Welcome to www.krispykreme.com, the Krispy Kreme mobile application, social media pages and other online
services, programs, or interactions (the “Online Services”) of Krispy Kreme Doughnut Corporation,
and its affiliates and subsidiaries and authorized designees (individually and collectively referred to herein
as, “Krispy Kreme”, “we”, “us”, or “our”). Krispy Kreme provides
the Online Services, as well as any content, information, programs, offers, products, services, and features
made available through the Online Services (“Features”), to you subject to the following Terms of
ACCEPTANCE OF TERMS
PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE EACH USE OF THE ONLINE SERVICES. BY VISITING, ACCESSING,
BROWSING, OR USING THE ONLINE SERVICES OR PLACING AN ORDER THROUGH THE ONLINE SERVICES, YOU EXPRESSLY
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS
SIGNED IT. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT VISIT, ACCESS, BROWSE, OR USE THE
ONLINE SERVICES OR ANY FEATURES.
Different or additional terms may apply to some Features offered through the Online Services, or to sweepstakes,
contests, games, promotions, Programs (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 additional terms or rules
(“Additional Terms”) in addition to these Terms. All references to the “Terms” herein
include all Additional Terms. In the event of a conflict, the applicable Additional Terms shall prevail over
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.
these Terms, carefully to understand how Krispy Kreme collects, uses and shares information, including
personally identifiable information, when you access or use the Online Services, Features, Content, Activities,
and Programs. If you do not consent to Krispy Kreme’s privacy practices as set forth in the Privacy
Policy, you are not authorized to use the Online Services, Features, Activities, or Programs.
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. If you are under 13 years of age, you may
not use the Online Services in any manner and under no circumstances may you submit any information to us. If
you are between 13 years of age and the age of majority in your jurisdiction of residence, you may use the
Online Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms
on behalf of himself /herself and you.
To utilize certain Features and Programs, including online ordering, fundraising, and contests and promotions,
you must be above the age of majority in your jurisdiction of residence.
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,
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.
Disclaimer Regarding Video Content: The Online Services, Features, Content, Activities, and Programs may contain
pixels which provide us and third-party service providers with analytics regarding how website visitors interact
with video content, audiovisual content, or content of a like nature (collectively, “Video
Content”). Video Content is provided for the purpose of enhancing the user experience and by continuing to
use the Online Services and interacting with Video Content, you understand that your personal information,
may also visit the Cookie Settings to review specific cookies in use and to update your settings.
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
- 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
Submissions: You are solely responsible for any User Materials or other information, suggestions, ideas, content,
or material (whether solicited or unsolicited) that you transmit to or through the Online Services or otherwise
to us (e.g., through email) (“Submissions”). You understand that, except for any personally
Submissions are considered non-confidential and non-proprietary. All Submissions are subject to these Terms.
Krispy Kreme is under no obligation to post or use any Submission and may remove or edit any Submission at any
time in its sole discretion, without any notice to you.
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.
If you wish to purchase products or services described on or provided through the Online Services, you will be
asked by Krispy Kreme or a third party provider of the product or service to supply certain information
applicable to your purchase, including, without limitation, credit card and other payment information. You
understand that any such information will be treated by Krispy Kreme in the manner described in its Privacy
Policy. You agree that all information that you provide to Krispy Kreme or such third party provider will be
accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and
credit card or other payment mechanism at the price(s) in effect when such charges are incurred. You also will
be responsible for paying any applicable taxes relating to your purchases. If you receive an e-mail confirmation
of an order, it does not constitute acceptance thereof or confirmation of an offer to sell. Krispy Kreme
reserves the right, without prior notice, to limit the order quantity on any item or to refuse to fulfill any
order. Purchase of our products for resale purposes is not permitted, unless you have received the prior written
consent from Krispy Kreme. We reserve the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by unauthorized dealers, resellers or distributors, and to cease doing business with such
customers, with no further notice. Additional Terms and conditions may apply to such purchase, and if you do not
agree to any such terms and conditions and/or decline acceptance thereof, no transaction can occur and you will
be unable to complete the purchase.
It is your responsibility to ascertain and obey all applicable local, state, and federal laws in regard to the
receipt, possession, use, and sale of any item purchased via the Online Services. Any offer for any product or
service made via the Online Services is void where prohibited.
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 firstname.lastname@example.org 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 for a particular Program, 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, in its discretion, 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”). For avoidance of doubt, the Reward Terms are part of the Terms, not a separate agreement. Any
reference herein to the “Terms” includes the Reward Terms, unless context requires otherwise.
Scope of Reward Terms. These Reward Terms apply to your access to, and participation in, 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 years of age and the age of majority in your jurisdiction of residence, 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, and the rest of the Terms, on behalf of himself/herself and you.
How to Enroll.
- In Store: You may pre-enroll in Krispy Kreme Rewards at participating Krispy Kreme stores by following the
instructions provided 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.
Enrollment in Krispy Kreme Rewards will require you to provide personal information, including, without
limitation, your name, email address, physical address, phone number, user name, password, marketing
uses and discloses information about customers and how to update or change your personal information and how we
communicate with you.
