DISCOVER DOM'S REWARDS PROGRAM TERMS & CONDITIONS
Effective Date: March 4, 2024
Please carefully review these terms & conditions.
The Discover Dom’s Kitchen and Market Rewards Program (the “Program”) provides participants with access to certain benefits and offers from time to time, including special events, drinks from The Brew, and special offers at participating Dom’s Kitchen and Market stores. The Dom’s GO mobile application (the “App”) facilitates the Program, and you can also use the App for transactions that are not part of the Program.
These Discover Dom’s Kitchen and Market Rewards Program Terms and Conditions (“Terms and Conditions”), together with Dom’s Kitchen & Market Terms of Service (collectively, these “Terms”) set forth the terms and conditions, including an Arbitration Agreement, applicable to the Program through the Dom’s website, the App and use of the App. In these Terms and Conditions, “you” and “your” refer to the person who has registered for the Program. “We,” “us” and “our” refer to Doms Market, LLC, a Delaware limited liability company (“Dom’s”).
Please note that Section 14 of these Terms and Conditions contains provisions governing how to resolve disputes between you and Dom’s. Among other things, Section 14 includes an agreement to arbitrate disputes, which requires, with limited exceptions, that all disputes between you and us shall be resolved by binding and final arbitration. Section 14 also contains class action and jury trial waiver. Please read Section 14 carefully.
Unless you opt out of the agreement to arbitrate as set forth in Section 14: (a) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you waive your right to participate in a class action lawsuit or class-wide arbitration; and (B) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
If you do not agree to be bound by these Terms, then you may not participate in the Program. You acknowledge and agree that we may provide updates, notices, disclosures and amendments to the Terms, along with other Program information by electronic means, including by posting such information at domschicago.com/Rewards/. Accordingly, we suggest that you review these terms periodically, as they may be updated from time to time.
1. PROGRAM QUALIFICATIONS
You must be at least thirteen (13) years of age and reside in the United States to register for the Program. Only Dom’s consumers may register for the Program. Current employees of Dom’s Kitchen & Market may not participate in the Program. To fully participate in the Program, you must download the App from the Apple App Store® or Google Play™ store and register your account. If you do not have the App, then you may not be able to access certain benefits of the Program or activate certain Benefits (defined in Section 7 or Offers (defined in Section 9 (“Offers”).
2. REGISTERING FOR THE PROGRAM
3. CHANGES; MODIFICATIONS
Dom’s may change, modify, limit, and/or eliminate the Program (or any portion of the Program or these Terms or any policy pertaining to the Program) from time to time and at our discretion. Without limiting the foregoing, we may, to the extent permitted by law, amend these Terms and Conditions at any time by posting updated or revised Terms at https://domschicago.com/discover-doms-terms-and-conditions/. Please check the Dom’s Kitchen and Market Rewards Program Terms and Conditions and the Dom’s Kitchen & Market Terms of Service frequently for any updates or revisions to these Terms. Unless otherwise indicated by us, any amendments shall apply to any transactions occurring on or after the effective date of the amendments. Except where prohibited by law, receiving or redeeming any Benefits or Offers after the effective date of any amendment shall confirm that you agree to such amendment. If you do not agree to an amendment, you must cancel your participation in the Program in accordance with Section 12 (OPTING OUT OF THE PROGRAM) below.
4. PARTICIPANT COMMUNICATIONS
By joining the Program, you agree to receive communications from Dom’s, including emails and push notifications, regarding the Program and concerning offers and promotions that may be of interest to you.
If you opt out of receiving emails and/or decline to receive push notifications from the App, you may be precluded from participating in and receiving some or all of the benefits of the Program. You are responsible for keeping your contact information up to date with Dom’s; Dom’s is not responsible for any Benefits or Offers lost because of changes in contact information.
5. DELIVERY COMMUNICATIONS
If you place a delivery order using the App, then you agree to receive non-marketing delivery communications from Dom’s or its third-party service providers, including via text message, and calls to the cellular telephone number you provide at checkout. To opt out of receiving text messages regarding your delivery order, you can reply “STOP” from the mobile device receiving the messages. Standard data and message rates apply.
