Acceptance of Terms
Special terms may apply to some Features offered through the Online Services, or to any sweepstakes, contests, games, promotions, Programs (as defined below), or activities that may be offered through the Online Services (collectively, the “Activities”) as posted in connection with the applicable Activity. By entering or participating in an Activity you will become subject to those terms or rules in addition to these Terms. In the event of a conflict, any such special terms or rules shall prevail over these Terms.
Modifications to these Terms
We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Online Services, along with the date on which it was most recently revised as indicated by the “Last Revised” heading at the top of these Terms. Your continued access to and/or use of the Online Services after any such modifications constitute your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly for updates. Please contact us as provided in the Contact Us section below if you would like information regarding any modifications. If any modifications to these Terms is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms and the remaining provisions.
When you use the Online Services or send e-mails to Krispy Kreme, you are communicating with us electronically, and You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Online Services. 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.
Permitted Users of Online Services
The Online Services are directed to persons 13 years of age or older. The utilize certain Features such as online ordering, fundraising, and contests and promotions, you must be 18 years of age or older.
The Online Services and all content, information, and other materials featured, displayed, contained, or available through the Online Services, including, without limitation, text, graphics, logos, icons, images, photographs, pictures, audio, software, “look and feel”, pages, screens, content arrangements, video clips, designs, illustrations, and layouts (“Content”) are owned by and proprietary to Krispy Kreme and/or its licensors. Krispy Kreme grants you a non-exclusive, non-transferable, revocable, personal, limited right and license to access and use the Online Services, Features, and Content solely for your personal, non-commercial use and strictly in accordance with these Terms. You shall not, directly or indirectly, reproduce, duplicate, modify, copy, sell, resell, distribute, transmit, license, modify, create derivative works from, or exploit for any commercial purpose any portion of the Online Services, Features, Content, Activities, or Programs.
You agree to use the Online Services, Features, Content, Activities, and Programs in accordance with these Terms and all applicable laws and regulations. Any use not expressly permitted by these Terms is prohibited, constitutes a breach of these Terms, and automatically terminates the license granted to you hereunder to access and use the Online Services, Features, Content, Activities, and Programs.
Prohibited User Conduct; Restrictions on Use
You may not use the Online Services for any purpose that: (a) is prohibited by the Terms; (b) violates any applicable law; (c) causes damage on or through the Online Services; (d) infringes upon the rights of any person or entity; (e) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent or otherwise objectionable; (f) results in the commercial resale of Krispy Kreme products without the prior written consent of Krispy Kreme; or (g) actually affects or interrupts or attempts to affect or interrupt operation of the Online Services.
You agree not to:
- modify, adapt, translate, or reverse engineer any portion of the Online Services, Features, or Content;
- use the Online Services, Features, or Content for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- use the Online Services or Features in any way that could disrupt, damage, disable, overburden, or impair such or systems, servers, or networks utilized to provide the Online Services and Features;
- frame or mirror any portion or feature of the Online Services or Content;
- use the Online Services , Features, or Content for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Online Services, Features, or Content; (2) reproduce or circumvent the navigational structure or presentation of the Online Services, Features, or Content; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Online Services;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Online Services or with any other person’s use or enjoyment of the Online Services;
- transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
- circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Krispy Kreme;
- forge headers or otherwise manipulate identifiers;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
- submit or post any false or misleading information;
- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Krispy Kreme, or any other person or entity; and/or
- engage in any other action that, in the sole judgment of Krispy Kreme, exposes it or any third party to potential liability or detriment of any type.
Without limiting any of Krispy Kreme’s rights and remedies, Krispy Kreme reserves the right to prohibit access, use, conduct, communications, or content that Krispy Kreme, in its sole discretion, deems to be inappropriate or harmful to the Online Services, Features, Content, Activities, Programs, users, Krispy Kreme, the Krispy Kreme brand, or any other person or entity, or that violates these Terms and/or applicable law.
User Materials; Submissions
User Materials: The Online Services may contain blogs, chat areas, forums, comments, rankings, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with other Online Services users or Krispy Kreme, and/or to post to or make available through the Online Services user content and materials (collectively, “User Materials”). Krispy Kreme does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Krispy Kreme be liable in any way for any User Materials.
