Auntie Anne’s Terms and Conditions

WELCOME TO AUNTIE ANNE’S. THE AUNTIE ANNE’S TERMS AND CONDITIONS AND POLICIES IDENTIFIED BELOW, AS UPDATED FROM TIME TO TIME, (COLLECTIVELY THE “TERMS”) GOVERN YOUR ACCESS AND USE OF ALL OR PART OF THE AUNTIE ANNE’S ONLINE SERVICES (AS DEFINED IN THE AUNTIE ANNE’S TERMS AND CONDITIONS OF USE), WHICH INCLUDES THE AUNTIE ANNE’S REWARDS PROGRAM. BY DOWNLOADING, USING, OR VISITING ANY OF THE AUNTIE ANNE’S ONLINE SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR OUR PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE AUNTIE ANNE’S ONLINE SERVICES. “Auntie Anne’s” includes Auntie Anne’s Franchisor SPV LLC and any of its parents, affiliates, or subsidiaries and each of their respective members, officers, directors, and employees. When used in these Terms, “Auntie Anne’s,” “we,” “us,” or “our” refers to Auntie Anne’s.

We may change or modify some or all these Terms from time to time and will post the updated Terms with an “Updated as of” effective date of the revision. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and you waive any right you may have to receive specific notice of such changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to, use of and/or participation in the Auntie Anne’s Online Services after these Terms have been changed or modified signifies your acceptance of any updated Terms. As a result, you should frequently review these Terms to understand the terms and conditions that apply to your access to, use of, and/or participation in the Auntie Anne’s Online Services. If you do not agree to the changed or modified Terms, then do not use the Auntie Anne’s Online Services.

PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND OTHER PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN YOU AND US AND THAT LIMIT OUR LIABILITY TO YOU, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE TERMS CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS. THESE PROVISIONS ARE SET FORTH IN THE TERMS AND CONDITIONS OF USE.

APPLICABLE TERMS AND CONDITIONS:

OTHER IMPORTANT POLICIES:

Auntie Anne’s Terms and Conditions of Use

Updated as of April 16, 2024.

These Auntie Anne’s Terms and Conditions of Use (“Terms of Use”) contain a dispute resolution section that includes an arbitration agreement, class action waiver, and jury trial waiver that apply to all Disputes (defined below) that might arise between you and Auntie Anne’s. Please read these provisions carefully. Please click HERE to review the “Dispute Resolution (Mandatory Arbitration; Class Action Waiver; Jury Trial Waiver)” section.

These Terms of Use are a binding legal agreement between you and Auntie Anne’s (as defined below) and govern your use of the website located at www.auntieannes.com and any other Auntie Anne’s-related website (each a “Site” and collectively, the “Sites”) or mobile application (each an “App” and collectively, the “Apps”) owned or operated by Auntie Anne’s Franchisor SPV LLC or any of its past, present, or future parents, affiliates, or subsidiaries and each of their respective members, officers, directors, and employees (collectively, “Auntie Anne’s”) or operated on behalf of Auntie Anne’s, and the materials, software, and content available on or through such Sites and Apps, and the products, programs, and services available on or through such Sites or Apps that link to these Terms of Use (each a “Service” and collectively, the “Services”) (collectively, the “Auntie Anne’s Online Services”). When used in these Terms of Use, “Auntie Anne’s,” “we,” “us,” or “our” refers to Auntie Anne’s.

Your use of the Auntie Anne’s Online Services confirms your unconditional agreement to be bound by these Terms of Use and is subject to your continued compliance with these Terms of Use. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Auntie Anne’s Online Services. Before using the Auntie Anne’s Online Services, please review the related Privacy Policy (the “Privacy Policy”), which is incorporated herein by this reference.

TABLE OF CONTENTS

AGREEMENT TO TERMS AND CONDITIONS OF USE BY USER

By using the Auntie Anne’s Online Services, you acknowledge and accept without limitation or qualification, these Terms of Use, the terms and conditions for each Site, App and/or Service, our User Generated Content Terms and Conditions, our Cookie Policy, our Privacy Policy and our California Privacy Policy (for California residents), each of which is incorporated herein by reference and form part of your agreement with Auntie Anne’s.

Auntie Anne’s grants you a non-exclusive, non-transferable, limited right and license to access, use, and privately display the Auntie Anne’s Online Services and the materials thereon for your personal use only, provided that you comply fully with these Terms of Use. You shall not interfere or attempt to interfere with the operation or use of the Auntie Anne’s Online Services by other users in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means.

The Auntie Anne’s Online Services are intended for US residents thirteen (13) years of age and older. If you are a US resident, you represent and warrant that you are thirteen (13) years of age or older. If you are using our Online Services from outside the US, you represent and warrant that you have reached the age of majority in your jurisdiction of residence.

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MODIFICATION

Auntie Anne’s may modify change, modify, update, discontinue, remove, revise, delete, or otherwise change any portion of the Auntie Anne’s Online Services or these Terms of Use, in whole or in part, at any time. For changes to these Terms of Use that we deem material, we will post the revised Terms of Use on the Site and update the “Updated as of” date at the top of these Terms of Use. If you disagree with the revised Terms of Use, you may terminate this agreement immediately as provided in these Terms of Use. If you do not terminate your agreement before the date the revised Terms of Use become effective, your continued access to or use of the Auntie Anne’s Online Services, in whole or in part, will constitute acceptance of the revised Terms of Use.

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The Auntie Anne’s Online Services may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, games, software applications, and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product, or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through, or installed from the Site. If you decide to leave the Auntie Anne’s Online Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

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RESTRICTIONS ON USE

The Auntie Anne’s Online Services, and all of the content they contain, or may in the future contain, including, but not limited to, text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents, and/or any other form of intellectual property (collectively, the “Material”) that relates to the Auntie Anne’s Online Services (other than and except for “User Generated Content” (as defined herein)) are owned by or licensed by Auntie Anne’s or other third parties and are protected from any unauthorized use, copying, or dissemination by copyright, trademark, and other intellectual property and non-intellectual property laws. Except as expressly permitted in writing by Auntie Anne’s, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, any of the Material. Except as otherwise expressly set forth herein, nothing contained in this Agreement or the Auntie Anne’s Online Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Auntie Anne’s or such third party that may own the Material or intellectual property displayed on the Auntie Anne’s Online Services. Auntie Anne’s may add, change, discontinue, remove, or suspend the display of or access to any of the Material at any time, without notice and without liability. Linking, or any other manner of incorporating the whole or parts of the Sites and Apps, including the framing of Sites and Apps by sites or site elements controlled by third parties, is strictly prohibited.

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NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Auntie Anne’s Online Services, you warrant to Auntie Anne’s that you will not use the Auntie Anne’s Online Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Auntie Anne’s Online Services in any manner which could damage, disable, overburden, or impair the Auntie Anne’s Online Services or interfere with any other party’s use and enjoyment of the Auntie Anne’s Online Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Auntie Anne’s Online Services.

