Edley’s Bar-B-Que 
Rewards Program Agreement

Effective as of April 1, 2021

Please read this Rewards Program Agreement (the “Agreement”) carefully. The terms and conditions may have changed since you last read them. By (i) clicking a button or taking another action to signify your acceptance of this agreement, (ii) registering for an account using at the point of purchase or registering using Smoker’s Club Rewards web form , (iii) agreeing to our Terms of Use Agreement, or (iv) participating in Edley's BBQ Rewards Program, you agree to the terms and conditions of this Agreement.  If you do not agree to be bound by this Agreement, you may not participate in Edley's BBQ Smokers Club Rewards Program.

1. Membership. The Edley's BBQ Rewards Program (the “Program”) is offered by Edley's Restaurant Group, LLC (“Edley's BBQ,” “we,” “us,” or “our”) to eligible individuals who enroll in the Program (“Members,” “you,” or “your”). To earn Rewards (as defined below) and receive Level Benefits (as defined below), you must be a registered member with a valid mobile phone number as your Rewards Account Number  (“Rewards Account”). 

2. Membership Requirements. If you register for an account via Edley’s BBQ point of purchase or using the Smoker’s Club Rewards web form, you must maintain 50 reward points to maintain your Smoker’s Club Insider status.

3. Program Calendar Period. Your Edley’s Smoker’s Club Rewards program points accumulate from January 1 through June 30 and renews on July 1 to December 31 of each calendar year. Unused points beyond 50 points will not be transferred to the following program calendar period.

Individuals who are 21 years or older and residents of the 50 United States and the District of Columbia may enroll to become Members. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account are eligible to participate in the Program; third party aggregators, groups, organizations, and business entities are not eligible to become Members or earn Rewards or Level Benefits.

If you would like to become a new Member, you must enroll in the Program by (a) enrolling at the point of purchase (b) registering for the Program through the Smoker’s Club Rewards web form by submitting the requested information, and (c) accepting this Agreement pursuant to one of the methods set forth in the introductory paragraph above. Edley's BBQ reserves the right to delay enrollment until your membership eligibility is confirmed.

Your membership is non-transferable and you may only have one (1) membership at a time.  If we discover that you have multiple memberships in the Program, you will be deemed to be in violation of this Agreement and we reserve the right to terminate all such accounts in accordance with Section 6.

2. Qualifying Orders and Spend. Subject to the exclusions, terms, and conditions listed in this Section 2 and Section 3, once enrolled in the Program, if you place an Edley's BBQ order for food and/or beverages through any store at the point of purchase or Edley's BBQ’s website online ordering form (“Qualifying Order”), you will earn Rewards and Level Benefits based on the U.S. dollar amount that you pay for such order at Edley's BBQ, excluding tax, tips, donations, discounts, delivery fees, purchases made with a Reward or Level Benefits, or other promotional credit or forms of Edley's BBQ-provided compensation (“Qualifying Spend”). 

Orders made directly through third party food delivery platforms recognized by our point of purchase at the time the order is made  (e.g. Doordash, GrubHub, UberEats, Postmates, etc.) do not count as a Qualifying Orders and will not generate Qualifying Spend or count towards Rewards or Smoker’s Club Benefits.

Orders placed by or on behalf of third party aggregators, groups, organizations, and business entities will not generate Qualifying Spend or count towards Rewards or Smoker’s Club Benefits.  Edley's BBQ reserves the right to delay, suspend, recalculate, reduce or revoke any Qualifying Spend, Rewards, Smoker’s Club Status achievements, or Smoker’s Club Benefits that Edley's BBQ suspects are connected with such orders.

All purchases made through a Member’s account will be treated as activity of the Member, regardless of any other name listed on the order (e.g. different name on the method of payment, delivery recipient, etc.).

Your Qualifying Spend is non-transferable and cannot be combined with the Qualifying Spend of other Members.

Purchases made before becoming a Member will not be counted as Qualifying Spend.

Purchases of gift cards will not generate Qualifying Spend. 