You acknowledge that Krispy Kreme may or may not pre-screen User Materials, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete, and/or move any User Materials that are available via the Online Services, and Krispy Kreme shall have no liability to you or any other user arising from such actions or inactions.
You understand that by using the Online Services, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any User Materials.
By making a Submission, you represent and warrant that (a) your Submission is true, accurate, and not misleading; (b) you own all right, title, and interest, including copyright, to your Submission or otherwise have all releases, licenses, consents, and rights necessary to use, post, distribute, or transmit your Submission and grant Krispy Kreme the rights to utilize your Submissions as permitted herein; (c) Krispy Kreme will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (d) the Submission is your own original work and accurately reflects your views; (e) your Submission does not include the trade secret or confidential information of others, and does not infringe, misappropriate, or violate any person or entity’s rights, including intellectual property and privacy rights; and (f) the Submission complies with these Terms and all applicable laws.
You agree that you will evaluate and bear all risks associated with your Submission. Submissions may be available to Online Services users and to users of other websites and services.
By making a Submission, you grant Krispy Kreme and its affiliates, licensees, assignees, and designees an irrevocable, unrestricted, assignable, transferable, sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to use, disclose, copy, transmit, distribute, reformat, reproduce, modify, incorporate, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display, and otherwise use your Submission, along with your name or any part thereof, your city/town/village of residency, photograph, voice, likeness, and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes (including, without limitation, in marketing, advertising, and promotions) without compensation or attribution to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission. You hereby waive any right to inspect or approve any such use by Krispy Kreme. Additionally, you waive, release, and hold Krispy Kreme and its affiliates, licensees, assignees, and designees harmless from and against any and all claims and liabilities arising from Krispy Kreme’s use of your Submission as permitted herein, whether based on privacy, publicity, defamation, misappropriation, intellectual property, or otherwise. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission.
Program Terms and User Accounts
The Online Services are made available to provide information about Krispy Kreme, and to provide products, services, promotions, and programs offered by or on behalf of Krispy Kreme, all in the United States (the “Program(s)”). Some Programs are provided through the use of third-party suppliers and service providers. If you join, enroll, register, pre-register, or otherwise take part in a Program or set up an account for a Program, you agree to be bound by the terms and conditions of the Program, in addition to these Terms, and all terms incorporated by reference. Krispy Kreme may discontinue, or change from time to time, any Program, including any Program terms, without prior notice. Some Program options are only available if you utilize corresponding program features.
User Accounts: Programs may require that you set up an account with Krispy Kreme. You may be able to, or may be required to, use an account you have set up for one Program, for additional or all other Programs offered by Krispy Kreme. If you choose to, or are required to, set up a single account for multiple Programs, that account will control your access and use to all such underlying Programs, and any suspension, cancellation, termination, unenrollment, or other deactivation of your account may prevent you from accessing and/or using all or other underlying Programs. When you set up an account under any Program, you may be required to choose a user name and password. You may also be able to access your account(s) and/or create an account through third party authorization method(s) (for example, a social media account). You may have the ability to choose to have portions of your account information accessible by third parties (for example, in connection with your use of third party services, such as an electronic wallet). You may have the ability to interact with your account through third party services (for example, third party voice assist services or third party order processing services). The third party‘s terms and conditions apply as more fully described under Third Party Content, Products and Services (including Advertising and Promotions) section below. All information provided by you must be complete and accurate. If your information changes, you should promptly update your account. If you use the same user name and password for different accounts, the account information from the various Programs may be combined. If you make a change in your account information for one Program there may be an automatic corresponding change to your account information for another Program. Your Program member account(s), username(s), and password(s) are for your personal use only. You may have the ability to choose to have your credit card, Krispy Kreme gift card, and/or other payment methods associated with your account(s). You are responsible for maintaining the confidentiality of, and are responsible for all activities that occur under, your Program account(s), username(s) and password(s), and any other information that may be used to access your account(s). If you believe your account(s) have been compromised, please immediately contact our Customer Support at email@example.com and take immediate action to de-activate or change your account(s), passwords, information, and/or credentials. You agree to notify Krispy Kreme immediately of any unauthorized access to or use of your account, or any other breach of security. You may be held liable for losses incurred by Krispy Kreme or any other user or visitor due to someone else using your account as a result of your failing to keep your login information secure and confidential. You authorize Krispy Kreme to act on instructions received through use of your account, and Krispy Kreme is not liable for any loss or damage arising from your failure to comply with these Terms. Neither Krispy Kreme nor any franchisee or supplier is responsible for undeliverable, lost, returned, or misdirected emails or other correspondence related to your account(s), or for use of any Program or account(s) without your permission. Krispy Kreme does not represent or warrant that any Program account will always be accessible or accepted. Without notice to you, Krispy Kreme reserves the right, without any liability to you, to suspend and/or terminate your account(s) and/or your participation in any Program for any reason in its sole discretion, including, without limitation, if Krispy Kreme determines in its sole discretion that you have violated these Terms or the applicable Program terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Krispy Kreme may, in its sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel, or combine accounts that appear to be duplicative.
