK (400 Hellas Pitas Points): Consists of one (1) large fountain drink at regular price, provided free of charge. Does not apply to bottled beverages or any other items not explicitly stated in this description.

• PITA CHIPS (650 Hellas Pitas Points): Consists of one (1) order of pita chips at regular price, provided free of charge. Does not apply to or include any other items not explicitly stated in this description.

• PREMIUM PROTEIN (650 Hellas Pitas Points): Reward can be redeemed exclusively on digital platforms; in-store orders are not eligible for this Reward. Requires purchase of underlying entree capable of adding a premium protein. Covers the additional cost of one (1) single order of premium protein when ordered for a separate entree. For Curated Entrees Only: To claim Qualifying Reward for a Curated Entree, you must remove the existing protein from your entree and add the premium protein. Does not apply to or include the cost of the entree or any other items not explicitly stated in this description.

• HALF-OFF ENTRÉE (1100 Hellas Pitas Points): Requires purchase of entree. Provides a 50% discount on an entree, including any modifications made to the order as permitted under the menu and store location. Does not apply to any other items not explicitly stated in this description. For multiple-entree order, automatically applies to the most expensive entree in order.

• KIDS MEAL (1100 Hellas Pitas Points): Covers the cost of one (1) kid’s meal up to a value of $7.70 at then-current prices, including any modifications made to the order up to that price. You are responsible for any costs exceeding that amount. Does not apply to any other items not explicitly stated in this description. For multiple-kid’s meal order, automatically applies to the most expensive kid’s meal in order.

• ENTREE (1850 Hellas Pitas Points): Covers the cost of one (1) entrée up to a value of $17.60 at then-current prices, including any modifications made to the order up to that price. You are responsible for any costs exceeding that amount. Does not apply to any other items not explicitly stated in this Reward description. For multiple-entree order, automatically applies to the most expensive entree in order.

All of the above Qualifying Rewards are subject to availability. The Qualifying Reward is non-transferable and expires 60 days after loading to account. The Qualifying Reward cannot be exchanged for cash or combined with other offers. Additional terms, conditions, and restrictions may apply at the time or location of redemption. The Qualifying Rewards are subject to these Terms.

Subject to Termination. We may terminate the Pilot Program and/or the Pilot Period, in whole or in part, at any time immediately upon notice to you by email. Upon such termination, all unredeemed Hellas Pitas Points will be forfeited without any obligation or liability, and no award or reward claims will be honored after sending notice.

6. Surprise Rewards and Bonus Hellas Pitas Points

As a member of Hellas Pitas Rewards you may receive surprise rewards and benefits depending on your account status or other metrics. Any such surprise rewards will appear in your account for the Program, and we may also provide notice to you by the email associated with your account. These surprise rewards are subject to any expiration date or additional terms provided in connection with the reward, which we may change at any time.

We may also provide opportunities to receive additional Hellas Pitas Points. For example, we may provide you notice that certain purchases for a limited time will earn a doubling of the Hellas Pitas Points earned under the Program. Such offers are limited to those invited and are subject to the terms and conditions of the specific offer made.

7. Redemption Order

We reserve the right in our sole discretion to determine the order in which Hellas Pitas Points and Qualifying Rewards are applied to transactions and their priority to promotional codes, gift cards, or other payment credits that are associated with your Hellas Pitas Rewards account. We cannot guarantee that the Qualifying Rewards with the earliest expiration dates will be given priority in all transactions and you agree to monitor your account regularly to verify the status of your Hellas Pitas Rewards account.

8. Account Membership

Your Hellas Pitas Rewards account, username, password, and information are for your personal use only. You are responsible for maintaining the confidentiality of and are responsible for all activities that occur under your Hellas Pitas Rewards account, username, password, credit card, gift card, and any other information that may be used to access your account. If you believe your account has been compromised, please contact us and take immediate action to remove the credit card, gift card, or other payment information associated with your account. Neither Hellas Pitas nor any of its suppliers, contractors, or service providers (collectively, “Suppliers”) are responsible for undeliverable, lost, returned, or misdirected emails or other correspondence related to your account.

By enrolling in the Program or otherwise using Hellas Pitas Points or Qualifying Rewards, you authorize Hellas Pitas, its affiliates, and partners to communicate marketing and company information to you. Communications may include marketing emails, direct mail, and other communications about offers and promotions. By enrolling, you also agree to all terms listed in the Hellas Pitas Privacy Policy at https://Hellas Pitas.com/privacy. Please see the Privacy Policy section below for additional information.

You may not use the Program for any purpose that is: (A) prohibited by these Terms, (B) violates any applicable law, (C) causes damage on or through the Program, (D) infringes upon the rights of any third party, (E) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent, or otherwise objectionable, or (F) actually or intends to affect or interrupt the operation of the Program. Hellas Pitas reserves the right to remove any member of the Program immediately for any reason in its sole discretion.

