SUBWAY MYWAY® REWARDS PROGRAM – CANADA

TERMS OF USE

Effective Date: May 1, 2018

IMPORTANT - READ CAREFULLY. These Terms of Use (“Terms”) form a binding contract between you, (“YOU”) and Subway MyWay of Canada, ULC (“we” or “us” or “our”).

By clicking “GET STARTED” or “CREATE ACCOUNT” buttons or other button in-app or on the Subway® website you are consenting to these terms and you agree to all of the provisions it contains.

IF YOU DO NOT AGREE TO THESE TERMS DO NOT PARTICIPATE IN THE SUBWAY MYWAY® REWARDS PROGRAM.

The SUBWAY MYWAY® REWARDS PROGRAM (“SUBWAY MYWAY® REWARDS”) is operated by us on behalf of participating Subway® restaurants in Canada.

We only operate SUBWAY MYWAY® REWARDS. We do not own or operate any Subway® restaurant. Each Subway® restaurant is owned by an independent franchisee and operated as an independent business.

To the extent permitted by law, we reserve the right to change, modify, terminate and/or eliminate SUBWAY MYWAY® REWARDS and/or all or any portion of these Terms or any policy, FAQ, or guideline pertaining to SUBWAY MYWAY® REWARDS at any time and at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions which may be accessed through the Subway® website and through the Subway® mobile application (“Subway® App”). You waive any right you may have to receive specific notice of such changes or modifications, except as required by law. Your participation in SUBWAY MYWAY® REWARDS confirms your acceptance of these Terms and any changes or modifications to these Terms. You should review these Terms and our policies and FAQs frequently to understand the terms that apply to SUBWAY MYWAY® REWARDS.

SUBWAY MYWAY® REWARDS is intended for individual use only. Commercial use is prohibited. To participate, you must be a legal resident of the Territory. This program is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and the age of majority, you may only participate in SUBWAY MYWAY® REWARDS under the supervision of your parent or legal guardian who agrees to be bound by these Terms. You may be required to provide proof of your parent’s or legal guardian’s agreement to these Terms at any time. Membership in SUBWAY MYWAY® REWARDS is complimentary.

Your SUBWAY MYWAY® REWARDS account is personal to you, and you may only have one SUBWAY MYWAY® REWARDS account. Your SUBWAY MYWAY® REWARDS may not be sold, transferred, assigned to, or shared with, family, friends or others.

If we discover that you have more than one account, we may terminate any and all of your accounts, and you shall immediately forfeit all Tokens and Rewards. You are responsible for ensuring that no unauthorized person has access to your account or your physical Subway® card (“Card”). You are responsible for all activity on your SUBWAY MYWAY® REWARDS account.

The Subway® Card and eGift Card Programs are administered separately by Value Pay Services LLC. Use of a Card as a cash or gift card is subject to separate terms and conditions which may be viewed at Subway Card® Terms.

Some Subway® restaurants in the Territory may not participate in SUBWAY MYWAY® REWARDS. Ask the Sandwich Artist® to confirm if you can earn Tokens or redeem Rewards at the restaurant prior to placing your order or call ahead and find out.

The SUBWAY MYWAY® REWARDS Program is one way in which Subway® rewards and thanks loyal customers for purchasing products and services from Subway® restaurants. Members of the SUBWAY MYWAY® REWARDS are eligible to receive “Rewards” based upon the number of “Tokens” that the member earns and account activity.

How to Enroll

To begin earning Tokens and Rewards when ordering any of our sandwiches or other products, you can enroll at the Subway® website or through the Subway® App. You will not be able to enroll through any other means and you will need to agree to these Terms to participate.

As a condition of membership, you will be asked to provide a valid email when you enroll, which we or our designees Subway Franchisee Canadian Advertising Trust (“SFCAT”) and Franchise World Headquarters, LLC (“FWH”) will use to contact you about your account, Token balance, available Rewards and otherwise as permitted by law. We may also send you such account information via the Subway® App if you choose to receive push notifications.