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REGISTRATION

You need not register with Auntie Anne’s to simply visit and view the Sites or App and use many of the Services available on the Sites or App. However, Auntie Anne’s may from time to time require you to register for an account in order to access certain password-restricted areas of the Sites and Apps and to use certain services and materials offered on and through the Sites and Apps, including, without limitation, the Auntie Anne’s Rewards program. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Sites and Apps, including, without limitation, the Auntie Anne’s Rewards program. You agree that you will not provide any false personal information to the Sites or Apps or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile. If you select a username for your account, you will not incorporate any third-party intellectual property into your username, and we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a celebrity or trademark owner complains about a username). Auntie Anne’s shall have the right to approve or reject any requested account, in Auntie Anne’s’ discretion. If your account is approved, you will be permitted to log in to the applicable Site, App, or Service using the password you select. You may not permit anyone other than yourself to use your username or password to gain access to the Site, App, or Service. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are responsible for all activities that occur using your username and password.

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COMMUNICATION SERVICES; SUBMISSIONS AND UNAUTHORIZED CONDUCT

The Sites and Apps may contain bulletin board services, chat areas, news groups, forums, communities, guest satisfaction surveys, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Auntie Anne’s, the public at large, or within a group (collectively, “Communication Services”). As used in these Terms of Use, the term Auntie Anne’s Online Services shall include Communication Services. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards, or other information communicated to Auntie Anne’s through the Sites and Apps, via the Communication Services or otherwise (each, a “Submission”), will forever be the property of Auntie Anne’s, except as otherwise expressly stated by Auntie Anne’s in connection with a specific Submission. Auntie Anne’s will treat any Submission as nonproprietary and non-confidential. By posting, uploading, inputting, providing, or submitting your Submission you acknowledge that you and not Auntie Anne’s have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions. Except as otherwise expressly stated by Auntie Anne’s in connection with a specific Submission, anything you transmit or post becomes the property of Auntie Anne’s and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing.

No compensation will be paid with respect to the use of your Submission, as provided herein. Auntie Anne’s is under no obligation to post or use any Submission you may provide and may, in Auntie Anne’s sole discretion, remove any Submission at any time, for any reason, without notice to you.

When using the Auntie Anne’s Online Services and/or making a Submission, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Auntie Anne’s Online Services, or another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Site, App, or Service specifically allows such messages
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Download any file posted by another user of a Site, App, or Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Sites, Apps, and Services, or any part thereof.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Site, App, or Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Auntie Anne’s has no obligation to monitor, police, or remove any Submissions. However, Auntie Anne’s reserves the right in its sole discretion to review Submissions and to remove any materials at any time, for any reason, without notice to you. Auntie Anne’s assumes no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Sites or Apps, including in Submissions. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

Auntie Anne’s reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Auntie Anne’s sole discretion. Auntie Anne’s will fully cooperate with any law enforcement authorities or court order requesting or directing Auntie Anne’s to disclose the identity of anyone posting any such information or materials.

Auntie Anne’s reserves the right to terminate your access to any or all the Auntie Anne’s Online Services at any time without notice for any reason whatsoever.

Always use caution when giving out any personally identifying information about yourself or your children on or through the Auntie Anne’s Online Services. Auntie Anne’s does not control or endorse the content, messages, or information found in any Communication Service. Therefore, Auntie Anne’s specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Auntie Anne’s spokespersons, and their views do not necessarily reflect those of Auntie Anne’s.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

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USER GENERATED CONTENT

Any content you create, post, or make available to our Sites, Apps, or social networking/media pages or platforms (“Social Media Channels”), including, without limitation, photographs, text, images, graphics, video, one or more of the hashtag phrases associated with Auntie Anne’s (each, a “Hashtag Phrase”), or any combination thereof (collectively “User Generated Content”), may be available to all Users, and we cannot prevent such content from being used in a manner that violates these Terms of Use, applicable law, or your personal privacy. Current Auntie Anne’s Hashtag Phrases are provided in the Hashtag Phrases sub-section below. We may review such User Generated Content, remove it, or combine such User Generated Content with other information we have collected about you and use it as described in our Privacy Policy. All User Generated Content is subject to our Privacy Policy and, our California Privacy Policy (for California residents) in addition to these Terms of Use.

BY SUBMITTING USER GENERATED CONTENT, YOU ARE AGREEING TO THESE TERMS OF USE WITH RESPECT TO THE USER GENERATED CONTENT AND GRANTING AUNTIE ANNE’S AND ITS BUSINESS PARTNERS (AS DEFINED BELOW) THE RIGHT TO USE SUCH CONTENT ON ITS SITES, APPS, SOCIAL MEDIA CHANNELS, AND RETAILER WEBSITES, AS WELL AS IN OTHER FORMS, MEDIUMS, AND/OR DISTRIBUTION METHODS, AS DESCRIBED BELOW, INDEFINITELY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT SUBMIT USER GENERATED CONTENT.

Use of User Generated Content

By posting User Generated Content to one of our Sites, Apps, or Social Media Channels, or by using our Hashtag Phrase in such content or including our Hashtag Phrase when replying to our message to you requesting the right to use your User Generated Content, you hereby grant to Auntie Anne’s and our customers, vendors, service providers, licensors, licensees, successors, and assigns (collectively “Business Partners” and together with Auntie Anne’s and any of their licensees, the “Licensees”) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to (i) use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit, and distribute your User Generated Content, or any portion thereof, in any form, medium, or distribution method now known or hereafter existing, known or developed, for any purpose, at Auntie Anne’s’ sole discretion, including, without limitation, any purpose relating to the marketing, advertising, and promotion of Auntie Anne’s’ goods and services; and (ii) authorize any such use by others of your User Generated Content, or any portion thereof, in the same manner. Said uses may include, but are not limited to, posting your User Generated Content on any Site, App, or Social Media Channels, transmitting your User Generated Content to consumers via e-mail, or reproducing or displaying the User Generated Content on computers and mobile devices. To the maximum extent permitted by law, you waive and agree not to assert any and all copyright rights, moral rights, or rights of attribution and integrity in your User Generated Content, if any, against the Licensees. Any Licensee, at its sole discretion, may modify or adapt your User Generated Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to the User Generated Content as necessary to conform and adapt it to any requirements or limitations of any networks, devices, services, or media. Auntie Anne’s agrees to use any personally identifiable information contained in any of your User Generated Content in accordance with our Privacy Policy and California Privacy Policy (for California residents).

You will retain all ownership of the User Generated Content (subject to the license granted herein). Any Licensee shall have the right, but not the obligation, to use your name or username, and, if provided in connection with the User Generated Content, real name, image, likeness, caption, location information, or other identifying information, in connection with any permitted use of the User Generated Content.

By approving the use of the User Generated Content, you waive (i) any right to review, inspect, or approve the use of such content in any format or media, whether that use is known to you or not; and (ii) any right to royalties or other compensation arising from or related to the use of such content.

Your Obligations and Promises to Auntie Anne’s with Respect to User Generated Content

You may not upload, post, or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy, or publicity rights or any other harm resulting from any User Generated Content that you provide.

You represent and warrant that: (i) you (and any other person appearing in the User Generated Content, if any) are at least 18 years old or the age of majority, whichever is older, in your state and/or country of residence; (ii) you have full right and authority to enter into this agreement; (iii) neither your User Generated Content, nor the use of such content as permitted in these Terms of Use, will infringe upon, misappropriate, or violate any laws or the intellectual property, privacy, publicity, statutory, contractual, personal, or other rights of any person or entity; (iv) neither you nor any person appearing in the User Generated Content is an employee, consultant, brand ambassador, or is otherwise materially related to Auntie Anne’s; (v) Auntie Anne’s has not compensated you for the User Generated Content; and (vi) you own or have obtained all necessary rights and permissions to grant the rights granted herein, including, without limitation, all rights, or permissions from the creators of the User Generated Content or any individual(s) appearing in such content, and no payment of any kind is due to any third party for the use of such content as set forth herein.