The portion of any purchases made through the redemption of Rewards and Smoker’s Club Benefits will not generate Qualifying Spend.

The calculation of Qualifying Spend is also subject to the terms and conditions set forth in Section 6.

3. Rewards. Once we record $50 of Qualifying Spend for your account, a 5 pts reward will be issued to your account and thereafter 1 pt for every $4 Qualifying Spend (“Reward”) will be issued and credited to your account. Unless otherwise specified, Rewards expire every 6 months after the date of issue.

Your Qualifying Spend must be made within the 182.5-day period beginning on the Program Calendar Period (“Reward Earning Period”). After 182.5  days, if you have not made enough Qualifying Spend to earn a Reward, for the purposes of earning a Reward, all Qualifying Spend will be deleted from your account and the next Reward Earning Period will restart.  If within 182.5 day period you have made enough Qualifying Spend to earn a Reward, Edley's BBQ will issue your Reward, any Qualifying Spend you have made in excess of 50 pts  will be credited towards the next Reward Earning Period, and the Reward Earning Period will restart beginning on the date that your Reward was issued.

Rewards are also subject to the terms and conditions set forth in Section 6.

4. Membership Levels. There are three levels of membership – Insider level, The Smoker’s level, Chain Smoker level (“Membership Status”).

When you become a Member, you are automatically enrolled at the Insider level. The following table sets forth the cumulative amount of Qualifying Spend you must make in order to achieve a Level Status:

You will increase your Level Status based on all Qualifying Orders you have made within the last 182.5 days from the Program Calendar Period.  Once you achieve a Level Status, you will not decrease in Level Status for 182.5 days (but you may still increase your Level Status at any time by making additional Qualifying Orders).  On the day after your most recent Level Status achievement expires, your Level Status will be recalculated based on your Qualifying Orders within the preceding 182.5 days in the Program Calendar Period.

For illustration, if you enroll in the Program on April 1, 2021, make $225 of Qualifying Spend by May 1, 2021, make $120 of Qualifying Spend on May 30, 2021, and make $500 of Qualifying Spend on June 18, 2021, and spend no more afterwards, you will have achieved the following Level Status on the following dates:

From time to time, Edley's BBQ may elect, at its sole discretion, to confer Insider, The Smokers or Chain Smoker Level Status upon some Members based on criteria other than the Qualifying Spend levels described in this section.

We will notify you when your Level Status changes or you are selected for a new Level Status.

5. Membership Level Benefits. Each Level Status includes certain benefits as set forth below (“Level Benefits”), which may be changed by Edley's BBQ at any time in its sole discretion.

Level Benefits are subject to the following terms and conditions, as well as, those set forth in Section 6:

• Rollover Benefits: When a member’s total Qualifying Spend progresses to the next Membership Status, that member’s unused Level Benefits rolls over to their new Membership Status. 

• Birthday Treat: On or around your birthday, we will send an email to the address connected to your Membership  that contains an invitation to claim your Birthday treat with a Qualified Purchase. When placing an order in-store or online, simply mention your Insider’s membership and mention your birthday treat email message.

• You must redeem your Birthday Treat reward within 14 days of Edley's BBQ sending such an email. The Birthday Treat  will be redeemable on your account at the point of purchase system in any Edley’s location, and you then have a total of seven (7 )days before your actual birthday and seven (7) days from such date to use it. Birthday Treats  will only be issued in years when you have achieved Insider, Level Status at least 14 days prior to your birthday.

• Invitation to Edley's Bi-Annual Pitmaster Smoker Nights: The type, timing, location and other details regarding access to Edley’s Bi-Annual Pitmaster Smoker Nights are determined at the sole discretion of Edley's BBQ.  Edley's BBQ does not guarantee a physical event will be organized in your area. In some cases access to a digital special may constitute this reward.

• Edley's BBQ Skip The Line Service: Upon obtaining Chain Smoker Level Status, you will receive access to Edley's BBQ’s skip the line service, simply ask any of our Edley's BBQ’s team to assist you with your order and a table (if you’re dining in). . 