We are not responsible for:  (i) any loss or misdirection of, or delay in receiving, any Program application, correspondence, redemption requests, Hellas Pitas Points, Qualifying Rewards, or other benefits; (ii) theft or unauthorized redemption of Hellas Pitas Points or Qualifying Rewards or use of a Qualifying Reward; (iii) any acts or omissions of third parties; or (iv) any errors published in relation to the Program, including, without limitation, any Qualifying Reward point values or typographical errors, errors of description, and errors in the crediting or debiting of Hellas Pitas Points from Program accounts.  The Company reserves the right to correct, without notice, any errors and to deny redemption or use of any Qualifying Rewards based on any such errors.

Some of the Qualifying Rewards may be made available through our Suppliers. By using such Qualifying Rewards, you agree to comply with all of our Suppliers’ terms and notices as well. While there are no fees charged by Hellas Pitas to participate in the Program, there may be data usage or other like fees owed to your mobile carrier or internet provider resulting from such use, for which you are solely responsible. You are responsible for payment of any items purchased through the Program.

9. House Credit

In some circumstances, we may provide certain house credits to customers (“House Credit”). To be eligible to receive and use House Credit through the Program, you must be enrolled in the Program. Please note that House Credit may be provided through other means. House Credit is not considered a Qualifying Reward under the Program. House Credit is non-transferable and may only be used by the member to whom it was issued. House Credit may be issued at our sole discretion. The issuance of House Credit does not guarantee the issuance of future House Credit or imply a precedent for future situations. House Credit may be used towards eligible purchases at participating locations. House Credit cannot be used in conjunction with any other offers or discounts, unless otherwise specified. House Credit cannot be exchanged for cash or other forms of credit. House Credit will expire one (1) year from the date of issuance or as otherwise may be specified. Upon expiration, the House Credit will be removed from the member’s account and will no longer be available for use. It is the member’s sole responsibility to monitor their account and use their House Credit before it expires. We reserve the right to modify, suspend, or terminate the House Credit at any time and for any reason, with or without notice.

10. Changes to Terms

We reserve the right to add, remove, or change any of these Terms, policies, FAQs, guidelines, or other terms pertaining to the Program at any time. Any modifications will be effective immediately upon posting the revision and, by accepting these Terms, you waive any right to receive special notice of such change. By continuing to use the Program, you agree to any revised Terms or policies posted by us. It is your responsibility to review the Terms periodically to be aware of any such changes.

Without limiting the foregoing, all Program benefits, offers, rewards, and features are subject to availability and may be changed at any time without notice. We may terminate the Program, in whole or in part, without any notice except as otherwise required by applicable law. At our sole discretion, we may choose to substitute a similar program for the Program at any time immediately upon notice to active account members. If the Program is terminated, all unredeemed Hellas Pitas Points will be forfeited without any obligation or liability, and no award or reward claims will be honored after the conclusion of the relevant notice period.

11. Managing Communication Preferences

You may opt out from receiving Program communications at any time. To do so, please click unsubscribe in the bottom of the email and complete the opt out process. When opting out, you will still be eligible to participate in the Hellas Pitas Rewards program, however you will not receive communications about future offers within the Program. For more information about managing your information preferences and opting out, please see our Privacy Policy at https://hellaspitas.com/privacy.

12. Privacy Policy

Except as otherwise noted in these Terms, the Hellas Pitas Privacy Policy and related standards will apply to information you provide through the Program. See the Hellas Pitas Privacy Policy at https://hellaspitas.com/privacy and Financial Incentives notice at https://hellaspitas.com/privacy to understand how we collect, use, and disclose information. By enrolling in and accessing or using Program, Hellas Pitas Points, or Qualifying Rewards, you consent to all actions that we take with respect to your data that is consistent with our Privacy Policy. You may request that we remove your information from the Hellas Pitas Rewards Program at any time by contacting us at [email protected]. However, we may not be able to administer the Program or provide you with earned rewards or offers. If you no longer wish to participate in the Program, you can freely withdraw your consent to enroll at any time by contacting us at [email protected].

13. RELEASE, DISCLAIMER AND LIMITATION OF LIABILITY

OUR PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Hellas Pitas MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THOSE ARISING OUT OF ANY COURSE OF DEALING, USAGE, OR TRADE, THAT THE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED OR ALWAYS ACCESSIBLE, THAT ANY INFORMATION YOU SUBMIT, INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION, WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Hellas Pitas OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Hellas Pitas SHALL NOT BE LIABLE FOR UNAUTHORIZED USE, ALTERATION, THEFT OR DESTRUCTION OF A REWARDS CREDIT DUE TO ACCIDENT, MISUSE OR FRAUDULENT MEANS BY YOU OR A THIRD PARTY OR AS A RESULT OF CIRCUMSTANCES BEYOND OUR CONTROL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Hellas Pitas OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE. IN THE EVENT OF ANY PROBLEM WITH THE PROGRAM, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PROGRAM. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE LAST REWARDS CREDIT BALANCE HELD IN YOUR MEMBERSHIP OR OTHERWISE THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS.