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 (both defined below) 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.
|Number of Credits
|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
- 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. You understand that Krispy Kreme’s
provision of personalized Rewards or offers to a particular customer creates no obligation to provide the same
Rewards or offers to you or any other customer.
Credits and Rewards are Personal and 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.
Modification, Suspension, or Termination of Krispy Kreme Rewards. Krispy Kreme reserves the right to
modify, suspend, or terminate Krispy Kreme Rewards, or any or all benefits under Krispy Kreme Rewards, at any
time, for any reason, and you agree that Krispy Kreme shall have no liability to you arising from such actions.
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
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. 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. 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 or endorse 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 any third party service in connection with your
use of any of the Online Services does not imply Krispy Kreme’s endorsement of or affiliation with 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
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 does not constitute a waiver of Krispy Kreme’s 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 in 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..
NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
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 the 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
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.
When we receive notice of an alleged intellectual property rights violation, we may give notice to the relevant
user by means of a general notice on the Online Services, email to the user’s address in our records, or
written communication sent by first-class mail to the user’s physical address in our records. If you
receive such a notice, you may provide counter-notification in writing to Krispy Kreme’s Copyright Agent
that includes the information below:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location
at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was
removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a
federal district court for the judicial district in which your physical address is located, or if your
physical address is outside of the United States, for any judicial district in which we may be found, and
that you will accept service of process from the person who provided notification of allegedly infringing
material or an agent of such person.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate
circumstances, and where technically feasible, of account holders who are repeat infringers.
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 with 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.
In addition, when using the Online Services, information will be transmitted over a medium which is beyond the
control and jurisdiction of the Krispy Kreme Parties. Accordingly, the Krispy Kreme Parties assume no liability
for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted
in connection with use of the Online Services.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WARRANTIES ARE DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW.
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.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW.
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 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 email@example.com.
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 HARMLESS THE KRISPY KREME PARTIES 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.
We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to
indemnification by you and you agree to cooperate with us if and as requested by us in the defense and
settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is
required absent our prior written consent.
SOLELY INTENDED FOR UNITED STATES USERS
The Online Services are 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 US 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.
WAIVER 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
- 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 (WITH THE EXCEPTION OF FEDERAL ARBITRATION LAW, WHICH
WILL GOVERN ANY ARBITRATION 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 claims litigated
in a civil court and you agree to submit to the exclusive jurisdiction and venue of such courts.
Governing Law: These Terms and any Disputes (defined below) shall be governed by, and will be construed in
accordance with, the laws of the State of North Carolina, U.S.A., without regard to choice of law principles,
except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act.
Agreement to Arbitrate: YOU AND KRISPY KREME AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, IF THERE
IS ANY CONTROVERSY, CLAIM, ACTION, OR DISPUTE ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE ONLINE
SERVICES, THESE TERMS (INCLUDING THE VALIDITY, SCOPE, OR ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE), THE
PARTIES SHALL FIRST TRY IN GOOD FAITH TO SETTLE SUCH DISPUTE BY PROVIDING WRITTEN NOTICE TO THE OTHER PARTY
DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND ALLOWING THE RECEIVING PARTY THIRTY (30) DAYS IN WHICH
TO RESPOND TO OR SETTLE THE DISPUTE.
Notice shall be sent to:
Both you and Krispy Kreme agree that this dispute resolution procedure is a condition precedent that must be
satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE MUST BE
EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL, BINDING, INDIVIDUAL, ARBITRATION. ARBITRATION ON AN INDIVIDUAL BASIS
MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT
YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND
WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING
DISCOVERY AND APPEAL RIGHTS.
All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS)
(www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to
arbitrate) before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted
in accordance with the JAMS Consumer Arbitration Minimum Standards
(https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these
standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS
rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1)
solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing
by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve
any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of
these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of
doubt, you and Krispy Kreme agree that the arbitrator shall have the exclusive power to rule on his or her own
jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to
arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis)
any relief that would be available in a court, provided that the arbitrator's award of damages must be
consistent with the terms of the "Limitation of Liability.” The award rendered by the arbitrator may
be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding the foregoing, in lieu of arbitration either you or Krispy Kreme may (1) bring an individual
claim in small claims court in the United States consistent with any applicable jurisdictional and monetary
limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of
its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.
Waiver of Jury Trial: YOU AND KRISPY KREME HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY WITH
REGARD TO ANY DISPUTE.
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.
Except as expressly provided otherwise in these Terms, 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
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. In these Terms,
the words “include,” “includes,” and “including” are used in an illustrative
sense and shall not limit the generality of the language preceding such term. Any limited or specific
disclaimers or limitations of liability found in these Terms shall not limit the effect, forth, or breadth of
any other disclaimers or limitations of liability in these Terms.
respect to your use of the Online Services, Features, Content, Activities, and Programs, and supersede all
previous written or oral agreements between us and you with respect to such subject matter.
If you have any questions about these Terms or the Online Services, please contact us at krispykreme.com/contact-us.