Hashtag Phrases

Our current Hashtag Phrases include, without limitation, the following, which list may be updated any time and from time to time, by us without notice to you: #AuntieAnnes; #NationalPretzelDay; #NationalAuntieDay; #NationalAuntieAnnesDay; #PretzelTruck; #IFoundThePretzelTruck; #GetThatDough; #TwistItUp; #TwistUpYourDay; and #GetTwisted.

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IDEA SUBMISSIONS

Auntie Anne’s and its employees do not consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans, or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (collectively, “Idea Submissions”) in any form to Auntie Anne’s or any of its employees. The chief purpose of this policy is to avoid potential misunderstandings or disputes when Auntie Anne’s products or marketing strategies might seem like ideas submitted to Auntie Anne’s. If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:

You agree that: (i) your Idea Submission(s) and their contents will automatically become the property of Auntie Anne’s, without any compensation to you; (ii) Auntie Anne’s may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way; (iii) there is no obligation for Auntie Anne’s to review or use Idea Submission(s); and (iv) there is no obligation to keep any Idea Submission(s) confidential.

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PROMOTIONAL / ADDITIONAL FEATURES

From time to time, Auntie Anne’s may offer sweepstakes, contests, or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests, or promotions offered via the Auntie Anne’s Online Services may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest, or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register, and/or enter. By entering any such sweepstakes, contest, or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

When using the Sites, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the “Guidelines”). All these Guidelines are hereby incorporated by reference into these Terms of Use.

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NO RESALE/EXPLOITATION

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Auntie Anne’s Online Services for any commercial purpose.

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PRODUCT FEEDBACK

Auntie Anne’s welcomes your feedback regarding many areas of our business. If you want to send us your feedback, and we hope you do, we simply request that you use the Contact Us feature on this Site. Please provide only specific feedback on Auntie Anne’s existing products or marketing strategies. Any feedback you provide at this Site shall be deemed to be non-confidential. Auntie Anne’s shall be free to use such information on an unrestricted basis.

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GEOGRAPHIC RESTRICTIONS

Auntie Anne’s operates the Auntie Anne’s Online Services in the United States. We provide the Auntie Anne’s Online Services for use only by persons located in the United States. Auntie Anne’s makes no representation that the Auntie Anne’s Online Services, including the Sites, Materials, or merchandise offered for sale on the Sites and Apps and their copyrights, trademarks, patents, and licensing arrangements are appropriate or legal for use in locations other than the United States. If you access the Auntie Anne’s Online Services from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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JURISDICTION OF THE AUNTIE ANNE’S ONLINE SERVICES

Except as described otherwise, all materials in the Auntie Anne’s Online Services are made available only to provide information about Auntie Anne’s or Auntie Anne’s’ affiliate or subsidiary. Auntie Anne’s, or its designee, controls and operates the Auntie Anne’s Online Services from its headquarters in Atlanta, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use the Auntie Anne’s Online Services from other locations, you are responsible for compliance with applicable local laws.

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DISCLAIMER OF WARRANTIES

AUNTIE ANNE’S AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITES OR APPS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

AUNTIE ANNE’S AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE PROVIDE THE AUNTIE ANNE’S ONLINE SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. FOR EXAMPLE, (I) AUNTIE ANNE’S DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) AUNTIE ANNE’S NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITES AND APPS WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES; (III) AUNTIE ANNE’S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND APPS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (IV) AUNTIE ANNE’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SITES AND APPS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AUNTIE ANNE’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE DISCLAIMERS IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

The Sites and Apps contain downloadable materials as well as links to external websites. Auntie Anne’s is not responsible for, and has no control over, the content of such downloadable materials or external websites. The inclusion of any link to such websites does not imply endorsement by Auntie Anne’s of the websites. You understand that Auntie Anne’s cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Sites and Apps, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties.

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RESTRICTION OF LIABIILTY

Auntie Anne’s will not be liable for any damages or injury caused by the Auntie Anne’s Online Services, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUNTIE ANNE’S AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA, OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AUNTIE ANNE’S ONLINE SERVICES, WITH THE DELAY OR INABILITY TO USE THE AUNTIE ANNE’S ONLINE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE AUNTIE ANNE’S ONLINE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE AUNTIE ANNE’S ONLINE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF AUNTIE ANNE’S OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AUNTIE ANNE’S ONLINE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AUNTIE ANNE’S ONLINE SERVICES.

NEITHER AUNTIE ANNE’S (INCLUDING ITS AFFILIATES AND PERSONNEL) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE AUNTIE ANNE’S ONLINE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS OF USE, (II) THE USE OF OR INABILITY TO USE THE AUNTIE ANNE’S ONLINE SERVICES, OR (III) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF THE AUNTIE ANNE’S ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AUNTIE ANNE’S HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL AUNTIE ANNE’S’ AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF OR INABILITY TO USE THE AUNTIE ANNE’S ONLINE SERVICES, EXCEED THE AMOUNT YOU PAID TO AUNTIE ANNE’S DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

YOU MUST PROVIDE NOTICE OF ANY CLAIM OR DISPUTE TO AUNTIE ANNE’S WITHIN 12-MONTHS OF WHEN IT ACCRUED OR IT IS FOREVER WAIVED AND TIME BARRED.

THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND AUNTIE ANNE’S. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

BY ACCESSING THE AUNTIE ANNE’S ONLINE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

The material, software, products, and Services in the Sites and Apps, or available through the Sites and Apps, may include technical inaccuracies or typographical errors. Auntie Anne’s is not responsible if information made available through the Auntie Anne’s Online Services is not accurate, complete, or current. The material on the Auntie Anne’s Online Services is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete, or timelier sources of information. Any reliance on or use of the material and Services on the Sites and Apps is at your sole and exclusive risk. The Sites and Apps may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Auntie Anne’s may make changes or improvements at any time. ADVICE RECEIVED VIA THE SITES AND APPS SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

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EMPLOYMENT

Auntie Anne’s and its employees do not accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position. Auntie Anne’s is an equal opportunity employer committed to a diverse workforce. Auntie Anne’s’ independent franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.

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INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, DEFEND (AT AUNTIE ANNE’S’ OPTION), INDEMNIFY, AND HOLD AUNTIE ANNE’S HARMLESS FROM AND AGAINST ANY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, AND RELATED EXPENSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) YOUR BREACH OF THESE TERMS OF USE (INCLUDING ANY SUPPLEMENTAL OR ADDITIONAL TERMS THAT APPLY TO A SERVICE); (II) YOUR FRUSTRATION OF PURPOSE OF THE AUNTIE ANNE’S ONLINE SERVICES OR ANY PROVISION OF THESE TERMS OF USE; (III) YOUR USE OF THE AUNTIE ANNE’S ONLINE SERVICES IN VIOLATION OF THESE TERMS OF USE; (IV) INFORMATION POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY, OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; (V) ANY MISREPRESENTATION MADE BY YOU; AND (VI) YOUR BREACH OF ANY OTHER LAWS OR REGULATIONS. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN AUNTIE ANNE’S’ DEFENSE OF ANY CLAIM. AUNTIE ANNE’S RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF AUNTIE ANNE’S.