14. DISPUTE RESOLUTION, GOVERNING LAW, and ARBITRATION

In the event there are any issues, these Terms will be governed by and interpreted in accordance with the laws of the State of Delaware without regard to any conflict of laws principles. BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT YOU WILL RESOLVE ANY DISPUTES WITH Hellas Pitas THROUGH BINDING AND FINAL ARBITRATION (INSTEAD OF THROUGH COURT PROCEEDINGS) AS FURTHER SET FORTH BELOW. AS PART OF YOUR EXPRESSED ACCEPTANCE OF THESE TERMS AND CONDITIONS, PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS AND CONDITIONS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. YOU AGREE THAT, AS PART OF THE FOREGOING, ANY CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE PROHIBITED.

YOU AGREE TO FIRST TRY TO RESOLVE ANY DISPUTE OR CLAIM IN CONNECTION TO THESE TERMS OR THE PROGRAM INFORMALLY BY CONTACTING US IN WRITING AT NOTICES@Hellas Pitas.COM. IF THE DISPUTE OR CLAIM IS NOT RESOLVED WITHIN 60 DAYS OF SUBMISSION, YOU AGREE THAT YOU OR Hellas Pitas MAY INITIATE ARBITRATION.

IN THE EVENT OF ANY DISPUTE CONCERNING THE PROGRAM OR ITS APPLICABLE TERMS (INCLUDING ISSUES RELATING TO THE EFFECTIVENESS OF THIS ARBITRATION PROVISION), FOLLOWING INFORMAL DISPUTE RESOLUTION, THE PARTIES UNCONDITIONALLY AND IRREVOCABLY AGREE THAT THE DISPUTE WILL BE RESOLVED BY ARBITRATION (AND ACCORDINGLY THEY HEREBY CONSENT TO PERSONAL JURISDICTION OVER THEM) EXCLUSIVELY IN THE VICINITY OF THE DISTRICT OF COLUMBIA OR WILMINGTON, DELAWARE, BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION WILL BE HEARD AND DETERMINED BY A SINGLE NEUTRAL ARBITRATOR. THE ARBITRATOR’S DECISION IN ANY SUCH ARBITRATION WILL BE FINAL AND BINDING UPON THE PARTIES AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS ATTORNEYS’ FEES AND ARBITRATION COSTS FROM THE OTHER PARTY. THE PARTIES AGREE THAT THE ARBITRATION WILL BE KEPT CONFIDENTIAL AND THAT THE EXISTENCE OF THE PROCEEDING AND ANY ELEMENT OF IT (INCLUDING, WITHOUT LIMITATION, ANY PLEADINGS, BRIEFS OR OTHER DOCUMENTS SUBMITTED OR EXCHANGED AND ANY TESTIMONY OR OTHER ORAL SUBMISSIONS AND AWARDS) WILL NOT BE DISCLOSED BEYOND THE ARBITRATION PROCEEDING, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. A PRINTED VERSION OF THESE TERMS WILL BE ADMISSIBLE IN JUDICIAL AND ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THESE TERMS TO THE SAME EXTENT AS OTHER BUSINESS DOCUMENTS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. YOU SHALL COMPLY WITH ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF THE SITES. ALL RIGHTS NOT GRANTED HEREIN ARE EXPRESSLY RESERVED TO Hellas Pitas.

15. General

In all matters relating to the administration of the Program, the decisions of Hellas Pitas shall be final. Hellas Pitas is not responsible for communication problems of any kind, including issues due to changes in your contact information (so please make sure your contact information is up to date). Under no circumstances will Hellas Pitas be liable for any delay or failure in performance due in whole or in part to any acts of nature or other actions, circumstances or causes beyond its reasonable control. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect and in the manner most favorable to Hellas Pitas. The failure of Hellas Pitas to enforce any right or provision of these Terms will not prevent Hellas Pitas from enforcing such right or provision in the future. Hellas Pitas may assign its rights and obligations under these Terms including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

All interpretations of these Terms regarding membership are at our sole discretion, and our decisions will be final. We and our affiliated entities are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Hellas Pitas Group, Inc., and its affiliated entities.

Hellas Pitas Points, Qualifying Rewards, and other Program benefits may be subject to income or other applicable taxes. You agree that we may collect such sales tax payments from you as we deem applicable; however, you are responsible for paying all taxes and for making all applicable disclosures to third parties. We will not be liable for any tax liability, duty, or other charges in connection with the issuance of Hellas Pitas Points, Qualifying Rewards, and other Program benefits.

These Terms, together with any other terms and conditions or policies incorporated or referred to herein constitute the entire agreement between you and us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Hellas Pitas Website or Hellas Pitas App (for example, the list and value of Qualifying Rewards).

16. Contact Us

Please contact us at [email protected] if you have any questions regarding your membership in the Hellas Pitas Rewards Program.