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Starbucks® Rewards Terms of Use
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STARBUCKS® REWARDS TERMS OF USE
STARBUCKS REWARDS TERMS OF USEEffective Date: July 1, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE
STARBUCKS REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS
INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT
ACCESS OR PARTICIPATE IN THE STARBUCKS REWARDS PROGRAM.
These Terms of Use include an arbitration agreement that governs any disputes
between you and us. In arbitration, there is less discovery and appellate review
than in court. This arbitration agreement and other provisions will:
* eliminate your right to a trial by jury to the extent allowable under
applicable law; and
* substantially affect your rights, including preventing you from bringing,
joining or participating in class or consolidated proceedings in arbitration
and litigation.
You agree that we may provide updates, notices, disclosures and amendments to
these Terms of Use, and other information relating to the Starbucks Rewards
program by electronic means, including posting such information and materials
online at https://www.starbucks.com.
Additional Terms
Changes To Terms
Personal Use
About Starbucks Rewards
Joining Starbucks
Earning Stars
Multiple Tender
Currency Exchange
Exclusions to Earning Stars; Participating Stores Only
Returns
Star Expiration
Redeeming Stars for Rewards
Star Redemption may vary; Participating stores only
Exclusions to Star Redemption
Additional Benefits
Arbitration
Governing Law
Severability
ADDITIONAL TERMS
These Terms of Use apply to your access to, and participation in, the Starbucks
Rewards program in the United States ("Starbucks Rewards"), which is operated by
Starbucks Corporation or its respective subsidiaries, licensees and affiliated
companies (collectively, "Starbucks"). These Terms of Use do not alter in any
way the terms or conditions of any other agreement you may have with Starbucks
for other products or services, such as Starbucks Cards.
CHANGES TO TERMS
Starbucks reserves the right to change or modify these Terms of Use or any
policy, FAQ, offer, promotion, benefit or guideline pertaining to Starbucks
Rewards, in whole or in part, at any time and in its sole discretion. Any
changes or modifications will be effective immediately and may be posted to
www.starbucks.com, so please check back from time to time. You waive any right
you may have to receive specific notice of such changes or modifications, and
your continued access to or participation in Starbucks Rewards following any
such changes or modifications confirms your acceptance. If you do not agree to
these Terms of Use, you must stop accessing and participating in Starbucks
Rewards.
PERSONAL USE
Starbucks Rewards is intended for personal use only. Commercial use is
prohibited. Starbucks Rewards is not targeted towards, nor intended for use by,
anyone under the age of 13. If you are between the ages of 13 and 18, you may
access and participate in Starbucks Rewards only under the supervision of a
parent or legal guardian who agrees to be bound by these Terms of Use.
Our Privacy Statement is incorporated into these Terms of Use and also governs
your participation in Starbucks Rewards. Please read the Privacy Statement
carefully to understand how Starbucks collects, uses and discloses information
about customers, how to update or change your personal information, and how we
communicate with you.
ABOUT STARBUCKS REWARDS
Starbucks Rewards is one way in which Starbucks endeavors to reward and thank
loyal customers for patronizing our business and purchasing Starbucks products.
Starbucks Rewards members are able to earn and accumulate "Stars" that can be
redeemed for Starbucks Rewards benefits ("Rewards") at participating Starbucks
stores. Unfortunately, not all Starbucks stores have the ability to award Stars
or redeem Stars for Rewards at this time. To find the location nearest you that
participates in Starbucks Rewards, visit the Starbucks Store Locator at
https://www.starbucks.com/store-locator.
JOINING STARBUCKS REWARDS
To join Starbucks Rewards, go to www.starbucks.com/rewards or app.starbucks.com
(“Websites”), or to the Starbucks mobile app (“App”) and follow the prompts to
create an account. You will be required to provide the following information:
1. First and last name, email address and password.
2. Birthday (month, day) is optional to receive birthday offers. If you do not
provide birthday information you will not receive your Birthday Reward.
