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GELSON’S REWARDS PROGRAM TERMS & CONDITIONS

Last Updated: 6/23/2020

 

1. Membership & Eligibility

The Gelson’s Rewards Program ("Program") is a free rewards program offered by Gelson’s to its customers located in the U.S. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of Gelson’s and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 18 years or older and a legal resident of the United States to be eligible for Membership.

BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME A GELSON’S REWARDS MEMBER.

You may sign up for a Gelson’s Rewards program by visiting www.gelsons.com/rewards and filling out the required fields.

2. Earning and Redeeming Program Rewards

There are four tiers of membership in the Program: Foodie, Gourmet, Connoisseur, and Epicure. All members are automatically Foodies upon enrollment.

Under the Program, for every dollar spent in-store at Gelson’s or on Instacart for delivery or pickup orders from Gelson’s, (excluding certain items such as tobacco products, gift cards, postage stamps, $.10 bags at checkout, taxes, CRV, and prescription pharmaceuticals, and excluding third-party bakery purchases made at their registers (Little Cakes Bakery, Renaud’s, and Viktor Benes)),  you will receive 10 Gelson’s Rewards points when you provide or check out with the alternative ID or Rewards barcode that is registered to your Gelson’s Rewards account. We also offer bonus points events from time to time. For example, if we had a 3x points offer on a particular product, all Gelson’s Rewards members would receive 30 points per dollar spent.

You must provide your Gelson’s Rewards bar code from your mobile device or Gelson’s app, or provide your registered 10-digit alternative ID before the purchase is tendered to have any points credited to your Gelson’s Rewards account when you make in-store purchases at Gelson’s. To earn Gelson’s Rewards points for your Instacart purchases from Gelson’s for delivery or pickup, you must add your 11-digit Rewards number to “Your Account” for Gelson’s while logged on to your Instacart account. Once the Gelson’s Rewards number is saved on Instacart, it is not necessary to re-enter the ID.

Any reference to "merchandise" or the value of "merchandise" in these Terms for purposes of collecting points includes all products sold in Gelson’s stores. It does not include online purchases, nor certain in-store purchases such as tobacco products, gift cards, postage stamps, $.10 bags at checkout, and prescription pharmaceuticals, and excluding third-party bakery purchases made at their registers (Little Cakes Bakery, Renaud’s, and Viktor Benes), taxes, or CRV.

You can view your current point balance in your Gelson’s Rewards account. To view your Gelson’s Rewards balance online, simply log in to your online account. Visit www.gelsons.com/rewards and choose “Check My Points”. Your Gelson’s Rewards page is your destination for everything Gelson’s Rewards related including to view your points balance, current status, and points to next level. Your current points balance will also print at the bottom of your receipt tape, when you make purchases in-store at Gelson’s and identify yourself during the transaction by using your Gelson’s Rewards barcode on your mobile device or in the Gelson’s Rewards app, or by providing your 10-digit alternative ID number. Your current Rewards points will not be displayed on the Instacart platform.

Points and rewards have no cash value and may not be gifted, sold, or otherwise transferred. Rewards are based on your current point level and status (Foodie, Gourmet, Connoisseur, or Epicure) and are offered at the sole discretion of Gelson’s.

3. Gelson’s Rewards

Gelson’s is not responsible for lost, stolen or damaged Rewards. Gelson’s and Gelson’s vendor partners who provide rewards are not responsible for any taxes incurred by clients or guests. Rewards can only be redeemed in store, or in the case of special opportunities such as an in-home Chef Experience, by arranging the visit by following instructions on the Rewards email provided. Rewards are subject to change, alteration, substitution, or termination by Gelson’s in its sole discretion at any time. See specific Reward offers for any additional terms and conditions.

Certain Rewards are available on a first-come first-served basis while supplies last and substitutions by Gelson’s may occur. Quantities of each Reward are limited. In the event a Reward free product is damaged, you received the wrong one, or one is missing from your order, please contact Gelson’s customer service via email at gelsonsrewards@gelsons.com or visit your local Gelson’s store. Otherwise, Rewards may not be returned or exchanged.

