The My Ohana Rewards™ (MOR) program (the “MOR Program” ) allows you to earn reward points in connection with your eligible purchases at Ohana Q and to redeem those cumulative points for rewards (collectively, “Rewards”), as provided in these “Terms and Conditions.” Please read these Terms and Conditions carefully and keep them with your records. By enrolling in the Program, you agree to these Terms and Conditions, as they may be modified from time to time in our sole discretion (with the exceptions noted in Section 19, below). This Program is void where prohibited by federal, state, or local law, and Rewards may be restricted by federal, state, or local law. THESE TERMS AND CONDITIONS INCLUDE A WAIVER OF CERTAIN RIGHTS, INCLUDING TO SUE IN COURT OR TO PURSUE A CLASS ACTION. SEE SECTION 19, BELOW.
In these Terms and Conditions:
“Administrator” means any company we engage to provide administrative services for the Program. The Program is a service of Ohana Q managed by Administrators who are solely responsible for the administrative services for the Program.
“Member” means the person identified in our records as the holder (or owner) of the Rewards Account.
“Program Website” refers to www.OhanaQ.com/rewards.
“Ohana Q,” “we,” “our,” “ours,” and “us” refer to Ohana Q and all of its affiliates and subsidiaries, or its and their assignees.
“Rewards Account” refers to the record of the visits and other offers you have earned and redeemed through the Program.
“Suppliers” mean any independent third party that we or the Administrator engages to provide services, Rewards, or other benefits for the Program.
“You” and “your” refer to any person or entity participating in the Program.
To be eligible to create a Rewards Account, participate in the Program and earn and redeem Rewards, you must be at least 18 years of age and have a valid email address and mobile phone number. A Rewards Account is unique to the individual Member holding the account and may be associated only with a single email address and mobile phone number. The same mobile phone number may not be associated with more than one Rewards Account, nor may the same email address be associated with more than one Rewards Account. The My Ohana Rewards Member must be present to earn rewards for the transaction. In addition to the rights set forth in Section 11 hereof, at Ohana Q’s sole discretion and without the necessity of notice to you, Rewards Accounts created in violation of these requirements are subject to suspension until such accounts are brought into compliance by the Member, and/or such accounts and associated Rewards may be modified by Ohana Q to bring such Rewards Accounts into compliance.
Program Members may earn and redeem rewards only at participating Ohana Q locations, which are subject to change from time to time at Ohana Q’s discretion.
ENROLLMENT AND REWARDS
You may enroll in the Program online, by sending the SMS text message “Rewards” to 650-729-9632, or when you make an eligible purchase at a participating location. Ohana Q disclaims any responsibility for the accuracy of a Member’s Rewards Account contact information. Once you have successfully enrolled in the My Ohana Rewards™ Program, you may begin earning Rewards by performing the qualifying activities described below. You will not receive credit for any activity that occurred prior to your enrollment. You may continue to earn Rewards so long as Ohana Q, in its sole discretion, determines that you are eligible for participation in the Program.
Program Rewards: This Program is a purchase based Program that allows you to earn Rewards based on the dollar amount of your eligible purchases, excluding tax, fees and tips (gratuities) at any of our participating locations. Purchases of gift card, alcohol, and any applied discounts, enrollment bonus, taxes and tip are not eligible purchase transactions, and Members will not earn reward points for those purchases.
Members visiting our participating locations may redeem their Reward as follows:
Reward discount may not be applied toward the purchase of gift cards, alcohol, taxes or tip. Reward discount may not be combined with any other coupon, offer or discount.
Only 1 unique Rewards account can be used per Guest Check.
|Reward Points Redeemed||Free Item|
|35||Any non-alcoholic beverage menu item|
|175||Free entrée menu item up to $10|
|250||Free entrée menu item up to $13|
|275||Free entrée menu item up to $15|
|325||Free entrée menu item up to $19|
ADDITIONAL REWARDS OPPORTUNITIES
From time to time we may award bonus Rewards for other activities or purchases. The terms and conditions for each award may vary, including how bonus Rewards are earned, how the activity or purchase amount eligible for bonus Rewards is determined, and when the applicable Reward expires. Any such Reward will be subject to these Terms and Conditions and any additional terms and conditions applicable to the Reward.
