VOID WHERE PROHIBITED OR RESTRICTED. F’real Loyalty Program (“Program”) begins at 12:00:00 AM Eastern Time (“ET”) on March 24, 2018 and will be ongoing except as such Program Period may be modified, in Sponsor’s sole discretion.
1. ELIGIBILITY: The Program is open to legal residents of the 50 United States and the District of Columbia who are 13 years of age or older at the time of Program registration. By participating, you agree to these Terms and Conditions and to the decisions of the Program Entities (defined below), whose decisions are final and binding in all respects. Void in Puerto Rico, all other territories and where prohibited by law, rule or regulation. All applicable federal, state and local laws and regulations apply.
2. SPONSOR: F’real Foods, LLC, 6121 Hollis St., Ste 500 Emeryville, CA 94608
ADMINISTRATOR: Snipp Interactive (“Snipp”), 1605 Connecticut Ave NW, Washington, DC 20009
3. TIMING: The Program begins at 12:00:00 AM ET on March 8, 2017 and will be ongoing except as such Program Period may be modified, in Sponsor’s sole discretion. Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time.
4. HOW TO BECOME A MEMBER: To become a member (“Member”) of the F’real Loyalty Program, you must visit www.frealperks.com (the “Website”). Once you arrive at the Website, follow the onscreen instructions to register for the Program by completing the registration form with your true and correct information in the required fields (required fields include: Full Name, Complete Mailing Address, E-mail Address and Phone Number.) Once registration is complete, you are able to participate in the Program. You are able to terminate your account at any time on the Website. Limit of one (1) Member account (“Member Account”) per person/email address. You cannot participate in the Program (i.e., become a Member) until you register for a Member Account on the Website.
5. HOW TO PARTICIPATE AND EARN POINTS: Once a Member, purchase at least one (1) of the Qualifying F’real Products* (listed in the Appendix below) from any retailer in store and submit a valid receipt of the qualifying purchase to earn points (“Points”) which can be used toward a variety of rewards (“Rewards”) (as defined below). Points will be applied to your Member Account once earned. A summary of a Member’s Account may be viewed at on the Website at any time. Once registered, a Member can track the number of points they have received during the Program Period on the Website by logging in to their Member Account.
Members must highlight each Qualifying F’real Product* purchase on each receipt submitted with a star or check mark. Photo of receipt must clearly show the receipt in its entirety. Members should keep their receipt as F’real Foods, LLC, reserves the right to require a Member to provide original receipt for verification purposes upon request. Members can submit their receipt(s) using any of the three (3) methods detailed below:
a) Upload a photo of your receipt by texting the keyword “FREAL” to 811811 to receive a text message with instructions. Members will first receive a text message with opt-out instructions and disclosure for receipt of up to ten (10) automated text messages to the number provided, along with instructions for receipt submission. Limit of 160 characters per text.
b) Email a photo of your receipt(s) to email@example.com.
c) Upload a photo of your receipt(s) at www.frealperks.com. All receipts received will be reviewed and validated within forty-eight (48) hours.
Upon validation of a receipt you will earn Points for the Program. For each Qualifying F’real Product* purchased, you will earn twenty (20) points. Every one hundred (100) points will earn one (1) reward redemption.
6. POINT RESTRICTIONS: Points accrued during the Program are non-transferable to other Member Accounts and cannot be combined with or shared with any other Member Account. Points do not constitute property, do not entitle a Member to a vested right or interest and have no cash or monetary value. Sponsor expressly reserves the right to establish additional means of accruing Points, to delete any or all of the means currently in effect and to specify periods after which unused Points will be forfeited. Points can be accrued only for receipts submitted for purchases actually completed by you, as determined by Sponsor, and can be applied only to your Member Account. If for any reason your Member Account is terminated by either you or the Sponsor, all of your unused Points accrued will be forfeited. Unused Points shall be deemed void after one (1) year or upon early termination of the Program by the Sponsor.
