PROGRAM RULES

Rachel’s Kitchen Preferred Guest Program Terms

These Terms were last revised on June 19, 2014.

To show our appreciation for your business, we have created the Rachel’s Kitchen Preferred Guest program which enables you to receive recognition for your loyal patronage. You will earn one point for each dollar you spend (not including taxes or gift cards). Points can also be accumulated through other activities, such as participating in exclusive Preferred Guest promotions. Simply provide your Preferred Guest card when ordering, or follow the specific instructions provided with promotions to earn points.You can redeem your points for a variety of benefits. Currently points may be redeemed in 50-, 100-, 200, or 1000-point increments.A Preferred Guest card must be activated, and may be required to be presented, in order to earn/receive rewards. You must be at least 13 years of age to participate in the Preferred Guest Program. Only one Preferred Guest card per person.Number, type and frequency of rewards may be based upon a number of factors, each subject to change, including without limitation, volume and type of purchases at Rachel’s Kitchens, card usage, type and amount of personal information provided (for example, a unique and valid email address or phone number), and participation in promotions.

In the event of any discrepancy, Rachel’s Kitchen determination of the reward shall be final. You are not obligated to accept or utilize any rewards. Rewards may be deemed forfeited if not used within allotted time frame. Rewards are subject to change or substitution without notice.

Rewards may not be exchanged for cash, any cash equivalent or any other products, or combined with other discounts or coupons. The Preferred Guest card has no cash value, is not a gift card or credit card, and is not valid if obtained from unauthorized parties, including without limitation through Internet auction sites.

A unique and valid email address or phone number may be required. Notify us of a lost or stolen Preferred Guest card or any point discrepancies by sending an e-mail to preferredguest@rachelskitchen.com. You are solely responsible for the activity that occurs on your Preferred Guest account.

The Preferred Guest Program or your Preferred Guest Program account may be terminated by Rachel’s Kitchen at any time for any reason or no reason. Rachel’s Kitchen has no obligation to expand or continue the Preferred Guest Program. Rachel’s Kitchen has no responsibility to retroactively apply rewards or use of the member card. Please see the overall Rachel’s Kitchen Privacy Policy and this site’s Privacy Policy for information about information collected about you and how it is used.

WARRANTY DISCLAIMER

RACHEL’S KITCHEN PREFERRED GUEST PROGRAM, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RACHEL’S KITCHEN HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PROGRAM.

Governing Law / Disputes

Governing Law / Jurisdiction.These Terms will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms, which shall remain in full force and effect. These Terms are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.

Dispute.Any dispute, claim or controversy arising out of or relating to the Rachel’s Kitchen Preferred Guest Program, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Rachel’s Kitchen Preferred Guest Program. Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses.

Class Action Waiver.You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND RACHEL’S KITCHEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Changes and Updates

We reserve the right to amend the terms of the Rachel’s Kitchen Preferred Guest Program at any time. If we do this, we will post the amended terms indicate at the top of the page the date the terms were last revised. Your continued participation in the Rachel’s Kitchen Preferred Guest Program constitutes your acceptance of the new Terms. If you do not agree to these Terms or any future terms, do not participate in Rachel’s Kitchen Preferred Guest Program.