CRACKER BARREL REWARDS™ TERMS AND CONDITIONS

(EFFECTIVE DECEMBER 23, 2025)

PLEASE READ CAREFULLY. By accessing, enrolling and/or participating in this program, you agree to the following Terms and Conditions that govern the Cracker Barrel Rewards™ Program and all terms incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR PARTICIPATE IN THE CRACKER BARREL REWARDS™ PROGRAM. These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Cracker Barrel Old Country Store, Inc. (“Cracker Barrel”) for other products or services. Cracker Barrel Old Country Store, Inc.’s Terms of Use are incorporated herein, and if there is a conflict between the Terms of Use and these Terms and Conditions, the Terms of Use will control. Our Privacy Policy is incorporated into these Terms and Conditions and also governs your participation in the Cracker Barrel Rewards™ program. Please read the Privacy Policy carefully to understand how Cracker Barrel collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

Cracker Barrel Rewards™ (the "Program") is a loyalty program sponsored by Cracker Barrel and administered by Merkle, Inc. (“Merkle”) (collectively, “we” or “us,”) through which individuals (“Participants” or, individually, a “Participant” or “You” or “Your”) will have the opportunity to earn digital “Pegs” which can be redeemed for “Rewards” by dining in at Cracker Barrel Old Country Store® locations; by purchasing menu items To-Go or for curbside pickup; by purchasing catering orders; by making purchases of Cracker Barrel’s retail merchandise and by taking other actions we identify. Purchases may be made instore, on the www.crackerbarrel.com website (the “Website”) or in the Cracker Barrel Rewards app (the “App”). Participants may also have opportunities to earn Pegs through other methods as may be added from time to time. In order to participate, Participants must register for the Program on the Website, through the App or in-store. 

THESE TERMS ALSO CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW IN SECTION I, REQUIRES YOU TO ARBITRATE CLAIMS ARISING FROM THE PROGRAM THAT YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. THIS MEANS YOU CANNOT BRING CLAIMS AGAINST US IN COURT, AND THAT YOU AGREE TO A CLASS ACTION WAIVER IN ARBITRATION. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER CONTAINED IN SECTION I OF THESE TERMS BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THE PROGRAM.

You agree that we may provide updates, notices, disclosures and amendments to these Terms and Conditions, and other information relating to the Cracker Barrel Rewards™ Program by electronic means, including posting such information and materials online at https://crackerbarei.com/.

A. Eligibility & Registration

1. Eligibility: The Program is open to legal residents of the fifty (50) United States (and the District of Columbia) who are the age of majority (eighteen (18) years of age in most states, nineteen (19) years of age in Alabama and Nebraska) or older in their jurisdiction of residence at the time of entry. The Program is not targeted towards, nor intended for use by, anyone under the age of eighteen (18). Corporations or other entities or organizations of any kind are not eligible to participate in this Program. All aspects of the Program may not be available to employees of Merkle and its parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee. The Program is void where prohibited. 

2. Enrollment: Participants may enroll in the Program by any of the following methods:

a. Enroll In-Store: A Participant may enroll in-store (either at the Point of Sale or, where available, by working with a designated employee using a Cracker Barrel tablet) by providing their first name, last name, valid email address and telephone number in order to create an account (“Rewards Account”). The Participant will then receive an email message to the email address provided during enrollment confirming their registration for a Rewards Account that includes a hyperlink to these Terms and Conditions (“Confirmation Email”). IN ORDER TO CONTINUE PARTICIPATION IN THIS PROGRAM, PARTICIPANTS MUST AGREE TO THESE TERMS AND CONDITIONS. If You do not agree, You must unenroll in the Program within three (3) days of the date the Confirmation Email is sent by contacting Cracker Barrel Guest Relations (“Guest Relations”) through the online Contact Us form or by using the online chat, where Guest Relations representatives are available 8:00 a.m. – 5:00 p.m. CT, Monday – Friday, excluding holidays. You can also unenroll by deleting Your Rewards Account through Your profile on the App. To create an online account after enrolling in-store, go to www.crackerbarrel.com/rewards, input the email address provided at enrollment and follow the prompts to create a password and select the checkbox that indicates You agree to these Terms and Conditions, Sponsor’s Privacy Policy and its Notice of Financial Incentive. 

