Lobster Loot
Program Terms and Conditions

Effective Date: 12/1/2023

 

PLEASE READ THE FOLLOWING TERMS & CONDITIONS (the “Program Terms”) CAREFULLY. Mason’s Lobster Franchising, LLC and its affiliates (hereinafter, “we”, “us”, “our”, “Mason’s Famous Lobster Rolls”) provide the Lobster Loot Program (the “Program”). By enrolling in the Program, you agree to be bound by and acknowledge that you have read, understand, and consent to these and all terms of the Mason’s Famous Lobster Rolls Terms of Use and Privacy Policy, which are included on this site. We require that all users of the Program adhere to and comply with the following Program Terms. If you do not agree to these Terms, you are not authorized to use the Program. In the event there is any conflict among these Program Terms, the Privacy Policy, and the Terms of Use, these Program Terms will govern.

ELIGIBILITY

The Lobster Loot Program allows participating members (“Members”) to earn and redeem Points (“Points”) and other rewards (“Rewards”) online and at participating Mason’s Famous Lobster Rolls restaurant locations. Membership is free and available to any individual who: (a) is of legal age; (b) is a legal resident of the United States; (c) resides in a jurisdiction which legally permits participation in the Program; (d) provides valid and accurate personal information when enrolling in the Program; and (e) has not been previously terminated from the Program.

 

The Program is not targeted towards, nor intended for use by, anyone under the age of 18.

 

Members are responsible for reading and understanding the Program rules, and other communications from us about the Program to understand their rights, responsibilities, and status in the Program. Member Points and Rewards are personal to each Member, may not be sold, transferred, assigned or shared, and may not be used by Members for any commercial purposes. Points are not divisible in the case of divorce. Accumulated Points are promotional and have no cash value. If a Member voids a purchase or requests a refund on an eligible purchase Mason’s Famous Lobster Rolls will deduct the Points and/or Rewards associated with that purchase from the Member’s account.

 

For more information on the Program, please visit our website at www.masonslobster.com.

ENROLLING IN THE PROGRAM

To become a Member of the Program, you must enroll in person at one of our participating Mason’s Famous Lobster Rolls restaurants, through our Mason’s Famous Lobster Rolls mobile app (the “App”), or through our website at www.masonslobster.com. By enrolling in the Program, you certify that you meet the eligibility requirements and that the information you provide at the time of enrollment is accurate. There is no cost or fee to enroll in or participate in the Program.

 

To enroll in the Program, you must provide us with your name, mobile phone number, address, email address, and any other information that we request. You will be required to select a password for use with the Program according to the password requirements shown on the Program website. In addition, you will be required to select a “favorite store.” This information is required in order for you to receive the benefits of the Program and to interact with the Program website. All information provided by Members, whether by enrolling in or by otherwise participating in the Program, is subject to the Mason’s Famous Lobster Rolls Privacy Policy.

 

We reserve the right to limit Program participation and enrollment at any time. We may request additional or different information from you from time to time and this information must be provided in order to enroll and/or continue in the Program, as applicable. Limit one email address per person per membership in the Program. You are responsible for providing true and accurate information and to ensure that the information in your account profile remains updated. Program communications will be made using the information in your account profile. We are not responsible for your inability to receive or redeem Rewards, or other Member benefits, or any loss arising from your failure to provide and maintain accurate contact information in your profile.

 

To enroll in the Program, you must provide us with your name, mobile phone number, address, email address, and any other information that we request. You will be required to select a password for use with the Program according to the password requirements shown on the Program website. In addition, you will be required to select a “favorite store.” This information is required in order for you to receive the benefits of the Program and to interact with the Program website. All information provided by Members, whether by enrolling in or by otherwise participating in the Program, is subject to the Mason’s Famous Lobster Rolls Privacy Policy.

 

We reserve the right to limit Program participation and enrollment at any time. We may request additional or different information from you from time to time and this information must be provided in order to enroll and/or continue in the Program, as applicable. Limit one email address per person per membership in the Program. You are responsible for providing true and accurate information and to ensure that the information in your account profile remains updated. Program communications will be made using the information in your account profile. We are not responsible for your inability to receive or redeem Rewards, or other Member benefits, or any loss arising from your failure to provide and maintain accurate contact information in your profile.

