Frequent Diner Club TERMS & CONDITIONS
Last Modified: December 6, 2023
By participating in the Lettuce Frequent Diner Club you agree to be bound by these terms and conditions (“FDC Terms”), including the arbitration agreement and separate class action waiver included below in the section titled DISPUTE RESOLUTION.
These FDC Terms will be construed and enforced in accordance with the Federal Arbitration Act, and to the extent state law applies, the laws of the State of Illinois. We may change these FDC Terms at any time, and all such changes are effective immediately upon notice, which we may give by sending notice using the contact information we have on file for you, posting revised terms on our website, or by any other reasonable means designed to provide notice under the circumstances. Your continued enrollment in the Frequent Diner Club constitutes your continuing agreement to be bound by these FDC Terms, as they are amended from time to time.
IF YOU DO NOT AGREE TO THESE FDC TERMS, DO NOT PARTICIPATE IN THE LETTUCE FREQUENT DINER CLUB.
I. GENERAL TERMS
The Lettuce Entertain You Enterprises, Inc. (“Lettuce Entertain You” or “LEYE”) Frequent Diner Club is for individual customers only. Applicants, participants, and users must be 18 years of age or older. Employees of LEYE and its affiliated companies and their families are not eligible for membership. Commercial and shared accounts are prohibited. Frequent Diner Club accounts may only have one registered user per account. Points may not be credited to business entities.
You represent and agree that all information that you provide to us in connection with your membership is true, accurate, and complete to the best of your knowledge and belief.
LEYE reserves the right to add or withdraw participating restaurants, to make changes in the rules or rewards, or terminate the program at any time without advance notice. LEYE reserves the right to audit, suspend, or cancel your account due to failure to comply with these FDC Terms, inactivity, suspicion of fraud or any activity LEYE deems inappropriate in its sole discretion, or for any other reason in LEYE’s sole discretion. Upon termination of the program or cancellation of an account for any reason, all Frequent Diner Club Points and all Frequent Diner Club Rewards shall automatically be forfeited.
Points are earned for each dollar spent (subject to exclusions in these FDC Terms) at all participating Lettuce Entertain You® restaurants for gift certificates, merchandise, delivery and pick up orders placed only through Lettuce.com, the LettuceEats app, and official Lettuce Entertain You restaurant websites. Points may only be earned at participating locations, as determined by Lettuce Entertain You in its sole discretion, and will not be earned at non-participating locations, including, but not limited to, airport locations, Big Bowl Chinese Express, Do-Rite Donuts, The Ivy Room, Studio Paris, Tree Studios, Joe’s Live in Rosemont IL, Maggiano’s Little Italy locations, Windy City Smokeout, and Wow Bao locations outside of Chicago IL. Points are not earned on tax, gratuity, service charges, reservation fees, surcharges, event/staffing fees, delivery fees, corkage, cover charges, valet/parking, or other fees. Online pickup and delivery orders for Wow Bao are not eligible to earn Frequent Diner Club points. Points are not awarded when a third-party service is used for pickup, delivery, or shipping.
Points earned at Maggiano’s locations prior to April 16, 2023 will remain in member accounts for future redemption at participating Lettuce Entertain You restaurants only.
Points are not awarded on any amount paid with Reward Dollars, Birthday Dollars, Referral Dollars, or Beatrix Coffee Club Free Drink Rewards.