7. REWARDS REDEMPTION: Upon registration completion, Members must participate by submitting a valid receipt(s) via the methods listed above throughout the Program to earn Points that can be redeemed for Rewards from the Website’s e-catalog (“Rewards”). Members need to earn at least five (5) Points to be able to redeem a Reward. Reward Points may be banked and accumulated to use for higher-valued Rewards. Rewards will be awarded only upon verification and final approval. Rewards are only available while supplies last and on a first redeemed basis. Sponsor reserves the right to substitute Rewards for comparable or greater value for any reason. No Reward substitution, cash equivalent of Reward, transfer or assignment of a Reward is permitted by the Members. Any federal stated and local taxes, as well as any costs and expenses associated with Reward redemption and use are the sole responsibility of the Member. Terms and Conditions as provided by the Reward provider may apply, which may include 1 year expiration dates. All Reward details are at Sponsor’s sole discretion. In the event of fraud, abuse of privileges, or violation of these Terms and Conditions, Sponsor reserves the right to deny participation at any time and to pursue appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. The trademarks are the property of their respective owners. The Program is not sponsored, endorsed or administered by any such trademark owner. Released Parties are not responsible for late, lost, inaccurate, incomplete, stolen, damaged, delayed, or undelivered Rewards.
Released Parties are not responsible for any computer related malfunction that prevents the recipient from accessing the Website or receiving their Rewards. All Rewards are subject to provider’s full terms and conditions, available at: http://www.freal.com/privacy-policy.
8. TEXT MESSAGING (SMS) TERMS AND RESTRICTIONS: Standard message and data rates may apply. By texting “FREAL” to 811811, you consent to receive up to six (6) one-time automated text messages from Sponsor and/or Snipp Interactive Inc. (“Snipp”) to the number you provided. Consent is not required to make a purchase. You may text STOP to 811811 at any time to opt-out or HELP for help. Carrier specific charges for text messages may apply, including error messages, depending on your individual cellular pricing plan, in accordance with your cellular customer agreement. SMS may not be available for all service providers or for all handsets. Cellular phone carrier’s instructions for text messaging may be different. Check your phone capabilities and service provider for specific instructions. Sponsor makes no guarantee that any particular wireless service provider will be compatible with the Reward Program. Participant is responsible for all applicable fees and taxes associated with Reward Program participation. Sponsor, in its sole discretion, may add or delete a cellular carrier at any time, without notice.
9. YOUR CONSENT: Receipts that cannot be validated for any reason will be rejected. For example only, and not an all-inclusive list, a receipt will be rejected if it: (i) fails to pass anti-fraud detection measures; (ii) is unauthorized, fake, or has been illegitimately obtained; (iii) contains any messages, code or other markings not recognized by the administrator; (iv) contains printing or other errors; (v) is illegible, unreadable or blank; (vi) has been previously used; (vii) reflects the use of more than an authorized number of receipts for the Qualifying Purchase; or (viii) is incorrectly or incompletely entered or submitted. Receipts obtained through unauthorized means or illegitimate channels will be void. Receipts cannot be sold, traded, auctioned, or bartered; all of which will be void. Duplicate requests and requests from resellers, dealers/distributors, their employees or warehouse facilities, groups, clubs or organizations will be void. All requests become the property of Released Parties (defined below) and will not be returned. Fraudulent submission could result in federal prosecution under mail fraud rules and regulations. By participating in the Promotion, you agree (i) to release, discharge, indemnify and hold harmless F’real Foods, LLC, Snipp Interactive, and their respective parent, subsidiaries, affiliates, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Promotion or out of the acceptance, use, misuse or possession of any product or service attained through this Promotion.
10. RELEASE OF LIABILITY: By participating in the Program, you agree (i) to release, discharge, indemnify and hold harmless F’real Foods, LLC, Snipp and their respective parent, subsidiaries, affiliates, Reward providers, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any product or service attained through this Program.
11. PUBLICITY GRANT: Participation in the Program constitutes permission for Sponsor and its designees to use your name, biographical information, image, likeness and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.