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TERMINATION

You understand and agree that Auntie Anne’s may, in its sole discretion and at any time, terminate your password, account, or use of any part of the Auntie Anne’s Online Services, and discard and remove and permanently delete any content posted or submitted by you to any part of the Auntie Anne’s Online Services, and/or prohibit you from accessing the Auntie Anne’s Online Services, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Auntie Anne’s may take any one or more of these actions without prior notice to you. Should Auntie Anne’s take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that Auntie Anne’s shall not have any liability to you or any other person for any termination of your access to any portion of the Auntie Anne’s Online Services, or the removal of any of your content. Auntie Anne’s will determine your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Auntie Anne’s Online Services and may be referred to law enforcement authorities, if appropriate. No changes to or waiver of any part of these Terms of Use shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Auntie Anne’s. Upon termination of your account or access to the Auntie Anne’s Online Services, or upon demand by Auntie Anne’s, you must destroy all materials obtained from the Auntie Anne’s Online Services and all related documentation and all copies and installations thereof. If we disable your account, you agree that you will not create another account without our permission.

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All trademarks used herein are owned by Auntie Anne’s unless otherwise stated. All other third-party trademarks used on the Sites and Apps are the property of their respective owners and used under license by Auntie Anne’s. Any rights not expressly granted herein are reserved.

All contents of the Auntie Anne’s Online Services are copyrighted by Auntie Anne’s. All Rights Reserved.

Auntie Anne’s respects the intellectual property rights of others, and we ask you to do the same. Auntie Anne’s may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Auntie Anne’s Online Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on any Site, App, or Auntie Anne’s Social Media Channels please provide Auntie Anne’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site or App, and information reasonably sufficient to permit Auntie Anne’s to locate the material.
  • Information reasonably sufficient to permit Auntie Anne’s to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Auntie Anne’s’ designated agent for notice of claims of copyright or trademark infringement can be reached as follows:

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Auntie Anne’s designated agent that includes all the following information:

  1. Your physical or electronic signature;
  2. 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;
  3. A statement from you under the 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; and
  4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a 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 Auntie Anne’s may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Auntie Anne’s reserves the right, in its sole discretion, to terminate the account or access of any user of our Auntie Anne’s Online Services who is the subject of repeated DMCA or other infringement notifications.

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PATENT INFORMATION

Portions of the Auntie Anne’s website are licensed under U.S. Patent No. 5,930,474.

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DISPUTE RESOLUTION (MANDATORY INDIVIDUAL ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER)

Please Read This Section Carefully. It Affects Your Legal Rights.

Mandatory Individual Arbitration

Application. The Arbitration Agreement in the Dispute Resolution section only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Auntie Anne’s in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this “Dispute Resolution (Mandatory Individual Arbitration; Class Action Waiver; Jury Trial Waiver)” section (“Dispute Resolution Section”) applies to you.

Overview of Dispute Resolution Process. Auntie Anne’s is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms of Use provide for a two-part process for resolving any Disputes (defined below) that might arise between you and us: (i) an informal negotiation directly with Auntie Anne’s (described in the “Mandatory Pre-Arbitration Dispute Resolution and Notification” section below); and, if necessary (ii) a binding individual arbitration administered by the National Arbitration and Mediation (“NAM”) (subject to the exceptions to arbitration referenced below) or a small claims court proceeding. As set forth below, you and Auntie Anne’s each retain the right to seek relief and to elect to have a Dispute heard in small claims court as an alternative to arbitration.

Mandatory Pre-Arbitration Dispute Resolution and Notification Process. 60 days prior to initiating an arbitration or small claims court proceeding, you and Auntie Anne’s each agree that the party interested in pursuing a Dispute shall notify the other party of the Dispute in a written notice and attempt in good faith to resolve the Dispute informally. If you have the Dispute with us, you must send your notice to Auntie Anne’s by emailing it to privacy@auntieannes.com. If we have the Dispute with you, Auntie Anne’s must send its notice to the last known contact information we have on file for you. A notice must include all of the following information: (i) information sufficient to identify any transaction and account at issue; (ii) the initiating party’s contact information (including name, address, telephone number, and email address) (and the contact information for the initiating party’s counsel, if represented); and (iii) a detailed description of the nature and basis of the Dispute and the relief sought, including a detailed calculation for it. The notice must be personally signed by the initiating party (and their counsel, if represented). 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 an Auntie Anne’s 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 Pre-Arbitration Dispute Resolution and Notification Process (“Process”) is a condition precedent to initiating a claim in arbitration or small claims court. 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. 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) shall be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration or a small claims court proceeding if the Dispute is not resolved through this Process.

Agreement to Arbitrate. Any dispute or claim arising out of or relating to the Terms (including the Terms of Use), your use of the Auntie Anne’s Online Services, products offered, sold, or distributed by us, your relationship with Auntie Anne’s or with any past, present, or future subsidiary, parent, affiliate, brand, agent, representative, employee, officer, or director, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, (“Dispute”) will be resolved through binding individual arbitration, except (i) either you or Auntie Anne’s may initiate in or take a Dispute to small claims court provided it isn’t removed or appealed to a court of general jurisdiction; and (ii) as otherwise expressly provided herein. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to decide. Dispute shall include, but not be limited to: (i) 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); (ii) 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 (iii) any dispute or claim that may arise after termination of these Terms of Use and our relationship with you. Dispute, however, does not include (i) disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property; and (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack). The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (i) issues that are reserved for a court in these Terms of Use; (ii) 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 (iii) issues that relate to the arbitrability of any Dispute. A court of competent jurisdiction shall have the non-exclusive, limited authority to decide if a Dispute is time-barred under contractual or statutory limitations periods or if a demand for arbitration has been authorized by the claimant. 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 Auntie Anne’s 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 U.S. federal arbitration law and not state arbitration law. Except as otherwise provided herein (i.e., as to the waiver of class relief and the Additional Procedures for Mass Arbitration), in the event that any portion of this arbitration agreement is deemed unenforceable as to your Dispute, such provision will be severed and the remainder of the arbitration agreement will be given full force and effect.

Arbitration Procedures.. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. Except as modified by these Terms of Use, NAM shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”). The NAM Rules and fee information are available at www.namadr.com or by contacting NAM. If NAM is unable or unwilling to administer the arbitration consistent with these Terms of Use, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an alternate administrator that will do so. You and Auntie Anne’s agree that it is a material breach of these Terms of Use to seek to initiate the arbitration with any administrator other than NAM (or an alternative administrator agreed to by the parties or appointed by the court if NAM is unable or unwilling to administer the arbitration consistent with these Terms of Use as referenced above). The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the NAM Rules and this arbitration agreement. You may obtain a form to initiate arbitration at www.namadr.com or by contacting NAM. If you are initiating arbitration, you shall serve the demand for arbitration on Auntie Anne’s via Auntie Anne’s Franchisor SPV LLC ATTN: GENERAL COUNSEL 5620 Glenridge Drive NE Atlanta, GA 30342. If Auntie Anne’s is initiating arbitration, we shall serve the demand for arbitration on you at the most recent contact information we have on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the Process referenced above; and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would. The arbitrator has the authority to follow and enforce these Terms of Use as a court would. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or solely through written submissions, except the respondent in any arbitration where the claimant is seeking $10,000 or more or injunctive relief shall have the right to elect an in-person, video, or phone hearing. You and we reserve the right to request a hearing in any matter from the arbitrator. You and an Auntie Anne’s 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 reasonably convenient 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 permitted 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. 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. If this prohibition on class arbitration (bolded above), which is an essential part of this arbitration agreement, is found to be unenforceable as to your Dispute, then the entirety of this arbitration agreement shall be null and void, and neither Auntie Anne’s nor you shall be entitled to arbitrate the Dispute and it shall instead proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use. 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 a court of competent jurisdiction, except an award that has been satisfied may not be entered in any court. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

Arbitration Costs.. Payment of arbitration fees will be governed by the NAM 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 and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains economical and cost-effective for all parties.