When you join Starbucks Rewards, you automatically are provided with a digital
Starbucks Card with a zero dollar ($0.00) balance. You can add funds to your
digital Starbucks Card either online at www.starbucks.com/account, through the
App, or in-person at a participating Starbucks store. You can also register a
Starbucks Card eGift or a physical Starbucks gift card to your account by adding
the 16 digit Starbucks Card number and security code. Starbucks Cards may
include: physical Starbucks plastic cards that are available for sale from
participating Starbucks stores and other retail locations (for example, gift
card "malls" or kiosks); digital forms of physical Starbucks plastic cards; and
Starbucks Card eGifts that can be purchased
at www.starbucks.com/shop/card/egift. Multiple Starbucks Cards can be added for
use in Starbucks Rewards, but you may have only one (1) account that is personal
to you. All Starbucks Cards, including the one that is digitally provisioned,
are subject to the Starbucks Card Terms & Conditions which are incorporated into
these Terms of Use. For more information about Starbucks Cards, please visit
www.starbucks.com/gift.
EARNING STARS
The Rewards that are available to you through Starbucks Rewards are based on the
number of Stars that you earn. You can earn Stars by making purchases at
participating Starbucks stores in the following ways:
1. Paying for your purchase with a Starbucks Card. When you pay with your
digital Starbucks Card in the App, you will earn 2 (two) Stars for every $1
(one) U.S. Dollar you spend at participating stores. You will also earn
2 Stars for every $1 (one) U.S. Dollar spent when you a) pay in-person at a
participating store with your registered physical Starbucks Card or b) scan
the barcode in the App, and then use any physical Starbucks Card (regardless
of whether it is registered) to complete the purchase. If you are a
Starbucks partner (i.e., employee), you will earn 3 (three) Stars for every
$1 (one) U.S. Dollar spent using a Starbucks Card so long as you also have
your "partner" Starbucks Card registered to your account and scan your
barcode in the App or physical “partner” Card prior to your purchase.
2. Paying for your purchase with Linked Payment Method. You can link a credit
card, debit card or mobile wallet to your account, and use it to pay
directly for your order through the App. When you pay directly with a linked
payment method, you will earn 1 (one) Star for every $1 (one) U.S. Dollar
you spend at participating stores. Starbucks may add or remove available
payment methods at any time in its sole discretion. Starbucks partners will
earn 2 (two) Stars for every $1 (one) U.S. Dollar spent so long as they also
have their "partner" Starbucks Card registered to their Starbucks Rewards
account
3. Scanning your member barcode in the App and then paying with cash, credit
card, debit card or mobile wallet. You can earn 1 (one) Star for every $1
(one) U.S. Dollar you spend at participating Starbucks stores when you scan
your member barcode in the App at the register prior to paying with cash,
credit cards, debit cards, or mobile wallets. Starbucks partners will earn 2
(two) Stars for every $1 (one) U.S. Dollar spent so long as they also have
their "partner" Starbucks Card registered to their Starbucks Rewards account
and scan their barcode prior to purchase
4. Promotional Bonus Star Offers. From time to time, we, or others acting with
our permission, may offer you opportunities to earn additional "Bonus Stars"
through special promotions. These promotional Bonus Stars will be awarded as
described in the applicable promotional offer and will be subject to any
additional terms set forth in such promotional offer. Offer(s) subject to
change, and may be modified, suspended or terminated at any time without
notice. Offers void where prohibited by law. Other restrictions may apply.
5. Partnership Programs. Eligible customers may earn Stars through
participation in programs offered by our business partners. Starbucks does
not operate and is not responsible for these programs, which have separate
and additional terms and conditions governing how Stars may be earned.
Determinations of eligibility are made in Starbucks and its business
partners’ sole discretion. Starbucks and its business partners reserve the
right to review and investigate all offer activities, and to suspend
accounts or remove Stars and any other promotional benefits for suspected
abuse, violation of terms, or fraud.
Note that Stars may be earned in fractional amounts depending on the value of
your purchase. Stars will not be earned on purchases made when checking out as a
guest.
MULTIPLE TENDER
If you use more than one payment method in a single transaction, you will earn
Stars based on the earn rate associated with each payment. For example, if your
beverage is $6 and you pay $3 with your Starbucks Card and $3 with a credit
card, you will earn a total of 9 Stars: 6 Stars for the amount paid with your
Starbucks Card, and 3 Stars for the amount paid with your credit card. If
members split a transaction, each member must scan their member barcode in the
App immediately before making their payment in order to earn Stars for their
respective purchase amount.
CURRENCY EXCHANGE
If the address associated with your account is located in the United States, any
qualifying purchase you make using a Starbucks Card registered to your account
at participating Starbucks stores in Canada and Puerto Rico will earn Stars as
if the currency were expressed in U.S. Dollars. No currency exchange is applied
to the value of your purchase for the purpose of determining how many Stars you
have earned.
