Terms and Conditions
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN A BINDING DISPUTE RESOLUTION AND ARBITRATION PROVISION INCLUDING CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE BINDING DISPUTE RESOLUTION AND ARBITRATION; CLASS WAIVER SECTION BELOW. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS APP AND PROMOTIONAL PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS DESCRIBED HEREIN AND ALL TERMS & CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS & CONDITIONS, DO NOT PARTICIPATE IN THIS PROGRAM.
These Terms & Conditions and the McAlister's Terms and Conditions (collectively, the “Terms and Conditions”) apply to your access to, and participation in, the McAlister’s Rewards Program which is operated by McAlister’s Franchisor SPV LLC, or its parent companies, subsidiaries, licensees and affiliated companies (collectively, “McAlister’s”) in the fifty (50) United States of America (“My McAlister’s Rewards Program”). These Terms & Conditions do not alter in any way the terms or conditions of any other agreement you may have with McAlister’s for products, services or otherwise. McAlister’s reserves the right to change, modify and/or eliminate McAlister’s Rewards Program and/or these Terms & Conditions or any policy, FAQ, or guideline pertaining to McAlister’s Rewards Program at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to www.McAlistersDeli.com/rewards, and you waive any right you may have to receive specific notice of such changes or modifications. In addition, your sole and exclusive remedy if you do not agree to any such modifications is to withdraw from the McAlister’s Rewards Program. Your continued use of the App or participation in the McAlister’s Rewards Program after any modification confirms your acceptance to the modifications.
Your participation in the McAlister’s Rewards Program confirms your acceptance of these Terms & Conditions and any such changes or modifications; therefore, you should review these Terms & Conditions and applicable policies frequently to understand the terms and conditions that apply to the McAlister’s Rewards Program. If you do not agree to the Terms & Conditions, you must stop participating in the McAlister’s Rewards Program. This Program is void where prohibited or restricted by law. You may enroll in the McAlister’s Rewards Program if you: (1) are a legal resident of the United States; (2) are at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the McAlister’s Rewards Program.
This Program is not targeted toward, nor intended for use by, anyone under the age of 18. If you are under the age of 18, or under the age of majority in your state of residence, you may not participate in McAlister’s Rewards Program.
Rewards and benefits
The benefits that are available to you through McAlister’s Rewards Program are based on the number of "Points" that you earn. Members are limited to one redemption every four (4) hours (redemption wait period). Rewards codes can be sent via McAlister’s emails, push notifications, rich messages, SMS, or automatically added to McAlister’s Rewards Program member account. Offers live in member rewards account and can be accessed via the App or logging into your rewards account online. Members earn points by signing into rewards account on the App or online or by providing registered phone number at participating McAlister’s locations when making purchases for dine-in, carry-out or online orders (excluding the purchase of gift cards, alcohol and catering) at participating McAlister’s locations only. You will receive one (1) "Point" for each U.S. dollar spent, except during limited time promotions when McAlister’s may offer "Bonus Points" on featured products and/or services. No partial Points will be earned for purchase amounts less than one (1) U.S. dollar, with $0.51 minimum check-in amount.
When you first sign up for McAlister’s Rewards Program, you will receive a reward offer of a free tea, redeemable at participating McAlister’s locations (the "Introductory Reward"). You will receive a reward offer of a free beverage or kid’s item on your next purchase for every 500 Points earned; a free cup of soup, side or dessert for every 1,000 points earned; and a free entrée with every 1,500 points earned in your McAlister’s Rewards Program account (each, a "Frequency Reward"). McAlister’s may also provide personalized reward offers through the McAlister’s Rewards Program terminal for McAlister’s Rewards Program participants ("Surprise and Delight Rewards"). Surprise and Delight Rewards expire immediately if not used during the same McAlister’s Rewards Program session in which the offer first appears within the App. Two (2) weeks prior to your birthday (the birthday date of record that you provide to McAlister’s in your McAlister’s Rewards Program account), you will receive a special Surprise and Delight Reward to celebrate your birthday (not to be combined with other discounts or offers) (the "Birthday Reward"). The Birthday Reward will expire fourteen (14) days from your birthday. Limit 1 account per person, per device, per birthday, per email. Once the birthday is set, it cannot be changed. Other special reward offers may be distributed by email to you if you opt-in to receive promotional and marketing offers from McAlister’s and provide a valid email and telephone number in order to receive your special offers. Special offers may include periodic discounts on food, beverages, and merchandise. Special offers may have certain restrictions including expiration dates. Special offers are personal to you and cannot be shared, copied or transferred. You will be required to enter your phone number into the McAlister’s Rewards Program terminal in order to redeem special offers. Read each offer carefully for specific details, limitations and restrictions. Once you agree to redeem a reward by pressing the redemption button in the McAlister’s Rewards Program, it must be used immediately and cannot be credited back to your account.