4. Foodies

Foodies status is conferred on those registered Gelson’s Rewards members upon signup. Foodie status is good for the calendar year in which the Gelsons Rewards member qualifies and the following full calendar year; after that, annual requalification is required. Gelson’s may, in its sole discretion, alter, limit, or modify the Foodie tier rules, regulations, benefits, eligibility for membership, or any other feature of the Foodie tier or may terminate the Foodie tier at any time in its sole discretion, without prior notice.

As part of the program benefits, Foodie members receive 10 points for every qualifying $1 spent in Gelson’s stores, receive a $5 savings voucher to use on their next visit when the shopper spends $25 or more on three trips in a calendar month, and access to special sales offers reserved for Gelson’s Rewards members.

5. Gourmet

Gourmet status is conferred on those registered Gelson’s Rewards members who earn a minimum of 12,500 points in a Gelson’s store during one calendar year (January 1st - December 31st). Gourmet status is good for the calendar year in which the Gelson’s Rewards member qualifies and the following full calendar year; after that, annual requalification is required. Gelson’s may, in its sole discretion, alter, limit, or modify the Gourmet tier rules, regulations, benefits, eligibility for membership, or any other feature of the Gourmet tier or may terminate the Gourmet tier at any time in its sole discretion, without prior notice.

As part of the program benefits, Gourmet members receive 10 points for every qualifying $1 spent in Gelson’s stores, receive a $5 savings voucher to use on their next visit when the shopper spends $25 or more on three trips in a calendar month, and access to special sales offers reserved for Gelson’s Rewards members.

6. Connoisseur

Connoisseur status is conferred on those registered Gelson’s Rewards members who earn a minimum of 25,000 points in a Gelson’s store during one calendar year (January 1st - December 31st). Connoisseur status is good for the calendar year in which the Gelson’s Rewards member qualifies and the following full calendar year; after that, annual requalification is required. Gelson’s may, in its sole discretion, alter, limit, or modify the Connoisseur tier rules, regulations, benefits, eligibility for membership, or any other feature of the Connoisseur tier or may terminate the Connoisseur tier at any time in its sole discretion, without prior notice.

As part of the program benefits, Connoisseur members receive 10 points for every qualifying $1 spent in Gelson’s stores, receive a $5 savings voucher to use on their next visit when the shopper spends $25 or more on three trips in a calendar month, and access to special sales offers reserved for Gelson’s Rewards members.

7. Epicure

Epicure status is conferred on those registered Gelson’s Rewards members who earn a minimum of 75,000 points in a Gelson’s store during one calendar year (January 1st - December 31st). Epicure status is good for the calendar year in which the Gelson’s Rewards member qualifies and the following full calendar year; after that, annual requalification is required. Gelson’s may, in its sole discretion, alter, limit, or modify the Epicure tier rules, regulations, benefits, eligibility for membership, or any other feature of the Epicure tier or may terminate the Epicure tier at any time in its sole discretion, without prior notice.

As part of the program benefits, Epicure members receive 10 points for every qualifying $1 spent in Gelson’s stores, receive a $5 savings voucher to use on their next visit when the shopper spends $25 or more on three trips in a calendar month, and access to special sales offers reserved for Gelson’s Rewards members.

8. Free Tote Bag Gift - Temporarily Suspended Due to COVID-19

All members are eligible for the “Foodie” level bag, which will be available by late 2020. Subsequent bag designs may be offered at higher program tiers. Customers must go through the register with their status level bag and have it scanned, and identify themselves at checkout with their member barcode or alt-ID at the pin pad. This procedure will ensure that the status level bag is received for free. Only one bag will be issued per member. Replacement or additional bags may be purchased by qualifying members when member identifies themselves during the transaction. 

