PIZOOKIE PASS TERMS AND CONDITIONS

BJ's Premier Rewards PLUS

Pizookie Pass™

TERMS & CONDITIONS

Effective Date: June 24, 2024

A. Introduction.

1. Scope. These Terms & Conditions (these “Terms”) govern your subscription to the BJ’s Pizookie Pass™ (the “Pizookie Pass”) made available by BJ’s Restaurants, Inc. (“BJ’s”, “we,” “us,” “our”). Please read these Terms carefully. By checking the box next to the hyperlink to these Terms in the Pizookie Pass sign-up process, or otherwise using the Pizookie Pass, you acknowledge and agree to these Terms. If you do not accept and agree to these Terms, you cannot subscribe to the Pizookie Pass.

2. Limited Program. Please note that we are currently offering the Pizookie Pass as a 4-month program; Pizookie Pass subscriptions will be available for signup as follows:

Online Orders. Available starting 10:01 a.m., June 27, 2024 (Pacific Daylight Time) and ending at 11:59 p.m. on July 3, 2024 PDT.

In-Restaurant. Available starting 11:00 a.m., July 4, 2024 PDT and ending at the close of restaurant location hours on July 24, 2024 PDT.

In the event that we elect to amend the Pizookie Pass after this limited program, we will update these Terms accordingly at that time. Please note we reserve the right to distribute the subscriptions in any manner available and to limit the total number of subscriptions available. We further reserve the right to cancel the Pizookie Pass at any time for any or no reason.

3. Updates. These Terms may be updated or amended by us from time to time without notice to you by our posting a revised version of these Terms at https://pass.bjsrestaurants.com/p-pass-terms-conditions. Any changes to these Terms will be effective prospectively as of the date noted when the updated Terms are posted. It is your responsibility to periodically review these Terms in case of any such updates or amendments. If you do not agree to any updates or amendments, you must terminate your subscription to the Pizookie Pass.

4. NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER. PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR SUBSCRIPTION TO THE PIZOOKIE PASS MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION G BELOW.

B. Subscription.

1. Duration. Your subscription to the Pizookie Pass will commence on the date you sign up for the Pizookie Pass and will continue for one month. The subscription will then automatically renew for up to three (3) additional one-month periods. Each renewal will occur on the same day of the month as your original sign-up date. If that date does not exist in a given month (for example, if you signed up on 31^st but the current month has only 30 days), the renewal will occur on the last day of that month. For example, a subscription starting on May 31^st would renew on June 30^th. AT THE END OF YOUR INITIAL ONE-MONTH PERIOD AND AT THE END OF EACH SUBSEQUENT ONE -MONTH PERIOD, YOUR SUBSCRIPTION TO THE PIZOOKIE PASS WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL ONE-MONTH PERIOD. THIS AUTOMATIC RENEWAL WILL CONTINUE UNLESS THE SUBSCRIPTION IS TERMINATED BY EITHER BJ’S OR BY YOU. TO AVOID BEING CHARGED FOR THE NEXT ONE-MONTH PERIOD, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE FIRST DAY OF THAT UPCOMING ONE-MONTH PERIOD. YOU ARE RESPONSIBLE FOR CANCELING YOUR SUBSCRIPTION TO THE PIZOOKIE PASS IN TIME TO AVOID FEES FOR THE SUBSEQUENT MONTH.

2. Eligibility. To be eligible to subscribe to the Pizookie Pass, you must be an individual and 18 years of age or older (as well as the age of majority in your jurisdiction of residence). Corporations, charities, associations and other entities may not subscribe to the Pizookie Pass. BJ’s reserves the right to approve or deny your request to subscribe to the Pizookie Pass, for any or no reason, in our sole discretion. Please note that the Pizookie Pass is not eligible for use by employees of BJ’s Restaurants, Inc., and/or its subsidiaries.

3. Registration. To subscribe to the Pizookie Pass, you must provide us with the information requested during the sign-up process, including your payment information and BJ’s Premier Rewards PLUS account information. If you are not already a BJ’s Premier Rewards PLUS member, when you sign up for the Pizookie Pass you will be required to register for the BJ’s Premier Rewards PLUS program as well. Visit our BJ’s Premier Rewards PLUS program page to learn more about that program. You are solely responsible for any authorized or unauthorized access to or use of your subscription to the Pizookie Pass by any person, and for all fees and charges incurred for your subscription to the Pizookie Pass. You agree to notify us promptly at Pass@bjsrestaurants.com regarding any unauthorized access to or use of your subscription to the Pizookie Pass.