Points on multiple McAlister’s Rewards Program accounts may not be combined. Your Rewards are not valid on the same transaction that earned the Points and are valid on the next visit only. Points expire after 365 days of inactivity. By registering for a McAlister’s Rewards Program account, you consent to receive system and transaction emails related to your participation in McAlister’s Rewards Program, as set forth below.
Participating McAlister’s locations may be independently owned and operated. For that reason, McAlister’s make no guarantees, warranties or representations of any kind, express or implied, with respect to redemptions or the products supplied by such independently owned and operated locations, and shall not be liable for any loss, expense, accident or inconvenience that may arise in connection with the use of such items.
There are no membership fees associated with McAlister’s Rewards Program. Points accumulated under the program are promotional and have no cash value. You do not have any ownership rights in accrued points and accrued points do not constitute your property. Your benefits, your profile page and your McAlister’s Rewards Program account are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one McAlister’s Rewards Program account. Your McAlister’s Account may not include any fictitious, inaccurate or offensive information. McAlister’s reserves the right to terminate your account and/or your participation in McAlister’s Rewards Program if McAlister’s determines in its sole discretion that you have violated these Terms & Conditions, you have more than one (1) account, or that the use of your account is unauthorized, fraudulent or otherwise unlawful.
McAlister’s also reserves the right to “unregister” and make ineligible for the McAlister’s Rewards Program any account that has been inactive for two (2) consecutive years. Inactive is defined as no new points earned. So long as the McAlister’s Rewards Program account remains registered, accumulated points never expire except due to inactivity as set forth above.
McAlister’s has the right at any time, with or without giving you prior notice, to:
end or cancel the McAlister’s Rewards Program and/or any specific Reward;
change any Reward or other McAlister’s Rewards Program benefit we offer;
change the requirements for earning a particular Reward;
change the time you have in which to earn a particular Reward; and/or
change any other feature of the McAlister’s Rewards Program.
McAlister’s reserves the right to terminate, discontinue, modify or cancel the McAlister’s Rewards Program at any time and in its sole discretion without notice to you. If you disagree with any modifications of the program, your sole recourse is to withdraw from the program.
If we end the McAlister’s Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.
When you visit the App or send e-mails to us, you are communicating with us electronically. By using the App and participating in the McAlister’s Rewards Program, you consent to receive communications from us electronically, including targeted emails, surveys, promotional offers and for other general business purposes. We will communicate with you by e-mail, push notification or by posting notices on the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions. We reserve the right to send you emails for administrative purposes even if you opt out of these communications.
If you provide us your mobile number and sign-up to receive program-related SMS from us, you are expressly consenting to receive via auto dialing equipment text messages from us to the mobile number you provided. You understand and affirm that your consent is optional, and you are not required to consent to receive SMS from us in order to participate in the McAlister’s Rewards Program. Message and data rates may apply for any text messages sent to you from us and to us from you. For questions about text message rates and costs, you should contact your mobile service provider. The number of text messages we send you will depend on your purchases through and participation in the McAlister’s Rewards Program. You may opt-out of SMS messages from us at any time by replying “STOP” or “CANCEL” to any text message we have sent. You may also update your message preferences in the App. We may send you a final text to confirm your opt-out.
THIS APP, THE CONTENT, AND THE MCALISTER’S REWARDS PROGRAMS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND MCALISTER’S HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MCALISTER’S DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitations of liability
Binding dispute resolution and arbitration; class action waiver
Please Read This Provision Carefully. It Affects Your Legal Rights, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Last Update to this Binding Dispute Resolution and Arbitration; Class Action Waiver Section: January 1, 2020 This Binding Dispute Resolution and Arbitration; Class Action Waiver Provision (the “Provision”) facilitates the prompt and efficient resolution of any “dispute,” which includes any claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and McAlister’s that may arise out of or any way relate to your access of the App, your use of and participation in the McAlister’s Rewards Program, any other Rewards program described in this Terms and Conditions, and/or this Agreement, including the validity, enforceability or scope of this Provision (with the exception of the Class Action Waiver provision below). Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as McAlister’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against McAlister’s in the same proceeding.