For every one hundred fifty points earned, members receive ten Reward Dollars (subject to exclusions in these FDC Terms). Frequent Diner Club Reward Dollars cannot be redeemed after 3:00 PM local time on Saturdays at any Lettuce Entertain You restaurant and after 3:00 PM local time on Fridays at Eiffel Tower. Reward Dollars may only be redeemed at participating locations, as determined by Lettuce Entertain You in its sole discretion, and cannot be redeemed at non-participating locations, including, but not limited to, airport locations, The Omakase Room, Do-Rite Donuts, The Ivy Room, Studio Paris, Tree Studios, Joe’s Live in Rosemont IL, Maggiano’s Little Italy locations, or the Windy City Smokeout. Reward Dollars may only be redeemed at the following Wow Bao locations – 2806 N. Clark St Chicago, 1 W. Wacker Drive Chicago, and Water Tower Place Chicago. Reward Dollars may not be redeemed on New Year’s Eve, Valentine’s Day, Mother’s Day, Thanksgiving or Christmas Day. Frequent Diner Club Reward Dollars are not valid in conjunction with any other offers, discounts, or promotional certificates. Frequent Diner Club Reward Dollars are not valid for payment toward private parties, merchandise, or catering. Catering, private parties, event, delivery and pick up orders over $250 may be classified as catering at the sole discretion of Lettuce Entertain You.
Reward Dollars are only valid toward food and beverage and may not be used toward surcharge, fees, or gratuity.
Frequent Diner Club Reward Dollars may be redeemed for online pickup and delivery orders placed through our restaurant websites, Lettuce.com, or the LettuceEats® app. Frequent Diner Club Reward Dollars may not be redeemed for online pickup and delivery orders at Maggiano’s Little Italy or Wow Bao locations.
Frequent Diner Club Points and Reward Dollars are non-transferable. You are responsible for maintaining the confidentiality of any information about your membership. You accept responsibility for all use of your points and Reward Dollars. If you have reason to believe that someone else is using your points and Reward Dollars, you should contact us immediately. LEYE and any Lettuce Entity will not be liable for any unauthorized use of your points and Reward Dollars. LEYE has the right to request reasonable documentation in connection therewith solely for verification purposes.
To earn Frequent Diner Club points on contracted parties or private events, the paying host/member’s name and member number must appear on the contract and enrollment in the Frequent Diner Club and must be completed before the event date. In the case of a business event, either the planner or the paying host may receive points. For social events, only the paying host is eligible to receive points. Points for contracted events are earned on food and beverage spend only. Contracted events are not eligible for Silver or Gold bonus points, or for promotional points. Frequent Diner Club members may earn a maximum of 50,000 points on any single event.
Frequent Diner Club Points are not awarded on parties and events, booking deposits, or pre-paid dining reservations or packages at the time of booking. All eligible points for an event (including the deposit amount applied) are issued at the time of payment after the conclusion of the event. Should a deposit be forfeited, no points will be awarded.
Frequent Diner Club Points are earned when Lettuce Entertain You Gift Cards are purchased directly from Lettuce Entertain You or one of its locations, but not when they are redeemed. Frequent Diner Club Points are not earned on Lettuce Entertain You Gift Cards purchased from third parties. Only the person buying the Gift Card is eligible for Frequent Diner Club Points. Frequent Diner Club Points are not earned for any amount paid with a Lettuce Entertain You Gift Card, Lettuce Entertain You dining certificate, or Maggiano’s Little Italy Gift Card or promotional certificates.
Reward Dollars cannot be used to purchase gift cards, Holiday Bonus certificates, or dining certificates, and are not redeemable for cash or refunds of any kind.
Gold tier Frequent Diner Club members must spend a minimum of $2,500.00 in qualifying purchases in a calendar year to maintain Gold tier status. Silver Frequent Diner Club members must spend a minimum of $1,000.00 in qualifying purchases in a calendar year to maintain Silver tier status. All benefits in connection with the Frequent Diner Club are subject to availability and subject to change at the discretion of Lettuce Entertain You.
In order to maintain an active Frequent Diner Club account, members must complete one qualifying Frequent Diner Club Point accrual purchase during each calendar year. All points on active accounts will roll over to the following year.
During the Holiday Bonus Gift Card promotion (in November and December), members have the option to receive either a $25 Holiday Bonus Certificate or Frequent Diner Club Points for their purchase, but not both. For the purpose of annual tier status, if a Holiday Bonus Certificate is chosen, the gift card purchase will be excluded from the annual Frequent Diner Club spend.