9. $5 off “Shop More and Save” Offer

In each calendar month, customers who spend $25 or more in three separate identified visits will earn a $5 discount off of their next shopping trip (minimum $5 spend), to be used within the following 30 days. The spend minimum excludes postage stamps, tobacco, gift cards, third party bakery (Viktor Benes, Little Cakes, Renaud’s) purchases, $.10 reusable bags, pharmaceutical sales, tax, and CRV. To redeem the offer, members must go through the register with their qualifying purchase and identify themselves at checkout with their member barcode or alt-ID at the pin pad. The $5 reward will be automatically deducted from the fourth qualifying purchase within 30 days following the final qualifying purchase. No cash back will be provided; sale must be greater than $5 excluding postage stamps, tobacco, gift cards, third party bakery (Viktor Benes, Little Cakes, Renaud’s) purchases, $.10 reusable bags, pharmaceutical sales, tax, and CRV.

10. Special Sales Offers

Rewards customers will be made aware of special sales and offers, through app notifications (if member has downloaded the app and chosen to receive notifications), email communications, and/or additional methods. Terms and conditions of each offer will be communicated to members, including which tier(s) will qualify for offers, products or departments offered, date range for redemption, and any exclusions for the offers. No rain checks will be issued; discounts and promotions for products are offered while supplies last. Special offers are subject to change, alteration, or termination by Gelson’s at its sole discretion at any time.

11. Free Items

Gourmet, Connoisseur, and Epicure level Rewards customers will be made aware of free product offers through app notifications (if member has downloaded the app and chosen to receive notifications), email communications, and/or additional methods. Terms and conditions of each offer will be communicated to members, including which tier(s) will qualify for offers, products or departments offered, date range for redemption, and any exclusions for the offers. No rain checks will be issued; discounts and promotions for products are offered while supplies last. Any CRV and/or taxes are the responsibility of the member. No purchase is necessary when redeeming your gift in store. Free item offers are subject to change, alteration, or termination by Gelson’s at its sole discretion at any time.

12. 10% off Salad Bar 2-5 pm - Temporarily Suspended Due to COVID-19

Gourmet, Connoisseur, and Epicure level Rewards customers are eligible for a 10% discount off Salad Bar and Dressing purchases made Monday – Friday between 2 pm and 5 pm. To receive the discount, members will bring their salad bar purchases to the check stand, present their member ID barcode to the checker or enter their alt ID at the pin pad during checkout, and automatically have the 10% discount deducted from their bill. Offer excludes pre-packed salads, hot bar, poke bar, and any other self-serve products.

13. In-Store Wine Tasting Bonus - Temporarily Suspended Due to COVID-19

Gourmet, Connoisseur, and Epicure level Rewards customers are eligible to receive an offer for an additional 10% off a purchase of 6 or more qualifying bottles of wine, beer, and spirits when made in a single transaction. To receive the discount voucher, members must present their status level from their app or mobile web site on their phone to the in-store demo staff. Demos are typically offered Friday evenings and Saturday afternoons in all Gelson’s locations. Member must be 21 or over to participate. All applicable ABC and California laws must be followed. Qualifying items for the additional 10% off discount include wine and spirits sized 750ml or larger, as well as craft beer sized 16.9 oz or larger. Customer may mix and match items to qualify for the 6-pack discount. Discount will be in addition to the prevailing mix and match discount at that time. Member must present the voucher at checkout on the date of the tasting event, present their member ID barcode to the checker or enter their alt ID at the pin pad during checkout, and will automatically have the additional 10% discount deducted from their bill.

14. Free Tapas Item - Temporarily Suspended Due to COVID-19

Connoisseur and Epicure level Rewards customers are eligible to receive a free tapas item from the Gelson’s Wine Bar on an occasional basis. Participation periods will be communicated to members through app notifications (if member has downloaded the app and chosen to receive notifications), email communications, and/or additional method. Communications will include which tapas items will qualify, date range for redemption, and any exclusions for the offers. No rain checks will be issued; free tapas are offered during the redemption period only. Any taxes are the responsibility of the member. Customer must present their member ID barcode to the wine bar attendant or provide their alt ID during checkout, and will automatically have the qualifying free tapas item deducted from their bill.

