Konavore Rewards

(Effective July 9, 2018)

THANK YOU FOR YOUR INTEREST IN JOINING KONAVORE REWARDS, WE’RE EXCITED TO HAVE YOU AS A MEMBER! 

In order to complete your registration for the Kona Grill Konavore Rewards Program (“Rewards Program”), to use and continue to use the Rewards Program, and to access and use the Rewards Program website located at www.konagrill.com or our mobile application (“App”), you must agree to these Terms of Use. (Our website and App are collectively referred to in these Terms of Use as the “Sites”). In addition, each time you access or use the sites, you agree to be bound by these 
Terms of Use. If you do not agree to these Terms of Use, do not use or continue to use the Rewards Program.

These Terms of Use include an Arbitration provision that applies to any disputes between you and Kona Grill. Unless you elect to not be bound by arbitration by following the Election To Not Be Bound by Arbitration Policy procedure described below, these Terms of Use will:

• Eliminate your right to trial by jury; and
• Prevent you from bringing, joining, or participating in any class-action or consolidated-action proceedings.

1. Eligibility: The Konavore Rewards Program is only available to individual legal residents of the United States, the District of Columbia and Puerto Rico who are 18 years of age or older when they enroll in the Rewards Program. Only one account is allowed per Member.
2. Enrollment: In order to enroll as a “Member” of the Rewards Program, you must provide Kona Grill, Inc. with your name, member email address (which will become your user name), birthdate, favorite location, phone number and password. You are also solely responsible for updating your Rewards Program account information so that it is accurate and current. Kona Grill is not responsible if you do not receive any emails from Kona Grill because the information you provided is incorrect or outdated.
3. Welcome and Birthday Reward: Upon joining, and annually, on or around your birthday, members will receive special rewards specific to the above events. The Welcome Reward entitles the member to one complimentary starter or roll up to $14 with the purchase of a second starter or roll of equal or greater value, good on the next visit. One offer per table. Dine in only. Not valid on  alcohol, tax, gratuity or with any other offer. No cash value. One time use only. Offer expires 30 days from date sent. The Birthday Reward entitles the member to a $15 certificate. One offer per table. Not valid on alcohol, tax, gratuity or with any other offer. Dine-in only. No cash value. Offer expires 30 days from date sent. One time use only. Birthday Rewards will be applied to a Member’s account on Monday, the week prior to the birthdate listed in the account. In the event a Member registers after 11a on Monday, and has a birthday within the same week, their Birthday Reward will be issued the following Monday. Members who register after 11a on Monday, and their birthday was the previous week or earlier, will not receive a birthday reward until the following year.
4. Earning Kona Cash Rewards: Members earn points by making qualifying purchases at Kona Grill corporate-owned restaurants located within the United States and Puerto Rico. This does not include international or other franchised locations. Points must be converted to Kona Cash (hereinafter defined) to be redeemed for food and beverages as described below. Qualifying purchases include food and non-alcoholic beverages. Points will not be earned for any taxes, gratuities, delivery orders, purchases of gift cards, alcoholic beverages, or for purchases made with Kona Cash. Kona Grill in its sole discretion may also award Members discounts, enhanced earning levels, free food items, as a surprise or delight, or other benefits based on a Member’s specific behavior. Kona Cash and other benefits accumulated under the Rewards Program are promotional and have no cash value.
5. Point Levels: Members earn 1 point for every $1 spent on qualifying purchases. Fractions of one dollar are rounded on a half-to-even basis. Once a Member earns the qualifying points according to the point levels, the Member can convert those to corresponding Kona Cash. The point levels and Kona Cash earnings rate are subject to change at any time in Kona Grill’s sole discretion, with or without direct notice. Any revised Terms and Conditions will be posted on the Sites and effective once posted. In addition, Kona Grill may, in its sole discretion, periodically test different point levels, or earnings rates, or other benefits in one or more markets with or without notice, and may terminate such test programs with or without notice.
6. Kona Cash: Members can convert points to Kona Cash to redeem for qualifying purchases on food and non-alcoholic beverages. Members can accumulate points to reach higher levels of Kona Cash or convert to Kona Cash at any point a specified reward level is reached.
7. Redemption: Kona Cash may be redeemed for food and non-alcoholic beverages, including food and non-alcoholic beverages on happy hour at corporate-owned Kona Grill Restaurants. It may not be redeemed for cash, used to purchase gift cards, alcoholic beverages, or to pay for tax, gratuity, or delivery orders, and may not be redeemed at franchised Kona Grill locations. Members may redeem more than one Kona Cash reward for a single purchase. Kona Cash may not be redeemed during the same visit on which the point level is reached. Kona Cash is personal to each Member and may not be sold, transferred, assigned, shared, or used for any commercial purpose.
8. Expiration: Kona Cash rewards will expire 30 days after converted/activated upon reaching the qualifying point level. Other benefits or discounts will expire as indicated in the accompanying communication.
9. Maximum Redemption: A maximum of $1,000 in Kona Cash may be redeemed in a one-month period.
10. Discounts: Certain offers and special promotions cannot be combined with Kona Cash. Kona Grill reserves the right to refuse to permit Kona Cash to be redeemed in connection with discounted items. Happy hour items are not considered to be “discounted” in this context and therefore qualify for Kona Cash redemption.
11. Sweepstakes, Contests, and Other Promotions: The Rewards Program may offer sweepstakes, contests or other promotions that may have rules or their own terms and conditions. Members are required to read those rules and terms and conditions, and to agree and accept to be bound by them in order to participate.
12. Unauthorized Use: Report any unauthorized use of your account to Kona Grill at www.konagrill.com/konavorerewards. Kona Grill will not be responsible for Kona Cash or other benefits redeemed by an unauthorized user of the Konavore Rewards account.