6. PROGRAM LEVELS
The Program consists of three levels: (1) the free-to-join “Foodie” level available to all eligible participants who join the Program; (2) a “Sous Chef” level available to participants who spent at least $150* at Dom’s (in-store or via https://domschicago.com) the current calendar month, and (3) a “Master Chef” level available to participants who spent at least $250* at Dom’s in-store or via https://domschicago.com) the current calendar month. When you join the Program, you are automatically enrolled at the Foodie level. If you lose Sous Chef or Master Chef status, you will revert to the Sous Chef or Foodie level, as applicable.
*To count towards loyalty status spend, participants must (a) if in-person, provide the phone number associated with the participant’s Program account at the point of sale prior to payment, or (b) if online, be logged into participant’s Program account. Certain exclusions apply. For example, in-person purchases made without providing the phone number associated with the participant’s Program account at the point of sale prior to payment and orders made via third-party services (e.g., DoorDash), do not count towards the spend thresholds. In addition, Benefit and/or Offer redemptions, gift card purchases, online purchases other than via DomsChicago.com, digital gift cards, discounts, taxes, tips, delivery fees, bag fees, cup fees, and recycling deposits, are excluded and do not count towards the spend threshold.
Participants are automatically at the Foodie-level upon enrollment and remain at the Foodie level unless the participant spends the minimum amount required to achieve Sous Chef or Master Chef status. Participants qualify for the Sous Chef or Master Chef levels when they spend the requisite amount, and then they maintain that level for the next 30 days. Sous Chef and Master Chef participants must requalify for their status by spending the requisite amounts during the following calendar month. If a participant does not qualify for either Sous Chef or Master Chef status during the next calendar month, then the participant will revert to Foodie status at the end of then current 30-day period. For Sous Chef participants, any upgrade to Master Chef status as a result of eligible purchases will take effect upon qualification and last for 30 days from qualification. For Sous Chef and Master Chef participants who requalify for their then-current level, the next 30 dayss of benefits begin after expiration of the period’s benefits. For Benefits or Offers that expire weekly, the week begins on Sunday and ends Saturday. Benefits and Offers do not accrue over the benefit period. Any Benefits or Offers that are not redeemed by the applicable expiration date will be lost and will not be rolled over or credited back to your account.
Each Program level includes the benefits in the table below, which may be changed by Dom’s at any time in its sole discretion by updating these Terms and Conditions (“Benefits”). You may not redeem Benefits for cash, except as otherwise required by law, and they have no cash value. You do not own Benefits, which can be changed or eliminated by Dom’s in its sole discretion at any time. You may not use Benefits to satisfy any requirement of any promotional offer that requires you to purchase any item or spend a certain amount. For example, if you have received a buy-one-get-one-free offer, you may not use a Benefit towards one item and then receive one free as part of the promotional offer. Benefits are promotional in nature and non-transferable. Benefits may be subject to additional terms, including, without limitation, qualifying purchases and expiration dates.
8. REDEEMING BENEFITS
If you are shopping online or in the App, you can find available Benefits in the Participant section. Benefits will be automatically applied at checkout, however, you may have to activate certain Benefits in the App prior to checkout in order for them to be applied. You must provide the phone number associated with your Program account at the point of sale prior to payment, or if online, be logged into your Program account to redeem Benefits.
Offers may be made available to participants via the App from time to time (“Offers”). If you are shopping online or in the App, you can find available Offers in the Participant section. Offers will be automatically applied at checkout, however, you may have to activate certain Offers in the App prior to checkout in order for them to be applied. You must provide the phone number associated with your Program account at the point of sale prior to payment, or if online, be logged into your Program account to Offers. Offers may not be redeemed, except as otherwise required by law, and they have no cash value. You do not own Offers, which can be changed or eliminated by Dom’s in its sole discretion at any time. You may not use Offers to satisfy any requirement of any promotional offer that requires you to purchase any item. For example, if you have received a buy-one-get-one-free Offer, you may not use an Offer towards one item and then receive one free as part of the promotional offer. Offers are promotional in nature and non-transferable. Offers may be subject to additional terms, including, without limitation, qualifying purchases and expiration dates.
10. BONUS BENEFITS
Dom’s may, from time to time and in its sole discretion, offer promotions in which a Master Chef, Sous Chef, and/or Foodie participant as of a specified date may receive limited-time Benefits. If offered, such Benefits could be made available via the App to accounts selected by Dom’s in its sole discretion. Such Benefits may be subject to brief expiration times and other restrictions. Additional terms, conditions, limitations or restrictions may apply, and may be disclosed in association with any such Benefit or added to these Terms from time to time.