Additional Procedures for Mass Arbitration. – You and Auntie Anne’s agree that these Additional Procedures for Mass Arbitration shall also apply if you (or your counsel, if represented) choose to bring your claim as part of a Mass Filing (defined below). If 25 or more similar Disputes (including yours) are asserted against Auntie Anne’s by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), you understand and agree that these Additional Procedures for Mass Arbitration will also apply and that they are designed to (i) efficiently lead to the streamlined resolution of claims; (ii) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (iii) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as part of a Mass Filing that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. 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 NAM’s resources. If you choose to bring your Dispute as part of a Mass 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 NAM 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 these procedures. If at least 200 Disputes are submitted as part of the Mass Filing, counsel for the claimants and counsel for Auntie Anne’s shall each select 100 Disputes to proceed as cases in individual arbitrations as part of this process (either or both parties may choose to have their selections made randomly). The number of Disputes to be selected to proceed may be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually). Each of the 200 (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 this process. 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 these 200 (or fewer) individual arbitrations are adjudicated through award, 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 and Auntie Anne’s shall pay the mediator’s fee. Upon the completion of this mediation (and assuming counsel for the parties do not jointly agree to continue engagement through further mediation or otherwise), each remaining Dispute (if any) that is part of the Mass Filing and this global mediation session that is not settled or 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 to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in this paragraph (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 Mass Arbitration provision, including the power to enjoin the filing or prosecution of arbitrations. The Additional Procedures for Mass Arbitration 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 Mass Arbitration apply to your Dispute and are unenforceable, then you understand and agree that 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.

Opt Out of Arbitration. Notwithstanding the foregoing, you may choose to opt-out of the arbitration agreement the first time you become a party to the Terms of Use or any agreement with Auntie Anne’s or any subsidiary, parent, affiliate, or brand that contains an arbitration agreement. Such an opt-out must be received by us within 30 days after the date you first are presented with an arbitration agreement (the “Opt-Out Deadline”). In order to opt-out, you must send us a personally signed, written notice to Auntie Anne’s Franchisor SPV LLC ATTN: GENERAL COUNSEL 5620 Glenridge Drive NE Atlanta, GA 30342that includes (i) your full name; (ii) your address (including street address, city, state, and zip/postal code); (iii) the email address(es) associated with your Auntie Anne’s account, if any, or another email address associated with you; and (iv) a statement that you do not wish to resolve Disputes with Auntie Anne’s through arbitration. This procedure is the only way you can opt-out of the arbitration agreement. Any opt-out request received after the Opt-Out Deadline will not be valid. If you opt-out of the arbitration agreement, all other provisions of the Terms of Use will continue to apply to you, including the remaining provisions of the Dispute Resolution section (i.e., Class Action Waiver and Jury Trial Waiver) and the below venue clause specifying Atlanta, Georgia and the governing law provision referencing Georgia law.

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 to this arbitration agreement by sending a personally signed, written notice to Auntie Anne’s Franchisor SPV LLC ATTN: GENERAL COUNSEL 5620 Glenridge Drive NE Atlanta, GA 30342that includes (i) your full name; (ii) your address (including street address, city, state, and zip/postal code); (iii) the email address(es) associated with your Auntie Anne’s account, if any, or another email address associated with you; (iv) the date of the notice; and (v) a statement that you do not wish to resolve Disputes with Auntie Anne’s through the updated arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between you and Auntie Anne’s in accordance with this version of the arbitration agreement.

Class Action Waiver

You and we each agree that any proceeding, whether in arbitration or in court, shall 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 permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

Jury Trial Waiver

To the fullest extent permitted by applicable law, you and Auntie Anne’s waive the right to a jury trial.

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GOVERNING LAW AND VENUE

These Terms of Use (including the construction, validity, interpretation, and enforceability of these Terms) and use of the Auntie Anne’s Online Services are governed by the Federal Arbitration Act and federal arbitration law (as referenced above) and the laws of the state of Georgia without regard to conflict of laws rules.

If the arbitration agreement is ever deemed unenforceable or void as to your Dispute, or a Dispute between the parties is not subject to arbitration or small claims court, you irrevocably consent to the exclusive jurisdiction of the federal, state, and local courts that encompass Atlanta, Georgia for purposes of any legal action arising out of or related to the a Dispute or these Terms, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum; or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.

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MISCELLANEOUS

Interpreting these Terms of Use. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms of Use (including those items incorporated by reference) constitute the entire agreement between Auntie Anne’s and you pertaining to your access to or use of the Auntie Anne’s Online Services and supersede any and all prior oral or written understandings or agreements between Auntie Anne’s and you. These Terms of Use do not and are not intended to confer any rights or remedies upon anyone other than you and Auntie Anne’s. If any provision of these Terms of Use is held to be invalid or unenforceable, except as otherwise provided herein, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms of Use it connotes an obligation with the same meaning as “shall.”

No Waiver. Auntie Anne’s’ failure to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise permitted under law.

Entire Agreement. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. Any failure to enforce any provision of these Terms of Use shall not constitute a waiver thereof or of any other provision thereof.

Injunctive Relief. You acknowledge that any breach of this agreement would cause Auntie Anne’s irreparable injury, such that Auntie Anne’s would have no adequate remedy at law. You agree that in the event of such breach, Auntie Anne’s shall be entitled to injunctive relief in addition to any other remedies it may have at law or equity, without the requirement of posting a bond.

Survival.. The Dispute Resolution, Governing Law and Venue, Restriction of Liability, Indemnification, Dispute Resolution and Miscellaneous Sections will survive any termination of these Terms of Use and will continue to apply even if you stop using the Auntie Anne’s Online Services or terminate your Auntie Anne’s account, if any.

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INQUIRIES

Please direct all inquiries related to these Terms of Use through Contact Us link or to:

  • Auntie Anne’s Franchisor SPV LLC
  • ATTN: GENERAL COUNSEL
  • 5620 Glenridge Drive NE
  • Atlanta, GA 30342
  • (404) 205-3250
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AUNTIE ANNE’S REWARDS PROGRAM & AUNTIE ANNE’S APP TERMS & CONDITIONS

Last Updated: April 16, 2024.

THESE TERMS AND CONDITIONS (THE “AUNTIE ANNE’S REWARDS TERMS”) GOVERN THE AUNTIE ANNE’S REWARDS PROGRAM (THE “PROGRAM”) AND AUNTIE ANNE’S APP (THE “APP”).

