ZK Catering Rewards Terms & Conditions

Welcome to ZK Catering Rewards! By enrolling in the ZK Catering Rewards program (the “Program”), you agree to these Terms and Conditions as well as other rules and procedures of the Program including our Privacy Policy. If you do not agree to any of these Terms and Conditions, please do not enroll in or immediately withdraw from our Program. If you no longer want to participate or disagree with any changes to the Terms and Conditions, please cancel your catering rewards account.

ZK Catering Rewards Overview

To begin, the Program is a way for our company, Zoës Kitchen (“us”, “we” or “our”), to reward our loyal catering guests. By participating, ZK Catering Rewards members (“you”) may earn 3% back on every catering order purchased.

Earning and Receiving ZK Catering Rewards

Placing catering orders has worthwhile rewards! 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 website, in-store or through one of Zoës Kitchen’s Catering Account Sales Executive.

ZK Catering Rewards will be based on your subtotal spend before taxes, rewards, delivery, tip, discounts or gift card purchases. It is your responsibility to identify that you are placing a catering order to the Zoës Kitchen team member taking your order in order to accurately earn your Program rewards. 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 registered phone number 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. Members will be able to upload receipts to www.zoeskitchen.com for catering orders that did not receive credit toward ZK Catering Rewards – the 90 day reward expiration date will be based on the date of the catering order, not the date the receipt is uploaded to www.zoeskitchen.com.

Use of ZK Catering Rewards

Discounts, credits or offers, if any, earned as a Program member can be redeemed at participating locations, through www.zoeskitchen.com or through our mobile app. ZK Catering Rewards have no cash exchange value, are not transferable and will not be refunded at any time. Don’t forget that all rewards have an expiration date. When ZK Catering Rewards are issued, additional terms, conditions and restrictions may apply. We also reserve the right to change, modify, terminate or cancel any offers, terms, rules, benefits, and regulations of the Program at any time, 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

By enrolling in the Program, you authorize Zoës Kitchen, its affiliates and partners to communicate marketing and company information to you. Communications may include marketing emails, direct mail and other communications about offers and promotions. By enrolling, you also agree to all terms listed in our Privacy Policy. See “Privacy Policy” below.

ZK Catering Rewards is 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 is it 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 the Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. To enroll in the Program, please sign up here or through our mobile app by providing your name, email address, phone number, zip code and preferred Zoës Kitchen store. At your option, you may enter your street address and/or birthday information. 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 payment information 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 these Terms and Conditions, (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 or intends to affect or interrupt the operation of the Program. 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 the Program.

Changes to Terms and Conditions

We reserve the right to add, remove, or change any of these terms, policies, FAQs, guidelines or other terms pertaining to the Program at any time. 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 Program, you agree to any revised Terms and Conditions or policies posted by us.

Membership Cancellation

While we would be disappointed to ever see you leave our Program, you may cancel your membership with ZK Catering Rewards at any time. To cancel, visit your account page at www.zoeskitchen.com. As soon as a membership is cancelled, your ZK Catering Rewards will expire. Unfortunately, we must reserve the right to cancel your ZK Catering 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 these Terms and Conditions 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 Program or Zoës Kitchen.

Managing Communication Preferences

You may opt out from receiving Program communications at any time. To do so, please click unsubscribe on the bottom of the email and complete the opt out process. When opting you, you will still be eligible to participate in the Program, however you will not receive communications about offers within the Program. For more information about managing your information preferences and opting out, please see our Privacy Policy.

Privacy Policy

Except as otherwise noted in these terms, Zoës Kitchen Privacy Policy and standards will apply to information you provide through the Program. See our Privacy Policy at www.zoeskitchen.com to understand how we collect, use and share information. By accessing or using ZK Catering Rewards, you consent to all actions that we take with respect to your data that is consistent with our Privacy Policy.

Release, Disclaimer and Limitation of Liability

If you participate in the Program, you agree to 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 and related costs) relating to any issues arising in connection with the Program, use of ZK Catering Rewards or your consent to these Terms and Conditions. Our Program is 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 Program (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 Program, 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 the Program, 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 the Program or its applicable Terms and Conditions (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, by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be heard and determined by a single neutral 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.

General

In all matters relating to the administration of the Program, the decisions of Zoës Kitchen shall be final. Zoës Kitchen is not responsible for communication problems of any kind, including issues due to changes in your contact information (so make sure your contact information is up to date!). Under no circumstances will Zoës Kitchen be liable for any 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 and Conditions are 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 and Conditions 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 and Conditions including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.