12. PROGRAM MODIFICATIONS/CONDUCT: The Terms and Conditions will be posted throughout the Program. Sponsor reserves the right to revise any of these Terms and Conditions at any time by updating this posting. Revisions may include, but are not limited to, the duration of the Program, the methods and number of methods through which you may earn Points, the number of Points that may be redeemed, and any of the options made available with respect to your Member Account. Sponsor will use commercially reasonable efforts, in its discretion, to give notice of any material change. By continuing to participate in any part of the Program following the posting of any such change, you are deemed to have agreed to the amended version of these Terms and Conditions and are bound by any such revisions and should therefore periodically visit this Website to review the then current Terms and Conditions to which you are bound. Any failure to comply with these Terms and Conditions, or any attempt to act in a way that is inconsistent with the intent of these Terms and Conditions, or any conduct detrimental to Sponsor, or any misrepresentation, or any fraudulent activities in connection with the Program, or failure to act in a manner consistent with federal, state, provincial or local laws, regulations or ordinances by you may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of your Member Account and all Points accrued and Rewards yet to be redeemed, as determined by Sponsor or its authorized agents, in their sole discretion. All questions or disputes regarding the Program, including without limitation those involving eligibility, participation, fraud and abuse, will be resolved by Program Entities.
CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEMDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
13. LIMITATIONS OF LIABILITY: The Released Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, submissions, Rewards, Points, redemptions, or emails; (b) any incorrect or inaccurate registration information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Program; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Program; (e) inaccessibility or unavailability of the Internet or the Website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the processing of registrations, submissions, Point redemptions, the announcement of the Rewards, or in any other Program-related materials; or (f) any injury or damage to Members or to any other person's computer which may be related to or resulting from any attempt to participate in the Program. If, for any reason, the Program (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program, then the Program Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Program in whole or in part. In such an event, an email will be sent to all Members notifying the Members of the modifications and/or cancellation and, if applicable, any procedure implemented to redeem unredeemed Points.
*QUALIFYING F’REAL PRODUCTS:
|CONSUMER UPC||PRODUCT NAME|
|813993001196||f'real Chocolate Milkshake|
|813993001295||f'real Strawberry Milkshake|
|813993001394||f'real Vanilla Milkshake|
|813993001493||f'real Chocolate Malt Milkshake|
|813993005293||f'real Cookies 'n Cream Milkshake|
|813993005194||f'real Mint Chip Milkshake|
|813993005699||f'real Milkshake made with Reese's Peanut Butter Cups|
|813993002599||f'real Macachocochicoconut Milkshake|
|813993002698||f'real S'mores Milkshake|
|813993002797||f'real Pumpkin Cheesecake Milkshake|
|813993002896||f'real Cotton Candy Milkshake|
|813993002995||f'real Cinnamon Roll Cinnabon Milkshake|
|813993003695||f'real Apple Pie Milkshake|
|813993003794||f'real Banana Chocolate Chunk Milkshake|
|813993003893||f'real Farmhouse Blend Coffee Milkshake|
|813993003992||f'real Glazed Donut Milkshake|
|813993000526||f'real Mud Pie Milkshake|
|813993000243||f'real Chocolate Macachocochicoconut Milkshake|
|813993000267||f'real Carmel Popcorn Milkshake|
|813993001998||f'real Cake Batter Milkshake|
|813993006092||f'real Lemon Drop Milkshake|
|813993006191||f'real Root Beer Float Milkshake|
|813993003190||f'real Coffee Frozen Cappuccino|
|813993004494||f'real Strawberry Banana Smoothie|
|813993004593||f'real Mango Smoothie|
|813993004692||f'real Blueberry Raspberry Pomegranate Smoothie|
|813993006412||f'real Chocolate Protein Shake|
|813993000090||f'real Chocolate Milkshake/Chocolat Lait Frappé|
|813993000199||f'real Strawberry Milkshake/Fraise Lait Frappé|
|813993000298||f'real Vanilla Milkshake/Vanille Lait Frappé|
|813993000397||f'real Cookies 'n Cream Milkshake/Biscuits et Crème Lait Frappé|
|813993000496||f'real Mint Chip Milkshake/Brisures et Menthe Lait Frappé|
|813993000595||f'real Reese Peanut Butter Cups Candy Milkshake / Friandise Moules au Beurre D’Arachides Reese Lait Frappé|
|813993000991||f'real Cotton Candy Milkshake/Barbe à Papa Lait Frappé|
|813993003596||f'real Frozen Cappuccino Mocha/Cappuccino Glacè Moka|
|813993004791||f'real Strawberry Banana Smoothie/Smoothie Fraises et Bananes|
|813993004999||f'real Berries and Pomegranate Smoothie/Smoothie Baies et Grenade|
|813993004890||f'real Mango Smoothie/Smoothie Mangues|
|813993000359||f'real Cake Batter/ Pâte à gâteau|