PLEASE READ THESE AUNTIE ANNE’S REWARDS TERMS CAREFULLY AND THE RELATED AUNTIE ANNE’S TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”) AND THE AUNTIE ANNE’S PRIVACY POLICY LOCATED AT: https://www.auntieannes.com/privacy, (BOTH OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE) BEFORE PARTICIPATING IN THE PROGRAM. In its sole and absolute discretion, Auntie Anne’s may change, modify, or terminate any and all aspects of the Program including, without limitation, its rules, terms, conditions, or rewards, with or without notice. Such changes may or may not affect previously earned Rewards.

BY ACCESSING OR USING THIS APP AND/OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THE AUNTIE ANNE’S REWARDS TERMS, INCLUDING WITHOUT LIMITATION, THE DISPUTE RESOLUTION SECTION (INFORMAL DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER) INCLUDED IN THE TERMS OF USE. THIS AFFECTS YOUR RIGHTS ON HOW TO RESOLVE DISPUTES WITH AUNTIE ANNE’S. IF YOU DO NOT AGREE TO ALL OF THESE AUNTIE ANNE’S REWARDS TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

TABLE OF CONTENTS

INTRODUCTION

The Program is an electronic rewards program operated by or on behalf of Auntie Anne’s Franchisor SPV LLC, and/or its parents, affiliates, subsidiaries, and licensees (collectively, “Auntie Anne’s”). The Program provides eligible Auntie Anne’s account holders who register for the Program through https://www.auntieannes.com/ (the “Website”) or the App (“Members” or “you”) with the opportunity to earn “Points” by participating in various activities, some of which are described below. You can redeem your Points from time to time for various “Rewards” as set forth below. These Auntie Anne’s Rewards Terms govern the Program along with any other terms or policies incorporated by reference into these Auntie Anne’s Rewards Terms. In the event of any conflict or inconsistency between these Auntie Anne’s Rewards Terms and the terms of any other policies incorporated herein, these Auntie Anne’s Rewards Terms will prevail, govern and control with respect to any matters pertaining to the Program and the other policies will prevail, govern, and control with respect to all other matters. Please read these Auntie Anne’s Reward Terms carefully before participating in the Program. Your participation in the Program indicates that you have read, understood, and unconditionally consent and agree to these Auntie Anne’s Rewards Terms. If you do not agree to these Auntie Anne’s Rewards Terms, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms Auntie Anne’s or any other person or entity, as determined by Auntie Anne’s in its sole discretion.

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ELIGIBILITY.

The Program is open only to Auntie Anne’s account holders who are legal residents of the fifty (50) United States and the District of Columbia, who are thirteen (13) years of age or older and who register for the Program through the Website or App. Minors must have parental consent. Registration is free. Any person whose access to the Website or App has been terminated or suspended by Auntie Anne’s is NOT eligible to participate. To participate in the Program, go to the Website or download the App to your Android™ or iPhone® device and submit the information requested on the registration page and confirm your agreement to these Auntie Anne’s Rewards Terms. Once you complete and submit all the registration information, a Program account (each, an “Account”) will be created for you. All registration information must be completed in full. Memberships can only be used by the Member whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password. Limit one (1) Account per person. You cannot have more than one Account. Auntie Anne’s may, at any time, require you to verify your name and address by means of faxing, emailing, or mailing to Auntie Anne’s a copy of your driver’s license or other form of identification approved by Auntie Anne’s, in addition to providing Auntie Anne’s with a signed statement of legitimacy; and Auntie Anne’s may automatically require such verification in the case of multiple accounts from the same address, household, computer, or IP address. If you attempt to obtain more than one Account, all Points in your Account may be forfeited, and Auntie Anne’s may, at its sole discretion, terminate your membership and permanently ban you from participating in the Program. Officers, directors and employees of Auntie Anne’s and its parent, subsidiaries, divisions, and affiliates, (each, a “Program Entity,” and collectively, the “Program Entities”) may participate in the Program but may not be allowed to redeem Points for certain Rewards and may otherwise be subject to restrictions that do not generally apply to how Points are earned or used. Additional or different eligibility criteria may apply to certain opportunities to earn or use Points and other invitations made by the Program Entities or their business partners. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association, or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Points for combined use, unless such use is expressly permitted by Auntie Anne’s. Participation in the Program constitutes each Member’s permission for the Program Entities to use the Member’s first and last name, username, photograph, likeness, voice, biographical information, statements, address (city and state) and a description of any Rewards won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
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DEACTIVATE OR DELETE ACCOUNT; UNSUBSCRIBE FROM EMAILS.

Choosing Delete Account will result in deletion of all content, earned Points and Rewards, and other content associated with your Rewards account. Choosing Deactivate Account will place a temporary hold on your account so that you may not access any information or content from the account including earned Points or Rewards which are not voided but are subject to expiration. If you initiated the Deactivation, you may reactivate your account at any time by contacting Guest Relations. If you wish to access your Rewards and Points but do not wish to continue to receive marketing emails, you may unsubscribe from marketing emails by submitting your request through Contact Us, selecting “Unsubscribe from Emails” and entering your email. You may have the right under state law to request that we delete additional personal information we hold about you. Please see our Privacy Policy for more information, including how to submit a deletion request under your state’s privacy law. Please note that even if you choose to delete your account, we may be required to retain certain information to comply with applicable laws, rules, and regulations. To Deactivate or Delete your Account through the App:
  1. Log into your account from your smartphone.
  2. Go to Profile and Settings
  3. Choose Deactivate or Delete Account.
  4. Follow the steps provided.
To Deactivate or Delete your Account through the Website:
  1. Go to the “ Contact Us ” section of the Website.
  2. Choose “Technical Issue …” from the drop-down menu.
  3. Choose “Auntie Anne’s Reward Issue” from the drop-down menu.
  4. Type “Deactivate Account” or “Delete Account” in the text box, provide the email address associated with your account, and click the “Yes, either phone or email” opt in and click “Next”
  5. Fill out the information requirements including the phone number and/or email address associated with your Account and press “Finish.” 
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EARNING POINTS AND REWARDS.

Members have many ways to earn Points and Rewards in the Program. The Program may also award more than one type or “class” of Points. The number of Points and the type or “class” of Points that can be earned by participating in any opportunity to earn Points will be disclosed when the opportunity is presented. Some of the ways Members can earn Points and Rewards may include the following (subject to change):