Krispy Kreme Mobile App: In order to access and use the Online Services made available through the Krispy Kreme Mobile Application (“the App”) you must have a compatible mobile device; Krispy Kreme does not warrant that the App will be compatible with your mobile device.
If you access the App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms against you. However, these third-party beneficiaries are not a party to these Terms and are not responsible for the provision or support of the App. You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the App.
Digital Payment “My Card”: Your account that you can access through www.krispykreme.com and through the App allows you to load funds onto a Krispy Kreme Digital Payment “My Card” for use at participating Krispy Kreme locations, and may be available for use with other Features and Programs such as mobile ordering or delivery. Certain products available on the Online Services, as determined solely by Krispy Kreme, such as purchasing gift cards, collectibles, and merchandise, will not be available to purchase via the Digital Payment “My Card”. In no event will you be permitted to purchase gift cards through the Online Services or at a location with the Digital Payment “My Card”. To load funds to your Krispy Kreme Digital Payment “My Card”, sign into your account on www.krispykreme.com or the App, then open your card and enter a dollar amount and available payment method. You may also transfer the value from a Krispy Kreme gift card onto the Digital Payment “My Card” by following the instructions to do so. Once the value of a Krispy Kreme gift card is transferred to the Digital Payment “My Card”, the Krispy Kreme gift card will no longer have the value. The dollar value that you load onto your Krispy Kreme Digital Payment “My Card” is a prepayment redeemable solely for the goods and services of participating Krispy Kreme locations. To use the Krispy Kreme Digital Payment “My Card” at a participating Krispy Kreme location, you must be logged into the App, have it present at the point of purchase, and follow the instructions on using the Digital Payment “My Card” within the App at the location. You will not be able to use the Digital Payment “My Card” by accessing your account at a location via a lookup function (such as through your email address or phone number). Krispy Kreme may place a limit on the maximum balance of funds that can be stored on the Digital Payment “My Card”, which limit Krispy Kreme may set and modify from time to time in its sole discretion. Krispy Kreme offers the Krispy Kreme Digital Payment “My Card” to make it more convenient for you to purchase our products. We have no liability for any temporary inability to access funds loaded to a Krispy Kreme Digital Payment “My Card” for any reason, including, but not limited to, connectivity failures, problems with your mobile phone or other device, temporary issues with our service providers, or any other reason. Unless otherwise required by law, the dollar value on your Krispy Kreme Digital Payment “My Card” is nonrefundable and may not be redeemed for cash nor via a credit back to a credit card or gift card, including the credit card or gift card from which such funds were originally loaded. However, upon your request, Krispy Kreme may allow unused balances on a digital gift card accessible via the App to be transferred to a physical Krispy Kreme gift card that you may use to make future purchases of Krispy Kreme products and services or provide to a donee of your choice.
Krispy Kreme Rewards Program: The Krispy Kreme Rewards program (“Krispy Kreme Rewards”) is a Program operated by Krispy Kreme and subject to the following additional terms and conditions (the “Reward Terms”).
Scope of Reward Terms. These Reward Terms apply to your access to, and participation in, the Krispy Kreme Rewards program (“Krispy Kreme Rewards”) which is operated by Krispy Kreme in the fifty (50) states and the District of Columbia. Krispy Kreme Rewards is not available in Puerto Rico. These Reward Terms do not alter in any way the terms or conditions of any other agreement you may have with Krispy Kreme for other products and services. Participating in the Krispy Kreme Rewards confirms your acceptance of these Reward Terms and any change or modification to these Reward Terms. If you do not agree to the Reward Terms or any future modification of the Reward Terms, you must stop participating in Krispy Kreme Rewards.