WHEN REWARDS ARE CREDITED
Rewards will be credited to your Rewards Account within 24-48 hours from the time they are earned.
STATEMENT OF REWARDS
Your Rewards Account will show your current Rewards balance. You may access your Rewards Account by visiting any participating location.
You must report any errors in your Rewards Account that are related to Rewards earned, adjusted or redeemed within thirty (30) days after the date the error appears on the account. We have no obligation to correct any errors reported after this 30-day period and any such corrections will be made at our sole discretion. To receive credit for a purchase, an itemized receipt or credit card payment receipt that contains the date of the visit and the total amount spent must be submitted. A Member can submit the request by sending an email to rewards@OhanaQ.com or by visiting a participating location. In order to receive credit, you must be a registered Member at the time of the visit. We will not be liable for any damages resulting from any failure to credit Rewards to your Rewards Account in a timely manner.
Members may redeem Rewards:
By visiting a participating location and identifying himself/herself as a Member to their server and asking for the server to apply the reward discount.
You can redeem a Reward only if your Rewards Account shows that you have the required number of reward points for that particular Reward. When you redeem a Reward, we will subtract the Reward points from your total accumulated balance as shown on your Rewards Account. Rewards that have not yet been credited to your Rewards Account are not available and cannot be redeemed until such time as they have been credited to your account. Members may earn only those Rewards described on the Program Website, as may change from time to time at our sole discretion. From time to time, we may send you electronic updates of current Rewards.
Birthday Reward. On your birthday (as indicated in your Rewards account), you will receive one (1) complimentary entrée of your choice (“Birthday Reward”). Your Birthday Reward may be redeemed at participating Ohana Q locations only. To qualify for your Birthday Reward, you must join My Ohana Rewards at least seven (7) days prior to your birthday and add your birthday to your member profile online. At the time you redeem your Birthday Reward, you may be required to show a government-issued photo identification that displays your name and birthdate. You must provide the phone number associated with your Rewards account at the time of redemption. Your Birthday Reward is valid only on your birthday.
All Rewards are subject to availability, have no cash value, are non-transferable, and cannot be purchased or sold for cash. Additional restrictions may apply. Ohana Q and the Administrator may alter, substitute, withdraw, change, discontinue, temporarily suspend, terminate or replace any Reward for any reason at any time without notice to you. Neither the Administrator, Suppliers, nor Ohana Q guarantees or represents that any specific Reward will be available for any particular length of time. Neither the Administrator, Suppliers, nor Ohana Q will be responsible for errors, omissions, or delays in the handling or delivery of Rewards.
Unredeemed Rewards will expire two years from the date on which they were credited to your Rewards Account. Rewards will be redeemed and/or expired on a first-in, first-out basis. Rewards have no partial or residual value. Rewards cannot be combined or reinstated, and cannot be bought, sold or transferred in any way.
TAX LIABILITY AND FEES
You will be responsible for any federal, state, or local taxes resulting from your earning or redeeming Rewards.
PROGRAM CHANGES AND TERMINATION
The Program is offered at the sole discretion of Ohana Q. We reserve the right, in our sole discretion and at any time: (a) to terminate or suspend the Program, in whole or in part; and (b) to add, delete, or otherwise change any of the Terms and Conditions, including changes to fees and charges, changes to the activities by which Rewards may be earned, and changes that may reduce or cancel the redemption value of Rewards credited but not yet redeemed. If we change the Terms and Conditions to provide Rewards for a new activity, no Rewards will be awarded for any activity that occurred prior to the effective date of the change. We may change the Terms and Conditions without prior notice to you, but the current version of the Terms and Conditions will be posted on the Program Website. By continuing to participate in the Program following any change in the Terms and Conditions, you are accepting the changes to the Terms and Conditions.
