SUBCARD® LOYALTY SCHEME TERMS AND CONDITIONS

The SUBCARD® loyalty scheme is operated in participating SUBWAY® stores by Eat-Commerce Limited. If you need to write to us the address is set out below.

These Terms and Conditions ('Terms') and the Eat Commerce Limited privacy policies (as set out in our Privacy Policy) apply to the use of your SUBCARD® Card ('Card') in the United Kingdom ('UK'), Northern Ireland ('NI') and the Republic of Ireland ('ROI') only. Use and or registration of your Card constitutes acceptance of these Terms. If you have any questions about these Terms or our privacy policies please Contact Us.

The Card

1. The Card is issued by and remains the property of Eat-Commerce Limited Eat-Commerce Limited reserves the right at all times in its absolute discretion and without notice not to issue Cards and to either amend these Terms or on reasonable notice to terminate, withdraw or cancel Cards (including withdrawing or cancelling the SUBCARD® mobile application) and/or any points which may have been collected.

2. You can only obtain a Card if you are a resident of the UK or ROI and if under the age of 18 have obtained parental consent. The Card and any other related applications remain your responsibility at all times.

3. Only the person who has applied and registered for the Card can use it. Only one Card will be issued per Cardholder's account. To register your Card please visit https://subcard.subway.co.uk and follow the instructions. The Card is non-transferable and can only be used at participating SUBWAY® stores for your own use.

4. The Card is a loyalty card and is not and cannot be used as any form of credit card, guarantee card or proof of age or identity.

Mobile Application

5. The SUBCARD® mobile application is offered as part of the SUBCARD® loyalty scheme and is only available on compatible mobile phones.

6. The SUBCARD® mobile application will allow a compatible mobile phone to display a QR code which may be used to collect points in place of a standard Card. SUBSQUAD™ allows notifications to be sent to a compatible mobile phone informing Cardholders of opportunities to earn additional SUBCARD® points by making qualifying purchases in participating SUBWAY® stores within a defined time frame.

7. To download the current version of the SUBCARD® mobile application (which incorporates SUBSQUAD™), visit https://subcard.subway.co.uk/cardholder/home_uk.html and follow the instructions on the site.

8. You may only download the SUBCARD® mobile application if you are a resident of the UK or ROI and if under the age of 18 have obtained parental consent. Downloading the mobile application may incur standard data download rates, please contact your service provider for more details and seek the bill payer's consent (if applicable).

9. To the maximum extent permitted by law, Eat-Commerce Limited accepts no liability for any loss or damage suffered by you in connection with using the SUBCARD® mobile application, including without limitation, in relation to any transmission delays, failures of the SUBCARD® mobile application or SUBSQUAD™ notifications, damage to any mobile phone, data message delays or any other technical difficulties beyond its control.

10. Eat-Commerce Limited reserves the right to block any user of the SUBCARD® mobile application at its discretion in the event the user is not complying with these Terms.

Points

11. Points will be awarded as follows:
  1. Where a Card or app is not registered (via download of the App or on the website - https://subcard.subway.co.uk/cardholder/home_uk.html), points will be earned at the rate of 1 point for every 20 pence spent when purchases are made in the UK and at the rate of 1 point per 30 cents spent when purchases are made in ROI;
  2. Where a Card or app is registered, points will be earned at the rate of 1 point for every 10 pence spent when purchases are made in the UK and at the rate of 1 point per 15 cents spent when purchases are made in ROI ("Standard Points");
  3. Where a Card or app is registered and triggered (in accordance with paragraph 12), and the card is scanned for purchases twice within a 7 (seven) day period, points will be earned at the rate of 2 points for every 10 pence spent when purchases are made in the UK and at the rate of 2 point per 15 cents spent when purchases are made in ROI ("Double Points").
12. Registered Cardholders will be eligible to earn Double Points, when 'Triggered'. A Card or app is Triggered to earn Double Points when the Cardholder makes 2 purchases in a 7 (seven) - day period. The first purchase for which a Card is scanned will not be included, nor will any subsequent purchases made on that day. The Cardholder must make at least one purchase within 7 (seven) days of their most recent purchase to earn Double Points and then continue to make at least one purchase within 7 (seven) days of their most recent purchase to maintain Double Points. Cardholders will stop earning Double Points if they do not continue to make purchases within 7 days of each other and will return to earning Standard Points. A Card will be Triggered again as soon as the Cardholder makes two purchases within a 7 (seven) day period as provided for in this paragraph.

13. After 28 days from new registration of a Card points will be earned at the Standard and Double rates (when Triggered) as set out above. Points earned prior to registration of the Card will not be retrospectively updated or 'topped up'.

