Terms & Conditions

Effective Date: May 6th, 2019

Yogurt Mill Terms of Use

By registering for and participating in the Yogurt Mill loyalty program you acknowledge and agree to be bound by these terms and conditions (“Terms”). You may not participate in the Yogurt Mill loyalty program unless you agree to these Terms.

These Terms apply to your participation in the Yogurt Mill loyalty program (“Yogurt Mill Rewards”) which is operated by Yogurt Mill, Inc. (“Yogurt Mill”) in the United States of America. These Terms do not alter the terms or conditions of any other agreement you may have with Yogurt Mill for products, services, or other programs.

These Terms include an arbitration provision that governs any disputes between you and Yogurt Mill. Unless you opt out as described in the arbitration provision below, the arbitration provision below will:

  • Eliminate your right by trial by jury; and
  • Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide notices disclosures and amendments to these Terms of Use, and other information relating to the Yogurt Mill Rewards program by electronic means, including posting such information and materials online at www.yogurtmill.com

Yogurt Mill Rewards is a loyalty program designed to reward and thank guests for patronizing our business. Members of Yogurt Mill Rewards can earn and accumulate Swirls by making qualified purchases at Yogurt Mill locations that can be redeemed for certain menu items, as explained below.

Eligibility

Yogurt Mill Rewards is intended for personal use only, and does not apply to commercial use. Yogurt Mill Rewards is not targeted, nor intended for use by anyone under the age of 13. If you are between the ages of 13-18, you may access and participate in the Yogurt Mill Rewards program only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

To participate in Yogurt Mill Rewards, you must be a resident of the United States.

Registration

At this time, registration is only available through the Yogurt Mill App.

To register for Yogurt Mill Rewards, download Yogurt Mill App and complete the registration information. The registration process will require that you provide your full name, full address, phone number, email address, date of birth, user name, and a password.

You will also select a Yogurt Mill location as your home location. You may register for and use only one (1) Yogurt Mill Rewards account.
No membership card is required.

If at any time you believe the Rewards showing in your account are inaccurate, please email: rewards@yogurtmill.com

Swirls

After you register, you will earn Swirls for qualified purchases from the Yogurt Mill menu. Each One Dollar ($1.00) spent on eligible menu items is worth two (2) Swirls. Eligible menu items may change from time to time. You cannot earn Swirls for purchases made or orders placed prior to registration. Swirls will be credited to your account (“Point Bank”) approximately twenty-four (24) hours after your eligible purchase. You will earn Swirls for both in-store and online orders (excluding third-party delivery services); but Rewards may only be redeemed in person at Yogurt Mill locations. Proof of purchase is required.

Not Eligible for Swirls

The following items do not qualify for Swirls:

Retail items
Gift cards
Purchases from offsite events outside of Yogurt Mill locations
Purchases made with complimentary codes, donation codes and/or discount codes
Purchases from third-party delivery services

Additional Methods of Earning Swirls:

Refer A Friend

When you refer a friend to the Yogurt Mill Rewards program, you will be eligible for twenty-five (25) Swirls. To refer a friend, log in to your Yogurt Mill Rewards via the App and select “Refer a Friend.” To receive referral Swirls, your friend must (1) register for Yogurt Mill Rewards by following the link provided in your referring email, (2) visit a Yogurt Mill location and (3) make a purchase. Your referral Swirls will be credited to your Point Bank approximately twenty-four (24) hours after your friend makes the qualified purchase. You will not earn Swirls for referring friends who are already registered for Yogurt Mill Rewards or who have already been referred by other Yogurt Mill Rewards members.

Promotional Bonus Swirl Offers

From time to time, Yogurt Mill, or others acting with our permission, may offer you special promotions that offer you additional “Bonus Swirls”. The promotional Bonus Swirls will be awarded as described in applicable promotional offer and will be subject to such additional terms as may be set forth in such promotional offer.