In addition, we reserve the right to terminate your participation in the Program and to invalidate all or a portion of your Rewards balance, whether or not credited to your Rewards Account (a) in the event of any abuse or fraud relating to the earning or redemption of Rewards, and/or any violation of the Terms and Conditions (including any attempt to sell, exchange, encumber or transfer Rewards); or (b) for your failure to meet eligibility requirements. We reserve the right, in our sole discretion, to determine whether termination or disqualification is appropriate. We reserve the right to deny access to your account or account history in the event your account is terminated. These rights are in addition to any other legal or equitable remedy that may be available to Ohana Q under applicable law.
You may terminate your participation in the Program at any time by contacting us at rewards@OhanaQ.com. A period of extended inactivity on a Rewards Account may result in the termination of such account. In the event we terminate the Program, your Rewards Account, or you terminate your participation in the Program, within the ninety (90) days following this event you may redeem any Rewards that have been credited to your Rewards Account, unless such Rewards have been invalidated as set forth in the preceding paragraph, in accordance with these Terms and Conditions. You will forfeit any Rewards that you do not redeem within this ninety (90) day period.
The Administrator and the Suppliers are independent contractors and are not affiliated with Ohana Q, the Administrator and Suppliers do not warrant the quality, merchantability, or fitness for a particular purpose of any Rewards you procure. Ohana Q, the Administrator, and the Suppliers will not be liable or responsible for any loss, damage or injury to property or person that may arise or result from participating in the Program, redeeming Rewards, or using Rewards or by any cause, condition or event beyond the control of Ohana Q, the Administrator or the Supplier. Ohana Q is not responsible and shall not have any liability for typographical errors and/or omissions in any Program materials. Ohana Q and the Administrator reserve the right to adjust your Rewards Account at any time to correct any incorrect Reward balance, including the right to reverse any Rewards that were credited in error and/or not legitimately earned in accordance with these Terms and Conditions. Ohana Q decisions regarding the interpretation of these Terms and Conditions and the awarding of Rewards shall be at its sole discretion, shall be final and not subject to appeal.
By using the Website, becoming a Member or redeeming a Reward, you hereby agree to release, discharge, and hold harmless Ohana Q, Administrator, Suppliers and their respective officers, directors, employees and agents (collectively, the “Released Parties”) from any and all liability for claims resulting from any acts or omissions of the Released Parties in providing or failing to provide services in connection with the Program, and from any cause, condition or event beyond the control of Ohana Q, Administrator or Supplier. You also agree to release, discharge, and hold harmless the Released Parties from all liability for any accident, injury, claims, damages, loss, expense, inconvenience or damages, arising out of: (a) your participation in, or failure to participate in, the Program, (b) the use of or defect in any Reward. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. The sole extent of Released Parties’ liability, if at all, shall not exceed the actual retail value of the Reward in dispute. You agree that any claim under these Terms and Conditions must be brought within six (6) months after the cause of action arises, or such claim or cause of action shall be barred.
USE OF THE PROGRAM WEBSITE
The Administrator operates the Program Website, which provides additional information regarding the Program. The Program Website itself is governed by separate terms and conditions. Please read those terms and conditions carefully, as they describe your rights and obligations with respect to the Program Website. Certain features or services offered on or through the Program Website require that you become a registered user, including establishing a username and password. You alone are responsible for maintaining the confidentiality of your online profile information, including your username and password, and for any and all activity that occurs with respect to your online profile. You agree to notify us immediately of any unauthorized use of your online profile, username or password, or any other breach of security. Regardless of when you notify us, you agree that we will not be liable for losses incurred by you or any other user of or visitor to the Program Website as a consequence of the use of your username, password or online profile by someone else. You agree not to use another person’s username, password or online profile at any time without the express permission and consent of that person. You agree that we are not liable for any loss or damage arising from your failure to comply with these obligations.