14. The Card must be scanned at the point of purchase to earn the points, and Double Points will not be awarded retrospectively where the Cardholder fails to present the Card for any transaction.

15. Eat Commerce Limited reserves the right to change the amount and value of points awarded in UK NI and ROI at any time, on 14 days’ notice. However, all points collected up to the date of the rate change can be redeemed in accordance with these terms and conditions.

16. Some promotional offers may not be able to be used in conjunction with the Standard Points issue rates, this will be at the discretion of Eat Commerce Limited. Double Points can be earned alongside SUBSQUAD™ points but may not be used in conjunction with any other offer. SUBSQUAD™ points will not be doubled.

17. Points will be awarded on purchases made in SUBWAY® stores and may be redeemed against products available in SUBWAY® stores as advertised from time to time and may change. Points can only be added or redeemed upon presentation of your Card or your SUBCARD® mobile QR code at the checkout when paying for a transaction. Please note points cannot be redeemed until you have registered your Card in accordance with clause 3 above.

18. Points cannot be exchanged for cash.

19. If you lose your Card or if it ceases to work for any reason Eat-Commerce Limited may, at its sole discretion, replace your Card and, once you have registered your new Card, transfer any points collected on it to the new Card, thereafter the original Card will cease to work. If you lose your mobile phone or the SUBCARD® mobile application ceases to work, the SUBCARD® mobile application can be re-downloaded and providing you re-register with your original email address your points will be transferred to your new SUBCARD® mobile application.

20. The Card may contain a maximum of 5000 points at any time. Eat-Commerce Limited reserves the right at all times in its absolute discretion and on reasonable notice to raise or lower the maximum limit of points allowed to be held on any Card. Any points in excess of the imposed limit may be lost.

21. Eat-Commerce Limited shall be entitled to set a limit on the number of points which may be awarded to each SUBCARD® account in respect of special promotional items on which additional points are awarded.

22. Eat-Commerce Limited shall be entitled at any time to cancel points awarded if the relevant products to which such award relates are returned or cancelled for any reason and a refund of the purchase price is given.

23. Whilst your Card does not have a fixed expiry date, if you have not used your Card to make a purchase for 12 months or more, any points on it will expire and your balance will be reset to zero. You can register a new replacement Card or continue to earn new points on your existing card.

SUBSQUAD™

24. SUBSQUAD™ allows Cardholders to create a SQUAD within which other Cardholders can benefit from purchases made using a registered SUBCARD® enabling additional points to be earned.

25. Any data submitted to SUBSQUAD™ will be held in accordance with Eat-Commerce Limited’s privacy policy available to view at https://subcard.subway.co.uk/cardholder/privacy.html. Cardholders also agree to allow other Cardholders joined to the same SUBSQUAD™ to be able to view their SUBCARD® user name and be provided with notifications in relation to their SUBWAY® store purchases made in conjunction with the use of their SUBCARD®

26. Once SUBSQUAD™ has been installed SUBCARD® users are able to create a SQUAD of between 2 and 9 members, in total. The creator of each SUBSQUAD™ will be provided with a unique alphanumeric reference code enabling other members to join the SQUAD. Only persons holding a valid, registered SUBCARD® will be able to join the SQUAD. To be a member of a SQUAD a Cardholder will have to download the current SUBCARD® mobile application and agree to these Terms.

27. Creators of each SUBSQUAD™ will be provided the opportunity to name their SQUAD, using between 3 and 30 characters. Profane or offensive words must not be used. Eat-Commerce Limited will not accept any liability for any use of any profane or offensive words and may, at their sole discretion, remove a SQUAD or refuse to allocate points to any members within a SQUAD containing such words.

28. Cardholders can only be a member of one SUBSQUAD™ at any one time. If you wish to leave a SUBSQUAD™ you may do so at any time by following the link and instructions in the SUBSQUAD™ application.

29. Once the SUBSQUAD™ has been created members will be provided with push notifications, sent through the SUBCARD® mobile application advising them when another member of the SQUAD has made a purchase in a SUBWAY® store using their SUBCARD®. If at least one member within the same SUBSQUAD™ makes a purchase within 4 hours of another member having made a purchase (“Qualifying Time Frame”) each Cardholder within the SUBSQUAD™ who made a purchase will be awarded an additional 50 points, credited to their SUBCARD®. Any purchase made outside the Qualifying Time Frame will start a new timeframe. At least two members of SUBSQUAD™ must make a purchase within the Qualifying Time Frame for points to be awarded.