EXCLUSIONS TO EARNING STARS; PARTICIPATING STORES ONLY
You may not earn Stars in connection with certain types of beta or promotional
programs, or on purchases made with a Starbucks Store Credit card (defined
below) purchases made when checking out as a guest, or other forms of service
recovery coupons. Stars may be earned at participating Starbucks stores only,
and certain stores only have the ability to award Stars for Starbucks Card
transactions (not for cash, credit card, debit card or mobile wallet
transactions). In addition, you cannot earn Stars on purchases of alcoholic
beverages or on Starbucks Cards (such as activations, reloads, transfers, and
other card-to-card transactions). Taxes, tips, donations, and fees, including
without limitation, shipping and handling fees, gift wrapping fees, delivery
fees, and bag fees, also may be excluded and ineligible for Star accrual.
RETURNS
For information about how Starbucks handles returns, please read our Return
Policy. Your Star balance may be impacted by returns as follows:
1. If you void a purchase, Starbucks will deduct the Stars that you earned for
that purchase, potentially resulting in a negative Star balance on your
account.
2. If you return merchandise, packaged coffee, food or tea that you purchased
with a Starbucks Card (note: an original receipt or gift receipt is
required), your funds will be returned to you on a card with store credit
(“Starbucks Store Credit card”), but Starbucks will not deduct any Stars
from your account. Starbucks Store Credit cards may be used in participating
Starbucks stores, but they are not Starbucks Cards. Purchases made with
Starbucks Store Credit cards do not accrue Stars and cannot be registered or
reloaded for additional value.
3. If you return products purchased with a credit card, debit card, mobile
wallet or cash (note: an original receipt or gift receipt is required),
Starbucks may deduct the Stars earned in connection with your purchase,
potentially resulting in a negative Star balance. You may be required to
provide the physical credit card, debit card, or mobile wallet in order for
Starbucks to process the refund.
STAR EXPIRATION
Unless otherwise noted, Stars are automatically added to your account within
twenty-four (24) hours of your eligible purchase and expire six (6) months after
the calendar month in which such Stars were earned. For example, if you earn
Stars on December 15, 2020, they will expire on July 1, 2021. The oldest accrued
Stars will be used first for redemptions. You can view and track your Star
balance and available Rewards, as well as any additional benefits for which you
are eligible as a Starbucks Rewards member, on https://app.starbucks.com or by
using the App.
REDEEMING STARS FOR REWARDS
Stars may be redeemed for complimentary Starbucks items at participating
Starbucks stores in the United States, Canada, and Puerto Rico. Starbucks
Rewards offers different Rewards based on different Star redemption tiers. Note
that the Rewards available and Star redemption tiers may vary by location and by
country, and that Starbucks may adjust the items included in each tier at any
time in its sole discretion. The Star redemption tiers for redeeming Stars at
participating Starbucks stores in the United States are as follows:
* 25 Stars may be redeemed for one (1) of the following beverage modifiers: an
added espresso shot, added syrup or sauce (such as caramel syrup), or a dairy
alternative option (such as soy milk, almondmilk, oatmilk or coconutmilk),
valued up to $1 (one) U.S. Dollar. The beverage modifiers in this redemption
tier are only available as a customization to your base beverage order and
cannot be redeemed as a standalone beverage.
* 100 Stars may be redeemed for one (1) of the following items: hot brewed
coffee or hot steeped tea, iced brewed coffee or iced brewed tea, OR a bakery
item (such as a cake pop or cookie), OR a packaged snack (such as popcorn or
potato chips) OR one (1) Cold Siren Logo Plastic To-Go Cup (24 oz only) or
one (1) Siren Logo Plastic Hot Cup (16 oz only). Clover brewed coffee,
Starbucks Reserve coffee, packaged lunch items, and all other reusable cups
and tumblers are excluded from this redemption tier. All bakery items
include a maximum of two (2) spreads (such as, for example, two cream cheese
or butter packets). Brewed tea includes a maximum of four (4) tea bags.
* 200 Stars may be redeemed for one (1) of the following items: any handcrafted
beverage (such as a latte or Frappuccino® blended beverage) OR any hot
breakfast item (such as a breakfast sandwich or oatmeal). All beverages must
be standard menu-sized items. All hot breakfast items include a maximum of
two (2) toppings.