  • Signing Up for a Program Account. Members can earn a Reward by completing and submitting their registration information for an Account via the App or Website and making a first purchase of $1.00 or more.
  • Purchasing Auntie Anne’s Products at Participating Auntie Anne’s Locations. Members can earn Points by visiting participating Auntie Anne’s retail stores in the United States and purchasing Auntie Anne’s products or by placing an order via the App or the Website at participating Auntie Anne’s retail stores in the United States on dine-in, carry-out, or delivery, or catering pick-up (excluding the purchase of gift cards). Members will receive ten (10) “Points” for each U.S. dollar spent on Auntie Anne’s Products (pre-taxes and fees, after applicable discounts, including Groupon or any other third party programs, rounded down to the nearest dollar), except during limited time promotions when Auntie Anne’s may offer “Bonus Points” on featured products and/or services. No partial Points will be earned for purchase amounts less than one (1) U.S. dollar. You cannot earn points on orders placed through third-party delivery providers, such as UberEats or DoorDash. Points can only be earned once in a two (2) hour period. Points are automatically added to a Member’s account when purchase is completed via the App or the Website. To earn Points for in-retail store purchases you can: (i) manually enter or scan the bar code on the receipt from your purchase with the built-in scanner in the App within three days of the purchase; (ii) scan the QR code on your smartphone at the time of purchase with the scanner at the check-out counter; or (iii) request the cashier look up your account via the phone number you used to sign up for the Program.
  • Referral Rewards. The Program allows Members to receive a Reward for referring friends who join the Auntie Anne’s Rewards Program and start earning points. Referrals are made by sharing the personalized Referral Code available in the App. Referral Rewards are issued once per referral and only after the referred friend becomes a Member and completes their first purchase.
  • Banked Reward. Upon reaching a certain number of Points determined by Auntie Anne’s at Auntie Anne’s sole discretion, Members receive a Banked Reward of one (1) free pretzel, (excluding Regular size Pretzel Nuggets, Pretzel Buckets, Snack Packs, and Catering items) at participating U.S. Auntie Anne’s retail stores. When redeeming the Banked Reward as part of an additional purchase, the Banked Reward coupon reward will remove the cost of the lowest priced pretzel off of the total purchase. The Banked Reward excludes buckets, catering products, beverages, dips, and combo deals (i.e., when two or more items are offered for one price). The Banked Reward is not valid on the same transaction that earned the Points and is valid commencing on the next visit only.
  • Surprise and Delight Rewards. The Program might provide Members with the opportunity to earn special surprise and delight Points and/or Rewards.
  • Birthday Rewards. The Program might provide Members with a special quantity of Points or a Reward on or around their birthday of record that was provided to Auntie Anne’s during the Account set-up (“Birthday Reward”). Once your birthday is set in your Account profile, it cannot be changed. To receive a Birthday Reward, Auntie Anne’s may require you to have been a Member for a certain amount of time prior to your birthday of record and/or meet certain minimum purchase or Points requirements.
  • Opt-in to Promotional Communications. The Program may provide Members with the opportunity to earn Points or Rewards in exchange for signing up to receive promotional and marketing offers from Auntie Anne’s.
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    POINTS AND REWARDS REDEMPTION.

    Members may redeem Points for products, discounts, coupons, merchandise, and other rewards as determined by Auntie Anne’s in its sole discretion (each, a “Reward”). Points and/or Rewards may expire if not used by a date specified by Auntie Anne’s, further details are provided on the Website or App on a reward-specific basis. The Service Fee (defined below) will be charged on each Reward redemption for orders placed via the Website or App. In-restaurant redemption of a Reward is not subject to the Service Fee. For all orders other fees and taxes may be imposed. See the checkout screen in the Website or App or ask the cashier for amounts and details. You may view your current earned Points or earned Rewards and their expiration date by logging into your Account. Auntie Anne’s, in its sole discretion, may impose a limit on the number of Points or Rewards in the aggregate or by type that may earned or redeemed per Account, per day, per Reward, or per any other generally-applicable metric that may be selected by Auntie Anne’s from time to time in its sole discretion. Points are not valid on the same transaction that earned the Points and are valid commencing on the next store visit only as determined by Auntie Anne’s in its sole discretion.

    Auntie Anne’s reserves the right to remove points from any account that has been inactive for two (2) years. Inactivity means that no new Points have been earned.

    Rewards are subject to availability as determined by Auntie Anne’s in its sole discretion. The expiration date for a Reward, if any, will be disclosed when the Reward is presented and may vary for different categories of Rewards. Auntie Anne’s reserves the right to modify, amend, or revise the Rewards available. Members may not rely on continued Reward availability. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions and other terms and conditions associated with any Reward or its redemption may be imposed by Auntie Anne’s or its designee or the third party business partner supplying the Reward. Rewards are non-assignable and non-transferable and may not be bartered or sold. Any Rewards assigned, transferred, bartered, or sold in violation of these Auntie Anne’s Rewards Terms may be confiscated or cancelled. Physical Rewards (if any) will be shipped only to the United States address currently on file with Auntie Anne’s for the applicable Member’s Account and will not be shipped to any other person or address. A pattern of redeeming Points for Rewards preceded or followed by changing the address, email address, or telephone number for the applicable Account may be viewed as redemption fraud and could result in the termination of your membership in the Program. Auntie Anne’s reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Rewards (if any) will be fulfilled within six to eight weeks from date of redemption. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Program materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.

    All details and restrictions of the Rewards not specified at the time the redemption opportunity is presented will be determined by Auntie Anne’s in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes, and any reporting consequences thereof in connection with a Reward. If required by law, as determined by Auntie Anne’s in its sole discretion, Auntie Anne’s reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.

    Points and Rewards have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned, or used to engage in any gambling activity. Any Points or Rewards obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Points and Rewards may be confiscated or cancelled. Points and Rewards must be redeemed in accordance with these Auntie Anne’s Reward Terms. Points and Rewards will not be replaced, reissued, or credited if lost, stolen, or otherwise altered or destroyed. If the Program includes tiers that provide the Member with benefits based on meeting a stated minimum threshold number of Points (each such tier, if any, referred to as “Points Level”), you should know that Points Levels are subject to change. Auntie Anne’s, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw, or cancel any Points Level. Auntie Anne’s also reserves the right, in its sole discretion, to determine and modify, at any time, the value of Points and the number of Points or the type of Reward that may be earned for any given activity. Rewards cannot be used in combination with any other discount, coupon, or offer unless specifically allowed by the terms of a specific promotion. Rewards are not available with third-party delivery. Once you have redeemed your Points or Rewards, they are gone and there are no refunds, returns, or exchanges for additional Points, Rewards, cash, or other goods and services, even if you return the products, merchandise or other item(s) that your Points or Rewards were redeemed toward.

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    MODIFICATION AND TERMINATION.

    Auntie Anne’s may modify any of these Auntie Anne’s Rewards Terms, including, but not limited to, the methods through which Points or Rewards can be earned, how Points or Rewards can be used, the types or “classes” of Points available, and the conditions under which Points or Rewards may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member’s ability to use the Points or Rewards that the Member has already earned. The Program has no predetermined termination date and may continue until such time as Auntie Anne’s decides to terminate the Program. Auntie Anne’s may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Website, in the App and/or via email to the Member’s email address currently on file with Auntie Anne’s for their Account.

    If Auntie Anne’s amends these Rewards Terms, it will revise the “last updated” date located at the top of these Auntie Anne’s Rewards Terms. For changes to these Auntie Anne’s Rewards Terms that Auntie Anne’s considers to be material, Auntie Anne’s may place a notice in the App or Website by revising the link on the home page to read substantially as “Updated Auntie Anne’s Rewards Terms and Conditions” for an amount of time that we determine in our discretion. If you continue to participate in the Program by earning Points or Rewards, redeeming Points or Rewards, logging onto your Account or in any other way after these Auntie Anne’s Rewards Terms have been changed, you will be deemed to have read, understood, and unconditionally consented to and agreed to such changes. The most current version of these Auntie Anne’s Rewards Terms will be available on the Website and will supersede all previous versions of these Auntie Anne’s Rewards Terms.

