Frequent Diner Terms & Conditions
By participating in the Lettuce Frequent Diner Program, you agree to be bound by these terms and conditions, including, without limitation, the arbitration agreement and class action waiver included below. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE LETTUCE FREQUENT DINER PROGRAM.
The Frequent Diner Program is for individual customers only (commercial use is prohibited). Points may not be credited to business entities. Points are earned for each dollar spent (excluding tax and tip) at all participating Lettuce Entertain You® restaurants, including gift certificate and merchandise purchases. For every 150 points accrued members receive $10 in Reward Dollars. Certain restrictions apply.
Frequent Diner Club points are not awarded at Big Bowl Chinese Express, Do-Rite Donuts, The Ivy Room, Ambria, Maggiano’s outside of Illinois and Wisconsin or Wow Bao locations outside of Chicago. Points and Reward Dollars cannot be earned or redeemed at the Windy City Smokeout Festival. Points are not awarded when a third-party service is used for carryout or delivery. Frequent Diner points are non-transferable.
To qualify for points on party functions, you must be a Frequent Diner Club member before booking the party (points for parties are given on food and beverage only). Parties, banquets and private events are not eligible for silver or gold bonus points. Only the person paying the bill may be credited with points for any purchases.
If you have at least one paid visit/point accrual added to your account during the calendar year, the points on your account will roll over to the following year.
Gold tier Frequent Diner Club members must spend a minimum of $2500 in a calendar year to maintain their status. Silver Frequent Diner Club members must spend a minimum of $1,000 in a calendar year to maintain their status.
Frequent Diner Dining Rewards are not valid in conjunction with any other offers, discounts, and promotional certificates.
Frequent Diner Rewards cannot be redeemed on Saturday nights at any Lettuce restaurant or participating locations. Friday nights are also excluded at the Eiffel Tower and Everest.
Reward Dollars are not valid at Joe’s Live in Rosemont, IL, Do-Rite Donuts, The Ivy Room, Ambria, Maggiano’s outside of Illinois and Wisconsin, Wow Bao locations outside of Chicago, airport locations, or any Big Bowl Express locations.
Rewards Dollars are also not valid on New Year’s Eve, Valentine’s Day, Mother’s Day, Thanksgiving and Christmas. Frequent Diner Rewards are also not valid in conjunction with any other offers, discounts, and promotional certificates. Frequent Diner Rewards are not valid for payments toward private parties, merchandise, or catering (orders over $250).
Lettuce Entertain You Enterprises, Inc. (LEYE) reserves the right to add or withdraw participating restaurants, to make changes in the rules or prizes, audit or cancel your account, or terminate the program at any time without advance notice. LEYE reserves the right to cancel or suspend accounts due to inactivity, suspicion of fraud or any inappropriate activity (in LEYE's sole discretion) on a member's account. Upon termination or cancellation of an account for any reason, all Frequent Diner Points and all Frequent Diner Dining Rewards shall automatically be forfeited.
Federal and State tax liabilities are the responsibility of the cardholder. Participating sponsors may impose their own rules. Applicants and participants must be 18 years of age or older to become members. Employees of Lettuce Entertain You Enterprises, Inc., and its affiliated companies and their families are not eligible for membership.
During the Holiday Bonus Promotion November 1 through December 30, you are eligible to receive either the $25 Holiday Bonus certificate for every $100 purchase or Frequent Diner Points but not both.
DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) you may have at law or in equity against Lettuce Entertain You Enterprises, Inc. (“Lettuce”), any related entity, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “Lettuce Entities”) arising out of or relating in any way to Lettuce Frequent Diner Points, your participation in any Lettuce Frequent Diner Program, these Terms or the scope or applicability of this agreement to arbitrate (each, a “Lettuce FDP Dispute”) will be resolved in accordance with the provisions set forth in the following paragraph. Please read this paragraph carefully. It affects your rights and will have a substantial impact on how Lettuce FDP Disputes are resolved. You agree that whenever you have a Lettuce FDP Dispute, you will send a written notice to Lettuce (a “Demand”). You agree that the requirements of this paragraph will apply even to disputes that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”): Lettuce Frequent Diner Legal Disputes, 5419 N. Sheridan Road, Suite 116, Chicago, Illinois 60640. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within such 10 business days, the Lettuce FDP Dispute (1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Chicago, Illinois; (4) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that the applicable user may have entered into; (5) the arbitrator shall apply Illinois law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Lettuce Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Lettuce Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Lettuce Entity exceed $125 USD, and you are unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, Lettuce agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Lettuce will pay as much of your filing and hearing fees (but not attorney or other representation fees) in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the affected Lettuce Entity shall be entitled to arbitrate their dispute. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company.
LIMITATIONS ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE LETTUCE ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE LETTUCE FREQUENT DINER PROGRAM, EVEN IF ANY OR ALL OF THE LETTUCE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A REGISTERED PARTICIPANT PROVES THAT LETTUCE HAS IMPROPERLY DENIED SUCH REGISTERED PARTICIPANT ANY REWARD, LIABILITY WILL BE LIMITED TO THE EQUIVALENT REWARD. BY PARTICIPATING IN THE LETTUCE FREQUENT DINER PROGRAM, A REGISTERED PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.