11. TERMINATION AND EXPIRATION OF BENEFITS
If you request the deletion of your Dom’s account, you will lose access to all available Benefits effective as of the time your account deletion is processed. If you lose Master Chef or Sous Chef status, you will lose access to the respective benefits effective as of the loss of your Master Chef or Sous Chef status, as applicable.
Lost/expired Benefits will not be credited back to your account.
12. BENEFITS INQUIRY
You may check for available Benefits via the Rewards section of the App or online at domschicago.com/rewards/
We are not responsible for any unauthorized access to your account or any unauthorized use of any Benefits or Offers. You are solely responsible for keeping your credentials confidential and not allowing others to access or use your account. If you believe any such unauthorized access or use has occurred, you may notify us at email@example.com. Upon receipt of such notification, we will help you to set up a new account, however, we will not reinstate Benefits or Offers that were redeemed by an unauthorized user of your account.
13. OPTING OUT OF THE PROGRAM
You may opt out of the Program at any time by deleting your account via the App, by contacting guest services in store, or by emailing firstname.lastname@example.org. Once you have canceled your account, you will no longer receive Benefits or Offers. Once you have canceled your account, you will no longer receive Benefits or Offers or credit towards Master Chef or Sous Chef status. Additionally, you will not be able to redeem any available Benefits or Offers at the time of account cancellation.
14. ARBITRATION IF A DISPUTE ARISES (“ARBITRATION AGREEMENT”)
SCOPE OF ARBITRATION AGREEMENT. Any legal dispute between you and Dom’s concerning or arising out of the Program, including the App, your Dom’s account, and/or the Benefits or Offers, including any other communications between you and Dom’s, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or Dom’s may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, so long as it is brought and maintained as an individual claim.
RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. You may opt out of this Arbitration Agreement within the first sixty (60) days after you register for the Program or sixty (60) days after any material change to these Terms and Conditions, as indicated by a new effective date of these Terms and Conditions, by sending a letter to Dom’s at the address listed below. Your letter must include your printed name and mailing address, and the words “Reject Arbitration.”
INFORMAL DISPUTE RESOLUTION. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party thirty (30) days to respond. Notice shall be made by first class or registered mail (a) to Dom’s at the address below and (b) to you at the email address on file with Dom’s. This informal dispute resolution requirement is a prerequisite to any arbitration; you and we must provide with any arbitration demand a copy of the notice of dispute and evidence of mailing.
HOW ARBITRATION WORKS. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website http://www.adr.org , or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Dom’s agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Chicago, IL. Except for a dispute determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process above and/or has not included the notice of dispute and proof of mailing with the arbitration notice, Dom’s will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court. Although any damages award must be individualized to you, the arbitrator may award public injunctive relief if you are resident of California. You and Dom’s also agree that each party may bring claims against the other in arbitration only in your or their respective individual capacity and in so doing you and Dom’s hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. This Arbitration Agreement survives the end of your participation in the Program, whether by cancellation, termination or otherwise.
GOVERNING LAW AND OTHER TERMS. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms and Conditions, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of Illinois will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have the authority to consider the validity of the waiver.
15. COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
16. REVOCATION AND TERMINATION OF ACCOUNT OR PROGRAM
Dom’s reserves the right to cancel, terminate, suspend, or revoke your account at any time in our discretion, without prior notice, subject to applicable law. Upon cancellation, termination, suspension, or revocation of your account, you shall not be able to participate in the Program or receive additional Benefits or Offers, and any available Benefits or Offers shall immediately expire.
Dom’s reserves the right to cancel, terminate, or suspend the Program at any time in its sole discretion, with or without notice. Upon cancellation, termination, or suspension of the Program, you shall not receive additional Benefits or Offers and any available Benefits or Offers in your account shall immediately expire. Upon cancellation, termination, or suspension of the Program, you will no longer be able to redeem any Benefits. Notwithstanding the foregoing, if Dom’s terminates the Master Chef or Sous Chef level of the Program, Dom’s will provide all then-current Master Chef and Sous Chef participants with prior notice and an opportunity to use their Master Chef and Sous Chef benefits through at least the end of the current calendar month.
17. CONTACT INFORMATION
You may ask a question, request that we update your information, or submit feedback by contacting us at:
Doms Market LLC, Attention: Dom’s Rewards Program Customer Service 167 N. Green St., Suite 1100, Chicago, IL 60607
Customer Service: email email@example.com.