This Provision provides that all disputes between you and McAlister’s shall be resolved by binding arbitration because acceptance of these Terms and Conditions constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. McAlister’s prefers this because McAlister’s believes arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and Conditions and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). ALL PARTIES HERETO AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-arbitration claim resolution
For all Disputes, whether pursued in court or arbitration, you must first give McAlister’s an opportunity to resolve the Dispute which is first done by visiting www.mcalistersdeli.com/contact and filling out the form: (1) Your name, (2) Your address, (3) A written description of your claim, and (4) A description of the specific relief you seek. If McAlister’s does not resolve the Dispute within 45 days after receiving your notification, than you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from arbitration/right to opt out
Notwithstanding the above, you or McAlister’s may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS AND CONDITIONS (the “Opt-Out Deadline”). You may opt-out of this Provision by mailing McAlister’s at McAlister’s Franchisor SPV LLC, Attn: Legal Department, 5620 Glenridge Drive, Atlanta, GA 30342: (1) Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with McAlister’s through arbitration. Either way, McAlister’s will not take any decision you make personally. In fact, McAlister’s promises that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with McAlister’s. But, McAlister’s does have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or McAlister’s may initiate arbitration proceedings with either the American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com. AAA or JAMS will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes that are in effect at the time the arbitration is initiated will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules that are in effect at the time the arbitration is initiated will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection that are in effect at the time the arbitration is initiated shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases that are in effect at the time the arbitration is initiated will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because the McAlister’s Rewards Program and these Terms and Conditions concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award - The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. You and McAlister’s understand that, absent this mandatory arbitration provision, you and McAlister’s would have the right to sue in court and have a jury trial. You and McAlister’s further understand that, in some instances, the costs of arbitration could exceed the costs of litigation in court and the right of discovery may be more limited in arbitration than in court.
Confidentiality of Arbitration Proceedings - Arbitration proceedings conducted pursuant to this Section 5 shall be strictly confidential. The fact that an arbitration exists or is proceeding, the nature of the Dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this Paragraph shall not prevent the disclosure of such information (1) as may be required to your legal and financial advisors and independent accountants; (2) as may be required to any ME Entity’s (a) legal, financial and other professional advisors, regulators, rating agencies, independent accountants, analysts, agents, and/or directors, (b) shareholders and/or affiliates and their respective officers, directors and legal, financial and other professional advisors, and/or (c) existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; and/or (3) as otherwise required to comply with any applicable law or regulation.
Location of Arbitration - You or McAlister’s may initiate arbitration in either Atlanta, Georgia or the Unites States county in which you reside. In the event that you select the county of your United States residence, McAlister’s may transfer the arbitration to Atlanta, Georgia in the event it agrees to pay any additional fees or costs you incur as a result of the change in the arbitration location as determined by the arbitrator.
Payment of Arbitration Fees and Costs - So long as you place a request in writing prior to commencement of the arbitration, McAlister’s will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses, unless McAlister’s is otherwise specifically required to pay such fees under applicable law. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with McAlister’s as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and McAlister’s specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other participant in the McAlister’s Rewards Program can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS. You understand and agree that by accepting this Provision in these Terms and Conditions, you and McAlister’s are each waiving the right to a jury trial or a trial before a judge in a public court, to the fullest extent allowed by law. In the absence of this Provision, you and McAlister’s might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court and you and McAlisters’ each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury as set forth above.
This Provision shall survive the termination of your account with McAlister’s and your discontinued participation in the McAlister’s Rewards Program. Notwithstanding any provision in these Terms and Conditions to the contrary, McAlister’s agrees that if McAlister’s makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require McAlister’s to adhere to the present language in this Provision if a dispute between the parties hereto arises.
The parties agree that the laws of the State of Georgia, United States of America, governs these terms and conditions and any dispute between you and mcalister’s, irrespective of where the membership application was completed or where the member resides or the choice of law principles of Georgia or any other jurisdiction.
All or any of McAlister’s rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of McAlister’s assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. McAlister’s failure to act with respect to a breach by you or others does not waive McAlister’s right to act with respect to that breach or subsequent or similar breaches.
These Terms and Conditions, and all Terms and Conditions incorporated herein by reference, represent the entire agreement between you and McAlister’s with respect to the McAlister’s Rewards Program or any program benefits. The Terms and Conditions may not be modified except by publication of modified Terms and Conditions by McAlister’s on this terms and conditions page.
Last Updated Terms and Conditions last updated on February 5, 2020.