ZK Rewards Terms and Conditions
ZK Rewards Overview
To begin, the ZK Rewards is a way for our company, Zoës Kitchen (“us”, “we” or “our”) to reward, celebrate and surprise our loyal guests. By participating, ZK Rewards members (“you”) may be rewarded with offers, invites to events, sneak peaks on new menu items, special birthday gifts and other wonderful surprises.
Earning ZK Rewards
To determine the type of ZK Rewards you are eligible for, we will look at the types and dates of your transactions, including the size, frequency, number and location of purchase. Examples of ZK Rewards you may receive include:
- Discounts & Offers: Discounts or offers may be sent to you based on past transactions, purchase amounts or at random.
- Birthday Rewards: If you elect to provide us with your birthday, we will celebrate your special day with a birthday reward. You must visit a participating location within the month of your birthday to redeem.
- Exclusive Event Access: We may hold special events that ZK Rewards members may enjoy exclusive access.
- Surprises: We love making our loyal ZK Rewards members feel special, so you never know when another sweet treat may hit your inbox!
To make sure you receive credit for a transaction to your ZK Rewards account, you must scan your unique membership barcode printed, online or in our mobile app, or by providing your phone number attached to your ZK Rewards account at the point of checkout. Your ability to apply a purchase to your account may be limited to participating locations. Zoës Kitchen reserves the right to offer additional rewards or decline to offer rewards in its sole discretion and without notice to you.
Earning and Receiving ZK Catering Rewards
Placing catering orders has amazing rewards too! You will earn ZK Catering Rewards dollars at a rate of 3% of your subtotal spend, which amount shall be credited to your ZK Catering Rewards account. A qualifying catering purchase constitutes a catering order that you place via Zoës Kitchen online ordering catering website, in-store or through an Area Catering Sales Manager. ZK Catering Rewards will be based on your subtotal spend before taxes, rewards, delivery, tip, discounts or gift card purchases. No currency exchange is applied to the value of your purchase for purposes of determining the amount or the value of any ZK Catering Rewards. To receive your ZK Catering Rewards, you are responsible for scanning your unique membership barcode either printed, online or in the Zoës Kitchen mobile app, or by providing your phone number attached to your ZK Catering Rewards account at the point of check out and confirming that it is entered. The ability to apply a credit to your ZK Catering Rewards account shall be limited to participating locations and shall expire 90 days from the date of earning such credit.
Use of ZK Rewards & ZK Catering Rewards
Discounts, credits or offers, if any, earned as a ZK Rewards or ZK Catering Rewards member can be redeemed at participating locations, through www.zoeskitchen.com or through our mobile app. ZK Rewards and ZK Catering Rewards have no cash value and are not transferable. ZK Rewards and ZK Catering Rewards will not be refunded at any time. Don’t forget that all rewards have an expiration date unique to the offer. Generally, only one reward may be redeemed per transaction and you must make a purchase to redeem. When ZK Rewards and ZK Catering Rewards are issued, additional terms, conditions and restrictions may apply including, but not limited to, the expiration or combination of other offers or discounts. We also reserve the right to change, modify, terminate or cancel any offers, terms, rules, benefits, regulations of either rewards program at any time, with or without notice, even though such changes may affect the value of already-issued rewards. Please carefully review the terms and conditions applicable to each reward issued to you.
Permission and Membership Information
ZK Rewards and ZK Catering Rewards programs are open to legal residents of the United States who are at least 18 years of age at the time of registration. The program is not targeted, nor are they intended to be used by anyone under the age of 13. If you are between the ages of 13 and 18, you may only use under the supervision of a parent or legal guardian who agrees to be bound by the ZK Rewards Terms and Conditions. To enroll and receive either ZK Rewards or ZK Catering Rewards, please sign up here or through our mobile app by providing your name, email address, phone number and zip code. At your option, you may enter your street address, preferred Zoës store and/or birthday information. Employees, independent contractors, officers and directors of Zoës Kitchen are not eligible for ZK Rewards or ZK Catering Rewards. While more than one person may use the same email address or phone number (e.g., members of the same household), we will not separate program benefits or offers earned or used by different members of the same household using the same information.
Please always remember that your member ID, account, username, password and information are for your personal use only. We hope to provide you the ability to choose to have your credit card, gift card or other payment method added to your account. If we do, you are responsible for maintaining the confidentiality of, and are responsible for all activities that occur under your member ID, account, username, password, credit card, gift card and any other information that may be used to access your account. If you believe your account has been compromised, please contact us and take immediate action to remove the credit card, gift card or other payment information associated with your account. Neither Zoës Kitchen nor any of its suppliers, contractors or service providers (collectively, “Suppliers”) is responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your account.