15. Gelson’s Brand items Buy One Get One Free

Connoisseur and Epicure level Rewards customers will be made aware of “Buy One, Get One Free” product offers for Gelson’s branded products through app notifications (if member has downloaded the app and chosen to receive notifications), email communications, and/or additional methods. Terms and conditions of each offer will be communicated to members, including which products or departments offered, date range for redemption, and any exclusions for the offers. No rain checks will be issued; discounts and promotions for products are offered while supplies last. Any CRV and/or taxes are the responsibility of the member. Free item offers are subject to change, alteration, or termination by Gelson’s at its sole discretion at any time. To receive the free product with purchase, qualifying tier members must have the qualifying items present at checkout, show their member ID barcode to the checker or enter their alt ID at the pin pad during checkout, and will automatically have the free item deducted from their bill.

16. Percent-Off Whole Store Events

Epicure level Rewards customers are eligible for a 10% discount off the entire store (excluding certain items such as tobacco products, gift cards, postage stamps, $.10 bags at checkout, taxes, CRV, and prescription pharmaceuticals, and excluding third-party bakery purchases made at their registers (Little Cakes Bakery, Renaud’s, and Viktor Benes)) during select periods. Customers will be made aware of sale periods through app notifications (if member has downloaded the app and chosen to receive notifications), email communications, and/or additional methods. Terms and conditions of each storewide discount offer will be communicated to members, including date range for redemption and any exclusions for the discount. No rain checks will be issued; discounts and promotions for products are offered while supplies last. Any CRV and/or taxes are the responsibility of the member. To receive the discount, qualifying tier members must present their member ID barcode to the checker or enter their alt ID at the pin pad during checkout, and will automatically have the 10% discount deducted from their bill.

17. Wine & Tasting Events - Temporarily Suspended Due to COVID-19

Epicure level Rewards customers are eligible to participate in exclusive wine and tasting events during select periods. Customers will be made aware of these opportunities through app notifications (if member has downloaded the app and chosen to receive notifications), email communications, and/or additional methods. Event information will be communicated to members, including how to request a reservation, date range for reservations, and space limitations by store. No rain checks will be issued; events will be capped due to space constraints.

18. First to Market Samplers

Epicure level Rewards customers will be made aware of free first to market sample items through app notifications (if member has downloaded the app and chosen to receive notifications), email communications, and/or additional methods. Terms and conditions of each offer will be communicated to members, including products or departments offered, date range for redemption, and any exclusions for the offers. No rain checks will be issued; discounts and promotions for products are offered while supplies last. Any CRV and/or taxes are the responsibility of the member. No purchase is necessary when redeeming your gift in store. Free item offers are subject to change, alteration, or termination by Gelson’s at its sole discretion at any time.

19. Executive Chef In-Home Meal - Temporarily Suspended Due to COVID-19

Epicure level Rewards customers are eligible to enter to win an exclusive in-home experience with Gelson’s Executive Chef. One winning Epicure member will be chosen from entries received. Winner must live in either Santa Barbara, Ventura, Los Angeles, Orange, Riverside, or San Diego County. Food and beverage value not to exceed $2,500. Date and time, menu, and drink pairings will be jointly determined by Gelson’s Executive Chef and winning Epicure member. Customers will be made aware of these opportunities through app notifications (if member has downloaded the app and chosen to receive notifications), email communications, and/or additional methods. Package information will be communicated to members, including how enter for the opportunity. In-Home Meal package is not transferable and may not be sold, transferred or assigned to anyone else.