* 300 Stars may be redeemed for one (1) packaged salad or lunch sandwich OR one
(1) packaged protein box, OR one (1) packaged coffee item (such as whole bean
coffee). Packaged coffee availability may vary by store location.
* 400 Stars may be redeemed for a select merchandise item with a value up to
$20 (twenty) U.S. Dollars (pre-tax). Merchandise availability may vary by
store location.
STAR REDEMPTION AVAILABILITY MAY VARY; PARTICIPATING STARBUCKS STORES ONLY
Not all Starbucks stores have the ability to honor Star redemption or provide
Star redemption at multiple tiers. Additionally, the items available for
redemption in each Star redemption tier may vary. Certain Starbucks stores
(including some grocery and retail locations) may offer only the 200 Star
redemption tier. At such locations, and notwithstanding anything to the contrary
in these Terms of Use, you will be eligible to redeem 200 Stars for one (1)
handcrafted beverage OR one (1) food item only.
OTHER IMPORTANT STAR REDEMPTION INFORMATION AND EXCLUSIONS
Stars may be redeemed at participating Starbucks stores and are ineligible to be
redeemed for the following items: alcoholic beverages; multi-serve food or
beverage items (for example, a tray of Cranberry Bliss® Bars or a Coffee
Traveler).
You cannot redeem multiple Star redemption tiers within a single beverage order.
For example, you cannot redeem 50 Stars for a hot brewed coffee and 25 Stars for
added syrup within a single beverage order.
If you redeem Stars at a participating Starbucks store outside of the United
States, the Star redemption tiers applicable in the country in which such store
is located will apply.
ADDITIONAL BENEFITS OF STARBUCKS REWARDS
As a Starbucks Rewards member, you may be eligible for the following additional
benefits.:
* Birthday Reward. On your birthday (as indicated in your Starbucks Rewards
account), you will receive one (1) complimentary handcrafted beverage OR one
(1) complimentary food item OR one (1) complimentary ready-to-drink bottled
beverage ("Birthday Reward"). Your Birthday Reward may be redeemed at
participating Starbucks stores only and excludes: multi-serve food or
beverage items (for example, a tray of Cranberry Bliss® Bars or a Coffee
Traveler); beverages that contain alcohol; merchandise and packaged coffee;
and items available at Starbucks Roastery and Princi locations. To qualify
for your Birthday Reward, you must join Starbucks Rewards at least seven (7)
days prior to your birthday, provide your birthday in your account
information, and make at least one Star-earning transaction prior to your
birthday each year. Your Birthday Reward will be automatically added to your
account on your birthday and is valid only on that date. You must scan the
member barcode in the App or present your registered Starbucks Card in order
to redeem your Birthday Reward. You can check to see if your Birthday Reward
is available by accessing your account on www.starbucks.com/account or in the
App.
* Free refill(s) of hot or iced brewed coffee and tea. Starbucks Rewards
members may receive free refills of hot or iced brewed coffee or tea during
the same store visit at participating Starbucks stores. To be eligible for
free refill(s) of hot or iced brewed coffee or tea, you must scan the member
barcode in the App prior to purchasing your beverage and again when you
request your refill or pay for your beverage using your registered Starbucks
Card and scan the same card again when requesting your hot or iced brewed
coffee or tea refill.
* Early or extended access to certain promotions and offers. Starbucks may
offer Starbucks Rewards members early or extended access to special menu
items or discounts at participating stores. You may take part in these offers
by paying with a Starbucks Card registered to your account or scanning the
member barcode in the App prior to your purchase.
* Personalized offers and coupons. Special offers may be distributed by email,
through the App (including via push notifications), or by physical mail. You
may be required to opt-in and activate special offers via the App or via
email. In order to receive and activate personalized special offers
distributed via email, you must opt-in to receive promotional and marketing
offers from Starbucks and you may be required to provide a valid email,
telephone and physical address. Special offers may be customized based on
your purchase behaviors and preferences, and may include periodic discounts
on food, beverages and merchandise, or the opportunity to earn Bonus Stars.
Special offers may have certain restrictions, including expiration dates and
short, time-limited redemption periods. Special offers are personal to you
and cannot be shared, copied or transferred. You may be required to scan your
member barcode in the App or present or pay with your registered Starbucks
Card in order to redeem special offers. Read each offer carefully for
specific details, expiration dates, and limitations and
restrictions. Starbucks reserves the right to change or suspend the personal
offers and coupons in its discretion.