13. Employee Use: Kona Grill restaurant employees and salaried managers are not permitted to participate in or become a member of the Konavore Rewards Program. Any account owned by an employee or manager is subject for closure at Kona Grill’s sole discretion. All points and rewards associated with the employee’s account will be forfeited.
14. Account Closure: A Member’s Rewards Program account may be closed by Kona Grill in its sole discretion after 12 months with no activity.
15. Suspension/Termination of Membership: Kona Grill reserves the right in its sole discretion to suspend a Member’s membership in the Rewards Program in the event of any suspected misconduct, including suspending the Member’s ability to redeem Kona Cash and/or other benefits earned or received in connection with his/her membership in the Rewards Program. If Kona Grill concludes in its sole discretion that the Member has engaged in misconduct or that his/her account has been compromised, it may terminate the Member’s membership, including but not limited to terminating the Member’s ability to redeem Kona Cash and/or other benefits earned or received in connection with his/her membership in the Rewards Program.
16. Modification of Terms and Conditions: Kona Grill reserves the right in its sole discretion to modify at any time these Terms and Conditions. Any such changes are effective immediately upon being posted on any of the Sites and the Member’s continued enrollment in the Rewards Program and/or use of the Sites confirms that he/she accepts the changes and agrees to be bound by them.
17. Termination of Rewards Program: Kona Grill reserves the right in its sole discretion to terminate or change the Rewards Program at any time. If the Rewards Program is terminated, Members will no longer earn Kona Cash or receive other benefits associated with the Rewards Program. Unless otherwise provided in writing by Kona Grill, any unused Kona Cash or other Reward Program benefit will expire upon termination of the Rewards Program, and Member’s Rewards Program points will be set to zero.
18. Ownership of Site Content: All of the contents of the Site is owned and copyrighted by Kona Grill and is protected as intellectual or proprietary property. Use of any of the Sites’ content without prior consent by Kona Grill is strictly prohibited.
19. Limitation of Liability and Disclaimer: Members use the Sites at their own risk. Kona Grill is not liable for any direct, indirect, special, or other damages or losses that may result from the Member accessing the Sites or using information on the Sites. The Sites and the information included on the Sites are provided by Kona Grill “as is” without any warranty of any kind, either expressed or implied. Kona Grill is not responsible for interrupted or unavailable network server or other connections, miscommunications, computer transmissions or jumbled, scrambled or misdirected transmissions, or for electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer or device related to participating in the Rewards Program. Kona Grill’s liability for Konavore Rewards or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other Kona Cash or other benefits, while supplies last.
20. Release: Member hereby releases and agrees to indemnify and hold harmless Kona Grill from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the Member’s participation in the Rewards Program, or the receipt, use or misuse, of Kona Cash or any other award or benefit.
21. Links to Third Party Websites: The Sites may contain links to third-party websites or may permit Members to log in via the member’s account on a social media website or application. Kona Grill does not have any control over these other websites and it is not responsible for their content or security. If a Member clicks on a link to an outside website or uses a social media account to log in to a Site, he/she does so at his/her own risk and is subject to the privacy policy and terms and conditions of that website.
22. Privacy: Any information that a Member provides to Kona Grill will be treated in accordance with Kona Grill’s Privacy Policy located at www.konagrill.com.
23. Choice of Law: These Terms and Conditions are governed by and are to be construed in accordance with the laws of the State of Arizona, Maricopa County. You hereby consent to the jurisdiction for such purposes.
24. Please read this section carefully: Disputes to Be Resolved Through Arbitration; Class Action Waiver: Except where prohibited by law and unless the Member opts out in the manner described below, by participating in the Rewards Program, the Member agrees that any action arising out of or relating in any way to the Rewards Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The American Arbitration Association’s current rules for consumer disputes can be found at https://www.adr.org/Rules. The arbitration shall be held at a location in the state of Arizona, Maricopa County. The arbitrator’s decision shall be controlled by these Terms and Conditions and any of the other rules referenced herein. Except as expressly authorized by governing law and only to that extent, the arbitrator shall not have the power to award punitive damages against Kona Grill or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only the Member’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or Members who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Members also agree that (a) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; (b) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law; and (c) under no circumstances will Members be permitted, and Members hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum. The arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected
25. Election To Not Be Bound By Arbitration Policy: You may elect to opt out of the above Arbitration requirement within 30 days of the latter of (a) the date on which you enrolled in the Rewards Program or (b) the effective date of these Terms of Use (the “Arbitration Opt-Out Deadline”). To opt out, please send written notice of your election to opt out by regular U.S. Mail to Kona Grill, Inc, Attention: Legal Department, 15059 N. Scottsdale Road, Suite 300, Scottsdale, AZ 85254. Any election notice received after the Arbitration Opt-Out Deadline (allowing five additional days for mailing) will not be valid. The election notice must state your name, mailing address, phone number and email address and a statement that you are electing to not be bound by the Arbitration Policy. Kona Grill does not have a preference as to whether you elect to not be bound by this Arbitration Policy. Opting out of the arbitration agreement will not impact your enrollment in the Rewards Program.