You may not transfer or assign your Rewards or any other Program benefits.
All registered marks, trademarks and service marks belong to their respective owners.
COMMUNICATIONS WITH YOU
We may communicate with you regarding any matter related to the Program by mail, telephone or electronic communications, including e-mails. You consent to the receipt of all Rewards, correspondence, transaction confirmations and other information from us electronically through access to the Program Website, your Rewards Account on the Program Website or the email address provided by you to us. We will not be responsible for your inability to connect to the Internet or to access the Program Website or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. From time to time we may monitor and record telephone calls for training or compliance purposes, to provide a record of your instructions or to assure the quality of our service and you hereby consent to the monitoring and recording of your telephone conversations with us. In addition, we may periodically use prerecorded voice messages or use an automatic dialing device to make calls and send text messages to any telephone number associated with your Account. You agree that we may rely on any oral and electronic instructions from you to us. You are solely responsible for updating the contact information in your Rewards Account should there be any change in your name, address (including e-mail addresses you use with us), or telephone number(s).
INFORMATION WE COLLECT AND USE
You agree that whenever you have a disagreement with us arising out of, connected to, or in any way related to the Terms and Conditions and/or Program, you will send a written notice to us (“Demand”). You agree that the requirements of this Section 19 will apply even to disagreements that may have arisen before you accepted these Terms and Conditions. You must send this Demand to the following address (the “Notice Address”): Ohana Q, LLC, 75-6129 Alii Dr., Kailua-Kona, HI 96740.
You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send this Demand. If we do not resolve this disagreement to your satisfaction within ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “AAA”). Please note that for any such filing of a demand for arbitration, you must affect proper service under the rules of the AAA, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, you may file your case with any national arbitration company. The arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005. You agree that the arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. You understand that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and you agree that it applies.
You agree that you will not file any lawsuit against us in any state or federal court. You waive any right to a trial by a jury or a state or federal judge. You agree that if you do sue us in state or federal court, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney’s fees. You agree that you will not file a class action or collective action against us, and that you will not participate in a class action or collective action against us. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms and Conditions, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or we agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
We agree that we will not file a class or collective action against you, and that we will not participate in a class or collective action against you, for any disagreement arising out of, connected to, or in any way related to these Terms and Conditions and/or Program. We agree that we will submit all disputes with you to arbitration before the Arbitrator.
Notwithstanding any other provision herein, you will not be bound by any changes we make to this Section 19 unless you are provided prior notice by mail, e-mail, text, or other direct notification and do not cancel your enrollment. If you do cancel your enrollment in the Program, you will still be bound to the most recent Terms and Conditions operative when your enrollment was active.
CHOICE OF LAW
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Member, Ohana Q and Administrator in connection with the Program and these Terms and Conditions, shall be governed by, and construed in accordance with, the laws of the State of Hawaii, without giving effect to any choice of law or conflict of law rules (whether of the State of Hawaii or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Hawaii. MEMBER HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE PROGRAM, THE GRANTING OF REWARDS AND THESE TERMS AND CONDITIONS WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
If at any time any provision of these Terms and Conditions is determined by a court of competent jurisdiction as being illegal, invalid or unenforceable in any respect, such provision will be deemed to be removed from these Terms and Conditions and replaced with a lawful provision most closely approximating the intent of the stricken provision (except as noted in Section 19); and, the illegality/invalidity/unenforceability of any stricken provision shall not affect the legality or validity or enforceability of any other provision of these Terms and Conditions (except as noted in Section 19). No delay by Ohana Q in enforcing the provisions of these Terms and Conditions in any given instance will in any way prejudice or restrict the rights of Ohana Q nor will any waiver of rights by Ohana Q in any given instance operate as a waiver of any subsequent breach by any person of any provision of these Terms and Conditions.
TO CONTACT US
To contact us about the Program, you can email us at rewards@OhanaQ.com or call us at 808-365-6171.
Last Updated: November 1, 2020