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
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.
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.
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.
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.
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:
- First and last name, email address and password.
- 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.
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:
- 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.
- 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
- 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
- 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.
- 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.
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.
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.
For information about how Starbucks handles returns, please read our Return Policy. Your Star balance may be impacted by returns as follows:
- 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.
- 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.
- 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.
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.
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.
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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