TERMS & CONDITIONS

Capers Rewards Terms and Conditions 

 

IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. 

 

BY PARTICIPATING IN THE CAPERS REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THIS PROGRAM. 

 

These Terms and Conditions (the "Agreement") govern your use of the My Capers Rewards Program ("Program”) to receive benefits for or communications about offers at Capers Eat & Drink. Your use of the Program ("Membership") subjects you to the provisions of this Agreement, the terms of which may be amended from time to time by Capers in our sole discretion and without notice to you. Any changes to this Agreement will be posted to  CapersTermsandConditions and shall become effective as of the date on which they are posted. You understand that you are waiving any right to receive special notice of any such modifications. 

 

This Program is intended for personal use only. Commercial use is strictly prohibited. Any information about you collected by Capers through your participation in the Program shall be subject to our Privacy Policy and general Terms and Conditions. The Privacy Policy provides more information on how Capers collects, uses, and shares your personal information. Please note that the Program is not directed to children under the age of 18, and you understand that you must be at least 18 years old to participate in the Program. This Agreement is separate from and does not affect any other terms and conditions you may have agreed to with Capers. 

  

ENROLLING IN THE PROGRAM 

To enroll in the Program, Guests can visit www.caperseatanddrink.com/rewards to complete enrollment. All Guests who desire to join the Program must accept this Agreement and any other terms disclosed in writing at the time of enrollment.  

 

When registering your account, you may need to provide information such as your name, email address, a username and password, phone number, date of birth, and/or marketing preferences. All enrollment information provided must be truthful, accurate and complete. Capers reserves the right to block enrollment and/or cancel certain benefits should you provide inaccurate information. 

  

PROGRAM BENEFITS 

The Program offers Members certain benefits. (“Benefits” Benefits may be subject to additional terms and conditions set forth in the Benefit. 

 

A.     Standard Benefits. By joining the Program, you will receive a free dessert during your birthday month. (a “Benefit”). Benefits are only available at Capers Eat and Drink and require a spend of at least Five U.S. Dollars ($5.00) on food or beverage (excluding taxes, tips, or donations). 

 

B.     Bonus Benefits. Provided you have opted-in to receive offers, you may receive certain personalized bonus Benefits from time to time. These may include free or discounted menu items, or other ways we choose to thank our best Guests.  

  

CLAIMING BENEFITS 

Unless otherwise specified, Benefits can only be claimed at Capers. You may receive Benefits via one or a combination of email, or text message. Follow the instructions associated with the Benefit in order to claim it. 

 

BENEFITS GUIDELINES 

The Program is subject to the additional terms and conditions outlined below: 

 

A.     Please note that Benefits (i) are non-transferable and may not be shared with others, (ii) have no cash value, (iii) may not be purchased, and (iv) are not redeemable for cash under any circumstance unless required by law. 

 

B.      You are permitted to have only one Caper’s account that is personal to you. If multiple accounts are created, we may cancel or deactivate your Membership in the Program and/or refuse to allow re-enrollment in the Program. 

 

C.      Accumulated Benefits do not constitute property of the Member, nor are accumulated Benefits transferable by the Member upon death or as part of a domestic relations matter or otherwise. Benefits of the Program may be taxable to the Member where required by law. 

 

D.     A Benefit may not be redeemed in the same transaction in which it was issued or earned. Benefits are redeemable for future use only, subject to the terms described in this Agreement. Some Benefits are offered for a limited time only. Check the relevant Benefit for expiration details. 

  

MEMBERSHIP ELIGIBILITY 

You may be eligible to enroll in the Program if you meet the following criteria: 

 

A.     You are a legal resident of one of the fifty (50) United States; 

 

B.     You are at least 18 years of age (or the applicable age of majority) at the time of enrollment; 

 

C.     You have an active e-mail address; and 

 

D.      You have an active telephone number. 

 

Benefits earned as part of the Program are valid only at Capers in Campbell.

Once enrolled in the Program, you may be asked to utilize usernames, passwords, and/or other codes or devices to gain access to restricted areas of the Member website https://www.caperseatanddrink.com/rewards You agree to submit and maintain accurate information, and remain responsible for the use and protection of your own login credentials. You can modify your account information at any time.

  

COMMUNICATION 

By enrolling in the Program, you may receive Rewards communications through various channels, including but not limited to, e-mail, or SMS. You have the choice to opt-in to receive certain SMS communications at the time you enroll in the Program; however, you agree to receive other advertising, marketing materials and other communications from us as a result of enrollment in the Program, unless expressly disallowed as a profile preference. Capers Eat and Drink disclaims all liability for any correspondence, e-mail, or SMS communications that might be lost, delayed or misdirected. 

Unsubscribe from receiving further marketing emails by clicking on the "unsubscribe" link in any Program or Benefit emails.  