    If Auntie Anne’s decides in its sole discretion to discontinue the Program, Members will have approximately thirty (30) days or an amount of time deemed reasonable by Auntie Anne’s in its sole discretion from the date Program termination is announced to use their remaining Points or Rewards. Use of any remaining Points or Rewards will be on a first come, first serve basis and otherwise subject to the availability of Rewards. Members may not rely on continued Points or Reward availability. Auntie Anne’s makes no representation or warranty about the number or type of Rewards that may be available after Program termination has been announced, and many Rewards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announce. Any Points or Rewards remaining in a Member’s Account at the time of termination will be forfeited and no compensation will be provided. Auntie Anne’s may cancel your membership, cancel accumulated Points or Rewards, alter the number of Points or Rewards in your Account or suspend your membership privileges at any time with immediate effect if Auntie Anne’s determines in its sole discretion that you (i) have acted in a manner inconsistent with applicable laws or ordinances; (ii) acted in a fraudulent or abusive manner; (iii) breached any of these Auntie Anne’s Rewards Terms; (iv) engaged in any fraud or abuse concerning Points or Rewards, Points/Rewards usage or Points/Rewards redemption; or (v) engaged in any conduct or act that causes Auntie Anne’s to terminate or suspend your access to your Account. Auntie Anne’s may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Auntie Anne’s Rewards Terms shall limit Auntie Anne’s in its exercise of any legal or equitable rights or remedies.

    Auntie Anne’s reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to earn Points for two (2) years or with such regularity deemed sufficient by Auntie Anne’s and announced from time to time on the Website. Auntie Anne’s in its sole discretion may allow Members to prevent their Points from expiring by following Auntie Anne’s’ instructions.

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    ELECTRONIC COMMUNICATIONS.

    When you visit the Website, App, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including targeted emails, surveys, promotional offers and for other general business purposes. We will communicate with you by e-mail or by posting notices in the App including push notifications. 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 as described in these Auntie Anne’s Rewards Terms. We reserve the right to send you emails for non-marketing purposes even if you opt out of marketing communications. You may opt out of receiving marketing emails at any time.

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    PHONE COMMUNICATIONS

    If you provide us your mobile number and sign-up to receive promotional calls or text messages from us, you have provided your prior express consent for such calls and/or text messages and, more specifically, have consented to receive autodialed and/or sequenced texts containing marketing information at the mobile number you provided when you created an Account.  This consent is not a condition of purchase.  Message and data rates may apply for any text messages sent to you from us and to us from you. Neither Auntie Anne’s nor carriers are liable for delayed or undelivered messages. The number of text messages we send you will depend on your purchases through and participation in the Program. You may opt-out of SMS marketing messages from us at any time by replying “STOP” or “CANCEL” to any text message we have sent. You may text “HELP” for help at any time. For additional support, please use the Contact Us link on the Website. You may also update your message preferences in the App. We may send you a final text to confirm your opt-out from marketing texts.  You agree that we may still contact your phone number for non-marketing purposes (i.e., order confirmations, delivery updates) even if you opt out of marketing communications. 

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    GENERAL TERMS AND CONDITIONS.

    ACCRUED POINTS AND REWARDS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS AND REWARDS ARE CREDITS THAT AUNTIE ANNE’S MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS AND REWARDS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in the Member’s Account is accurate and is kept current. If a Member believes that the Member’s Account does not properly reflect Points or Rewards earned from engaging in any activities, the Member must contact Auntie Anne’s to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Auntie Anne’s reserves the right to seek damages from any such person to the fullest extent permitted by law. Auntie Anne’s’ failure to enforce any of these Auntie Anne’s Rewards Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual’s eligibility for the Program, the earning, crediting, or use of Points or Rewards, or a Member’s compliance with these Auntie Anne’s Rewards Terms will be resolved by Auntie Anne’s in its sole discretion.

    The Service Fee has been instituted to subsidize the development and maintenance of the Website and the App. When these services are used a Service Fee will be charged.

    Choosing Delivery through the Website or App will result in the Convenience Fee in addition to the Delivery Fee. The Convenience Fee enables a convenient delivery experience. Any fee will be listed on the checkout screen prior to completing your purchase.

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    PROGRAM MALFUNCTIONS AND CONDUCT.

    The Program Entities are not responsible for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points or Rewards. In no event will Program Entities be liable for, and members expressly release the Program Entities from any claims as to the issuance of any unintended Points or Rewards. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Auntie Anne’s which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, Auntie Anne’s reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Auntie Anne’s deems appropriate. In the event Auntie Anne’s is prevented from continuing with the Program as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak, or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared, or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Auntie Anne’s’ control (each a “Force Majeure” event or occurrence), Auntie Anne’s shall have the right to modify, suspend, or terminate the Program, in whole or in part.

    Any attempts by any Member to access the Program, Website, or the App via a bot script or other brute-force attack shall result in that Member becoming ineligible to participate in the Program. Auntie Anne’s, in its sole discretion, reserves the right to disqualify and terminate participation of any Member found to be (i) tampering with the operation of the Program, Website, or the App; (ii) acting in violation of these Auntie Anne’s Rewards Terms; (iii) violating the Terms of Use; (iv) acting in an unethical or disruptive manner; (v) acting with intent to annoy, abuse, threaten, or harass Auntie Anne’s, its representatives or any other Member in any manner related to the Program; (vi) or tampering with, altering, or attempting to alter Points standings; (vii) tampering with, altering, attempting to alter, creating, attempting to create, or duplicate Points or Rewards; or (viii) colluding or attempting to collude with one or more Members to gain an unfair advantage by sharing knowledge or other information in order to earn Points or Rewards.

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    NO WARRANTY; LIMITATION OF LIABILITY.

    This Program, the Website, and the App are provided on an “AS IS” basis and without warranty, guaranty, or representation of any kind, expressed, or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement. Auntie Anne’s is not responsible for any assurances, guarantees, representations, or warranties made or implied by any parties associated with or involved in this Program, including, but not limited to, any merchandisers, manufactures, suppliers, or advertisers of Reward. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless the Program Entities, from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member’s Account by any third party. Participating Auntie Anne’s locations may be independently owned and operated. For that reason, Auntie Anne’s makes no guarantees, warranties, or representations of any kind, express or implied, with respect to Points or Rewards redemptions or the products supplied by such independently owned and operated Auntie Anne’s locations, and shall not be liable for any loss, expense, accident, or inconvenience that may arise in connection with the use of such items.

    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT AUNTIE ANNE’S HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS OR REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION, OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT.”

    Notwithstanding any other provision of these Auntie Anne’s Rewards Terms, in the event there is a direct conflict between these Auntie Anne’s Rewards Terms and the Terms of Use, or Privacy Policy, these Auntie Anne’s Rewards Terms will govern, control, and prevail as to the Program, including, but not limited to, those Auntie Anne’s Rewards Terms dealing with the accrual and redemption of Points or Rewards, limitation of liability, and governing law.

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    PRIVACY.

    Unless otherwise indicated in these Auntie Anne’s Rewards Terms, by registering for and/or otherwise participating in the Program and the App, Members agree that Auntie Anne’s will use the personal information collected about them in connection with the Program as set forth in Auntie Anne’s’ Privacy Policy, and California Privacy Policy and Financial Incentive Notice.

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    SEVERABILITY.

    If any provision of these Auntie Anne’s Rewards Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Auntie Anne’s Rewards Terms, which will otherwise remain in full force and effect.

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stay connected

Download the Auntie Anne’s Rewards App

  • Download the Pretzel Perks app in the Apple app store, opens in a new window
  • Download the Pretzel Perks app in the Google Play store, opens in a new window

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