b. Enroll in App or Online: A Participant may also download the App or go to the Website and follow the instructions to complete and submit the enrollment form, including providing their first name, last name, a valid email address and telephone number, entering a password and selecting the checkbox that indicates they have agreed to these Terms and Conditions, Sponsor’s Privacy Policy and its Notice of Financial Incentive, in order to create a Rewards Account.

Only the individual named on the enrollment form (the “Participant”) will accrue Pegs and will be entitled to access Rewards Account information. A Participant may only create one (1) Rewards Account. In the event that a Participant creates multiple Rewards Accounts, Cracker Barrel may, at its discretion, elect to merge the accounts and the Pegs earned to date. However, Cracker Barrel reserves the right to terminate a Rewards Account that appears duplicative. To request a merger of multiple inadvertently created accounts into one (1) Rewards Account, You may contact Guest Relations through the online Contact Us form or by using the online chat.

3. Participant’s Personal Information: The collection, use and disclosure of Participants’ personal information is subject to Cracker Barrel’s Privacy Policy. To learn what information is collected and how Cracker Barrel will use the personal information collected in connection with the Rewards Account and/or this Program, read our Privacy Policy as well as the Notice of Financial Incentive in Section G.8. below.

4. Cracker Barrel’s Communications: By signing up for this Program, Participants agree to receive email messaging regarding account information, balances and material and other changes to the Program to the email address associated with Participant’s Rewards Account, as well as advertising and marketing material from Cracker Barrel. Participants may unsubscribe from Cracker Barrel emails at any time via the unsubscribe link in those emails; provided, however, if You unsubscribe from Cracker Barrel’s emails, You may no longer receive email updates about Program benefits. Even if You unsubscribe from marketing communications, You may still receive communications relating to the administration of Your account and the Rewards Program. Each Participant shall be responsible for ensuring that their contact information remains current in their Rewards Account. Your Rewards Account is tied to the email address You used to enroll. If Your email address changes, a new Rewards Account will need to be created with the new email address. Guest Relations can then merge Your existing account into Your new account. If You need to request such a change due to a change in email address, You may contact Guest Relations by completing an online Contact Us form or by using the online chat, where Guest Relations representatives are available 8:00 a.m. – 5:00 p.m. CT, Monday – Friday, excluding holidays.  

5. Participant’s Rewards Account: Participant is responsible for maintaining the confidentiality of and for restricting access to their Rewards Account and associated credentials, including, but not limited to, its password. Participants are responsible for all activities taken within their Rewards Account. 

B. Pause or Termination of Participant’s Rewards Account 

1. Without limiting any other remedies, Cracker Barrel may, without prior notice to Participant, pause or terminate a Participant’s Rewards Account, or deem a Participant ineligible from playing or winning chance to win opportunities, if Cracker Barrel suspects that a Participant has engaged in unauthorized, deceptive or fraudulent activity, conduct that is detrimental to Cracker Barrel, resale of receipts, Transaction Numbers (as defined in Section C.2. below), Pegs or Rewards or any action that violates the intent of these Program Terms and Conditions. Cracker Barrel shall be the sole arbiter in such cases, and any decision it makes relating to a pause or termination of a Participant’s Rewards Account shall be final and binding.

2. Pausing of Rewards Account: In accordance with Section B.1., Rewards Accounts may be paused for investigation. While a Rewards Account is paused, a Participant may not earn or redeem Pegs. 