Privacy and Communications

Privacy. Your privacy is important to us. We provide a Privacy Statement that explains our information practices and the choices you can make concerning the use and disclosure of your personal information. Click here to view our Privacy Statement which forms a part of these Terms. Additionally, if you are participating in SUBWAY MYWAY® REWARDS Program in an international U.S. military location you expressly consent and agree to the use of and transfer of your personal information to the U.S. as stated in our Privacy Policy.

Communications. We, SFCAT, or FWH will send you messages related to your account to the e-mail address that you provide in your account or through the push notifications in the Subway® App. Notifications of rewards will be sent by push notifications through the Subway® App or may be sent by e-mail if you have signed up to receive promotional messages. If you have not downloaded the Subway® App you will see any available rewards when you access your account online. You may also receive a notification during the checkout process in a Subway® restaurant.

You may also sign up to receive promotional messages sent to you by email, SMS, or other computer electronic messaging such as Facebook Messenger either on the Subway® website or in the Subway® App. You may unsubscribe from promotional commercial messages at any time by changing your preferences in your account or opting out via the unsubscribe link at the bottom of your email, or by following the opt-out instructions to the SMS message or other computer electronic message as specified in the message. Even if you opt out of receiving promotional messages, you understand and agree that we, SFCAT, or FWH may continue to send you messages concerning your account.

Linking your Card: Digital and Plastic

Once you have successfully enrolled in SUBWAY MYWAY® REWARDS you will be assigned a digital loyalty account (“Member ID”) accessible via both the Subway® App and the Subway® website upon login. You may choose to link your Member ID to your Card that you can obtain from any participating Subway® restaurant. Once your Member ID is linked to your Card, the Card can then be used as identification when earning and redeeming Tokens and Rewards at participating Subway® restaurants. If you pick up and use an unregistered Card in restaurant, you have the ability to earn Tokens on the associated transaction provided you register the Card online or in the Subway® App or link the Card to an existing SUBWAY MYWAY® REWARDS account within 48 hours.

Earning Tokens and Rewards

To earn Tokens, you must identify yourself as a SUBWAY MYWAY® REWARDS member by either providing the phone number used when registering for the SUBWAY MYWAY® REWARDS, scanning your digital card in the Subway® App, or swiping your Card before completing a purchase.

As a SUBWAY MYWAY® REWARDS member, you can earn Tokens on all eligible items that you purchase at participating Subway® restaurants, either in restaurant, through ordering on the Subway® website (“Online Ordering”), or through the Subway® App.

For every one dollar ($1) you spend at a participating Subway® restaurant in the Territory on eligible products, you will be awarded four (4) Tokens. Generally Tokens are automatically added to your account within twenty-four (24) hours. Tokens are awarded based on your total purchase (less the exclusions listed below) and are rounded up to the nearest quarter dollar, prior to sales and discounts.

Some exclusions apply. You cannot earn Tokens on purchases of alcoholic beverages or on gift cards (including gift card purchases, activations, reloads, transfers, or any other card-to-card transaction). Taxes, tips, donations, fees, (including delivery fees), bottle and can deposits, and bag fees (or bag taxes) are also excluded and ineligible for Token awards. Orders place through 3rd party online ordering services and Catering Orders placed online and through the Catering Call Center are not eligible for Token awards. We may choose to place limits on the number of Tokens you can earn on a daily basis and/or monthly basis.

Bonus Tokens may be awarded based on your performance of a certain designated activity. Bonus Tokens will be awarded as described in a promotional offer and may be subject to additional terms that are stated in the offer.

Once your balance reaches two hundred (200) Tokens, these Tokens will automatically be converted into a $2 Reward which is a discount coupon that can be used for two dollars ($2.00) off of your future purchase at a participating Subway® restaurant in the Territory or in the United States, District of Columbia, Puerto Rico, Guam, Northern Mariana Islands, and certain international U.S. military installations. The $2 Reward is unique and associated solely with your Member ID for your use only. If your account is established in the Territory, your $2 Reward will be redeemable in local currency. So, if it is redeemed in the Territory, it will have a redemption value of $2 Canadian; if it is redeemed in the United States, District of Columbia, Puerto Rico, Guam, Northern Mariana Islands, and certain international U.S. military installations, it will have a redemption value of $2 USD.