Eligibility. You must be at least 13 years old to enroll and participate in Krispy Kreme Rewards. If you are between 13 and 18 years old, you may enroll and participate in Krispy Kreme Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Reward Terms.
How to Enroll.
- In Store: You may pre-enroll in Krispy Kreme Rewards at participating Krispy Kreme stores by following the instructions provide by Krispy Kreme employees or instructions posted in the store. A Krispy Kreme employee or instructions posted in the store will direct you to steps to complete enrollment at www.krispykreme.com or through the App. You will NOT be able to redeem Rewards until your enrollment is complete.
- The App: Download the App to your Android™ or iPhone® device and follow the prompts to create or activate a Krispy Kreme Rewards account.
- Website: Go to www.krispykreme.com and follow the prompts to enroll in Krispy Kreme Rewards online.
Communications with you will be made using contact information most recently provided by you. Krispy Kreme is not responsible for your inability to receive Credits or redeem Rewards based on your failure to provide and maintain accurate contact information.
You acknowledge and agree that Krispy Kreme may send messages from time to time using the contact information you provide to Krispy Kreme. Such messages may include Krispy Kreme Reward Terms updates, Krispy Kreme Rewards notifications, system updates, flash bulletins, Reward confirmations, administrative announcements, special requests and the like and may be sent by notifications through the App, by e-mail or regular mail.
Credits and Rewards Defined: Krispy Kreme Rewards is one way in which Krispy Kreme rewards and thanks loyal customers for patronizing our business. Members of Krispy Kreme Rewards obtain and accumulate “Credits” that can be redeemed for Krispy Kreme Rewards benefits, also known as “Rewards,” at participating Krispy Kreme stores in the U.S. and the District of Columbia. Not all stores have the ability to award Credits or honor Rewards.
Qualifying Purchases: Once enrolled in Krispy Kreme Rewards, Credits will be posted to your Rewards account automatically when you make a qualifying purchase using one of the following methods:
- make a qualifying purchase through the App;
- make a qualifying purchase in a participating Krispy Kreme store and identify yourself as a Rewards member at the point of sale. To verify that you are a Rewards member, the employee may ask for your name and telephone number, email address or the App for scanning; or
- make a qualifying purchase online at www.krispykreme.com through your Krispy Kreme Rewards account.
Credits can also be posted to your account if you manually log a qualifying purchase into your Krispy Kreme Rewards account following the instructions printed on your receipt. You have thirty (30) days from the date of purchase to manually log a qualifying purchase into your Krispy Kreme Rewards account.
The number of Credits you are awarded is based on what and how much you purchase.
|1 Doughnut (any flavor does not include doughnut holes)
||1 Doughnut Credit
|1 Brewed Coffee (Hot or cold)
||1 Brewed Coffee Credit
|1 Specialty Coffee Beverage (hot or cold)
||1 Specialty Coffee Beverage Credit
|1 Dozen Doughnuts (any flavor, does not include doughnut holes)
||1 Dozen Doughnuts Credit
Purchases made in connection with a fundraiser are not eligible for Credits.
Generally, Credits for qualifying purchases are added to your account within twenty-four (24) hours. From time to time, we, or others acting with our permission, may offer you special promotions that offer you “Bonus Credits.” Bonus Credits will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
Credit Expiration. Credits in your account will expire automatically if your Rewards account is inactive for 365 consecutive dates. Your Rewards account is inactive in any period during which no valid Credits are posted to your Rewards account based on qualifying purchases.
Redeeming Rewards. When your Krispy Kreme Reward account indicates that you have accumulated 12 Credits in a given category, you are eligible to redeem those 12 Credits for a Reward of 1 item from that category. For example:
- 12 Doughnut Credits can be redeemed for a Reward of 1 Doughnut;
- 12 Brewed Coffee Credits can be redeemed for a Reward of 1 Brewed Coffee;
- 12 Specialty Coffee Beverage Credits can be redeemed for a Reward of 1 Specialty Coffee Beverage; and
- 12 Dozen Doughnut Credits can be redeemed for a Reward of 1 Dozen Doughnuts.
Rewards can also be redeemed based on Bonus Credits as set forth in connection with terms and conditions of the promotional offer through which you were awarded the Bonus Credits.