* Double Star Day. Starbucks may offer Double Star Days, where you can earn
twice the number of Stars for your purchase. Starbucks will notify you of a
designated Double Star Day, which will be personalized and selected by
Starbucks for you. You must download the Starbucks app OR opt-in to receive
promotional and marketing emails from Starbucks in order to receive notice of
a designated Double Star Day. You also may be required to "activate" your
Double Star Day by clicking within the notification email or the notification
within the App. Starbucks reserves the right to exclude certain products and
merchandise from Double Star Day eligibility and to modify the Double Star
Day benefit.
* Reusable Cup Benefit. Starbucks may offer the opportunity to earn Bonus Stars
when you bring a clean, reusable cup into participating stores and use it
instead of a paper to-go cup when ordering a beverage in-store or for
beverages ordered via Drive Thru or the Starbucks® app (“Reusable Cup
Benefit”). The Reusable Cup Benefit may be redeemed a maximum of three (3)
times per day and once per order. For example, if you bring in two reusable
cups and order two handcrafted beverages in a single order, you will receive
a maximum of one Bonus Star load. The Reusable Cup Benefit is not available
for beverages served in Starbucks-provided “for here” mugs and glassware. To
qualify for the Reusable Cup Benefit, members must remain “active” by making
at least one (1) Star earning transaction within the prior two (2) years.
Starbucks reserve the right to change or suspend the Reusable Cup Benefit in
its discretion.
OTHER IMPORTANT INFORMATION YOU SHOULD KNOW
These Terms of Use complement and incorporate by reference the Starbucks Card
Terms & Conditions. In the event of any conflict between the Starbucks Card
Terms & Conditions and these Terms of Use, the Starbucks Card Terms & Conditions
control.
There are no participation or membership fees associated with Starbucks Rewards.
Stars accrued in connection with Starbucks Rewards are promotional, have no cash
value and cannot be redeemed for cash. In addition, your redemption of Stars
accrued in connection with Starbucks Rewards cannot be combined with any other
offers or discounts, unless otherwise expressly indicated by Starbucks.
Your Stars, Rewards, registered Starbucks Cards, and Starbucks Rewards account
are personal to you and may not be sold, transferred or assigned to, or shared
with, family, friends or others, or used by you for any commercial purpose. You
may have only one (1) Starbucks Rewards account that is personal to you.
Without notice to you, Starbucks reserves the right to suspend any Starbucks
Card registered to your account and/or terminate your account and/or your
participation in Starbucks Rewards if Starbucks determines, in its sole
discretion, that you have violated these Terms of Use or that the use of your
Starbucks Rewards account is unauthorized, deceptive, fraudulent or otherwise
unlawful. Starbucks may, in its sole discretion, suspend, cancel or combine
Starbucks Rewards accounts that appear to be duplicative. In the event that your
participation in Starbucks Rewards is terminated, all accrued Stars in your
account are void.
Without notice to you, Starbucks also reserves the right to "unregister" and
make ineligible for Starbucks Rewards any Starbucks Card or account that has
been inactive for two (2) consecutive years. Inactivity is defined as no Stars
earned during such two (2) consecutive year period. In the event that your
Starbucks Card or account is unregistered or rendered inactive, all accrued
Stars in your account are void.
Starbucks reserves the right to change, modify, discontinue or cancel Starbucks
Rewards or any part of the Starbucks Rewards program, at any time and in its
sole discretion, without notice to you.
DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER; JURY
TRIAL WAIVER)
Please read this section carefully. It affects your legal rights. It provides
for resolution of most disputes through individual arbitration instead of court
trials and class actions. Arbitration is more informal than a lawsuit in court,
uses a neutral arbitrator instead of a judge or jury, and discovery is more
limited. Arbitration is final and binding and subject to only very limited
review by a court. This section also contains a jury trial waiver and a waiver
of any and all rights to proceed in a class, collective, consolidated, private
attorney general or representative action in arbitration, or litigation to the
fullest extent allowable by applicable law.
* Binding Arbitration. This provision is intended to be interpreted broadly.