3. Rewards Account Termination: Rewards Accounts can be deactivated for any of the following reasons: (a) a Participant requests Rewards Account termination by contacting Guest Relations; (b) Participant is deceased; (c) Participant fails to respond to repeated attempts by Cracker Barrel to contact them regarding the status of their Rewards Account; (d) Participant relocates to a jurisdiction outside of the stated eligibility; (e) a Rewards Account appears to be duplicative; (f) the Rewards Account has been inactive for two (2) consecutive years (inactivity is defined as no Pegs earned during such two (2) consecutive year period), or (g) Cracker Barrel believes or determines, in its sole discretion at any time, that Participant has engaged in unauthorized, deceptive or fraudulent behavior, conduct that is detrimental to Cracker Barrel, resale of receipts, Transaction Numbers, Pegs or Rewards or any other behavior in violation of the letter or intent of these Terms and Conditions. If a Participant’s Rewards Account is deactivated, the Participant will forfeit all Pegs accrued to date. In addition, Cracker Barrel is entitled to invoke any rights or remedies available to Cracker Barrel in law or equity against Participant. You agree that Cracker Barrel is not liable to You or any third party for any termination or suspension of Your Rewards Account or for blocking Your use of our Program. 

If, after termination of a Participant’s Rewards Account, the Participant is permitted to create a new Rewards Account, this will require opting into the Program Terms and Conditions as of the date of the new Rewards Account and Participant will have zero (0) Pegs at the time of re-engagement.  

C. Earning Pegs Toward Rewards

1. Earning Pegs by Dollars Spent: Participants may earn one (1) Peg for each $1 spent in-store, on the Website or through the App on food, beverage or retail merchandise items, excluding gift cards (a “Qualifying Purchase”). The dollar amount eligible to earn a Reward will be based upon the post-discount net price of the Qualifying Purchase, excluding tips, taxes, delivery fees and other charges, and will be rounded down to the nearest dollar. Pegs are subject to forfeiture if the Qualifying Purchase is returned. Purchases made prior to creating a Rewards Account are not eligible to earn Pegs.  

In order to earn Pegs for in-store purchases, Participant must provide the email address or telephone number associated with their Rewards Account to the cashier when paying their bill either at a table or at a cashier stand/Point of Sale. To earn Pegs for Website or in-App purchases, Participant must first sign into their Rewards Account and then proceed with making a Qualifying Purchase. Participants can earn Pegs on up to five (5) transactions per day (based on the date of transaction).

2. Upload Your Transaction Number to Earn Pegs: If a Participant does not provide their registered email address or phone number when making a purchase in-store, or does not sign-in to their Rewards Account before making a purchase on the Website or in-App, the Participant may still earn Pegs for their Qualifying Purchase by submitting the transaction number found on the bottom their receipt (“Transaction Number”) through one of the following methods:
a. In-Store: Participant may take their receipt to a Cracker Barrel employee in-store, who will enter or scan the Transaction Number into Participant’s Rewards Account; 
b. In App or on the Website: Participant may log into their Rewards Account in the App or on the Website and then complete the “Contact Us” form. For category, choose “Cracker Barrel Rewards” and select “Missing Pegs credit” as the topic. In “Comment/Question” field, enter the Transaction Number from the receipt and then submit your request; or 
c. Contact Guest Relations: Participant may contact Guest Relations and provide them with the Transaction Number. To contact Guest Relations, Participant may complete an online Contact Us form or by using the online chat, where Guest Relations representatives are available 8:00 a.m. – 5:00 p.m. CT, Monday – Friday, excluding holidays. 

All Transaction Number uploads, by any of the above methods, must take place within 30 days of the date on the receipt in order to be valid. Regardless of method, Participants may only earn Pegs on up to five (5) transactions per day (based on the date of transaction). 