Federal and State tax liabilities are the responsibility of the member. Participating sponsors or other third parties may impose their own rules.
II. DISPUTE RESOLUTION
A. ARBITRATION AGREEMENT
You agree that any and all claims, controversies or disputes (whether in contract, tort, or otherwise) you may have against Lettuce Entertain You Enterprises, Inc. (“LEYE”), any related entity or affiliate, or any of their respective officers, directors, employees or agents (each such individual or entity, and LEYE, a “Lettuce Entity”), including any and all claims, controversies or disputes arising out of or relating in any way to these FDC Terms, Lettuce Frequent Diner Club Points, the Lettuce Frequent Diner Club, or your relationship with LEYE or a Lettuce Entity, and including any dispute regarding these FDC Terms or the enforceability, validity, legality, scope or applicability of this agreement to arbitrate, including arbitrability (each, a “Lettuce Dispute”), will be resolved in accordance with the provisions set forth in the following paragraphs. This Arbitration Agreement is intended to be interpreted as broadly as possible, consistent with governing law, and to survive after your participation in the Lettuce Frequent Diner Club ends.
Please read this paragraph carefully. It affects your rights and will have a substantial impact on how a Lettuce Dispute is resolved.
You agree that whenever you have a Lettuce Dispute, you will send a written notice to Lettuce (a “Demand”) describing the Lettuce Dispute. You must send the Demand to the following address (the “Notice Address”): Lettuce 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 instituting arbitration, until 30 business days after you send a Demand, except that, notwithstanding this provision and the provisions below, you may seek relief in small claims court for disputes or claims within the scope of its jurisdiction. LEYE and any applicable Lettuce Entity agrees to toll the limitations period, if any, from the date the Demand is sent until the Date the Demand is resolved.
If the disagreement stated in the Demand is not resolved to your satisfaction within such 30 business days, the Lettuce Dispute:
(1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator in accordance with the AAA Consumer Arbitration Rules (as may be amended; see www.adr.org for current rules) and as modified by the agreement to arbitrate in this paragraph.
(2) this Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
(3) the arbitration shall be held in Chicago, Illinois, but may proceed telephonically, by video, or in another location if Chicago is not reasonably accessible, if both parties agree, or if the arbitrator otherwise deems it necessary.
(4) the arbitrator’s decision shall be controlled by these FDC Terms (including this Arbitration Agreement) and any of the other agreements referenced herein that the parties 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 or Lettuce Entities’ individual claims; the arbitrator may not consolidate or join the claims of multiple persons or parties who may be similarly situated against the applicable Lettuce Entity or Lettuce Entities; Notwithstanding any other provision of this Agreement, any dispute over the enforceability of this subparagraph (6) shall be resolved by the Court.
(7) in the event that the fees and deposits required to initiate arbitration against any Lettuce Entity exceed $250, and you demonstrate to the applicable Lettuce Entity’s satisfaction in its reasonable discretion that you are unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, the applicable Lettuce Entity agrees to forward them on your behalf, subject to being reimbursed in whole or in part, as permitted, based on an ultimate allocation by the arbitrator. In addition, if you are able to demonstrate to the applicable Lettuce Entity’s satisfaction in its reasonable discretion that the costs of individual arbitration will be prohibitive as compared to the costs of individual litigation, the applicable Lettuce Entity will pay as much of those costs (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.
(8) with the exception of subparagraph (6) above, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this Arbitration Agreement 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, subparagraph (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor the affected Lettuce Entity shall be entitled to arbitrate their dispute. If the parties agree the AAA is unable to conduct the arbitration, you may file your case with another national arbitration company agreed upon by both parties.