Some features of the SUBWAY MYWAY® REWARDS program, such as the ability to scan your digital card, may not be available in Puerto Rico, Guam, Northern Mariana Islands, or on international U.S. military installations.

IMPORTANT NOTE: Tokens, the $2 Reward and all other Rewards are promotional, have no cash value, and may not be exchanged for cash or converted to a gift card balance. Tokens have no value and may not be exchanged for cash or otherwise except they are redeemed for Rewards in accordance with these Terms. If you do not redeem the entire value of your Reward in one transaction, the remaining amount will be forfeited. All Tokens and Rewards will expire on termination of your participation in SUBWAY MYWAY® REWARDS (whether terminated by you or by Company) or termination of the SUBWAY MYWAY® REWARDS altogether, subject only to notice to you that is required by law, if any.

How to Redeem Rewards

To redeem a Reward in restaurant, you must identify yourself as a SUBWAY MYWAY® REWARDS member by scanning your digital card in the Subway® App or swiping a Card before completing your purchase.

You can choose whether you want to apply the Reward (if available) to your current purchase or not. Even if you choose not to redeem a Reward, identify yourself as a SUBWAY MYWAY® REWARDS member so you can earn more Tokens and so that the Sandwich Artist® can check to see if there are any other offers you might be eligible for (subject to availability) instead of, or in addition to your Reward.

To redeem your Reward using Online Ordering, you will be able to apply your Reward prior to submitting your order. You may apply up to 25 available $2 Rewards to cover your subtotal balance (after discount is applied but before sales tax). Rewards may not be used for Catering Orders placed through the Catering Call Center.

Once you are notified that you have received a Reward, you are eligible to use your Reward for any future qualifying purchase prior to its expiration at a participating Subway® restaurant in the Territory.

In addition to earning Tokens, you may also be eligible to receive other Rewards on occasion. These are not Token-based offers and may have additional terms and conditions to redeem the offer which will be stated in the Reward.

A notification sent to your email, or noted within your member account in the Subway® App or on the Subway® website will notify you when you have been awarded a Reward that is to ready to be used on a future purchase.

Void Earn

Any Tokens or Reward you were awarded from a transaction that is later voided for any reason, shall be deducted from your SUBWAY MYWAY® REWARDS account balance.

Earning Suspended

Without notice to you, all earning and redemption activities shall be suspended on SUBWAY MYWAY® REWARDS accounts that have been “frozen” due to actual or suspected fraudulent activity.

Missing Tokens

If you forget to tell the Sandwich Artist® that you are a SUBWAY MYWAY® REWARDS member prior to checkout, don’t panic! You can utilize our missing Tokens process.

Here’s how: you will be able submit a “Missing Tokens” request form via the Subway® website for a purchase that has occurred within thirty (30) days. While filling out this form, you will be prompted to provide details from your purchase receipt.

After you have submitted this form, check your account on the Subway® website or via the Subway® App 48 hours after you submitted the form to learn if your request has been granted. You will also receive an email to your registered email address that will notify you if your request has been granted or denied. We reserve the right to limit the amount of missing Token requests that may be submitted.

Expiration of Tokens, $2 Reward, Other Rewards, and Termination of Account.

Your $2 Reward expires ninety (90) days after we issue it to you.

Other Rewards may be subject to additional terms and conditions including a shorter expiration date, which will be stated on the Reward.

If you don’t redeem your Reward by the stated expiration date, the Reward will expire; it will no longer be valid and it will be deducted from your account.

Any Tokens you may have earned that are below the two hundred (200) count threshold and have not been converted into a Reward will expire after twelve (12) months of inactivity, depending on your last “activity” date (“Activity” is defined as any positive change to your member account balance, the earning of any Token, or any Reward redemption). If your account shows any activity within that period of twelve (12) months the expiration date of all your Tokens will be reset.