EARNING POINTS

As a Member of the Program, you will earn two (2) Points for every U.S. Dollar (USD$1) spent toward eligible food and beverages purchased at participating Mason’s Famous Lobster Rolls restaurants or online. In order for you to earn Points for in-person purchases at participating Mason’s Famous Lobster Rolls restaurants, you must provide the phone number, email, membership account code or other requested identifying information associated with your account profile to the Mason’s Famous Lobster Rolls server or team member at checkout and prior to payment. In order for you to earn Points for online purchases or through the App, you must log in to your member account prior to completing the purchase transaction. Eligible purchases exclude purchases made with third-party ordering services, catering orders, Mason’s Famous Lobster Rolls gift card purchases, service fees, comps, tips and promotions. We may from time to time, in our sole discretion, provide additional opportunities for you to earn Points, but are not obligated to do so.

 

In addition to earning Points for purchases as set forth above, you may also earn Points if you refer a new member to the Program who makes a purchase at a participating Mason’s Famous Lobster Rolls Restaurant. In order to earn Points for a referral, you must make the referral through the App or our website, https://masonslobster.appfront.app/, and provide all information required, including the referral’s phone number and/or email address. After you submit this information, the referral will receive a text and/or email from us prompting the referral to download our App and enroll in the Program. If the referral enrolls in the Program and makes a purchase at a participating Mason’s Famous Lobster Rolls Restaurant, you will earn 200 points upon that first purchase. In the event the referral does enroll in the Program in accordance with the foregoing, or make a purchase at a participating Mason’s Famous Lobster Rolls Restaurant, you will not be entitled to any Points under this paragraph. You will not receive any other Points, Rewards or benefits in connection with a new referral. However, there is no limit to the number of referrals you may refer to the Program and we will award you 200 Points for each referral who satisfies the foregoing conditions. Notwithstanding the foregoing, in the event your account or the Program is terminated for any reason, we will not be obligated to award any Points to you after the date of such termination.

 

You may login to your account at any time to view your account, profile information, Point balance, earned Points and Rewards. Points will be credited to your account upon completion of a qualifying purchase. In certain cases, it may take up to 48 hours or more after a qualifying purchase for Points to appear in your account. We shall not be responsible for, or liable to, any Member, person, or entity, in any way for any losses, costs or expenses incurred by any delay or error in crediting Points or calculating Rewards or in connection with the Program. We will not be liable for the failure of any Points and/or Rewards to be captured or recorded for any reason, including, but not limited to, (i) any failure of the Website or the App; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; and/or (iii) any combination of the above.

REWARDS

We may from time to time in our sole discretion provide exclusively to Members certain Rewards. The terms and conditions applicable to any such Rewards will be determined by us in our sole discretion and communicated to participants in conjunction with any such Rewards. Because any terms and conditions associated with any Rewards under the Program may be different from or in addition to provisions of these Program Terms, you should read any such special Reward terms and conditions carefully before participating in any special Reward. Rewards may be awarded in the form of additional Points to your account or through the issuance of coupons or other promotions. Reward coupons may be sent to you through the App or through the email address furnished by you at the time of enrollment (or as subsequently changed by you).

 

POINTS AND REWARD REDEMPTION

You may redeem Points and Rewards online or in-person at participating Mason’s Famous Lobster Rolls restaurants. To redeem Points or Rewards for in-person purchases at participating Mason’s Famous Lobster Rolls restaurants, you must provide the phone number, email, membership account code or other requested identifying information associated with your account profile to the Mason’s Famous Lobster Rolls server or team member at checkout and prior to payment. To redeem Points or Rewards for online purchases or through the App, you must log in to your member account prior to completing the purchase transaction.

 

Only one (1) Reward may be redeemed per guest check and no more than one (1) Reward may be redeemed per Member, per visit. Each reward is for one-time use only. Rewards and Points may not be used toward the purchase of gift cards, retail merchandise, alcohol or service fees. Rewards and Points may not be redeemed in conjunction with any other promotional offer, Reward or discount and cannot be used in connection with third-party takeout or delivery services, as well as catering and/or banquet services and fees. You are solely responsible for all costs, fees and expenses incurred by you in redeeming Points You are also solely responsible for any and all income and local, state, provincial and deferral taxes on any Rewards, Points or value received.

