Dave’s Hot Chicken

“Frequent Fryer Program”

Additional Terms and Conditions

 

Effective: April 17, 2023

In certain locations, Dave’s Hot Chicken makes available its Dave’s Hot Chicken Frequent Fryer Program (“Frequent Fryer Program” or the “Program”). If you are within those areas, the program may be available to you. We currently only offer the program to customers and at restaurants within the United States of America.

 These Dave’s Hot Chicken Frequent Fryer Program Terms and Conditions (the “Program Terms”) apply only if you opt-in to join the Dave’s Hot Chicken Frequent Fryer Program and then participate in the Program. The Program Terms are intended to supplement (not change) the Terms and Conditions for Dave’s Online Services (USA) (the “Online Services Terms”). When the word “terms” is used without any reference to the “Program Terms” or the “Online Services Terms,” it is meant to encompass both sets of terms. All definitions used in the Online Services Terms apply to these Program Terms.

 You understand and acknowledge that you have already agreed to the Online Services Terms when you registered and logged into your online services account. Although the Program Terms are intended to supplement and not to change the Online Services Terms, in the event of a conflict between the Program Terms and Online Services Terms that relate to the program itself, the Program Terms will control. In the event of any other conflict between the Program Terms and the Online Services Terms, the Online Services Terms will control.

 Important: You understand and acknowledge that the terms contain an arbitration agreement, jury and class action waivers, and limitations on Dave’s Hot Chicken’s liability and other provisions that affect your legal rights regarding the online services, including the program as part of the online services. Please carefully read and understand these terms.

Eligibility and Enrollment. Dave’s Hot Chicken Frequent Fryer Program is only open to you if you meet the age requirements for the online services. Participation in the Frequent Fryer Program is open to legal residents of the fifty (50) United States and the District of Columbia, who are age sixteen (16) years of age or older. The Program is not targeted towards and is not intended for use by anyone under the age of 16. If you are between the age of 16 and 18, you may only accrue Points and redeem them under the supervision of your parent or legal guardian, who agrees to be bound by these Program Terms. To join Dave’s Hot Chicken Frequent Fryer Program, you must register an Online Services Account.

How to earn Frequent Fryer Points (“Points”). Once enrolled in the Program, when you identify your online services account at the time of purchase, you will earn 10 Frequent Fryer Points (“Points”) for every $1 U.S. dollar spent on qualifying purchases. You can identify your online services account at the time of purchase in any manner that we recognize.: For example: (a) making a purchase using the Mobile Order & Pay feature of the mobile app, (b) scanning a QR code at a register or kiosk, (c) giving the phone number or code displayed in your account to the restaurant crew person who is taking your order, or (d) scanning in the barcode on the receipt within 48 hours of a qualifying purchase. Methods of identification are not transferable. We reserve the right to add to, remove, or otherwise change these acceptable methods of identification at any time and without prior notice to you. Additionally, for the avoidance of doubt, you may only earn Points on up to three (3) transactions each day, regardless of the number of Scans or when a receipt is Scanned. Upon earning Points, please allow up to forty-eight (48) hours for them to be deposited into your Loyalty account. DHC will not be liable for any failure to credit Points in a timely manner.

Qualifying purchases. A “qualifying purchase” means the purchase of eligible products from a participating restaurant in a manner that properly identifies you as described above. Qualifying purchases where an active reward, mobile offer, or promotional offer is redeemed will accrue points, but you will only accrue points for U.S. dollars actually spent in the transaction. Further, the following are not considered qualifying purchases and will not accrue points: a) alcohol beverages (b) taxes, bag and bottle fees, and other surcharges or fees, and (c) loading any money on a Dave’s Hot Chicken card (gift card), but when a Dave’s Hot Chicken Gift card is used to make a qualifying purchase, you will accrue points.

Verifying your Frequent Fryer Points balance. You can check your points balance in your online services account using the Dave’s Hot Chicken APP. Points that you earn may not always immediately post to your account. You are responsible to ensure points from your qualifying purchases are correct. If you believe points from your qualifying purchase were incorrectly calculated, you must notify Dave’s Hot Chicken within thirty (30) days of the qualifying purchase by providing your receipt to Dave’s Hot Chicken Customer Service (Dave’s Hot Chicken Franchise Co. 600 Playhouse Alley Unit 504 Pasadena, CA 91101, Email: [email protected]). Dave’s Hot Chicken has the sole discretion to determine points in your account and Dave’s Hot Chicken has no liability for any delay or failure to correctly credit points to your account.