Any dispute or claim arising out of or relating to these Terms of Use, your
access to or participation in Starbucks Rewards, or your relationship with
Starbucks or any past, present, or future subsidiary, parent or affiliate
company or companies, whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory (“Dispute”), will be resolved
through binding individual arbitration, except that either of us may take a
Dispute to small claims court so long as it isn’t removed or appealed to a
court of general jurisdiction. Dispute shall include, but not be limited to:
(a) any dispute or claim that arose before the existence of these or any
prior Terms of Use (including, but not limited to, claims relating to
advertising); (b) any dispute or claim that is currently the subject of
purported class action litigation in which you are not a member of a
certified class; and (c) any dispute or claim that may arise after
termination of these Terms of Use. Dispute, however, does not include
disagreements or claims concerning patents, copyrights, trademarks, and trade
secrets and claims of piracy or unauthorized use of intellectual property.
The arbitrator shall decide all issues except the following (which are for a
court of competent jurisdiction to decide): (a) issues that are reserved for
a court in these Terms of Use; (b) issues that relate to the scope, validity,
and enforceability of the arbitration agreement, class action waiver, or any
of the provisions of this Dispute Resolution section; and (c) issues that
relate to the arbitrability of any Dispute. These Terms of Use and this
arbitration agreement do not prevent you from bringing a Dispute to the
attention of any government agency. You and we agree that these Terms of Use
evidence a transaction in interstate commerce and that this arbitration
agreement will be interpreted and enforced in accordance with the Federal
Arbitration Act and federal arbitration law.
* Mandatory Informal Dispute Resolution Process. You and we agree to work
together in an effort to informally resolve any Dispute between us. The party
initiating the Dispute must send the other a written notice of the Dispute
that includes all of this information: (a) information sufficient to identify
any transaction and account at issue; (b) contact information (including
name, address, telephone number, and email address); and (c) a detailed
description of the nature and basis of the Dispute and the relief sought,
including a calculation for it. The notice must be personally signed by the
party initiating the Dispute (and their counsel, if represented). If you have
the Dispute with us, you must send this notice to our Customer Service
department using the appropriate link at
https://customerservice.starbucks.com/app/contact/ask/. If we have a Dispute
with you, we will send this notice to the most recent contact information we
have for you. For a period of 60 days from receipt of a completed notice
(which can be extended by agreement of the parties), you and we agree to
negotiate in good faith in an effort to informally resolve the Dispute. The
party receiving the notice may request a telephone settlement conference to
aid in the resolution of the Dispute. If such a conference is requested, you
and a Starbucks representative will personally attend (with counsel, if
represented). The conference will be scheduled for a mutually convenient
time, which may be outside of the 60-day period. Completion of this Mandatory
Informal Dispute Resolution Process (“Process”) is a condition precedent to
initiating a claim in arbitration. If the sufficiency of a notice or
compliance with this Process is at issue, such issue may be raised with and
decided by a court of competent jurisdiction at either party’s election, and
any arbitration shall be stayed. The court shall have the authority to
enforce this condition precedent to arbitration, which includes the power to
enjoin the filing or prosecution of arbitrations and the assessment or
collection of arbitration fees. Nothing in this paragraph limits the right of
a party to seek damages for non-compliance with this Process in arbitration.
All applicable limitations periods (including statutes of limitations) will
be tolled from the date of receipt of a completed notice through the
conclusion of this Process. You or we may commence arbitration if the Dispute
is not resolved through this Process.
* Arbitration Procedures. The arbitration of any Dispute shall be administered
by and conducted in accordance with the rules of the American Arbitration
Association ("AAA"), including the AAA's Consumer Arbitration Rules (as
applicable) (“AAA Rules”), as modified by this arbitration agreement. The AAA
Rules are available online at www.adr.org. You and we understand and agree
that the AAA’s administrative determination that this arbitration agreement
comports with the Consumer Due Process Protocols is final and that neither a
court nor an arbitrator has the authority to revisit it. If the AAA is
unavailable or unwilling to administer the arbitration consistent with this
arbitration agreement, the parties shall agree on an administrator that will
do so. If the parties cannot agree, they shall petition a court of competent
jurisdiction to appoint an administrator that will do so.