 

TEXT MESSAGE TERMS 

By checking the box when you provide your mobile phone number, you consent to receive marketing and promotional text messages via automated technology (e.g., automatic telephone dialing system) from Capers at the mobile phone number provided. You understand that consent to receive text messages is not a condition of purchasing any property, goods, or services. Message frequency may vary.  Message and data rates may apply. Capers will not charge you for sending or receiving text messages. Charges, if any, for sending or receiving text messages, are billed by and payable to your mobile service provider. Messages may be subject to certain time lags and/or delays. Neither Capers nor your mobile service provider (e.g. T-Mobile, AT&T or Verizon) is liable for any delays in the receipt of our text messages or for any of our text messages that are not delivered. If at any time you want to stop receiving My Chili’s-related text messages from Capers, you can opt-out at any time. Following any request to opt-out of receiving text messages, you may receive one final message from Capers confirming your opt-out. Please note that if after opting out you subsequently consent to receiving text messages, we will start sending you text messages again until and unless you opt-out again. In addition, we may text you about your reservation if you provide your mobile number for that purpose.

 

CANCELLATION OF MEMBERSHIP 

You can terminate your Capers Reward account at any time using the following methods: 

 

A.     Contact the Guest Engagement team by submitting your inquiry at kam@capersloft.com

 

B.     Send a written request to be opted-out to the following address: Capers Rewards 1710 West Campbell Ave. Campbell, Ca. 95008. 

 Capers may terminate your Membership, including any associated accounts and/or earned Benefits, without notice and for any reason in our sole discretion. This includes any belief that your continued Membership would violate the provisions of this Agreement and/or applicable law, or would otherwise be harmful to our interests. If we find that any accounts appear to be duplicative, we reserve the right to suspend or combine such accounts. Benefits earned as a result of fraudulent behavior will be forfeited. 

 

Once Membership has been cancelled, you cannot reactivate that account and access previously accumulated Benefits; however, you may be eligible to open a new account. Please note that canceling your Membership or unsubscribing from Capers Reward communications will terminate all Capers Reward related communications.

  

CHANGES TO THE PROGRAM 

Capers maintains the right to do any of the following at any time without prior notice to you: 

 

A.     End the Program and/or any specific Benefit; 

 

B.     Change any Benefit or any other Program benefit we offer; 

 

C.     Change the requirements for earning a particular Benefit; 

 

D.     Change the time provided in which to earn a particular Benefit; and 

 

E.      Change any other feature of the Program (including, without limitation, terms and conditions related to communication and text messaging). 

 

If Capers terminates the Program, any Benefit you have earned but not used will expire on the last day of the Program or as otherwise set forth in the applicable terms for that Benefit. In no event, however, will Benefits be redeemed after the Program has ended. You understand that Capers has no obligation to continue the Program or a specific Benefit, or to compensate you for any unused Benefits. To the extent permitted by law, when you enroll in the Program, you waive any right to require Capers to obtain judicial permission to change this Agreement or to end the Program. 

  

DISCLAIMER  

THE PROGRAM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAPERS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAPERS DOES NOT WARRANT THAT THE FUNCTIONS INCLUDED IN THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY DATA OR INFORMATION (INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION) YOU SUBMIT WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, OR THAT THE PROGRAM IS SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAPERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE. YOU (AND NOT CAPERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR MEMBERSHIP AND AGREE THAT YOUR SOLE REMEDY AGAINST CAPERS FOR ANY PROBLEMS WITH THE PROGRAM IS TO DISCONTINUE YOUR MEMBERSHIP. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. 

 

ARBITRATION, JURISDICTION, CLASS ACTION AND JURY WAIVERS 

Any claim you may have with respect to the Program must be commenced within one (1) year after the claim or cause of action arises. You agree that any claim you may have with Capers related to the Program will be resolved solely by arbitration and that said arbitrator shall have exclusive authority to resolve any such dispute(s). Any such arbitration shall be final and binding, and administered by JAMS before a single arbitrator in a location determined by JAMS in accordance with its rules or as mutually agreed. The arbitrator shall apply California law and render a decision based on the terms, conditions and agreements referenced herein. Should any part of this arbitration provision be deemed unenforceable, the other provisions described herein shall remain in effect. Notwithstanding the foregoing, if this provision is found to be wholly unenforceable and neither party is entitled to arbitrate such dispute(s), you agree that all claims related to the Program must be brought in Santa Clara County, California. Should you file any administrative or legal claims without arbitrating and Capers brings a successful motion to compel arbitration, you must pay the fees (including reasonable attorney’s fees) incurred by Capers in court. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”). 

 

BOTH YOU AND CAPERS AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. FURTHER, No claims may be made on a class or representative basis as you and Capers hereby waive the right to assert claims in any class or representative action IN CONNECTION WITH THIS AGREEMENT. 

 

The failure of Capers Eat and Drink to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit any party's rights with respect to such breach or any subsequent breaches. 

  

GOVERNING LAW 

All issues or questions concerning the construction, validity, interpretation or enforceability of this Agreement or the Program, or the rights and obligations of Capers or any Member in connection with the same, shall be governed by and construed in accordance with the laws of the State of California.

  

ACKNOWLEDGEMENT 

This Agreement, including all documents referenced herein, represents the entire understanding of the Program between you and Capers, and shall supersede all other agreements and understandings relating to such subject matter. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. By enrolling in the Program, Members are deemed to have accepted the terms and conditions of this Agreement. 

  

QUESTIONS  

If you need to contact Capers for any reason regarding this Agreement, you may do so by contacting our Guest Engagement team at www.caperseatanddrink.com/contact or by mailing a written inquiry to the following address: 

Capers Eat and Drink

1710 West Campbell Ave.

Campbell, CA 95008  

Re: Capers Reward Program 

  

This Agreement was last modified on 07/17/2025. 

​

​