QUIZNOS TOASTY POINTS APPLICATION 

 This Quiznos Toasty Points Application (the “App”) is offered by The Quizno’s Master LLC and/or its subsidiaries, licensees, and affiliated companies (“Quiznos”, “we”, or “us”). These Terms and Conditions (“Terms and Conditions”) apply only to this App and the Rewards Program (as defined below) offered herein, and not to any other website, mobile app, product, service, or program offered by us. These Terms of Use are a legal and binding agreement between you and Quiznos governing your use of this App, which includes its content, information, services, and features.  

Please read these Terms and Conditions, which apply to your use of this App and enrollment and participation in our Rewards Program. If you do not agree to these terms, then do not use this App or participate in the Regards Program. 

 Modifications

 We may modify these Terms and Conditions from time to time. When we do, we will notify you by email or otherwise as required under applicable law. It is therefore very important that you update your account information or notify us when your email address changes. Any changes to these Terms and Conditions will also be posted here. Your continued use of the App or participation in the Rewards Program after any modification confirms your acceptance to the modifications. 

Additionally, Quiznos may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App. 

Content & Use 

This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the "Content") are owned by or licensed to Quiznos and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Quiznos grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content. You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Quiznos may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law. 

Rewards Program 

Quiznos offers the Toasty Points Rewards Program (the "Rewards Program") to reward and thank our loyal restaurant customers. The Rewards Program is available to enrolled members at participating Quiznos restaurants in Canada. Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.

 Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the Canada; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program. 

The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. 

Enrollment/Rewards Account:  

You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways: 

Click http://www.quiznos.com/toastypoints to create a Rewards Account; 

Visit the Quiznos website located at www.quiznos.com;

 or Through your Facebook account using the App.  

Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account. 

 As a part of the Rewards Program, Quiznos will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.

Qualifying Purchases: Members will earn and receive 1 point per $1 pre-tax spent at participating Quiznos restaurants in the United States. You will not earn a point towards an earned Reward if you spend less than a total of $1 pre-tax in one transaction at a participating Quiznos restaurant in the United States. To receive points for a qualified purchase: 1) scan the bar code on the receipt using the App; 2) enter the bar code on the receipt manually to the App; or 3) use a QR code scanner at the register from your purchase with the built-in QR Code in the App. After this verification, the point(s) to which you are entitled will be applied to your Rewards Account. You can track the 1 point per $1 pre-tax spent and Rewards you have already earned and that you may earn in the future by logging into your Rewards Account History or using the App.

Social Media Sharing: You can also receive extra point(s) for every friend you refer using e-mail, SMS or FaceBook who joins our Rewards Program, starts earning points, and uses your invite code provided in the App. Your extra points will not be awarded until the referred member enrolls in the Rewards Program and earns their first point. You can also share your Quiznos experience on your personal Facebook page through the App. You have the option to make your comment public, but please note that by making your comment public, we may use your comment on the Quiznos website, Facebook page, and/or other social media outlets.

Rewards: By accumulating point(s) in your Rewards Account, you may redeem points for Quiznos products including a fountain drink, chips or submarine sandwich (a "Reward") at participating Quiznos restaurants in the United States. You may only redeem one Reward per visit regardless of the number of points or Rewards you have earned in your Rewards Account. You may choose to accumulate points without selecting a Reward; however, if you select a Reward, the Reward will be valid for 30 days.

Additional Rewards Program Terms: Quiznos reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Quiznos may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. Quiznos also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for 90 days. Inactive is defined as no Rewards earned.

Quiznos has the right at any time, with or without giving you prior notice, to:

 • end or cancel the Rewards Program and/or any specific Reward;

 • change any Reward or other Rewards Program benefit we offer;

 • change the requirements for earning a particular Reward; 

• change the time you have in which to earn a particular Reward; and/or

 • change any other feature of the Rewards Program. 

If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.

Login and Registration

Certain features or services offered on or through this App may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Quiznos immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Quiznos or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential. 

You may not use anyone else’s account or login information. Quiznos shall not be liable for any loss or damage arising from your failure to comply with these obligations.

No Warranties  

THIS APP, THE CONTENT, AND THE REWARDS PROGRAMS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND QUIZNOS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, QUIZNOS DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. QUIZNOS RESTAURANTS INDEPENDENTLY OWNED AND OPERATED BY FRANCHISE OWNERS THAT OPERATE THE RESTAURANTS PURSUANT TO FRANCHISE AGREEMENTS BETWEEN THE FRANCHISE OWNERS AND QUIZNOS OR ITS AFFILIATES ARE NOT AFFILIATES OF QUIZNOS. THE FRANCHISEE THAT OWNS AND OPERATES A QUIZNOS RESTAURANT MAY CHOOSE TO NOT PARTICIPATE IN THE REWARDS PROGRAM. QUIZNOS WILL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY FRANCHISE OWNER AND NO FRANCHISE OWNER MAY INCUR LIABILITIES OR OBLIGATIONS ON BEHALF OF QUIZNOS OR ITS AFFILIATES.

Limitations of Liability

IN NO EVENT SHALL QUIZNOS OR ANY OF ITS AFFILIATED COMPANIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS OR AUTHORIZED AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO QUIZNOS FRANCHISEES, FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE REWARDS PROGRAM, OR THESE TERMS OF USE, WHETHER OR NOT ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Electronic Communications

When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.

International Users

This App is controlled, operated, and administered by Quiznos from offices within the United States of America. We make no representation regarding use of this App outside of the United States. You may not use this App or export any portion of it in violation of U.S. export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws.

Governing Law/Venue

This App is governed by and subject to the laws of the State of Colorado, USA and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree that all controversies, disputes, or claims between Quiznos (and its affiliates, their respective shareholders, members, officers, directors, agents, and/or employees) and you arising out of or related to any disputes arising out of these Terms and Conditions, the App, or the Rewards Program must be submitted for binding arbitration, on demand of either party, to the American Arbitration Association. The arbitration proceedings will be conducted by one arbitrator and, except as this Section otherwise provides, according to the then-current Commercial Arbitration Rules of the American Arbitration Association. All proceedings will be conducted at a suitable location chosen by the arbitrator in or within 50 miles of our then-current principal place of business (currently, Denver, Colorado). All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. Sections 1 et seq.). Judgment upon the arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding this provision, you agree that Quiznos may apply for injunctive or other equitable relief in any court of competent jurisdiction.

Privacy

Please review our Privacy Policy located at www.quiznos.com/About/Privacy-Policy.aspx (the “Privacy Policy”), which is incorporated herein and also governs your use of this App, to understand Quiznos privacy practices.

All or any of Quiznos’ rights and obligations hereunder may be assigned to an affiliated entity or to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Quiznos’ or its affiliated entity’s assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Quiznos’ failure to act with respect to a breach by you or others does not waive any right to act with respect to that breach or subsequent or similar breaches.

Questions

If you have any questions regarding the App, the Rewards Program, and/or these Terms and Conditions, you can contact us at: www.quiznos.com/About/Contact-Us.asp

Last Updated

Terms and Conditions last updated on 11/10/2016

Copyright © 2016 The Quizno’s Master LLC. All rights reserved.