An arbitration demand must be accompanied by a certification of compliance
with the Process and be personally signed by the party initiating arbitration
(and counsel, if represented). By submitting an arbitration demand, the party
and counsel represent that, as in court, that they are complying with the
requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is
authorized to impose any sanctions available under Federal Rule of Civil
Procedure 11 on represented parties and their counsel. You may choose to have
the arbitration conducted by a phone, video, or in-person hearing, or through
written submissions, except any Dispute seeking $25,000 or more, or
injunctive relief, shall have an in-person or video hearing unless the
parties agree otherwise. You and we reserve the right to request a hearing in
any matter from the arbitrator. You and a Starbucks representative will
personally appear at any hearing (with counsel, if represented). Any
in-person hearing will be held in the county or parish in which you reside or
at another mutually agreed location. An arbitrator may award on an individual
basis any relief that would be available in a court, including injunctive or
declaratory relief only in favor of the individual party seeking relief and
only to the extent necessary to provide relief warranted by that party’s
individual claim. To the fullest extent allowable by applicable law, you and
we agree that each may bring claims against the other only in your or our
individual capacity and not as a plaintiff or class member in any purported
class, collective, consolidated, private attorney general, or representative
proceeding. Further, unless both you and we agree otherwise, an arbitrator
may not consolidate more than one person’s claims and may not otherwise
preside over any form of class, collective, consolidated, private attorney
general, or representative proceeding. An arbitrator must follow and enforce
these Terms of Use as a court would. If, after exhaustion of all appeals, any
of these prohibitions on non-individualized injunctive or declaratory relief
and class, collective, consolidated, private attorney general, or
representative proceedings are found to be unenforceable with respect to a
particular claim or request for relief (such as a request for public
injunctive relief), then such a claim or request for relief will be decided
by a court of competent jurisdiction, after all other claims and requests for
relief are arbitrated.
The arbitrator shall issue a reasoned written decision sufficient to explain
essential findings and conclusions. The arbitrator shall apply the
cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of
an award. Judgment on any arbitration award may be entered in any court of
competent jurisdiction, except an award that has been satisfied may not be
entered. An award shall have no preclusive effect in any other arbitration or
proceeding in which you are not a named party.
* Costs of Arbitration. Payment of arbitration fees will be governed by the AAA
Rules and fee schedule. You and we agree that the parties have a shared
interest in reducing the costs and increasing the efficiencies associated
with arbitration. Therefore, you or we may elect to engage with the AAA
regarding arbitration fees, and you and we agree that the parties (and
counsel, if represented) will work together in good faith to ensure that
arbitration remains cost-effective for all parties.
* Additional Procedures for Multiple Case Filings. You and we agree that these
Additional Procedures for Multiple Case Filings (in addition to the other
provisions of this arbitration agreement) shall apply if you choose to
participate in a Multiple Case Filing. If 25 or more similar Disputes
(including yours) are asserted against Starbucks by the same or coordinated
counsel or are otherwise coordinated (“Multiple Case Filing”), the resolution
of your Dispute might be delayed and ultimately proceed in court. The parties
agree that as part of these procedures, their counsel shall meet and confer
in good faith in an effort to resolve the Disputes, streamline procedures,
address the exchange of information, modify the number of Disputes to be
adjudicated, and conserve the parties’ and the AAA’s resources.
If your claim is part of a Multiple Case Filing, any applicable limitations
periods (including statutes of limitations) shall be tolled for your Dispute
from the time that your Dispute is first submitted to the AAA until your
Dispute is selected to proceed as part of a staged process or is settled,
withdrawn, otherwise resolved, or opted out of arbitration pursuant to this
provision.
STAGE ONE: If at least 100 Disputes are submitted as part of the Multiple
Case Filing, counsel for the claimants and counsel for Starbucks shall each
select 50 Disputes to be filed and to proceed as cases in individual
arbitrations as part of this initial staged process. The number of Disputes
to be selected to proceed in Stage One can be increased by agreement of
counsel for the parties (and if there are fewer than 100 Disputes, all shall
proceed individually in Stage One). Each of the 100 (or fewer) cases shall be
assigned to a different arbitrator and proceed individually. If a case is
withdrawn before the issuance of an arbitration award, another claim shall be
selected to proceed as part of Stage One. The remaining Disputes shall not be
filed or deemed filed in arbitration nor shall any arbitration fees be
assessed or collected in connection with those claims. After this initial set
of proceedings, counsel for the parties shall participate in a global
mediation session with a retired federal or state court judge jointly
selected by counsel in an effort to resolve the remaining Disputes (as
informed by the adjudications of cases in Stage One), and Starbucks shall pay
the mediator’s fee.