(9) If 10 or more claimants submit Lettuce Disputes or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel (whether such cases are pursued simultaneously or not) (each such claim, a “Coordinated Claim”), those Coordinated Claims must be resolved in staged proceedings. You agree to this process even though it may delay the arbitration of Your claim. In the first stage, Coordinated Claimants’ counsel and the applicable Lettuce Entity will each select an equal number of Coordinated Claims (up to the lesser of one-half of the similar claims each or 10 cases each (20 cases total)) to proceed in arbitration and resolved individually by different arbitrators. In the meantime, no other Coordinated Claims, cases, or Lettuce Disputes involving the same or similar subject matter may proceed in arbitration, and the AAA must not assess or demand payment of fees for the remaining Coordinated Claims or administer or accept them. If the AAA nonetheless assesses or demands payments of fees for the remaining Coordinated Claims, any such Claimants agree to dismiss their arbitration demands without prejudice, with the statute of limitations being tolled from the date of the dismissal.
The arbitrators are encouraged to resolve the subset of selected cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. After the first stage is completed, the parties must engage in a single mediation of all remaining Coordinated Claims, and the applicable Lettuce Entity will pay the mediation fee. If the parties cannot agree how to resolve any of the remaining Coordinated Claims after mediation, the parties will repeat the process of selecting and filing up to 20 Coordinated Claims to be resolved individually by different arbitrators, followed by mediation.
If any Coordinated Claims remain after the second stage, the process will be repeated until all Coordinated Claims are resolved, with four differences. First, a total of 50 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of counsel for the Coordinated Claimants.
Between stages, counsel will meet and confer regarding ways to improve the efficiency of the staged proceedings, including whether to increase the number of cases filed in each stage. Either party may also negotiate with the AAA regarding the amount or timing of AAA fees.
This Section concerning arbitration of Coordinated Claims and each of its requirements are intended to be severable from the rest of this Arbitration Agreement. If the provisions relating to the staging process are severed, then the claims may be filed in individual arbitration pursuant to this Arbitration Agreement except that the payment of AAA Fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when arbitrations are initiated.
(10) If you do not wish to be subject to this Arbitration Agreement, you may opt out of the Arbitration Agreement. To do so, within 30 days of the date that this Arbitration Agreement is accepted by you, you must send a written notice to the Notice Address stating your intent to opt out of this Arbitration Agreement, as well as your name, address, and the email associated with your account. If you do not opt out of this Arbitration Agreement within the 30-day period, you and LEYE and the applicable Lettuce Entity shall be bound by the terms of this Arbitration Agreement.
B. Class Action and Jury Trial Waiver
Separate and apart from the Arbitration Agreement set forth above and to the maximum extent permitted by law, you hereby independently waive any right to bring or participate in any class action, class arbitration, private attorney general action, or other representative action, however denominated, in any way related to any Lettuce Dispute.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST LEYE OR ANY LETTUCE ENTITY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE FDC TERMS.
C. LIMITATIONS ON LIABILITY
UNLESS REQUIRED BY GOVERNING STATE LAW, LEYE AND THE LETTUCE ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE LETTUCE FREQUENT DINER CLUB, EVEN IF ANY OR ALL OF THE LETTUCE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT GOVERNING STATE LAW DISALLOWS THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE PRECEDING LIMITATION ON LIABILITY MAY NOT APPLY TO YOU. IN THAT EVENT, IF A REGISTERED PARTICIPANT PROVES THAT LEYE OR ANY LETTUCE ENTITY HAS IMPROPERLY DENIED SUCH REGISTERED PARTICIPANT ANY REWARD, LIABILITY WILL BE LIMITED TO THE EQUIVALENT REWARD.
D. Contractual Limitations Period
BY PARTICIPATING IN THE LETTUCE FREQUENT DINER CLUB, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY ARBITRATION, CLAIM, OR ACTION AGAINST LEYE OR ANY LETTUCE ENTITY IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION, OCCURRENCE, OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED, UNLESS LEYE OR THE APPLICABLE LETTUCE ENTITY AGREES OTHERWISE, OR UNLESS A LONGER PERIOD IS REQUIRED BY LAW.