To redeem a Reward, you must present the valid Reward in the App at a participating Krispy Kreme store (for in-person transactions) or be logged into your Krispy Kreme Rewards account (for in App/online transactions). Rewards are subject to availability and restrictions and limitations that may be imposed by Krispy Kreme.
Once redeemed, the Reward will be indicated as redeemed in your Krispy Kreme Rewards account. Updates to the status of Rewards may take 24-48 hours or more to show up in your account. A list of current Rewards and redeemed and expired Rewards are available under your Krispy Kreme Rewards account.
Reward Expiration. Rewards earned through the accumulation of Credits expire 90 days after they first become eligible to redeem. Rewards earned through Bonus Credits expire in accordance with the terms and conditions for the promotional offer through which the Bonus Credits were awarded.
Tracking Credits and Rewards. You can view and track your Credits and available Rewards on www.krispykreme.com or through the App.
Krispy Kreme reserves the right to change the benefits, the number of Credits it takes to receive a Reward and the Reward itself in its sole discretion at any time. Krispy Kreme reserves the right to limit or restrict the redemption of specific Rewards and limit the number of Rewards available.
Personalized Rewards or Credits. Special promotions may be distributed by email, notification through the App, or by physical mail. By enrolling in the Krispy Kreme Rewards Program, you agree to receive promotional and marketing offers from Krispy Kreme and may be required to provide a valid email, telephone and physical address in order to receive your special offers. Special Rewards may be customized based on purchase behaviors and preferences. Special Rewards may include periodic discounts on doughnuts, beverages and merchandise, or the opportunity to earn Bonus Credits. Special Rewards may have certain restrictions including expiration dates and short, time-limited redemption periods. Special Rewards are personal to you and cannot be shared, copied or transferred. Read each promotion carefully for specific details, expiration dates, limitations and restrictions, and to learn when Bonus Credits may be awarded to your account.
Credits and Rewards are Promotional. Your participation in the Krispy Kreme Rewards is personal and non-transferable. Credits and Rewards may not be purchased, sold, bartered, brokered or otherwise transferred. There are no fees associated with Krispy Kreme Rewards. All Credits, Bonus Credits, and Rewards offered through Krispy Kreme Rewards are purely promotional in nature, have no cash value and are not redeemable for cash, gift certificates or gift cards. You agree that no portion of your payment for any product or service constitutes consideration paid for any Credit or Reward.
Cancellation and Termination.
By You: You may cancel your Krispy Kreme Rewards account at any time and for any reason by deleting the account. If you cancel your account, any accrued Credits and/or unredeemed Rewards will expire automatically. If you re-enroll in Krispy Kreme Rewards at a later time, you will start with zero Credits and zero Rewards, unless a special promotion grants you Credits or Rewards at the time of re-enrollment.
By Krispy Kreme:
Your Account: Without prior notice to you, Krispy Kreme reserves the right to suspend and/or terminate your account and/or your participation in Krispy Kreme Rewards if Krispy Kreme determines in its sole discretion that you have violated these Reward Terms, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Krispy Kreme may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Krispy Kreme Rewards is terminated, then all accumulated Credits and Rewards in your account are void.
Without notice to you, Krispy Kreme also reserves the right to cancel your account and make ineligible for Krispy Kreme Rewards any Krispy Kreme Rewards account that has been inactive for two (2) consecutive years, i.e. 730 consecutive days. Your account is inactive during any period in which no Credits have posted to your account based on qualifying purchases. In the event that your Krispy Kreme Rewards account is cancelled, any accumulated Credits and Rewards in your account are void.
Krispy Kreme Rewards shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Reward Terms and any decision it makes relating to termination or disabling of Krispy Kreme Rewards (including, but not limited to, cancellation of Rewards) shall be final and binding. Should you object to the Reward Terms, or any subsequent modifications thereto, or become dissatisfied with Krispy Kreme Rewards, your sole remedy is to discontinue participation in Krispy Kreme Rewards and properly cancel your account in the manner provided above.
The Krispy Kreme Rewards Program. Krispy Kreme reserves the right to terminate Krispy Kreme Rewards, or any or all benefits under Krispy Kreme Rewards, at any time, for any reason. In the event Krispy Kreme elects to terminate Krispy Kreme Rewards, Krispy Kreme will provide a notice of termination in accordance with these Reward Terms, as they may be modified or amended from time to time without prior notice and at Krispy Kreme’s sole discretion.