STAGE TWO: If the remaining Disputes have not been resolved at the conclusion
of Stage One, counsel for the claimants and counsel for Starbucks shall each
select 100 Disputes per side to be filed and to proceed as cases in
individual arbitrations as part of a second staged process. The number of
Disputes to be selected to proceed as part of this second staged process can
be increased by agreement of counsel for the parties (and if there are fewer
than 200 Disputes, all shall proceed individually in Stage Two). No more than
five cases may be assigned to a single arbitrator to proceed individually. If
a case is withdrawn before the issuance of an arbitration award, another
claim shall be selected to proceed as part of Stage Two. The remaining
Disputes shall not be filed or deemed filed in arbitration nor shall any
arbitration fees be assessed or collected in connection with those claims.
After this second set of staged proceedings, the parties shall engage in a
global mediation session of all remaining Disputes with a retired federal or
state court judge jointly selected by counsel in an effort to resolve the
remaining Disputes (as informed by the adjudications of cases in Stages One
and Two), and Starbucks shall pay the mediator’s fee.
Upon the completion of the mediation set forth in Stage Two, each remaining
Dispute (if any) that is not settled or not withdrawn shall be opted out of
arbitration and may proceed in a court of competent jurisdiction consistent
with the remainder of the Terms of Use. Notwithstanding the foregoing,
counsel for the parties may mutually agree in writing to proceed with the
adjudication of some or all of the remaining Disputes in individual
arbitrations consistent with the process set forth in Stage Two (except
Disputes shall be randomly selected and mediation shall be elective by
agreement of counsel) or through another mutually-agreeable process. A court
of competent jurisdiction shall have the authority to enforce the Additional
Procedures for Multiple Case Filings, including the power to enjoin the
filing or prosecution of arbitrations and the assessment or collection of
arbitration fees.
The Additional Procedures for Multiple Case Filings provision and each of its
requirements are essential parts of this arbitration agreement. If, after
exhaustion of all appeals, a court of competent jurisdiction decides that the
Additional Procedures for Multiple Case Filings apply to your Dispute and are
not enforceable, then your Dispute shall not proceed in arbitration and shall
only proceed in a court of competent jurisdiction consistent with the
remainder of the Terms of Use.
* Future Changes to Arbitration Agreement. If we make any future changes to
this arbitration agreement (other than a change to our contact information),
you may reject any such change by sending your personally signed, written
notice to the following address within 30 days of the change:
Starbucks Corporation
Law & Corporate Affairs
2401 Utah Ave S, MS:S-LA1, Seattle, WA 98134
Attention: Litigation Department
Such written notice does not constitute an opt out of arbitration altogether.
By rejecting any future change, you are agreeing that you will arbitrate any
Dispute between you and Starbucks in accordance with this version of the
arbitration agreement.
* Class Action Waiver and Jury Trial Waiver
You and we each agree that any proceeding, whether in arbitration or in
court, will be conducted only on an individual basis and not in a class,
collective, consolidated, private attorney general, or representative action.
You and we agree to waive any right to bring or to participate in such an
action in arbitration or in court to the fullest extent allowable by
applicable law. Notwithstanding the foregoing, the parties retain the right
to participate in a class-wide settlement.
To the fullest extent allowable by applicable law, you and we waive the right
to a jury trial.
GOVERNING LAW AND JURISDICTION
These Terms of Use or your access to or participation in Starbucks Rewards are
governed by the laws of the state of Washington, United States of America,
without regard to Washington’s conflict of laws rules. The United Nations
Convention on Contracts for the International Sale of Goods shall have no
applicability. If the arbitration agreement is ever deemed unenforceable or
void, or a dispute between the parties is not subject to arbitration, you
irrevocably consent to the exclusive jurisdiction of the federal and state
courts in King County, Washington, United States of America, for purposes of any
legal action arising out of or related to access to or participation in
Starbucks Rewards or these Terms of Use, and waive any objections as to personal
jurisdiction or as to the laying of venue in such courts due to: (a)
inconvenient forum or (b) any other basis or any right to seek to transfer or
change venue of any such action to another court.
SEVERABILITY AND SURVIVAL
Except as otherwise provided herein, if any provision or part of a provision of
these Terms of Use shall be deemed unlawful, void or for any reason
unenforceable, then that provision or part of the provision shall be deemed
severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions.
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