Thank You Terms & Conditions
Welcome to Bashas’® Thank You! We know it would be easier not to have terms and conditions to read, but then you might miss some of the nifty features of the Thank You® program. And we plan to change and improve Thank You® over time, so please come back and check this page frequently for any changes. These Terms and Conditions are important and affect your legal rights, so please read them carefully. Note that these Terms and Conditions contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
Overview
Bashas’® Thank You® is a FREE customer loyalty program that allows Members to receive biweekly personalized offers, weekly Member Deals, access to additional digital coupons, and special savings on sale items. Any such personalized offers, Member Deals, digital coupons, and special savings will expire on the date provided with such offer.
Enrollment
To participate in the Thank You program and to become a Member, you must create an account. Only individuals aged 18 or older may enroll to become Members of Thank You® by completing the enrollment form, available at Bashas.com (the “Website”) or our Bashas’® app (the “App”). Individuals may also enroll by calling the Bashas’® Service Center at 1 (800) 755-7292. With information gathered during the enrollment process, Thank You® will create a Member Account to track the Member’s available offers and past purchases and a profile for the Member to control communication preferences. Employees of Bashas’®, Food City, or AJ’s Fine Foods may enroll to become Members of Thank You® regardless of age. You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to use your Thank You program membership on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Thank You program.
Membership
No purchase is necessary and there are no fees to become a Member of the Thank You® Program. The Thank You Program® is not available in all areas and is void where prohibited by law. You are solely responsible and liable for all data, information and other materials that you submit, upload, post, e-mail or otherwise transmit in connection with the Thank You program.
BY BECOMING A THANK YOU® MEMBER, YOU AGREE TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY (https://www.bashas.com/privacy-policy/). YOUR PRIVACY IS IMPORTANT TO US AND OUR POLICY INCLUDES INFORMATION ABOUT YOUR RIGHTS, INFORMATION SHARING, AND THE FINANCIAL INCENTIVES OFFERED TO THANK YOU® MEMBERS. IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS OR OUR PRIVACY POLICY, DO NOT BECOME A THANK YOU® MEMBER. IF YOU DO NOT AGREE AND YOU ARE ALREADY A THANK YOU® MEMBER, YOU SHOULD REQUEST THAT YOUR ACCOUNT BE CANCELED BY CALLING BASHAS’® SERVICE CENTER at 1 (800) 755-7292.
Thank You® Shopper ID
At enrollment, Members will be required to create a Thank You® shopper ID. Each Thank You® shopper ID must be unique. If a Member attempts to establish a Thank You® shopper ID that already exists as another Members Thank You® shopper ID, the Member will be required to select a different number.
Optional Thank You Card
In addition to creating a Thank You account, in the past Member previously could choose to receive a physical Thank You Card. If you have a physical Thank You Card, we strongly recommend you protect your Thank You Card like you would cash. Bashas’® is not responsible for lost, stolen, or damaged Thank You Cards. To ensure proper handling of Member Accounts, lost or stolen Thank You Cards must be reported immediately to the Bashas’® Service Center at 1 (800) 755-7292 or at our Website. Thank You Cards remain the property of Bashas’®, privileges may be rescinded at any time, and Thank You Cards must be surrendered to us upon request.
Online Shopping Purchases
Thank You program offers and deals are not eligible on online shopping orders through third party platforms like Instacart, Uber Eats, or Doordash.
Exclusions
Certain items are not eligible towards Dollar Off Offers (e.g., $5 off, $25 off, etc). These items may include: alcohol, tobacco, tax, pharmacy, lottery tickets, postage stamps, certain prepaid cards, gift cards, money orders and any other in-store services (services include, without limitation and by way of example, mailbox rental fees, postal services fees, dry cleaning fees), plus any other products or services prohibited by law. Purchases made before or after designated promotional periods are not eligible.
Updates to Member Information
Members can keep their personal information up to date via their profile on the Website or App. The information obtained from the profile and through the Member’s purchase activity will allow Bashas’® to customize product offerings, improve the Member’s shopping experience, and provide the Member with marketing information. By enrolling to become a Member of Thank You, you consent to automatically receiving promotion notifications and other communications. Members can control their communication preferences via their profile on the Website or App. Printed promotional materials will be mailed only to those households within our marketing territory. Bashas’® will comply with all laws applicable to the disclosure and protection of Thank You Card information. As a convenience to them, Members may opt to engage in activities, services or programs that require Bashas’® to share such information (e.g., online shopping services), but are not required to engage in those activities, services, or programs. Examples of such information sharing can be found in our Privacy Policy under “Sharing Of User Information.”