Upon termination of the Krispy Kreme Rewards, all accumulated Credits will expire automatically. In the event of termination, at Krispy Kreme’s election, Krispy Kreme may allow you to redeem any outstanding valid and unexpired Rewards at a participating Krispy Kreme store until expiration of such Rewards; provided, however, that ANY UNREDEEMED AND UNEXPIRED REWARDS SHALL BE CANCELLED AT THE LATER OF (1) THE EXPIRATION OF THE THEN-CURRENT REWARDS OR (2) NINETY (90) DAYS AFTER KRISPY KREME PROVIDES NOTICE OF TERMINATION OF THE KRISPY KREME REWARDS PROGRAM.
Krispy Kreme has no obligation to refund you for any unredeemed Rewards following cancellation of your account or suspension or termination of Krispy Kreme Rewards.
Mobile Ordering: Krispy Kreme may make available to you the ability to order online from our participating Krispy Kreme stores. These Terms apply only to orders placed through the Online Services. Minimum order amounts may apply. Any applicable delivery fees, taxes, and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Online Services. You are responsible for payment of your order by means of a payment option made available through the Online Services at the time of ordering. Krispy Kreme uses third party providers for mobile ordering and may accept various third party services to process payments. The Krispy Kreme store identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons, and other offers may not be able to be combined with online ordering. Every participating Krispy Kreme store may not have all menu items identified through the Online Services. The Online Services may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information of any kind. Additional details and terms regarding mobile ordering may be provided when you place your order. You may be able to, or you may be required to, use your Krispy Kreme online account (or sign up for an account) in connection with online ordering, in which case all applicable terms and conditions related to the Programs offered with a Krispy Kreme account will also apply.
Delivery: Delivery may be available at participating Krispy Kreme stores in the U.S. Not all Krispy Kreme stores offer delivery services and, if delivery is available, it may be available in a limited geographic area and subject to varying charges and fees. Delivery hours may be limited and may vary. Krispy Kreme stores that offer delivery may also offer an order tracking system available via the App on your mobile phone. Data usage or other similar fees charged by your mobile carrier may apply. Delivery orders may require a minimum order of a certain amount, which may vary by location. In most cases, the minimum order amount will be exclusive of taxes and any delivery charges that may apply and vary by store. A delivery charge is not a tip or gratuity provided to the driver. Orders must be placed through the designated Online Services with an approved method of payment. Additional details and terms regarding delivery may be provided when you place your order.
Third Party Content, Products and Services (including Advertising and Promotions)
Krispy Kreme may provide third party content on the Online Services (including embedded content) and links to web pages and content of third parties, including Krispy Kreme branded, co-branded and/or our franchisee(s)' content, web pages, and/or social media sites (collectively, “Third Party Content”). Krispy Kreme may also make certain Online Services, Features, Content, Activities, and Programs available to you through your use of services of third parties, such as Google, Facebook and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third party sites/services govern such third party site/services, including, without limitation, use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or services. Krispy Kreme does not control, endorse or adopt any Third Party Content or service, including the advertisements or promotions of any third party, and the inclusion of any link to and/or reference to Third Party Content or availability of third party service in connection with use of any of the Krispy Kreme Online Services does not imply Krispy Kreme’s endorsement, affiliation, or adoption of such Third Party Content or service, and Krispy Kreme makes no guarantee as to accuracy, completeness, reliability or suitability thereof for your purposes. You agree to comply with all applicable laws, regulations, and terms applicable to your use of any such third party services (for example, if you use Google voice assist services, you agree to comply with its terms of service). You acknowledge and agree that Krispy Kreme is not responsible or liable in any manner for Third Party Content or services.
Franchised Stores: Krispy Kreme franchised stores are independently owned and operated by franchisees under licenses from Krispy Kreme Doughnut Corporation. Nothing contained in these Terms, the licenses granted to the franchisees, nor arising from the conduct of the parties, is intended to make either Krispy Kreme Doughnut Corporation or its franchisees a general or special agent, joint venturer, partner or employee of the other for any purpose whatsoever. Krispy Kreme in no way authorizes, endorses, or approves of Krispy Kreme franchisees maintaining separate websites apart from www.krispykreme.com, and Krispy Kreme does not confirm the accuracy of any information on any such sites. Krispy Kreme shall not be obligated or liable for any damages to any person, entity, or property arising directly or indirectly out of the operations of a Krispy Kreme franchised store, including their involvement in any of the Online Services, Features, Content, Activities, or Programs.
