Subway MyWay® Rewards Program – United States, District of Columbia, Puerto Rico, Guam, Northern Mariana Islands, and International U.S. Military Locations

Effective Date: Jan., 1, 2020

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

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

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF THE “ARBITRATION RIGHTS / CLASS ACTION AND JURY TRIAL WAIVER” SECTION BELOW.

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 the United States, District of Columbia, Puerto Rico, Guam, Northern Mariana Islands, and on certain international U.S. military installations, [which includes certain Army & Air Forces Exchange Service ("AAFES") and Navy Exchange Service Command (“NEXCOM”) locations, (“international U.S. military locations”)]; (“Territory”).

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.

We reserve the right to change, modify 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 at our sole discretion. Any changes or modifications will be effective immediately upon posting the changes 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 continued participation in or access to 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 United States or its territories. This program is not targeted toward, nor intended for use by, anyone under the age of 18. If you register for Subway MY WAY® Rewards on or after January 1, 2020, you must be 18 years of age or older to participate. 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.

Without notice to you and in our sole discretion, we reserve the right to suspend or terminate your Subway MyWay® Rewards Account or access to your Account if we determine you have violated these Terms of Use, that there has been fraudulent, deceptive or unlawful activity on your account, or for the performance of routine or non-routine maintenance, error correction or for any other purpose.

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. 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.

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 Subway MyWay® Rewards are eligible to receive “Rewards” based upon the number of “Tokens” that the member earns and account activity.

To begin earning Tokens and Rewards when ordering any of our sandwiches or other products, you can enroll at Rewards & Deals | Subway® 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 of Use 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 Franchise Advertising Fund Trust Ltd. (“SFAFT”) 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

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 Privacy Notice (subway.com) 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, FWH or SFAFT will send you messages and the rewards related to your account to the e-mail address that you provide in your account or through the push notifications in the Subway® App. 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 may continue to send you messages concerning your account.

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.

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 and/or monthly basis.

Bonus Tokens may be awarded based on your performance of 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 Canada. 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 USD; if it is redeemed in Canada, it will have a redemption value of $2 Canadian.

IMPORTANT NOTE: The $2 Reward is not a gift certificate. All 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 us) or termination of the Subway MyWay® Rewards altogether, subject only to notice to you that is required by law, if any.

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.

If a Reward has been redeemed, it will no longer be valid for future purchases.

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.

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.

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.

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 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

Your $2 Reward earned through Subway MyWay® Reward account transactions expires ninety (90) days after we issue it to you.

Other Rewards, including promotional $2 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 pre-identified 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.

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

$2 Reward may be combined with other eligible offers.

Combining $2 Reward with Other Reward Offers

$2 Reward may be combined with other eligible offers.

Additional Terms

Resolution of Disputes / Limitations on Liability and Damages.

PLEASE READ THIS ENTIRE SECTION CAREFULLY. IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT, AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. IT INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.

Arbitration Rights / Class Action and Jury Trial Waiver

YOU HEREBY CONSENT THAT ANY CLAIM, CONTROVERSY, OR DISPUTE RELATED TO OR ARISING OUT OF THE SUBWAY MYWAY® REWARDS PROGRAM, YOUR SUBWAY® ACCOUNT, AND THESE TERMS (OR THE BREACH THEREOF) – WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHER LEGAL THEORY (“DISPUTES”) – SHALL BE RESOLVED BY BINDING CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS ADMINISTRATIVE RULES, AS APPLICABLE, AND ITS CONSUMER ARBITRATION RULES. ALL ARBITRATION HEARINGS OR SIMILAR PROCEEDINGS SHALL BE HELD IN THE CLOSEST METROPOLITAN STATISTICAL AREA TO YOUR PLACE OF RESIDENCE, UNLESS WE AND YOU OTHERWISE AGREE. YOU MAY ALSO ELECT TELEPHONIC PROCEEDINGS OR WAIVE ANY HEARING. YOU ACKNOWLEDGE THAT AFFILIATED ENTITIES, INCLUDING BUT NOT LIMITED TO FRANCHISE WORLD HEADQUARTERS LLC, SUBWAY IP LLC., DOCTORS ASSOCIATES LLC., SUBWAY FRANCHISE SYSTEMS OF CANADA, ULC., SUBWAY MYWAY OF CANADA, ULC, SUBWAY FRANCHISEE ADVERTISING FUND TRUST, LTD., SUBWAY FRANCHISEE CANADIAN ADVERTISING TRUST, ARE INTENDED BENEFICIARIES OF THIS ARBITRATION CLAUSE AND ALL DISPUTES AGAINST THEM MUST BE RESOLVED BY ARBITRATION. YOU FURTHER AGREE THAT, WHILE THESE ENTITIES ARE INTENDED BENEFICIARIES TO THIS ARBITRATION CLAUSE, THEY WILL NEITHER BE LIABLE NOR RESPONSIBLE FOR OUR PERFORMANCE UNDER THIS AGREEMENT. THE PAYMENT OF ADMINISTRATIVE AND ARBITRATION FEES AND COSTS WILL BE GOVERNED BY THE AAA CONSUMER ARBITRATION RULES.