Exchanging your Frequent Fryer Points for rewards that you choose. You can exchange your points for rewards for free products, merchandise, or experiences, at the discretion of Dave’s Hot Chicken, on the Rewards Menu (each a “reward”), which you can then use at participating restaurants. You must use the Dave’s Hot Chicken APP in order to exchange your points for rewards. If you have enough points for a reward, the reward will be unlocked in the online services and appear available for a points exchange. Potential rewards for which you don’t have enough points may be displayed but will appear locked. Once you select a reward and exchange your points for it, the number of points for that reward will be temporarily deducted from your account and the reward will be displayed in your account. The reward will temporarily remain in your account until you redeem it until expired. When you redeem the reward for which you exchanged points, the points will be permanently deducted from your account and will not be refunded to your account for any reason, even if your order is canceled. You cannot exchange points for more than one reward at a time.

Other ways to earn and redeem. From time to time, Dave’s Hot Chicken may offer new and different ways for you to earn and redeem points, including bonus campaigns or points accelerators. Dave’s Hot Chicken has the sole discretion to offer, change and terminate the different ways to earn and redeem points, including, for example, the points associated with bonus campaigns and accelerators. Sometimes earning and redeeming points may be subject to additional terms (“additional terms”) disclosed at the time of such offer.

Rewards Menu. Dave’s Hot Chicken publishes eligible rewards in the online services and identifies how many points are required for each reward. The Rewards Menu may have multiple reward levels and multiple rewards on each level, which can change from time to time. Dave’s Hot Chicken makes no promise of the continued availability of any reward, even if it is displayed to you in the online services. Rewards are available until supplies last at participating restaurants and may be modified, changed, or discontinued at any time.

Frequent Fryer Point expiration. Frequent Fryer Points expire on the first (1st) day of the month after the twelfth (12th) month from the date such points were earned. Points will be maintained in your online services account until you exchange your points for a reward, or until they expire, whichever occurs first. If Dave’s Hot Chicken terminates the program, any unused points in your account will expire and be void when the program is terminated. Upon termination of your online services account for any reason (including, but not limited to, whether you choose to close your account or Dave’s Hot Chicken terminates your account for a violation of these terms), all points that you have accumulated in Dave’s Hot Chicken Frequent Fryer Program immediately expire. By opting out of Dave’s Hot Chicken Frequent Fryer Program, all points and rewards you have earned until now will no longer be available.

Your compliance with the terms. Dave’s Hot Chicken has the discretion to invalidate or void points from your online services account, or to suspend or terminate your account (both now and in the future), if Dave’s Hot Chicken believes you improperly obtained points, abused the program or otherwise violated these terms. In that event, you forfeit any points you have accumulated (including properly obtained points) and you forfeit your right to earn points in the future. Dave Hot Chicken has the sole discretion to determine your compliance with these terms. Dave’s Hot Chicken’s determination is final.

No rights in points. Points are not property and you have no vested right or interest in points. Points have no cash value. Points are not assignable or transferable between online services accounts or otherwise, and points cannot be combined across accounts, regardless of who registered the account.

Changes to Dave’s Hot Chicken Frequent Fryer Program. Dave’s Hot Chicken Frequent Fryer Program can change from time to time, so be sure to continue to refer to these terms for the latest details and news. We are also constantly improving the program and we may have exciting new offers.

Dave’s Hot Chicken reserves the right, in its sole discretion, to cancel, change, modify, or discontinue Dave’s Hot Chicken Frequent Fryer Program, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, points accruing or accumulation ratio, the points redemption policy, the points expiration policy, or any other aspect of the program at any time, with or without advance notice, even though changes may affect points and rewards already in your account.

Dave’s Hot Chicken may make changes to any element of the program to correct for typographical, printing, or other errors and you waive any rights relating to the same. Any changes will become effective immediately upon posting the revisions. At all times, you are solely responsible for remaining knowledgeable about and in compliance with these terms.

These Program Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Program Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced.

 

Online Services

Availability of products and services.

Dave’s Hot Chicken products and services are available in many parts of the world. However, online services may describe products and services that are not available worldwide.

Obey the rules of the road. Whenever you use online services, you must obey the rules of the road and all applicable rules and regulations. You must not use the online services while driving or while behind the wheel or controls of a vehicle that is moving or not in “park”. In the interest of safety at all times, you should only use online services when it is lawful and safe to do so.

 

You are responsible for your devices and accounts.

You are responsible for any devices, software, and services needed to use the online services. Dave’s Hot Chicken does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees, and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and use only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times. Dave’s Hot Chicken has the right to update or terminate the online services. You understand and consent that (with or without notice) Dave’s Hot Chicken may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Dave’s Hot Chicken mobile app that you have installed on your device.

Updates to these terms. Dave’s Hot Chicken may also update these terms at any time and at its sole discretion. If Dave’s Hot Chicken makes material changes to the terms, we will notify you by any reasonable means such as, for example, by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Dave’s Hot Chicken close any online services account that you have created. To close your account, you can visit ‘your profile’ and click ‘delete account’.

Independent businesses own and operate many restaurants. While Dave’s Hot Chicken operates and controls the online services, it is not responsible for the operation of most restaurants. Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you, and for any employment-related matters in the restaurant.

 

Terms and Conditions