POINTS AND REWARDS EXPIRATION

Points expire one (1) year after the date they are earned. Rewards expire sixty (60) days after the date they are transmitted to you or any other date which may be stated in connection with the Reward or on any coupons, whichever is earlier. Unredeemed Points and Rewards will remain in your account until you use them, they expire, you cancel your account, or the Program is terminated, whichever occurs first. All Rewards are subject to availability at the time of redemption request. We may make certain Rewards available only while quantities and supplies last. Coupons have no cash value.

PROGRAM COMMUNICATIONS

By participating in the Program, you opt in to receive Program communications which include, but are not limited to: marketing communications including rewards and promotions as well as information regarding events and various other marketing materials via email about the Program or our restaurant locations. It is your sole responsibility to keep your email address and other information updated and accurate. Consent to receive Program related communications electronically will continue to be valid until the you revoke consent by terminating membership in the Program. You may choose at any time to opt out of receiving transactional Program communications that contain marketing messages by unsubscribing or changing your email preferences by logging into your online account.

 

If we offer text messaging in connection with the Program, you may elect, in your sole discretion, to receive (or to decline to receive) such text messages from us. By agreeing to receive such text messages, you authorize us, our subsidiaries and other affiliates, and third-party contractors to send you text messages, to the mobile phone number that you designate, regarding the Program and other Mason’s Famous Lobster Rolls topics of interest. These may include pre-recorded or autodialed and promotional messages. You are not required to agree to receive text messages to participate in the Program. You can unsubscribe to any text messaging service that may be offered by Mason’s Famous Lobster Rolls by texting “Stop” to us at any time. If you unsubscribe, you understand that we may send you one last text confirming our receipt of your request. No purchase is necessary to opt in to receiving text messages. Text message and data charges may apply.

MEMBER TERMINATION

You may cancel your Program membership at any time through our website www.masonslobster.com or through the App. Upon cancellation of your Program membership, Mason’s Famous Lobster Rolls will de-activate your account and you will automatically forfeit any Points or Rewards that you may have earned.

 

We may, in our sole discretion, suspend, cancel, or combine Member accounts that appear duplicative. We may, in our sole discretion, terminate, suspend (either temporarily or permanently) or deactivate your membership in the Program if we determines, in our sole discretion, that you have violated the Program’s Terms and Conditions, misused or abused the Program, acted fraudulently or in violation of the law in any way, or acted in a manner contrary to our interests. Upon your death or if we file for bankruptcy, your account will be closed and any Rewards or Points in your account will be forfeited to extent allowable under applicable law. If we terminate your account, your earned Points and any Rewards will be immediately and automatically forfeited. We reserve the right to terminate the Program as a whole at any time. If we terminate the Program, we may, in our sole discretion, allow you to redeem any outstanding valid and unexpired Points and/or Rewards at participating locations.

 

Mason’s Famous Lobster Rolls employees are not allowed to participate in the Program. Accounts created by employees are subject to immediate closure and/or deletion.

 

We shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Terms and Conditions, and any decision we make relating to suspension, deactivation, or termination of any membership (including but not limited to cancellation of Points or Rewards) or the Program as a whole shall be final and binding. Should you object to any of these Terms and Conditions, subsequent changes or modifications to the Terms and Conditions, or become dissatisfied with the Program or any of Mason’s Famous Lobster Rolls decisions about the Program, your sole remedy is to discontinue participation in the Program through appropriate termination of your account.

UNAUTHORIZED USE

We are not responsible for the unauthorized use of your account or the App. In the event your account or the App is stolen or compromised, and any Points or Rewards are used or redeemed, you must promptly inform us, and we may, at our discretion, investigate and determine what remedy, if any, may be available.

CHANGES TO PROGRAM

We reserve the right, in our sole discretion, at any time and without notice to you: (1) to change Program benefits or adjust the way Points or Rewards are received, calculated, or redeemed, including Point value or expiration dates for Rewards or Points; (2) to make modifications to, or terminate, discontinue, or cancel the Program, or merge it with a new or different loyalty and/or rewards program. Any changes or modifications become effective immediately upon posting revisions to these Terms and Conditions. You waive any right you have to any notice of such changes or modifications. It is your responsibility to periodically review these Program Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Program Terms by your continued use of the Program after the date such revised Program Terms are posted.