Notwithstanding the previous paragraph, we and you may (1) may bring suit in a federal or state court to enjoin infringement or other misuse of intellectual property rights in the limited circumstances detailed below; and (2) seek individual relief in small claims court for disputes within the jurisdiction of the small claims court.

Class Action Waiver.

TO THE FULLEST EXTENT PERMITTED BY LAW, ARBITRATION OF ALL DISPUTES SHALL PROCEED ON AN INDIVIDUAL BASIS. BOTH WE AND YOU WAIVE ALL RIGHTS TO ARBITRATION OF DISPUTES AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY.

WE AND YOU FURTHER AGREE THAT DISPUTES MAY NOT BE AGGREGATED OR CONSOLIDATED, UNLESS WE AND YOU OTHERWISE AGREE IN WRITING.

The AAA Consumer Arbitration Rules are available for review at: AAA Rules (click Rules, then click Consumer Arbitration Rules).

Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction. You understand that, in return for your agreement to these Additional Terms, we are able to offer you access to and use of the Subway MyWay® Rewards Program at the terms designated, and that your assent to this Section is an indispensable consideration to this contract. You also acknowledge and understand that, with respect to any DISPUTE: 

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY SUCH DISPUTE;

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, and

YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY SUCH DISPUTE.

This Section is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C.1-16 (“FAA”). Any dispute or controversy concerning the enforceability or scope of the arbitration clause will be resolved pursuant to the FAA, despite any other choice of law provision.

Notwithstanding the foregoing, nothing in this Section shall prohibit you or us from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of this contract until an arbitrator can be empaneled and determine whether such temporary relief should continue or be modified or terminated.

This arbitration clause does not amend or modify any rights or obligations under any franchise agreement, development agent agreement, supplier agreement, vendor agreement, or any other contract that you might have with us, our parent, or affiliated entities. All DISPUTES within the scope of those agreements, shall be resolved according to the dispute resolution provisions of those agreements.

This arbitration clause does not apply to claims relating to goods or services purchased at Subway® restaurants. Any such claims must be directed to the individual Subway® franchisee who owns and operates the restaurant where the purchase was made.

Limitations of Liability and Damages

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, including without limitation: (i) any failure, delay or decision by us in administering the Subway MyWay® Rewards or these Terms, 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.

We and you agree that, on any claim arising out of or relating to your participation in Subway MyWay® Rewards or these Terms, 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.

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law must commence within one year after the cause of action accrues.

NOTE: In some jurisdictions the law does not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If those laws are applicable to you, some or all of the foregoing limitations and waivers may not apply to you. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law. If you are a resident of New Jersey, to the extent New Jersey law prohibits the limitations and/or exclusions of liability set forth in these terms, such limitations and/or exclusions shall not apply to you.

Extension to Related Entities / Persons and Survival

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, against any entity or person affiliated with the Subway® brand, including but not limited to us, Franchise World Headquarters LLC, Subway IP LLC., Doctors Associates LLC, Subway Franchise Systems of Canada, ULC., Subway MyWay of Canada, ULC, Subway Franchisee Advertising Fund Trust, Ltd., Subway Franchisee Canadian Advertising Trust, and any Subway® franchisee in the U.S., Puerto Rico, Guam, Northern Mariana Islands, Canada or on any international U.S. military installation; and any of their respective directors, officers, employees, or other representatives. The foregoing arbitration provision, limitations, and waivers shall also survive the termination of these Terms. In the event that any part of these Terms is determined by an arbitrator or court to be invalid or unenforceable, the remainder shall still be given full force and effect, to the fullest extent permitted by law.

Governing Law for Participants

We and you agree that your participation in Subway MyWay® Rewards and these Terms of Use, evidence transactions affecting interstate commerce, which render these Terms of Use subject to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

To the extent permitted by law, these Terms shall otherwise be governed by and construed in accordance with the substantive laws of the State of Virginia without reference to any rules regarding conflicts of law.

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 addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: all provisions starting from Additional Terms.

To cancel your membership at any time, please call customer care at 877-697-8222. Your membership in Subway MyWay® Rewards 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