3. Other Peg or Reward Earning Activities: Participants whose Rewards Accounts are in good standing (i.e., Rewards Account has not been paused or terminated) may also earn Pegs or other Rewards (collectively “Bonus Rewards”) through the various activities and events described below. Bonus Rewards will be automatically loaded into the Participant’s Rewards Account within approximately seventy-two (72) hours. Bonus Rewards may be redeemed only once; where they are redeemed on items that are later returned, Bonus Rewards are subject to forfeiture.

a. Account Activity:

b. Special Offers: Cracker Barrel may also offer Bonus Rewards through promotional offers to some or all Participants for limited time periods, including as prizes in chance to win games. There will be individualized terms and conditions or official rules for each offer or game which will include how to participate, prize details and other limitations or restrictions. Cracker Barrel may notify eligible Participants with this special opportunity through push notifications, text notifications to Participants who have opted-into text messaging from Cracker Barrel and/or to the email address associated with their Rewards Account. Each Participant shall be responsible for ensuring that their contact information remains current in their Rewards Account. As noted in A.4. above, Your Rewards Account is tied to the email address You used to enroll. If Your email address changes, a new Rewards Account will need to be created with the new email address. Guest Relations can then merge Your existing account into Your new account. If You need to request such a change due to a change in email address, You may contact Guest Relations by completing an online Contact Us form or by using the online chat.   

c. Military Discounts: From time to time, a discount may be available to members of the U.S. armed forces who have a Rewards Account. Discount may vary and will be offered as advertised during the relevant promotion period. Must be a Rewards Member and present verifiable, authentic military identification to claim the discount.

4. Limits: A Participant may have a maximum of five hundred (500) Pegs in their Rewards Account at any given time. Should a Participant reach the maximum number of Pegs in their Rewards Account, they will be unable to earn additional Pegs until they redeem Pegs for Rewards, causing their Peg balance to fall below the maximum. Participants may only earn Pegs on up to five (5) transactions per day (based on the date of transaction). A Participant may not earn more than five hundred (500) Pegs in one (1) calendar day. In addition, a Participant may not earn more than five thousand (5,000) Pegs in one (1) calendar year. 

5. Crediting Pegs and Claims for Missing Pegs: Cracker Barrel will attempt to credit Participants’ Rewards Accounts with Pegs on a timely basis. However, each Participant shall have the responsibility of ensuring that their Pegs are properly credited. Any claim for Pegs not credited accurately must be received by Cracker Barrel within thirty (30) days of the date of claimed accrual of such Pegs, or the disputed Pegs shall no longer be valid. In order to make a claim for disputed Pegs, contact Guest Relations by completing an online Contact Us form or by using the online chat. The timeframe for issuance of disputed Pegs depends on the nature of the issue and can take up to thirty (30) days.

6. Removal of Pegs: Cracker Barrel reserves the right to remove Pegs from a Participant’s Rewards Account if it determines that such Pegs were improperly credited to the Participant’s Rewards Account or were obtained fraudulently. Pegs deposited into a Participant’s Rewards Account that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from the Participant’s Rewards Account.

7. Peg Awarding Decisions: Cracker Barrel reserves the right to require proof of Pegs earned, including, but not limited to, physical receipts for Qualified Purchases. Cracker Barrel’s decisions regarding the awarding of Pegs are final and binding.

8. Program Modifications: Cracker Barrel reserves the right to change the Qualifying Purchases and/or the number of Pegs awarded per dollars spent or the other activities described above at any time during the Program. Cracker Barrel further reserves the right to change, add or remove the methods by which Participants can earn Pegs.

D.  Redeeming Pegs for Rewards

1. Pegs may be redeemed in increments of seventy-five (75) for various Rewards as made available by Cracker Barrel. 

2. Participants can redeem Pegs for eligible food, beverage and retail merchandise items, which may vary over time. Pegs cannot be redeemed for alcoholic beverages or gift cards.  

3. Cracker Barrel may limit or cap the dollar value of any available Reward. The current Rewards limits are as follows: 75 Peg Rewards are capped at $7.50; 150 Peg Rewards are capped at $12.50; 225 Peg Rewards are capped at $20.00; 300 Peg Rewards are capped at $27.50; 375 Peg Rewards are capped at $35.00; and 450 Peg Rewards are capped at $40.00.    