30. Bonus points will only be awarded once within any Qualifying Time Frame. Additional purchases made by other SQUAD members within the same Qualifying Time Frame will only accrue points in accordance with the usual SUBCARD® points awards (as set out above). Qualifying Time Frames will not overlap. A period of 24 hours can allow for up to 6 Qualifying Time Frames within which an additional 50 points may be earned, allowing up to 300 additional points in any 24 hour period, subject to qualifying purchases being made in accordance with these Terms. Points will show on the SUBSQUAD™ Cardholder’s account on the following business day.

31. Purchases made outside the Qualifying Time Frame but within 24 hours of the initial purchase triggering a Qualifying Time Frame may be awarded 50 additional points, at Eat-Commerce Limited’s sole discretion, where the purchase is delayed due to queues, store availability or other factors affecting an in-store purchase which is outside the Cardholder’s control.

32. Eat-Commerce Limited reserve the right to change the points allocation awarded to Cardholders using the SUBSQUAD™ mobile application at any time.

33. Eat-Commerce Limited reserve the right to cease providing SUBSQUAD™ at any time.

34. Points earned using SUBSQUAD™ only apply to purchases made in participating SUBWAY® stores situated in the United Kingdom and Republic Of Ireland. No minimum spend requirements apply to SUBSQUAD™ purchases eligible for additional points rewards.

35. To qualify for bonus points SUBSQUAD™ members must have the SUBCARD® mobile application switched on and have agreed to opt in to receiving marketing messages through SUBSQUAD™ when making a purchase in a qualifying SUBWAY® store. Purchases made using either a plastic SUBCARD® or the SUBCARD® mobile application are both eligible to earn additional points, however, only Cardholders who have installed SUBSQUAD™ on their mobile phones will be eligible to receive notifications of the Qualifying Time Frame and receive additional SUBSQUAD™ bonus points on purchases made in accordance with these Terms.

36. SUBSQUAD™ bonus points will not be awarded on any purchases where a SUBCARD® IOU receipt is issued by a SUBWAY® store.

37. Eat Commerce Limited reserve the right to remove points from a SUBCARD® account if it is believed that these have been obtained fraudulently.

General

38. Each exclusion or limitation of liability in these Terms applies to Eat-Commerce Limited, the owners and operators of SUBCARD® and SUBSQUAD™, Subway IP Inc., Subway Franchisee Advertising Fund Trust B.V., Subway International B.V. and their affiliates, employees and agents.

39. These rules are governed by English law and subject to the exclusive jurisdiction of the English Courts.

40. SUBWAY®, SUBCARD® and SUBSQUAD™ are registered trademarks of Subway IP Inc.

The Big SUBstitution - Terms & Conditions 2017

Republic of Ireland and Northern Ireland only

1. This promotion will take place between 12.01am on 16.03.2017 and 12.00am (midnight) on 13.04.2017 in participating ROI and NI SUBWAY® stores.

2. The promoter is Eat-Commerce Ltd, 40 Oxford Road, High Wycombe, Buckinghamshire, HP11 2EE (“Promoter”) and administrator is Sharp Pencil, 1 Ballymena Road, Doagh, Co. Antrim, BT39 0QR (“Administrator”). Subway Franchisee Advertising Fund Trust, B.V., Prinsengracht 13 Amsterdam 1015 DK Netherlands is the Promotional Participant (“Promotional Participant”). Collectively, these are the “Contest Entities.”

3. This promotion is governed by Irish Law in relation to Republic of Ireland participants and Northern Irish Law in relation to Northern Ireland participants and any dispute is subject to the jurisdiction of the Irish courts for Republic of Ireland participants and the Northern Irish courts for Northern Ireland participants. Entry is open to residents of Northern Ireland and Republic of Ireland who are aged 18 years or over. There will be two prize draws. Entrants who are resident in the Republic of Ireland will only be entered into the Republic of Ireland draw and entrants who are resident in Northern Ireland will only be entered into the Northern Ireland draw.

4. To be entered into the promotion each participant must: (i) have an activated, registered SUBCARD® that is not suspended; (ii) have opted in to receive marketing communications in relation to their SUBCARD®; (iii) satisfy the other criteria set out in these terms.

5. To be entered into the prize draw each participant must correctly answer the element of skill question either within the received email or via the SUBCARD® website. This answer will apply to all subsequent entries unless participants change their answer through the website.

6. Subject to compliance with clauses 4 and 5 above each participant shall be entered into the promotional prize draw (“the Prize Draw”) either upon purchase of a SUBWAY® product once the registered SUBCARD® is scanned at the checkout at the time of that purchase (no purchase required in NI), or for free by posting their full name, postal address, email address and registered SUBCARD® account number as per clause 4 to: Freepost RSJT-LCCS-UEGZ, The Big SUBstitution SUBCARD® Prize Draw, Rapid House, 40 Oxford Road, High Wycombe, HP11 2EE. All postal entries must be received by the competition closing date of 13.04.2017 and are subject to clauses 19, 20, and 21 below.