Ownership of Online Services and Intellectual Property
You acknowledge and agree that, as between Krispy Kreme and you, all right, title and interest in and to the Online Services, Features, Content, Activities, and Programs, including, without limitation, any patents, copyrights, trademarks, trade secrets, inventions, know how, or any other intellectual property rights (the “Intellectual Property”), are owned exclusively by Krispy Kreme or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. You agree that you will not modify, decompile, disassemble, reverse engineer, or create derivative works of the Intellectual Property or any portion thereof. Your use of the Online Services does not create, and nothing contained in the Online Services shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in any Intellectual Property rights of Krispy Kreme or its licensors. You are strictly prohibited from using any Intellectual Property except as expressly provided in these Terms.
Copyright: All Content is the property of Krispy Kreme or its licensors and content suppliers and protected by U.S. and international copyright laws. Krispy Kreme grants you permission to download one copy of the Content onto one computer for your personal, non-commercial home use only, provided you do not delete or alter any copyright, trademark or other proprietary notices. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, publication, display, performance, or commercial exploitation of any Content, is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names, and trade dress used on the Online Services and in connection with the Activities and Programs (the “Trademarks”) are proprietary to Krispy Kreme or its licensors. The absence of a trademark notice or legend indicating the registration or ownership by Krispy Kreme or its licensors anywhere in the text of the Online Services does not constitute a waiver of Krispy Kreme or its licensors trademark or other intellectual property rights. Krispy Kreme does not permit any person or entity to use the Trademarks in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without Krispy Kreme’s prior express written permission. Any third-party names or trademarks referenced in the Online Services do not constitute or imply any affiliation, endorsement, or recommendation by Krispy Kreme of the third parties, or by the third parties of Krispy Kreme.
Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
Krispy Kreme may, in its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied on a Online Services in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Krispy Kreme’s Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Online Services (providing URL(s) in the body of an email is the best way to help Krispy Kreme locate content quickly);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner’s behalf.
All Notices must be sent to Krispy Kreme’s Copyright Agent at Krispy Kreme Doughnut Corporation, Attention: Legal Department, 370 Knollwood Street, Winston-Salem, North Carolina 27103.
THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KRISPY KREME AND ITS AFFILIATES, SUBSIDIARIES, PARENTS, LICENSORS, LICENSEES, FRANCHISEES, VENDORS, SUPPLIERS, AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS) AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, PARENTS, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING (“KRISPY KREME PARTIES”), DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW.
YOUR USE OF THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS IS AT YOUR RISK. If you are dissatisfied with the Online Services, the Features, Content, Activities, or Programs in any way, or these Terms, your sole and exclusive remedy is to discontinue accessing and using the Online Services.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that your access to and use of the Online Services and provision of Submissions are free of viruses or other harmful code.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE KRISPY KREME PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, INCLUDING, ACCESS, USE, INABILITY TO USE, OR PERFORMANCE THEREOF. IN NO EVENT SHALL THE KRISPY KREME PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY RELATING TO THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF THE KRISPY KREME PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED 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.
Exclusions and Limitations: Because some jurisdictions do not allow for certain limitations with respect to duration or disclaimer of warranties, or exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If it is finally determined by a court of law or an arbitrator that has competent jurisdiction over the matter that the limitation of liability set forth in this Section 13 does not apply to you, then you agree that the Krispy Kreme Parties’ total liability in the aggregate for any claims made by you or any third party on your behalf, whether in contract, warranty, or tort (including negligence whether active, passive, or imputed), products liability, strict liability, or other theory, arising out of or in any way relating to these Terms, the Online Services, Features, Content, Activities, and Programs shall not exceed one hundred dollars ($100.00).
THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND YOUR USE OF THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS. ABSENT SUCH LIMITATIONS, KRISPY KREME WOULD NOT PROVIDE YOU WITH THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS.
