Terms and Conditions

The sponsor of the TimsTM Rewards Program (the “Program”) is The TDL Group Corp. and its parent company (the “Sponsor”). By participating in the Program, including without limitation registering for an Account (defined below) or using a Digital Program Card (a “Digital Card”) or a Physical Program Card (a “Physical Card”) (Digital Cards and Physical Cards are each a “Card”), you: (a) agree to be legally bound by (and to comply with): (i) the www.timhortons.com, Terms of Service and Privacy Policy (the “Additional Terms”); and (ii) these Program Terms and Conditions (the “Program Terms” and, together with the Additional Terms and the Specific Offer Terms (defined below), the “Terms”); (b) warrant and represent that you are a Canadian legal resident; and (c) warrant and represent that you have reached the legal age of majority in your province or territory of residence (or if between the ages of 13 years and the legal age of majority in your province/territory of residence, you will only participate in the Program under the supervision of your parent or legal guardian who has agreed on your behalf that you will be bound by the Terms and who has agreed on his/her own behalf to be bound by the Terms) and that you will comply with all applicable laws in the course of participating in the Program.

IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE PROGRAM.

The Program is valid in Canada only.

Subject to applicable law, the Sponsor reserves the right, in its sole and absolute discretion, to modify all or any portion of these Program Terms at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to these Program Terms at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date these Program Terms were last revised. To the fullest extent permitted by applicable law, your continued participation in the Program after the date specified above (or in any notice provided to you) constitutes your full acceptance of, and agreement to be legally bound by, these Program Terms, as revised.

Before you may participate in the Program, you must obtain a Physical Card (available at your local participating Tim Hortons® restaurant) or a Digital Card (available via the Tim Hortons® Mobile App (the “App”) or by downloading the digital wallet card from the Website, as defined below, and adding to a digital wallet on your smartphone).

In respect of Physical Cards, it is strongly recommended that you: (i) register for a TimsTM Rewards Account (an, “Account”) by following the instructions provided on Timhortons.com/rewards (the “Website”) or the App; and (ii)enroll your Physical Card with your Account (collectively, a “Program Registration with a Physical Card”).

By accessing and using a Digital Card through the App, you will automatically be provided with an Account (collectively, a “Program Registration with a Digital Card”) with the option to later enroll your Physical Card with your Account (collectively, Program Registrations with Physical Cards and Program Registration with Digital Cards will be referred to as “Program Registrations”).

Cards are not gift cards and you will not collect rewards points in connection with the Program.

There is a limit of one Digital Card and one Physical Card per person. Each Card is specific to an individual and may not be shared, transferred or sold. If your Physical Card is stolen, lost or damaged, it is strongly advised to immediately deactivate the Physical Card (via the Website or App), and then to request a replacement Physical Card. The Sponsor is not required to replace it; however, the Sponsor may at its sole discretion replace it if you have enrolled the Physical Card with your Account and the replacement Physical Card must be enrolled with your Account in accordance with the procedure outlined above (if successfully enrolled, the activities completed with your previous Card will be associated with new Card, subject to your compliance with the Terms, and the old Card will be deactivated). Please allow up to 24 hours for such changes to take effect.

For details regarding current Program offers (including the corresponding rewards) (the “Offers”) that may be made available to you (as determined by the Sponsor in its sole and absolute discretion) via your Account (your “Personalized Offers”) (the “Rewards”), visit the Personalized Offers section of your Account. For greater certainty, each Personalized Offer is subject to its specific terms and conditions as communicated to you (the “Specific Offer Terms”), including without limitation as communicated to you in the Personalized Offers section of your Account. Personalized Offers may be made available to you on the basis of a variety of factors (as determined by the Sponsor in its sole and absolute discretion), including without limitation your purchase habits. Certain Offers may only be made available to you (i.e. via your Personalized Offers) if you have completed a Program Registration (as determined by the Sponsor in its sole and absolute discretion). Personalized Offers are subject to change at any time without notice, all as determined by the Sponsor in its sole and absolute discretion.

In order to complete a transaction in connection with a Personalized Offer, the transaction must be completed in connection with a participating Tim Hortons® location in Canada via the App (using your Account with which your Card has been enrolled) or at a participating Tim Hortons® location in Canada by presenting your Physical Card at the time of completing the transaction and otherwise comply with the Terms (an “Eligible Transaction”). For the avoidance of doubt, a transaction completed via third party ordering website and / or a delivery aggregator is not an eligible transaction. Certain Personalized Offers made available to you may require you to first activate them via your Account in accordance with their respective Specific Offer Terms (and, in respect of any such Personalized Offer, any transaction completed prior to activation will not count as an Eligible Transaction in connection with such Personalized Offer).