7. For new SUBCARD® registrations made during the promotional period entry into a promotional prize draw will only be accepted in relation to purchases made in accordance with these terms after: (i) the SUBCARD® has been registered; (ii) the participant has registered their details with a SUBCARD® account; and (iii) the participant has opted-in to receive marketing communications in relation to such SUBCARD® and (iv) the participant must comply with paragraph 5 in answering a skill question correctly. Registration of a SUBCARD® will be confirmed within 48 hours of the user registering their details in accordance with the terms set out on the SUBCARD® website (“the Site”).

8. The Promotion Prize Draws will take place on 20.04.2017. Winners of each prize will be selected at random by computer generated process and notified by email by 24.04.2017. There will be two witnesses to the running of the programme and an independent adjudicator for any disputes in this respect.

9. Prizes for the draw will be as follows:

Category Prizes Number of Prizes
1
Republic of Ireland
The winner and their chosen team would participate in a non-competitive friendly kick where in Jeff Hendrick and Robbie Brady would ‘substitute’ the team manager / coach. Jeff Hendrick’s and Robbie Brady’s participation will be limited to a video shoot, social media, and internal communication purposes. The event will not be competitive and Jeff Hendrick and Robbie Brady’s representatives and/or SUBWAY® reserve the right to determine what form his involvement will take.

The prize will take place between the 1st and 30th June 2017 and will last for half a day in so far as it will begin no earlier than 9.30am and will finish not later than 1.30pm. It is anticipated but not guaranteed that a schedule of the activities will be supplied to the winner approximately one month before the date.
1
2
Northern Ireland
The winner and their chosen team would participate in a non-competitive friendly kick about where in Steven Davis would ‘substitute’ the team manager /coach. Steven Davis’ participation will be limited to a video shoot, social media, and internal communication purposes. The event will be not be competitive and Steven Davis and/or his representatives and/or SUBWAY® reserve the right to determine what form his involvement will take.

The prize will take place between the 1st and 30th June 2017 and will last for half a day in so far as it will begin no earlier than 9.30am and will finish not later than 1.30pm. It is anticipated but not guaranteed that a schedule of the activities will be supplied to the winner approximately one month before the date.
1

10. For each SUBCARD® scan during the promotion, each participant will also receive a bonus 50 SUBCARD® points. All bonus points will be added in one batch to SUBCARD® accounts by 23.04.2017.

11. If a prize, which has been allocated to a participant, is no longer available the Promoter shall be entitled, in its sole discretion, to provide a substitute that it believes, in its absolute discretion, is a reasonable substitute for the prize originally allocated to the winner.

12. Prize images are for representation only.

13. The prizes are as stated, they are non-transferable, non-refundable, cannot be sold or exchanged and no cash will be offered in lieu.

14. The prize will be subject to any terms and conditions of the provider and must be redeemed in accordance therewith.

15. Winners will be notified by email by 24.04.2017. Winners have until 12.00 midnight on 27.04.2017 to reply by email to claim their prize, at which point the prize will be forfeited and an alternative winner may be chosen at the Promoter's discretion. Winners will be requested to give confirmation that they want to accept the prize and permission for their details to be shared with Havas Dublin for organisation of the prize fulfilment, communicating fulfilment dates and arranging logistics of the prize fulfilment event only. No responsibility can be accepted for correspondence that is delayed or which not received for any reason.

16. It is the responsibility of each participant to ensure that their correct and current contact details, including full name, full address, full postcode, full email address and a current contact telephone number are registered with their SUBCARD® account by 12:00 (midnight) 13.04.2017.

17. Prizes will be cancelled or reallocated if:
  1. Winner does not respond to their winner’s notification email within the timeframes set out in clause 15;
  2. They are not collected in accordance to the terms outlined in clause 15, 16 and the prize schedule below.
18. The Promoter’s decisions regarding the draw results and prize allocations will be final and binding on the participants and no correspondence will be entered into in relation to the same.

19. No responsibility is accepted for illegible entries or entries made fraudulently.

20. No responsibility can be accepted for entries that are delayed or which not received for any reason.

21. The Promoter is not responsible for any technical issues, system or software failures encountered on or during entry into the promotion or during correspondence with the winners.