4. Pizookie Pass Benefits and Restrictions. As a subscriber to the Pizookie Pass, a Pizookie Pass will be loaded into your BJ’s Premier Rewards PLUS account, and on each day of each one-month period of your subscription, your Pizookie Pass will auto-fill with a one-day pass that is redeemable—on that day only—for one (1) Pizookie of your choice (excluding the Pizookie Trio, the Mini Pizookie, the Pizookie Party Platter, as well as any other Pizookie dessert identified on the menu or elsewhere as excluded from the Pizookie Pass), for no additional charge, at any BJ’s restaurant in the United States (dine-in only). To be clear, the subscription may not be used for takeout and delivery, including but not limited to third party delivery services. You will not be obligated to make any purchase at the BJ’s restaurant during such visit, and the use of the subscription may not be combined with any other offer. Each one-day pass in your Pizookie Pass is valid for redemption by you only and no other person. If you do not redeem your Pizookie Pass for a particular calendar day (as measured by our computer systems), you have forfeited that particular day’s Pizookie Pass, and no substitution, repayment, voucher, or other consideration is available for that day. To redeem a particular day’s one-day pass for a Pizookie, identify your BJ’s Premier Rewards PLUS account and Pizookie Pass to the server at the time of ordering. Limit one (1) redemption for a Pizookie per day from your subscription to the Pizookie Pass. The Pizookie Pass and each one-day pass are not a gift card, are not reloadable, are non-transferable and non-refundable, and hold no cash value. Gratuity not included.

C. Payment and Cancellation.

1. Fees. The fee for you to subscribe to the Pizookie Pass will be disclosed to you in the sign-up process. BJ’s reserves the right to change the fee for a subscription to the Pizookie Pass at any time as we may determine in our sole and absolute discretion, provided that we will notify you in advance of any such change. Any change will apply only to future billing cycles.

2. Payment Date. The first monthly fee to subscribe to the Pizookie Pass for the initial one-month period will be due and payable on the day you sign up, and each subsequent monthly fee for each one-month period thereafter during your subscription will be due and payable on the effective date of your subscription renewal as discussed in Section B.1. above.

3. Cancellation. You may cancel your subscription to the Pizookie Pass at any time. To cancel your subscription to the Pizookie Pass, please log in to your BJ’s Premier Rewards PLUS account and click on the “MY PIZOOKIE PASS ACCOUNT” tab, and then click on the “CANCEL MY SUBSCRIPTION” button. Your subscription will continue during the then-current month and no refunds of any type will be given. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION TO THE PIZOOKIE PASS WILL AUTOMATICALLY RENEW AND CONTINUE ON A MONTHLY BASIS FOR UP TO FOUR (4) MONTHS IN TOTAL, UNLESS AND UNTIL TERMINATED BY YOU OR BY BJ’S. If you have any questions, please reach out to us at Pass@bjsrestaurants.com.

4. Refund Policy. Upon cancellation of your subscription to the Pizookie Pass, you will not be refunded the fee for the one-month period then in process (or for any previous one-month periods of your subscription). If you do not cancel your subscription by the last day of the one-month period then in process, you will not be refunded the fee for the next upcoming one-month period. YOU ACKNOWLEDGE THAT YOU MUST CANCEL YOUR SUBSCRIPTION TO THE PIZOOKIE PASS BY THE LAST DAY OF THE ONE-MONTH PERIOD THEN IN PROCESS IN ORDER TO AVOID THE FEE FOR THE NEXT ONE-MONTH PERIOD.

D. Termination by BJ’s.

1. Termination of Your Subscription to the Pizookie Pass. BJ’s reserves the right to revoke or otherwise terminate your subscription to the Pizookie Pass at any time, for any or no reason, in our sole discretion.

2. Termination of the Pizookie Pass. BJ’s also reserves the right, in our sole discretion, to suspend or terminate the Pizookie Pass program at any time. In the event of such a suspension, your subscription to the Pizookie Pass will be paused (and then extended) for the number of days of such suspension. And in the event of such a termination, we will either (at our sole election): (i) make the date of such termination, as it applies to you, effective the last day of the one-month period then in process, such that you will receive the remaining one-day passes for the one-month period then in process, but the Pizookie Pass will not renew at the end of such one-month period; or (ii) refund you a prorated portion of any Pizookie Pass subscription fees you previously paid that relate to any period following the effective date of such termination.