Your Rewards, Card, Account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that you have attempted to: (i) exceed any of the limit stated in the Terms; (ii) use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to register for or otherwise participate in, or to disrupt, this Program; and/or (iii) then you may be disqualified from the Program (and your Eligible Transactions, Rewards, Card, Account and any other aspect of the Program made available to you may be revoked, nullified and voided) in the sole and absolute discretion of the Sponsor.You and your Eligible Transactions, Card, Account, Personalized Offers, Rewards and any other information or activities associated with this Program (collectively, “Program-related Information”) are subject to verification at any time and for any reason.The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying your eligibility to participate in this Program; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Program-related Information that has been used or submitted in connection with this Program; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with the letter and spirit of these Terms.If you fail to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor, then you may be disqualified from the Program (and your Eligible Transactions, Rewards, Card, Account and any other aspect of the Program made available to you may be revoked, nullified and voided) in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Program will be the Sponsor’s server machine(s). Sponsor may, in its sole discretion, suspend, cancel or combine Accounts that appear to be duplicative.

All Program-related Information is and remains the sole and exclusive property of the Sponsor. The decisions of the Sponsor with respect to all aspects of this Program are final and binding on all participants without right of appeal, including, without limitation, any decisions regarding the eligibility or disqualification Eligible Transactions, Rewards or participants. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. Sponsor also reserves the right to "unregister" and make ineligible for use in connection with the Program any Card or Account that has been inactive for two (2) consecutive years without notice to you, unless otherwise required by law. A Card or Account is considered inactive if no Eligible Transactions or no Rewards have been earned in connection with such Card or Account (as determined by the Sponsor in its sole and absolute discretion on the basis of its records). In the event that your Card or Account is unregistered or rendered ineligible, then all Eligible Transactions and any Rewards associated with such Card and/or Account are revoked, nullified and voided.

To the maximum extent permitted by applicable law, by participating in the Program, you hereby: (i) release the Sponsor, its parent company, affiliates, any other entity or person involved in the organization, administration or fulfillment of the Program and each of their respective officers, directors, shareholders, franchisees, employees, representatives, agents, successors and assigns (collectively, the “Program Parties”) from any loss, liability, claim, demand, damage or expense that arises in connection with your participation in the Program (including without limitation with any use or misuse of Program-related Information); and (ii) agree to indemnify, defend and hold harmless the Program Parties from any loss, liability, claim, demand, damage or expense asserted by any entity or person relating in any way to your breach of any of the Terms. Without limiting the generality of the foregoing, the Program Parties are not responsible for: (a) late, lost, misdirected, delayed, incomplete or incompatible Program-related Information (all of which are void); (b) any failure of a Card, Account, the Website, the App or any other Program-related software, hardware or other type of system; (c) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (c) any injury or damage to participant’s or any other person’s computer, mobile device, tablet or other device related to or resulting from participating in the Program; and/or (d) any combination of the above.

By completing a Program Registration and otherwise participating in this Program, you agree that the Sponsor may collect, use and disclose your personal information to administer and fulfill the Program, including without limitation provide and manage products and services you request under the Program, communicate with you about the Program (including without limitation via electronic communications) and otherwise use your personal information with your consent or at your direction, and as set out in our Privacy Policy. This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

In the event of any discrepancy or inconsistency between the English Terms and disclosures or other statements contained in any Program-related materials, including, but not limited to: the Website, App or the French version of these Terms, and/or point of sale, television, print or online advertising; the terms and conditions of these English Terms shall prevail, govern and control to the fullest extent permitted by law.

For participants outside the province of Quebec, the Terms, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to the Terms, and any related matters.

For users in the province of Quebec, the Terms, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to these Program Terms, and any related matters.

Personalized Offers

Capitalized terms used, but not defined, in this Personalized Offers page have the meanings specified in the Program Terms available here. There is a limit of five (5) Primary Rewards per person and per Card at any given time. Rewards earned under the Program are promotional and have no cash value. Limit of one (1) Primary Reward redemption per transaction per 30 minutes. Rewards cannot be combined with any other discounts, coupons or offers. In any event, each Reward will expire 120 days after it is received.