Membership Cancellation
Members may cancel their Thank You membership by calling the Bashas’® Service Center. Upon cancellation, any unused offers or deals on the Member Account will be forfeited and cannot be redeemed. Once membership is cancelled, the Thank You Shopper ID or Thank You card may no longer be used.
Email & SMS Opt-Ins
As part of the registration process, Members may opt-in to email and/or SMS alerts. These alerts will contain information about available savings opportunities or other relevant information about Bashas’® products and services. To unsubscribe from email alerts, select the unsubscribe link within the email. To unsubscribe from text alerts, text STOP to any incoming message. List of participating carriers: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel & Virgin Mobile. Neither Bashas’® nor any carriers is liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you and the message frequency may vary per user. We may discontinue email and/or SMS programs at any time without notice.
Misuse of Program
Bashas’® may deny and/or revoke membership in Thank You at any time and for any or no reason at all, including, without limitation, if a Member abuses the Thank You Program or fails to follow the Terms and Conditions. Fraud or abuse relating to the redemption of Thank You offers will result in revocation of membership and may affect a Member’s eligibility to participate in other programs offered by Bashas’®.
Amendment
We may amend the Terms and Conditions at any time by posting updated or revised Terms and Conditions on the Website. Please check the Website frequently for updates or revisions to the Terms and Conditions. Except to the extent that your express consent to any revised Terms and Conditions is required under applicable law, use of your Thank You Shopper ID or Thank You Card after the effective date of any amendment to the Terms and Conditions shall confirm that you agree to the amendment. If you do not agree to an amendment to the Terms and Conditions, you must stop using your Thank You Shopper ID and Thank You Card and cancel your membership.
Unforeseen Events
Events beyond our control (such as computer equipment or electronic data transmission failure, strikes, civil disturbance, fire, or flood) which may materially affect our ability to perform will allow us to suspend or terminate the Thank You Program.
Disputes and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Enrolling in the Thank You Program constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Bashas’® will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision. ALL DISPUTES ARISING OUT OF OR RELATED TO THANK YOU, THESE TERMS AND CONDITIONS, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BASHAS’®, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT BASHAS’® AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. REGARDLESS OF THE FORUM, YOU AND BASHAS’® EACH AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
Arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration.
If you decide to initiate arbitration, you agree to pay an arbitration initiation fee of $250, unless you are entitled to a waiver of the fee under applicable law. Bashas’® agrees to pay the remainder of the initiation fee and all other costs of the arbitration proceeding.
The arbitration will be held at a location in the same county as your hometown area unless you and Bashas’® both agree to another location or telephonic arbitration. The arbitrator’s decision will be subject to the Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding any of the foregoing, nothing in the Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
You and Bashas’® agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged, and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may be lawfully required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of a governmental agency.
The Terms and Conditions will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of Arizona, without regard to conflicts of law principles. Any claim regarding the Thank You program must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
Indemnity and Liability
You shall indemnify, hold harmless, and, at Bashas’ option, defend Bashas’ and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) incurred by Bashas’ in connection with any third-party claim, suit, action or proceeding relating to or arising from your use of and/or participation in the Thank You program, Website, and/or App, or your breach or violation of these Terms and Conditions. You further agree that Bashas’ shall have sole control of the defense or settlement of any such third-party claims unless Bashas’ exercises its option to require you to defend Bashas’ hereunder.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BASHAS’® BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE BASHAS’® SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM BASHAS’®, OR FROM EVENTS BEYOND BASHAS’® REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF BASHAS’® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BASHAS’® ARISING OUT OF OR IN ANY WAY RELATED TO THE BASHAS’® SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE BASHAS’® SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
General
Interpretation of these Terms and Conditions shall be at the sole and absolute discretion of Bashas’®.
The Thank You Program is offered entirely at the discretion of Bashas’® and we reserve the right to, in our sole discretion, alter, limit, modify, and/or end Thank You at any time, with or without notice, which may result in the forfeiture and loss of all benefits and privileges associated with the Thank You Program.
For additional questions about this program, please call Bashas’® Service Center at 1 (800) 755-7292. You can also submit questions, comments, suggestions, ideas, original or creative materials or other information about Bashas’® and/or the Thank You program, and all such feedback shall become the sole property of Bashas’®.
Persons with disabilities who need assistance accessing these Terms and Conditions and/or the Thank You program may contact us as provided for in this section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms and Conditions and/or the Thank You program in an alternative format.
Effective October 23, 2024. Last update 10/23/24.