Swirls Accrual, Expiration, and Exclusions:

Swirls will be credited to your Point Bank approximately twenty-four (24) hours after your Swirls-eligible purchase for purchases other than pre-orders and onsite private events. For pre-orders and onsite private events, Swirls will be credited to your Point Bank approximately seven (7) days after an order is fulfilled. Once you have obtained 150 Swirls and the same have been credited to your Point Bank, you will have earned one (1) Reward, which you may redeem for one (1) free eligible food or drink menu item valued at Ten Dollars ($10) or less. You may not redeem your Swirls until they have been credited to your Point Bank. The redemption of Rewards may not be combined with any other offers or promotions. Rewards may only be redeemed in person. Menu items eligible for Reward redemption may change from time to time. Non-food/drink retail items, gift cards and items purchased at events are excluded from the program and are not eligible for Reward redemption.

Once you redeem a Reward, such Reward will be deducted from your Point Bank. To redeem your Reward, provide your Yogurt Mill Rewards App to your cashier when placing your order.

Emails/Texts from Yogurt Mill

Yogurt Mill may from time to time send you emails or texts related to the Yogurt Mill Rewards program and other Yogurt Mill promotions. By registering for the Yogurt Mill Rewards program, you agree to receive such emails and texts.

Miscellaneous

There are no membership fees associated with Yogurt Mill Rewards. Swirls, Rewards, and other perks earned and accumulated in connection with the program are promotional and have no cash value. Your Yogurt Mill Rewards account is personal to you and may not be sold, transferred, or assigned to, or shared with, family, friends, or others. Yogurt Mill has the right to make the final determination regarding Swirls, Rewards and other perks earned by you in its sole discretion. You may have only one (1) Yogurt Mill Rewards account. Yogurt Mill reserves the right to terminate your account and/or your participation in Yogurt Mill Rewards if Yogurt Mill determines, in its sole discretion, that you have violated these Terms, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent, or otherwise unlawful. Yogurt Mill may, in its sole discretion, suspend, cancel, or combine accounts that appear to be duplicative. Yogurt Mill also reserves the right to deactivate and make ineligible for the Yogurt Mill Rewards program any account that has been inactive for two (2) consecutive years. Inactive is defined as no Swirls earned. The Yogurt Mill Rewards program is governed by the laws of the State of California. AS A CONDITION OF PARTICIPATING IN THE PROGRAM, YOU AGREE THAT ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS PROGRAM WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, IN ACCORDANCE WITH THE ARBITRATION PROVISIONS BELOW. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN YOUR ACTUAL OUT-OF-POCKET EXPENSES (E.G. COSTS ASSOCIATED WITH PARTICIPATING IN THE YOGURT MILL REWARDS PROGRAM), AND YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.

Arbitration

Please read this “Arbitration” section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of through court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use and/or your participation in the Yogurt Mill Rewards program.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Yogurt Mill Rewards, the Yogurt Mill Cards registered to your Yogurt Mill Rewards account, if any, or your relationship with Yogurt Mill. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Yogurt Mill Rewards, or your relationship with Yogurt Mill or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within thirty (30) days from the date you registered for a Yogurt Mill Rewards account (the “Opt-Out Deadline”). You may opt out of these arbitration procedures by sending Yogurt Mill written notice that you opt out to the following address: Yogurt Mill Team, Yogurt Mill, Inc., 4600 Glass Court, Suite A, Modesto, Ca 95356. Any opt out received after the Opt-Out Deadline (allowing three (3) additional days for mailing) will not be valid, and you must pursue your claim in arbitration or small claims court, as the case may be.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department @ loyalty@yogurtmill.com to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA“), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use, as a court would. Any arbitration shall be confidential, and neither you nor Yogurt Mill may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Governing Law

Any dispute arising from these Terms or your access to or participation in Yogurt Mill Rewards will be governed by and construed and enforced in accordance with the laws of California, without regard to conflicts of law rules or principles. Any dispute between you and Yogurt Mill that is not subject to arbitration, will be resolved in the state or federal courts having jurisdiction over Stanislaus County, California.

Program Changes

Yogurt Mill reserves the right to change these Terms or to eliminate Yogurt Mill Rewards at any time and in its sole discretion. Any changes or modifications will be effective immediately upon either (i) posting the revisions at www.yogurtmill.com or (ii) notice to you via email to the email address you provide when registering for the program.

E-Gift Refunds

No refunds will be issued on gift card purchases online through e-gift or on in-store purchases.

***However, any gift certificate with a cash value of less than $10 is redeemable in cash, which includes currency or check, for its cash value.