The following are the “Primary Offers” that allow participants to receive “Primary Rewards”:

1. Registration Offer: To participate in this Registration Offer, you must first complete a Program Registration. Next, if you visit a participating Tim Hortons® location in Canada, complete a purchase that is greater than $1.50 CAD (excluding applicable taxes and including any applicable discounts) between March 20, 2019 and July 31, 2019 using: (i) a code generated through your Account using the Website, Google Pay or Apple Wallet; (ii) the App; or (iii) by presenting your Physical Card at the time of purchase, you will be credited with having completed an “Eligible Purchase for Registration Offer” for the purposes of this Registration Offer, subject to your compliance with the Program Terms. If you complete one (1) Eligible Purchase for Registration Offer in compliance with the Program Terms, during your next visit of a participating Tim Hortons® location in Canada, you will be eligible to receive, upon presentation of your Physical Card, Digital Card or redemption through the App, either: (a) one (1) hot brewed coffee or hot tea (steeped or specialty bagged but excluding tea based lattes) beverage of any size (S, M, L or XL) (excluding modifiers (e.g. expresso or whipped toppings)) (a “Registration Offer Beverage Reward”); or (b) an individual baked good (subject to availability in the showcase at the applicable participating Tim Hortons® location) (excluding bagels or timbits®) (a “Registration Offer Baked Good Reward”) (collectively, the Registration Offer Beverage Rewards and Registration Offer Baked Good Rewards will be referred to as the “Registration Offer Rewards”).You may choose to receive either a “Registration Offer Beverage Reward” or “Registration Offer Baked Good Reward”, and may select your beverage or baked good of choice subject to the availability of eligible beverages or baked goods in-restaurant at the time of redeeming the Reward. In the event you order more than one (1) eligible beverage or baked good, the Registration Offer Reward will be applied to the highest priced item.In the event you order an eligible beverage or baked good in a combination meal, the Registration Offer Reward will be applied and the other two items will be charged at each item’s individual price. In the event you order a combination meal as well as one or more a la carte eligible beverage or baked good items the Registration Offer Reward will be applied to the highest priced eligible beverage or baked good item outside of the combination meal. Exact beverage or baked good selection, and menu items and kitchen hours may vary by restaurant.All Rewards must be redeemed within 120 days of earning such Reward.Redemption of such Reward transaction counts as an “Eligible Purchase for First Offer”.

2. First Offer: If you visit a participating Tim Hortons® location in Canada, complete a purchase that is greater than $0.50 CAD (excluding applicable taxes and including any applicable discounts) on or after March 20, 2019 using the App or by presenting your Physical Card at the time of purchase, you will be credited with having completed an “Eligible Purchase for First Offer” for the purposes of this First Offer, subject to your compliance with the Program Terms. There is a limit of one (1) Eligible Purchase for First Offer per person and per Card per 30 minute period. If you complete seven (7) Eligible Purchases for First Offer in compliance with the Program Terms, during you next visit to a participating Tim Hortons® location in Canada, you will be eligible to receive, upon presentation of your Physical Card, Digital card, or redemption through the App, either: (a) one (1) hot brewed coffee or hot tea (steeped or specialty bagged but excluding tea based lattes) beverage of any size (S, M, L or XL) (excluding modifiers (e.g. expresso or whipped toppings)) (a “First Offer Beverage Reward”); or (b) an individual baked good (subject to availability in the showcase at the applicable participating Tim Hortons® location) (excluding bagels or timbits®) (a “First Offer Baked Good Reward”) (collectively, the First Offer Beverage Rewards and First Offer Baked Good Rewards will be referred to as the “First Offer Rewards”).You may choose to receive either a “First Offer Beverage Reward” or “First Offer Baked Good Reward”, and may select your beverage or baked good of choice subject to the availability of eligible beverages or baked goods in-restaurant at the time of redeeming the First Offer Reward. In the event you select more than one (1) eligible beverage or baked good, the First Offer Reward will be applied to the highest priced item. In the event you order an eligible beverage or baked good in a combination meal, the First Offer Reward will be applied and the other two items will be charged at each item’s individual price. In the event you order a combination meal as well as one or more a la carte eligible beverage or baked good items the First Offer Rewards will be applied to the highest priced eligible beverage or baked good item outside of the combination meal. Exact beverage or baked good selection, and menu items and kitchen hours may vary by restaurant.All Rewards must be redeemed within 120 days of earning such First Offer Reward.Redemption of such First Offer Reward transaction also counts as an “Eligible Purchase for First Offer”.