22. SUBWAY® stores, Subway Franchisee Advertising Fund Trust B.V., Franchise World Headquarters LLC and Subway IP Inc., (“Subway Entities”) accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by a participant as a result of entering the promotion or accepting a prize.

23. The By participating in the Promotion, Entrant (needs to be defined above) agrees to defend and hold harmless the Contest Entities and Subway Entities. Each Participant further agrees to be bound by these Terms and Conditions and by all applicable laws and decisions of Promoter and Administrator which shall be binding and final; to waive any rights to claim ambiguity with respect to these Terms and Conditions; to waive all of his/her rights to bring any claim, action, or proceeding against any Contest Entities or Subway Entities in connection with the Promotion; and to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Contest Entities and Promotion Entities from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from participation in the Contest, use or misuse of any prize.

24. Winners may be requested to participate in publicity relating to the Promotion without further recompense. This may include the taking of photographs and film of the Winner(s) that will belong to and may be used in promotional material by Subway Franchisee Advertising Fund Trust and/or its affiliates. Further, the Winners images and /or likeness may be used by Promoters, or their affiliates or Britvic Ireland Limited (Pepsi Co) for the purposes of promotional activity and activations on Social Media platforms prior to, during and for a reasonable period after receiving the prize (with their consent).

25. A full list of winners and prizes can be made available on request to those sending a stamped, addressed envelope to The Big SUBstitution SUBCARD® Prize Draw, Eat-Commerce Ltd., 40 Oxford Road, High Wycombe, Buckinghamshire, HP11 2EE within 3 months after the promotion end date. In the interest of preserving the privacy of participants only the surname and first initial will be provided for this purpose.

26. The Promoter reserves the right to cancel the promotional draw at any stage deemed necessary in their opinion or if circumstances arise which are outside of their control.

27. By taking part in the promotion entrants agree to be bound by these Terms and Conditions and agree to the use of their personal information in accordance with these Terms and the SUBCARD® Privacy Policy.

Schedule for Prizes

  • There are two prizes, one for a winner from Northern Ireland and one for a winner in the Republic of Ireland.
  • ROI Prize draw: The winner and their chosen team would participate in a non-competitive friendly kick where in Jeff Hendrick and Robbie Brady would ‘substitute’ the team manager / coach. Jeff Hendrick and Robbie Brady’s participation will be limited to a video shoot, social media, and internal communication purposes. The event will not be competitive and Jeff Hendrick and Robbie Brady’s representatives and/or SUBWAY® reserve the right to determine what form his involvement will take.

    The prize will take place between the 1st and 30th June 2017 and will last for half a day in so far as it will begin no earlier than 9.30am and will finish not later than 1.30pm. It is anticipated but not guaranteed that a schedule of the activities will be supplied to the winner approximately one month before the date.
  • Winners will be requested to give confirmation that they want to accept the prize and permission for their details to be shared with Havas Dublin for organisation of the prize only.
  • The prize winners and their chosen friends must all be 18 years old or over.
  • The prize is subject to availability at the discretion of the footballer. If the winner is unable to attend on the given date, the prize will be forfeited and allocated to a new winner.
  • All events will be covered by Havas Dublin/ PepsiCo insurance policies copies of which will be attached to event plan documentation on the final day.
  • Winners will need to sign and consent to a waiver on or in advance of the final prize fulfilment day.
  • NI Prize draw: The winner and their chosen team would participate in a non-competitive friendly kick about where in Steven Davis would ‘substitute’ the team manager /coach. Steven Davis’ participation will be limited to a video shoot, social media, and internal communication purposes. The event will be not be competitive and Steven Davis and/or his representatives and/or SUBWAY® reserve the right to determine what form his involvement will take.

    The prize will take place between the 1st and 30th June 2017 and will last for half a day in so far as it will begin no earlier than 9.30am and will finish not later than 1.30pm. It is anticipated but not guaranteed that a schedule of the activities will be supplied to the winner approximately one month before the date.
  • Winners will be requested to give confirmation that they want to accept the prize and permission for their details to be shared with Havas Dublin for organisation of the prize only.
  • The prize winners and their chosen friends must all be 18 years old or over.
  • The prize is subject to availability at the discretion of the footballer. If the winner is unable to attend on the given date, the prize will be forfeited and allocated to a new winner.
  • All events will be covered by Havas Dublin/ PepsiCo insurance policies copies of which will be attached to event plan documentation on the final day.
  • Winners will need to sign and consent to a waiver on or in advance of the final prize fulfilment day.

Promoter: The SUBCARD® loyalty scheme is operated in participating SUBWAY® stores by Eat-Commerce Ltd, located at 40 Oxford Road, High Wycombe, Buckinghamshire, HP11 2EE, UK.