4. A maximum of twelve (12) Bonus Rewards may be redeemed per order. Any additional Bonus Rewards would be redeemable in a separate order.

5. A maximum for 500 Pegs may be redeemed per calendar day.

6. How To Redeem Pegs: Participant may view available Rewards on their dashboard, but in order to redeem Pegs for a Reward, Participants must first place an order for eligible food or beverage or initiate a qualifying retail merchandise purchase and then choose to redeem their Pegs at check out. In-store, Participant must request to redeem their Pegs while paying their restaurant bill or purchasing a retail item. To redeem Pegs in-App or on the Website, Participants must follow the prompts and instructions to redeem Pegs when completing their purchase. Upon redemption, the system will propose the Reward that it deems to be the best value or discount, but Participants may choose to redeem their Pegs for something else or in another manner. Participants may be asked to verify their identification before redeeming their Pegs. 

7. Pegs may be used immediately once earned and added to a Participant's Rewards Account, or they may be saved for redemption at a later date, subject to the maximum balance of five hundred (500) Pegs that may be in a Rewards Account at any given time, as outlined in Section C.4. above. 

8. Pegs redeemed in the purchase of an item that is later returned will not be credited to the Participant’s Rewards Account. Those Pegs are forfeited upon return of the item.

9. Unless otherwise noted in relation to a specific promotion, Participants may combine any applicable promotions or discounts with the redemption of Pegs or earned Rewards within a single transaction. Participants may also redeem more than one (1) Reward within a single transaction unless otherwise noted in relation to a specific promotion. 

10. Cracker Barrel reserves the right to add, remove or modify the available Rewards, as well as their corresponding Peg values, at any time for any reason. 

11. The total number of Pegs a Participant can redeem for a Reward is the number of Pegs they have available in their Rewards Account, subject to the system described in Section D.1. above that Pegs must be redeemed in multiples of 75. For example, if a Participant has 85 Pegs in their Rewards Account, only 75 Pegs would be redeemable at that time. 

12. All redemptions for Rewards are final, and Pegs used to redeem Rewards will be deducted immediately from Participant's Rewards Account. 

13. Participants are responsible for all costs and expenses associated with the use of any Reward that are not stated as being provided. Participants may not substitute, assign or transfer Pegs or a Reward or redeem Pegs or a Reward for cash. All Reward details are at Cracker Barrel’s sole discretion. 

14. If for any reason a Reward becomes unavailable or cannot be fulfilled, Cracker Barrel, in its sole discretion, will replace the Reward with one of equal or greater value. No refunds will be provided on any Reward.

15. Coupons and certain other types of Reward items may have additional terms and restrictions, including expiration dates, of which Participants are responsible for making themselves aware. Additionally, coupons should be treated by Participants like cash and will not be replaced by Cracker Barrel if they are lost or stolen. 
 

F. Taxes

1. Participants are responsible for the payment of all taxes which may result from participation in the Program. 

2. Participants may be required to complete tax documents, including an IRS W-9 or equivalent, in order to receive prizes won through promotional games provided in conjunction with the Program or if they win an aggregate value of $600 in prizes in one calendar year. Participant will then receive an IRS Form 1099 reporting the total value of all prizes won for the applicable calendar year

G. General Terms and Conditions

1. Cracker Barrel reserves the right to pause or discontinue the eligibility of any person who uses or is suspected of using the Program in a manner inconsistent with these Terms and Conditions or with any federal or state laws, statutes or ordinances. In addition to pause or discontinuance of Program eligibility, Cracker Barrel shall have the right to take appropriate administrative and/or legal action against such persons, including criminal prosecution, as it deems necessary in its sole discretion.

2. Any attempt by a 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, Cracker Barrel may seek damages from any such person to the fullest extent permitted by law. 