You may not use the program for any purpose that is: (a) prohibited by the Terms, (b) violates any applicable law, (c) causes damage on or through the Program, (d) infringes upon the rights of any third party, (e) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent or otherwise objectionable, or (f) actually affects or interrupts, or intends to, operation of ZK Rewards or ZK Catering Rewards.Some of the ZK Rewards or ZK Catering Rewards are made through the use of our Suppliers. By using ZK Rewards or ZK Catering Rewards, you agree to comply with all of our Suppliers’ terms and notices as well. While there are no fees charged by Zoës Kitchen to participate in the program, there may be data usage or other like fees owed to your mobile carrier or internet provider resulting from such use, for which you are solely responsible. You are responsible for payment of any items purchased through ZK Rewards ZK Catering Rewards.
Changes to Terms
We reserve the right to add, remove, or change any of these terms, policies, FAQs, guidelines or other terms pertaining to the ZK Rewards or ZK Catering Rewards programs at any time. If any term changes, then we will let you know by posting an update with the most current modification date. Any modifications will be effective immediately upon posting the revision and you waive any right to receive special notice of such change. By continuing to use the ZK Rewards or ZK Catering Rewards program, you agree to any revised terms or policies posted by us.
While we would hate to ever see you leave our rewards programs, you may cancel your membership with ZK Rewards or ZK Catering Rewards at any time. To cancel, visit your account page at www.zoeskitchen.com. As soon as a membership is cancelled, your rewards will expire. Unfortunately, we must reserve the right cancel your rewards membership at any time, for any reason, at our sole direction. Any cancellation may be based on, but is not limited to, our determination that you are (1) ineligible, (2) violated our terms or any applicable law or regulation, or (3) are in engaged in deception, forgery, fraud or committed any other abuse or wrongful actions affecting the rewards program or Zoës Kitchen.
Managing Email Preferences
Release, Disclaimer and Limitation of Liability
If you participate in the ZK Rewards program, you release Zoës Kitchen, our franchisees, affiliated entities and their respective officers, directors, employees, agents and Suppliers from and against any and all claims, damages, losses, liabilities and other expenses (including, without limitation, attorneys’ fees) relating to any issues arising in connection with the rewards program, use of ZK Rewards, ZK Catering Rewards or your consent to these terms. Our rewards programs are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Zoës Kitchen disclaims all warranties of any kind, express, implied, or statutory, with respect to the ZK Rewards and ZK Catering Rewards programs (including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of any course of dealing, usage or trade). To the fullest extent permitted by applicable law, Zoës Kitchen will not be liable for any indirect, special, incidental, punitive, or consequential damages or losses (including for the indirect loss of profit, revenue or data) arising out of or in connection with the rewards programs, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advise of the possibility of such damages or losses.
Dispute Resolution and Governing Law
In the event there are any issues, these terms and conditions will be governed by and interpreted in accordance with the laws of the State of Texas without regard to any conflict of laws principles. By participating in our rewards programs you agree that you will resolve any disputes with Zoës Kitchen through binding and final arbitration (instead of through court proceedings) as further set forth below. You hereby waive any right to a jury trial of any dispute you have with Zoës Kitchen. Neither you nor Zoës Kitchen may bring a claim against the other as a class action, representative action, or private attorney general action, and neither you nor Zoës Kitchen may participate as a private attorney general, a class representative, nor as a member of a class of claimants, with respect to any dispute or claim between us.
In the event of any dispute concerning our rewards programs or its applicable terms (including issues relating to the effectiveness of this arbitration provision), the parties unconditionally and irrevocably agree that the dispute will be resolved by arbitration (and accordingly they hereby consent to personal jurisdiction over them) exclusively in Dallas, Texas, in accordance with the rules of the American Arbitration Association. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The prevailing party will be entitled to recover its attorneys' fees and arbitration costs from the other party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceeding, except as may be required by applicable law.
In all matters relating to the administration of the ZK Rewards program, the decisions of Zoës Kitchen shall be final. Zoës Kitchen is not responsible for communication problems of any kind, including issues due to a change of email address or other changes in your contact information (so make sure your contact information is up to date!). Under no circumstances will Zoës Kitchen be liable for delay or failure in performance due in whole or in part to any acts of nature or other actions, circumstances or causes beyond its reasonable control. If any provision of these terms is found to be unlawful, void, or unenforceable, then the provision will be deemed severable from these terms and will not affect the validity or enforceability of any remaining provisions. The failure of Zoës Kitchen to enforce any right or provision of these terms will not prevent Zoës Kitchen from enforcing such right or provision in the future. Zoës Kitchen may assign its rights and obligations under these terms including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.