Without notice to you, we reserve the right to terminate or suspend your account in the event that your account is inactive for more than twelve (12) months.

Combining Reward Offers

Multiple rewards offers for the same line item cannot be combined.

Combining $2 Reward with Other Reward Offers

$2 Reward may be combined with other eligible offers.

Additional Terms

Resolution of Disputes/Limitations of Liability and Damages; Extension to Related Entities / Persons and Survival; Governing Law

SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT PERMIT THE LIMITATIONS OF CERTAIN RIGHTS, IMPLIED WARRANTIES OR TYPES OF DAMAGES. If those laws are applicable to you, some or all of the following and waivers may not apply to you. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law.

We make no warranties, express or implied, with respect to SUBWAY MYWAY® REWARDS including but not limited to any implied warranty of merchantability or fitness for a particular purpose.

By participating in SUBWAY MYWAY® REWARDS , you agree that we have no responsibility or liability for any expense, loss, cost, injury, damage, or any other matter or thing whatsoever, however suffered or caused directly or indirectly arising out of or related to SUBWAY MYWAY® REWARDS or these Terms of Use, including without limitation: (i) any failure, delay or decision by us in administering the SUBWAY MYWAY® REWARDS or these Terms of Use, including amendments thereto; (ii) unauthorized use by any third party of your account or Member ID; or (iii) the loss, theft, or delayed notification of any Tokens or Rewards issued under SUBWAY MYWAY® REWARDS or these Terms of Use.

We and you agree that, on any claim arising out of or relating to your participation in SUBWAY MYWAY® REWARDS or these Terms of Use, to the fullest extent permitted by law recovery of damages shall be limited to actual and direct damages, and may not include any indirect, special, consequential, enhanced, or punitive damages and we and you both hereby waive the right to seek or recover any indirect, special, consequential, enhanced, or punitive damages. Any liability we may have to you for any negligence, breach of contract or otherwise, is limited to crediting your account with the Tokens or Rewards so determined to be earned by you. These limitations and waivers are intended to be construed broadly, and shall apply to any and all claims arising out of or relating to your participation in SUBWAY MYWAY® REWARDS, these Terms of Use, against any entity or person affiliated with the Subway® brand, including but not limited to us, Subway MyWay, LLC, Franchise World Headquarters LLC, Subway IP Inc., Subway Franchise System of Canada, Ltd., Subway Franchisee Canadian Advertising Trust, Doctor’s Associates Inc., Subway Franchisee Advertising Fund Trust, Ltd., and any SUBWAY® franchisee in Canada, U.S., Puerto Rico, Guam, Northern Mariana Islands, or on any international U.S. military installation; and any of their respective directors, officers, employees, or other representatives. The foregoing limitations and waivers shall also survive the termination of these Terms. In the event that any part of these Terms is determined by a court to be invalid or unenforceable, the remainder shall still be given full force and effect, to the fullest extent permitted by law.

To the extent permitted by law, these Term shall otherwise be governed by and construed in accordance with the substantive laws of the Province of Alberta and the laws of Canada applicable therein without reference to any rules regarding conflicts of law.

General

You have no ownership interest in Tokens or any Rewards. Use of the word "earn" in marketing materials in relation to SUBWAY MYWAY® REWARDS shall mean "collect" and shall not infer that the Tokens or any Rewards have any value until they are redeemed. Tokens may not be purchased or sold and are not transferable except as otherwise stated herein.

Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending Rewards or Token balance in your account.

In the event of any inconsistency or discrepancy between the Terms or other statements contained in any related materials or advertising, the terms of the then-current Terms shall prevail, govern and control.

In the event of a discrepancy between the English language version and the French language version of the Terms, the English version shall prevail, govern, and control in the case of members residing outside the Province of Quebec.

To cancel your membership at any time, please call customer care at 877-697-8222. Your membership will be terminated within thirty (30) days and, subject only to any notice that may be required by law, all Tokens and all Rewards will expire and become void upon the date of termination.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

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