3. Survival. The provisions of these Terms which contemplate surviving, including the provisions concerning disclaimers, limitation of liability, governing law and dispute resolution, shall survive any termination hereof.

E. Disclaimers and Limitations of Liability.

1. Disclaimers. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THIS PIZOOKIE PASS PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND BJ’S DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BJ’S DOES NOT WARRANT THAT ANY APPLICATIONS THROUGH WHICH THIS PIZOOKIE PASS PROGRAM IS PROVIDED WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SUCH APPLICATIONS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

2. Limitations of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BJ’S (AND ITS SUBSIDIARIES AND OTHER AFFILIATES) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR SUBSCRIPTION TO THE PIZOOKIE PASS OR ANY OTHER MATTER RELATED TO THIS PIZOOKIE PASS PROGRAM, EVEN IF BJ’S OR A BJ’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PIZOOKIE PASS OR THIS PIZOOKIE PASS PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR SUBSCRIPTION TO THE PIZOOKIE PASS. Applicable law may not allow some or all of this limitation of liability for damages, so some of these limitations may not apply to you.

F. Governing Law.

Any dispute, claim, or cause of action arising from this Pizookie Pass program and/or these Terms (“Dispute”) shall be governed by and construed in accordance with the laws of the State of California, without giving effect or regard to any principles or doctrines of conflicts of law. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

G. Dispute Resolution; Class Action Waiver.

1. YOUR AGREEMENT TO ARBITRATE YOUR CLAIMS. YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF PARTICIPATING IN THIS PIZOOKIE PASS PROGRAM.

2. Informal Resolution. For any Dispute you have with BJ’s (including any BJ’s restaurant) regarding this Pizookie Pass program and/or these Terms, you agree to first contact us at legal@bjsrestaurants.com or 714.500.2664 and to attempt to resolve such Dispute with us informally.

3. Arbitration. In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and we agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator, all in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”). For more information on JAMS, the JAMS Rules, or the process for filing an arbitration claim, you may call JAMS at 800.352.5267 or visit the JAMS website at www.jamsadr.com.

4. No Class Actions or ClassWide Relief. You and BJ’s agree to the following with respect to the arbitration of any Dispute hereunder: (i) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (iv) you will pay any filing fee or other costs of arbitration only as required under the JAMS Rules or as otherwise specified by the arbitrator; (v) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (vi) the arbitrator will honor claims of privilege and privacy recognized at law; (vii) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (viii) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (ix) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded by the arbitrator will be determined by applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.

5. Survival. This Section G will survive termination of this Pizookie Pass program or these Terms. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.

H. Email Communications.

When you sign up for a subscription to the Pizookie Pass, you are required to provide BJ’s with your email address, which we will use to send you information about this Pizookie Pass program (including periodic updates), as well as to send you promotional announcements and other marketing messages and information from time to time. You may update this information at any time by logging into your BJ’s Premier Rewards PLUS account at www.bjsrestaurants.com/account/login. You may opt out of receiving marketing emails from BJ’s at any time by doing one of the following: (i) emailing us at emailmarketing@bjsrestaurants.com and requesting to be removed from our email marketing distribution list, (ii) adjusting your preferences after signing into your BJ’s Premier Rewards PLUS account online at www.bjsrestaurants.com/account/login, or (iii) following the opt-out mechanism in any marketing email you may receive from us. If you opt out, you authorize BJ’s, our subsidiaries and other affiliates, and our third-party contractors to send you an email confirming your opt-out. Please note that even if you opt out of our email marketing distribution list, we will still be authorized to send you transactional email messages, including about your subscription to the Pizookie Pass.

I. Privacy.

Any personal information collected about you online or via our mobile app in connection with your subscription to the Pizookie Pass will be governed by our Privacy Policy, available at www.bjsrestaurants.com/privacy-policy, which is incorporated by this reference into these Terms.

J. Miscellaneous.

1. No Implied Waiver. Any failure of BJ’s to exercise or enforce any rights or provisions of these Terms shall not constitute a waiver of such right or provision.

2. No Limitation on Remedies. Nothing in these Terms will limit BJ’s from exercising any legal rights or remedies that we may have.

3. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

4. Entire Agreement. These Terms constitute the sole terms of the agreement between you and BJ’s regarding your subscription to the Pizookie Pass.

K. Contact Us.

If you have any questions about the Pizookie Pass, you may contact us at BJ’s Restaurants, Inc. - Pizookie Pass, 7755 Center Avenue, Suite 300, Huntington Beach, CA 92647 or at Pass@bjsrestaurants.com.