20. Wine & Cheese Home Experience - Temporarily Suspended Due to COVID-19

Epicure level Rewards customers are eligible to enter to win an exclusive in-home experience with Gelson’s Tastemaster. One winning Epicure member will be chosen from entries received. Winner must live in either Santa Barbara, Ventura, Los Angeles, Orange, Riverside, or San Diego County. Food and beverage value not to exceed $2,000. Date and time, menu, and drink pairings will be jointly determined by Gelson’s Tastemaster and winning Epicure member. Customers will be made aware of these opportunities through app notifications (if member has downloaded the app and chosen to receive notifications), email communications, and/or additional methods. Package information will be communicated to members, including how enter for the opportunity. Wine and Cheese Home Experience package is not transferable and may not be sold, transferred or assigned to anyone else.

21. Point Expiration

All points shall reset to zero at the end of each calendar year (December 31). If you have questions regarding the date of your last point activity or your last purchase, you may email Customer Service at gelsonsrewards@gelsons.com call 1-818-995-9370 for more information.

In addition, points will automatically expire if your Membership is revoked or otherwise cancelled for reasons further detailed in Section 25.

22. Agreeing to Gelson's Privacy Policy & Email

Gelson’s values your privacy. Our privacy policy applies to these terms and conditions. PLEASE SEE GELSON'S PRIVACY POLICY AT WWW.GELSONS.COM.

23. Communications with Gelson’s

By signing up, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive Program emails from Gelson’s. By signing up to join the Program, you will automatically be subscribed to receive Program emails.

24. Opting Out of Communications with Gelson’s

If you do not wish to receive these communications, you can request that they be discontinued by sending or by emailing Customer Service at gelsonsrewards@gelsons.com.

25. Changes, Termination And/Or Removal From Program

Gelson’s may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Gelson’s website. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

Gelson’s reserves the right to exclude individuals from the Program or remove points from a member's Gelson’s Rewards in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by Gelson’s), failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of Gelson’s not otherwise protected by law may subject members to Membership revocation or deduction of points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member or other household member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. Gelson’s reserves the right to make changes to its Web site and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

26. Limitation of Liability

THIS SECTION AND THESE TERMS SHALL NOT BE CONSTRUED AS A WAIVER OF ANY RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT OR ANY OTHER CONSUMER PROTECTION LAW THAT DOES NOT PERMIT WAIVER OF RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, GELSON’S WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON GELSON'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM GELSON’S AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.

27. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 2020 of Gelson’s, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Gelson’s and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Gelson’s or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Gelson’s is strictly prohibited.

28. Trademarks

Gelsons.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Gelson’s and may not be used in connection with any product or service that is not offered by Gelson’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gelson’s. All other trademarks, product names and company names or logos cited herein and in promotional materials are the property of their respective owners.

29. Resolving Disputes

If a dispute should arise between you and Gelson’s, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's satisfaction by using our customer service, reachable by emailing Customer Service at gelsonsrewards@gelsons.com or by calling 1-818-995-9370.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND GELSON’S AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

30. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. THIS SECTION AND THESE TERMS SHALL NOT BE CONSTRUED AS A WAIVER OF ANY RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT OR ANY OTHER CONSUMER PROTECTION LAW THAT DOES NOT PERMIT WAIVER OF RIGHTS.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Gelson’s agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Gelson's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Gelson’s may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The California Code of Civil Procedure sections 1280 et seq. governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be administered by JAMS. Any dispute, controversy, or claim arising out of or relating to this Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Gelson’s must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to the initial filing fee of $25.  Except for the initial filing fee, if the Customer initiates the Arbitration, Gelson’s will pay the fees and cost of JAMS and the JAMS appointed Arbitrator. In addition, for claims of less than $1,000, Gelson’s will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Gelson’s, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Program terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Gelson's.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Gelson’s in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GELSON’S WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Gelson’s at gelsonsrewards@gelsons.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Program terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Program.

31. Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.

32. Severability

The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Gelson's, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

33. Additional Information on the Program

If you have any questions regarding the Program, you may email Customer Service at gelsonsrewards@gelsons.com or call 1-818-995-9370.

 

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