3. Cracker Barrel's failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision.

4. All questions or disputes regarding eligibility for the Program, the accrual of Pegs, the availability of Rewards or a Participant's compliance with these Terms and Conditions will be resolved by Cracker Barrel in its sole discretion. By participating, Participants agree that all decisions made by Cracker Barrel or its designated agents regarding the Program, Pegs, Rewards or Participant's eligibility are final.

5. Neither Cracker Barrel nor Merkle are responsible for any incorrect or inaccurate information supplied by Participants regarding the Program.

6. Participants are responsible for maintaining updated contact information in their Rewards Account. To update Your contact information in Your Rewards Account, contact Guest Relations by completing an online Contact Us form or by using the online chat.  

7. From time to time and at its discretion, Cracker Barrel may require You to reset Your Rewards Account credentials, like your password. You agree to undertake this reset when required and understand that You will not be able to log in to Your Rewards Account until You have.

8. The Program is subject to all applicable laws and regulations.

9. Notice of Financial Incentive. In connection with the Program, we may offer financial incentives and/or price or service differences (“Incentives”) to Participants in exchange for our use of Your personal information. To offer these Incentives, we must collect the personal information You provide when You sign up or engage in activities in connection with the Program, such as Your email address, referral activity, purchase history, and engagement with Cracker Barrel (“Cracker Barrel Rewards Data”) so that we can follow Your participation in and Your engagement with the Program, as described in these Terms and Conditions and the Privacy Policy. The value of Cracker Barrel Rewards Data is calculated by determining the approximate additional spending per Participant, per year compared to individuals who have not participated in Cracker Barrel Rewards. The value of Cracker Barrel Rewards Data is reasonably related to the costs associated with offering the Incentives. You can withdraw from or cancel Your enrollment in the Program at any time by contacting Guest Relations by completing an online Contact Us form or by using the online chat.

10. These Terms and Conditions (including any Additional Terms or Policies incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements with respect to the Program.

11. These Terms and Conditions shall be construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws rules. Any legal or arbitration proceedings against Cracker Barrel that may arise out of, relate to or be in any way connected with our Website or these Terms and Conditions shall be brought exclusively in Davidson or Wilson County, Tennessee. Where such dispute is permitted to be heard via the courts, such dispute shall be heard in the state and federal courts applicable to Davidson or Wilson County, Tennessee, and You waive any jurisdictional, venue or inconvenient forum objections to such courts.

12. Severability: Except where specifically stated otherwise, if any part of these Terms and Conditions is unlawful or unenforceable for any reason, only that part of the Terms and Conditions shall be stricken and the remaining terms in the Terms and Conditions shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, an arbitrator (or, if permitted, a court) shall strike only that provision and the remaining terms of these Terms and Conditions shall remain in force.

H. Limitation of Liability 

1. Cracker Barrel and Merkle, Inc., and their respective parent companies, affiliates, subsidiaries and independent contractors, service providers, agencies and consultants and their respective officers, directors, employees, shareholders, successors and assigns and service providers (collectively “Cracker Barrel Parties”), are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the Internet, at any website or any combination thereof. In the event that online access is temporarily corrupted and suspended, notice of such will be provided on the Website and on the App, if possible, and Participants will be advised to not redeem Pegs until such time that the Program, as originally intended, may be resumed, as determined by Cracker Barrel in its sole discretion. 

2. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Cracker Barrel Parties from and against any claims, liabilities, damages or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party. 
 
3. Participant agrees to maintain the security and confidentiality of all login credentials used to access the Program. Participant agrees to use a different password than Participant uses with any other website or service of any kind. Participant shall be solely responsible for any activity that uses Participant’s login credentials.

4. The Program may allow various ways to authenticate and identify Participant. Cracker Barrel recommends that Participant utilizes two-factor authentication or other security enhancements as made available to Participant. Under no circumstances will Cracker Barrel have any liability for Participant’s failure to use, or weakness in, the authentication and identification mechanisms available to secure Participant’s Rewards Account.

5. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE CRACKER BARREL PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH PARTICIPATION IN THE PROGRAM OR ANY PURCHASED OR REDEEMED ITEM OR REWARD, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF CRACKER BARREL IMPROPERLY DENIES A PARTICIPANT ANY REWARD, LIABILITY WILL BE LIMITED TO THE EQUIVALENT FAIR MARKET VALUE OF ITEM. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL OF THE CRACKER BARREL PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY CRACKER BARREL DURING THE PRECEEDING TWELVE (12) MONTH PERIOD, OR $100.

I. Dispute Resolution, Mandatory Arbitration, & Class Action/Jury Trial Waiver

1. Dispute Resolution. We and Participant each agree (together, for purposes of this Section I only, “We” or “Our”) to first notify the other of any dispute or claim involving the other relating to the Program (each, a “Dispute”). You agree to first contact us by sending a written description of Your Dispute to Cracker Barrel’s Guest Relations department using the Contact Us form to allow us an opportunity to resolve the Dispute You have, and You will be first contacted by us based on the contact information we have for You (phone, email, etc.). If We are unable to resolve the Dispute in this way, We each agree to submit to the other notice of the Dispute via written notification that includes a description of the Dispute, all relevant documents/information, and the proposed resolution to the Dispute (“Dispute Notice”). You agree to send such written notification to us at Cracker Barrel Old Country Store, Attn: General Counsel, 307 Hartmann Drive, Lebanon, Tennessee 37087. Written notification of a Dispute to You will be sent based on contact information You have provided to us.
 
2. Binding Arbitration. If, after 60 days of receipt a Dispute Notice, We have been unable to resolve the Dispute, WE EACH AGREE THAT THE DISPUTE MAY ONLY BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION before and as administered by JAMS under its then current and applicable rules and procedures for such Disputes. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (https://www.jamsadr.com) or by calling JAMS at 949-224-1810. We each acknowledge and agree that, but for this agreement to arbitrate Disputes: (a) We would otherwise have the right or opportunity to litigate Disputes through a court and to have a judge or jury decide the case; and (b) WE VOLUNTARILY CHOOSE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION I, TO HAVE ALL DISPUTES RESOLVED THROUGH BINDING ARBITRATION AND UNCONDITIONALLY WAIVE THE RIGHT TO BRING DISPUTES IN COURT. We each further agree that Disputes include questions as to the validity or applicability of this binding arbitration clause and, to the fullest extent permitted by law, Disputes brought on Our behalf by anyone (including, without limitation, our heirs, agents, successors, and assigns).

3. Applicable Law. This agreement to arbitrate and each arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended, to the exclusion of any inconsistent state law. The laws of the State of Tennessee, without regard to its choice of law principles, will exclusively govern substantive law. 

4. Exception to Arbitrate. We each may bring qualifying claims in small claims court. Further, as provided in Section I(5.) below, We each agree that any arbitration will be solely between You and us, not as part of a classwide claim. If for any reason any court or arbitrator holds that this NO CLASS ACTION restriction is unenforceable, then Our agreement to arbitrate does not apply and the classwide dispute must be brought in court in the applicable federal or state court for Davidson or Wilson County, Tennessee.

5. NO CLASS ACTIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

6. NO TRIAL BY JURY. TO THE FULLEST EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

J. Amendment; Additional Terms

1. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Program or to modify these Terms and Conditions.

2. Modifications to these Terms and Conditions or any Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is Participant’s responsibility to review the Terms and Conditions from time to time for any changes or Additional Terms. You waive any right You may have to receive specific notice of any changes or Additional Terms, and Participant’s access and use of the Program following any modification of these Terms and Conditions or the provision of Additional Terms will signify Participant’s assent to and acceptance of the same. If You object to any subsequent revision to the Terms and Conditions or to any Additional Terms, immediately discontinue use of the Program and, if applicable, terminate Your Rewards Account.