 

Your participation in the Program confirms your acceptance of these Terms and Conditions and such changes or modifications. You should review these Terms and Conditions, the App and our website (including any applicable FAQs or other guidelines) frequently to understand the terms that apply to the Program. If you do not agree to these Terms and Conditions or any changes or modifications to these Terms and Conditions, you must stop participating in the Program.

 

By enrolling and/or participating in the Program, you agree to abide by these rules and regulations.

ARBITRATION PROVISION

Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court or to participate in a class action. Using or accessing the Program, providing your information, and/or your use of any Mason’s Famous Lobster Rolls service or product constitutes your acceptance of this Arbitration provision.

 

Except for disputes that qualify for small claims court, or suits in court to enjoin infringement or another misuse of intellectual property rights, any dispute or claim (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) relating in any way to these Program Terms, your participation in any SMS mobile alert or similar text message-based program, and/or your use of any Mason’s Famous Lobster Rolls website, App, or any other Mason’s Famous Lobster Rolls service or product, including Mason’s Famous Lobster Rolls’ promotions or communications, will be resolved on an individual basis in final binding arbitration before a neutral arbitrator, rather than in court.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator’s decision will follow the terms of these Program Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Program Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Program Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

 

You agree that Mason’s Famous Lobster Rolls and you are each waiving the right to sue in court (except for small claims court or for suits to enjoin infringement or another misuse of intellectual property rights) and to have a trial by a jury. You agree that any arbitration will take place on an individual basis. Class, consolidated, or representative actions are not permitted.

 

This arbitration provision will be governed and construed under the laws of the United States, including the Federal Arbitration Act, and the laws of Maryland as applicable.

LIMITATION OF LIABILITY

By registering for and participating in the Program, you agree that, to the fullest extent permitted by law, none of Mason’s Famous Lobster Rolls and its parent company, subsidiaries, affiliates and its and their respective directors, officers, shareholders, employees, agents and franchisees and the respective parent companies, subsidiaries, directors, officers, employees, and agents of such franchisees (the “Mason’s Famous Lobster Rolls Parties”) shall be liable to you for: (1) any claim, loss, injury, damage, delay, accident, cost or expense, including legal fees, arising out of or related to the Program, these Program Terms, or the Mason’s Famous Lobster Rolls website or mobile App; (2) any incidental, indirect, special, punitive, exemplary or consequential damages, arising out of or related to the Program, these Program Terms, or the Mason’s Famous Lobster Rolls website or mobile App, (3) any failure, delay or decision by the Mason’s Famous Lobster Rolls and More Parties in administering the Program; (4) any use of your Program account by a party that you did not authorize to use your Program account; (5) any representation, claim, or statement we make about the Program; and (6) your use and acceptance of any Points or Rewards you earn and/or receive through the Program. You further agree that in no event will Mason’s Famous Lobster Rolls be liable to you for more than $50 in the aggregate on account of all wrongful acts or omissions by Mason’s Famous Lobster Rolls arising out of or relating to the Program, these

 

Program Terms, or the Mason’s Famous Lobster Rolls website or mobile App.

NO WARRANTIES

Mason’s Famous Lobster Rolls makes no warranty of any kind regarding the Program, the website or the mobile App, all of which are provided on an “As-Is” and “as available” basis. Mason’s Famous Lobster Rolls does not represent or warrant as to the accuracy or completeness of the information posted on its website regarding the Program or otherwise, or that the website or mobile app will be available to you 100% of the time.

ENTIRE AGREEMENT

These Program Terms and other documents incorporated by reference into these Program Terms, constitute the entire agreement between the parties and set out all the covenants, promises, warranties, representations, conditions and agreements between the parties in connection with the subject matter of these Program Terms and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, pre-contractual or otherwise. There are no covenants, promises, warranties, representations, conditions or other agreements, whether oral or written, pre-contractual or otherwise, express, implied or collateral, whether statutory or otherwise, between the parties in connection with the subject matter of these Program Terms except as specifically outlined in these Program Terms and any agreements or documents incorporated by reference into these Program Terms.

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