• Merchandise  Items: Merchandise items may vary from time to time and will be selected at the sole discretion of Edley's BBQ. The approximate retail value of the merchandise items range from $45 - $300.  The merchandise items carry no warranty other than that offered by the manufacturer. Edley's BBQ has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any merchandise item, including but not limited to its quality, mechanical conditions, or fitness for a particular purpose.

• In-Restaurant Benefits: In-restaurant items such as half-price draft beers or $5 Bushwackers on Mondays and an extra side with any order during unique in-store dine in visits can be redeemed during multiple in-store visits and once every visit, within the 182.5 days or the Program Calendar Period.

  6. Additional Terms. Rewards and Level Benefit credits can only be redeemed for orders placed with Edley's BBQ through the point of purchase system in any Edley’s BBQ location or Edley's BBQ’s website at 

Edley’s BBQ East Nashville - https://www.toasttab.com/edleys-bbq-east-nashville/v3
Edley’s BBQ 12th South - https://www.toasttab.com/edleys-bbq-12-south/v3
Edley’s BBQ Sylvan Park - https://www.toasttab.com/edleys-bbq-sylvan-park/v3
Edley’s BBQ Chattanooga - https://www.toasttab.com/edleys-bbq-chattanooga/v3

7. Rewards and Level Benefit credits cannot be redeemed through any third party platforms. Rewards and Level Benefit credits may only be applied for Edley's BBQ food and/or beverage items and cannot be used to pay for merchandise, tips, gift certificates, or delivery fees, unless otherwise specified in the Level Benefits.

Edley’s BBQ will keep Members informed about your Membership status and Level Benefits through email, SMS message or at the point of purchase in any Edley’s store location.

Rewards and Level Benefit credits will be redeemed in an order selected by Edley's BBQ in its sole discretion, as further described in Section 7.

Edley's BBQ reserves the right to restrict the use of Rewards and Level Benefit credits in combination with other discounts and promotions.

The Reward and Level Benefit credit amount redeemed may not exceed the amount of the order purchase price.  If a full Reward or Level Benefit credit is not used when redeemed, the remaining balance will be available for use in a future order, subject to the expiration periods described herein. Once fully redeemed, the Reward or Level Benefit credit will be recorded as a redeemed Reward or Level Benefit credit in your Edley's BBQ account. Reward and Level Benefit credit status information is available in your Edley's BBQ account. Rewards and Level Benefit credits cannot be applied to prior purchases. Redeemed Rewards and Level Benefit credits are non-refundable and under no circumstances are Rewards or Level Benefit credits redeemable for cash or cash-equivalents.

Qualifying Spend, Rewards, Level Status, and Level Benefits are automatically tracked and allocated to each Member’s account by Edley's BBQ or our service providers and our decisions and records regarding such calculations and benefits will be final and binding in all respects. Qualifying Spend, Rewards, Level Status, and Level Benefits are subject to verification. Any Qualifying Spend, Rewards, Level Status, and Level Benefit that cannot be verified to the satisfaction of Edley's BBQ is subject to adjustment, cancellation or disqualification at our sole discretion.

Edley's BBQ will not be liable for the failure of any Qualifying Spend, Rewards, Level Status, or Level Benefits to be accurately credited or awarded for any reason, including, but not limited to, (i) any failure of the point of purchase or online ordering systems; (ii) any technical malfunction or other problems relating to any network, computer system, servers, access providers, computer equipment or software; (iii) your failure to timely claim any Rewards or credit prior to the end of any expiration periods described herein and/or (iv) any combination of the foregoing.  Edley's BBQ does not issue retroactive Qualifying Spend for any reason (e.g.  if you forget your mobile device or forget to login to your account or use the App when ordering, you will not earn Qualifying Spend for your order).

Rewards and Level Benefits are promotional in nature and have no cash value and are not exchangeable for cash or any cash equivalent under any circumstances. Rewards and Level Benefits have no value outside of this Program.