Notice to California Residents
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of the Online Services is Krispy Kreme Doughnut Corporation, 370 Knollwood Street, Winston-Salem, North Carolina, 27103, (336) 725-2981. Complaints regarding the Online Services or requests to receive further information regarding use of the Online Services may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
Modifications / Suspension / Termination
Krispy Kreme may at any time, for any reason, in whole or in part, and without notice or liability to you: (a) modify, interrupt, restrict, limit, suspend, discontinue, or terminate operation of or access to the Online Services, Features, Content, Activities, or Programs; (b) change, revise, or modify the Online Services, Features, Content, Activities, or Programs; and/or (c) terminate your authorization to access and use the Online Services, Features, Content, Activities, or Programs.
You agree that Krispy Kreme will not be liable to you or to any third party for any modification, suspension, discontinuance, or termination of the Online Services, Features, Content, Activities, or Programs.
You should retain copies of your Submissions that you may want to save and not rely on the Online Services to preserve your Submissions
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE KRISPY KREME PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, AND COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (A) YOUR SUBMISSIONS AND ACCOUNTS, (B) YOUR ACTIVITIES IN CONNECTION WITH THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS; OR (C) YOUR BREACH OF ANY OF THE TERMS.
Solely Intended for United States Users
The information on all of the Online Services is solely for use and access by persons residing in the United States, its territories, and possessions (the “US”). Krispy Kreme controls and operates the Online Services from offices located in the United States and makes no representations or warranties that the Online Services, Features, Content, Activities, or Programs are appropriate or available for use or access in any location outside of the US. Anyone using or accessing the Online Services from outside the US does so on their own risk and are responsible for compliance with all applicable laws and regulations, including, without limitation, US and international export control laws and regulations.
Wavier of Rights, Dispute Resolution; Governing Law
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT WAIVES OR LIMITS YOUR RIGHTS. REMEMBER THAT USE OF THE ONLINE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS, INCLUDING THE PROVISIONS RELATING TO ARBITRATION, GOVERNING LAW, AND DISPUTE RESOLUTION.
Waiver of Certain Type of Actions: You acknowledge and agree to waive the following rights in connection with the Online Services:
- THE RIGHT TO HAVE THE LAW OF ANY JURISDICTION, OTHER THAN THAT OF THE STATE OF NORTH CAROLINA, U.S.A, APPLY TO A DISPUTE OR ACTION BETWEEN YOU AND KRISPY KREME.
- THE RIGHT TO HAVE A JURY TRIAL.
- THE RIGHT TO BRING A COURT ACTION FOR MOST DISPUTES BETWEEN YOU AND KRISPY KREME.
- THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, INCLUDING AS A CLASS REPRESENTATIVE OR CLASS MEMBER.
- THE RIGHT TO JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON.
- THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION.
To the extent that the foregoing waivers or any portion thereof is found to be unenforceable, and if such a finding allows for your claims to brought on non-individual, class action, collective action, representative, or private attorney general basis, you and Krispy Kreme agree that such actions will not be decided in arbitration and must be litigated in a civil court. You irrevocably agree that the federal and state courts located in or for Forsyth County, North Carolina, U.S.A., are the sole and exclusive forum and venue for any dispute litigated in a civil court, as the most convenient and appropriate to address any disputes, and you agree to submit to the exclusive jurisdiction and venue of such courts.
Equitable Relief: Notwithstanding anything to the contrary in this Section, Krispy Kreme may seek equitable relief against you, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, in any court of competent jurisdiction.
Krispy Kreme shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, severe weather conditions, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor, or materials.
If any provision of these Terms is held to be illegal, invalid, void, or unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of these Terms and the remaining provisions. The failure of Krispy Kreme to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Krispy Kreme’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify these Terms. Only a specific, written waiver of any of the provisions of these Terms, signed by the Chief Executive Officer of Krispy Kreme, shall have any legal effect. You may not assign or transfer any of your rights or obligations under these Terms, in any way, whether by operation of law or otherwise. All of Krispy Kreme's rights and obligations under these Terms are freely assignable and transferable for any reason, including, without limitation, in connection with a merger, acquisition, reorganization, corporate transaction, sale of assets, by operation of law, or otherwise.
Headings contained in these Terms are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in these Terms.
If you have any questions about these Terms or the Online Services, please contact us at email@example.com.