Rewards and Level Benefits cannot be assigned, exchanged, sold, traded, bartered, purchased, given by gift or otherwise transferred. Any Rewards and Level Benefits so acquired are void. Rewards cannot be redeemed for gift cards, cash, or gift certificates.  The accumulation of Rewards or any Level Benefits does not entitle the Member to any vested rights, and Edley's BBQ does not guarantee in any way the continued availability of any Reward, Level Status or Level Benefit.

Rewards and Level Benefits credits ordinarily expire at or about the same time of day on their respective expiration dates as the time of day when they were issued to your account.  Edley's BBQ’s designated computer clock is the official timekeeping device for all expirations.

Please allow up to three (3) business days for Qualifying Spend, Rewards, Level Status, and Level Benefits to update in your account.  If more than three (3) business days have passed, please contact us SmokersClub@EdleysBBQ.com 

Edley's BBQ reserves the right, in our sole and absolute discretion, to (i) suspend or terminate a Member’s account at any time for any reason or (ii) invalidate any Qualifying Spend, Rewards, Level Status, and Level Benefit we deem to have been awarded in error, or as the result of the use of an account to make orders by or on behalf of a third party aggregator, group, organization, or business entity or any actual or suspected fraudulent or dishonest activity (including without limitation, the use of any system, macro, script, or bot to manipulate the Program).  Reasons for account suspension or termination or benefit invalidation may include, without limitation, disorderly personal conduct at a Edley's BBQ event which actually or potentially harms any Edley's BBQ Parties or any third party, violations of law, or any other activity not in keeping with the letter and/or spirit of this Agreement, as interpreted by us in our sole and absolute discretion. If your account has been suspended or terminated, you forfeit any accumulated Qualifying Spend, Rewards, Level Status, and Level Benefits and are prohibited from registering for a new account without the prior written permission of Edley's BBQ.

Edley's BBQ is not liable for Rewards or Level Benefits sent to suspended, or terminated accounts.

1. Redemption Order of Priority. We reserve the right in our sole discretion to determine the order in which Rewards and Level Benefit credits are applied to transactions and their priority to promotional codes, gift cards, or other payment credits that are associated with your account. We cannot guarantee that the Rewards or credits 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 Rewards and Level Benefit credits.

2. E-mail Communications. By participating in the Program, you agree to receive e-mail communications from Edley's BBQ regarding the Program, including without limitation, communications regarding your Qualifying Spend, Rewards, and membership level status; incentives; promotions and events; new products; Reward expiration notifications; and commercial messages which may be of interest to you. To unsubscribe from Edley's BBQ’s commercial e-mail list, use the unsubscribe link in any commercial e-mail message you receive. If you request to unsubscribe, you may still receive administrative or transactional e-mails from time to time regarding your account and updates to this Agreement.

3. Program Termination/Modification. Edley's BBQ may terminate the Program at any time, with or without notice, which may result in loss of accumulated Qualifying Spend and the cancellation of all Rewards and other benefits and privileges associated with the Program. Edley's BBQ reserves the right to modify any of the rules, terms, conditions, and benefits of the Program at its sole discretion, with or without notice. Interpretation of this Agreement shall be at the sole discretion of Edley's BBQ, whose decision will be final. 

4. Change to Your Account Information. You must advise Edley's BBQ of any change in your name or the address, phone number and/or email address associated with your account. Name, address, email and phone number changes can be made via the Customer Preference Center.  Edley's BBQ is not liable for Rewards or Level Benefits sent to outdated contact information.

5. Miscellaneous. Any disputes related to this Agreement and the subject matter herein will be resolved pursuant to the terms of Edley's BBQ’s Terms of Use Agreement. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign or transfer this Agreement, or its rights or obligations herein, in whole or in part without the written consent of Edley's BBQ. Edley's BBQ may freely assign or transfer this Agreement. Any assignment or transfer in violation of the foregoing is void. This Agreement is the final, complete and exclusive agreement between you and Edley's BBQ with respect to the subject matters hereof and supersedes and merges any discussions between you and Edley's BBQ with respect to such subject matters.