yes PROGRAM PARTICIPATION RULES
EFFECTIVE date: 8/21/20
Welcome to the yes Program and Fresh Rewards Program (collectively, the “Program”), owned and operated by Family Fare, LLC and its affiliates and subsidiaries (collectively, “Family Fare”). These Program Participation Rules (the “Rules”) govern your participation in the Program. You agree to be bound by these Rules, as they are amended from time to time, when you open a Program account (“Account”) or participate in the Program. In these Rules “you” and “your” refers to each customer who opens an Account. “We,” “us,” and “our” refers to Family Fare and the stores participating in the Program.
1. Participating Stores. The following stores participate in the Program:
- • all D&W Fresh Market stores
• all Family Fare Supermarkets stores
• all VG’s Grocery stores
• all Family Fresh Market stores
• Forest Hills Foods
• Ada Fresh Market
• all Dan’s Supermarkets stores
• all Quick Stop Fuel Centers associated with these participating stores
2. Program Description. The Program offers participating customers in-store savings on identified products sold at participating stores. We may also offer participating customers with other promotions, benefits, and rewards for shopping at participating stores from time to time. Your Account is not assignable.
3. Enrolling in the Program. You may enroll in the Program and register to obtain an Account and, if applicable, an associated Account card (“Card”) in a number of ways:
- • Downloading the mobile app for any of the participating stores above;
• Visiting the in-store kiosk;
• While at the check-out or by visiting the Customer Service Counter at any of the participating stores;
• Clicking on the “Join now” yes link on a participating store’s website;
If you enroll online, you may print a paper copy of your Card on your home printer or you may designate a participating store where you may pick up your Card at the store’s Customer Service Counter. A Card is not required to participate in the Program.
You must be at least 18 years of age to have an Account. If you would like a member of your household who is at least 13 years of age but under 18 years of age to participate in the Program, you may request at the Customer Service Counter that we issue him or her a Card that accesses your Account. You will be responsible for the use of the Account by that person. The Program is open to individuals only and may not be used by companies, businesses, charities, corporations, partnerships or any other entity.
To obtain the available in-store savings and/or to participate in other promotions and benefits we offer at participating stores as part of the Program, you may be required to present your Card, provide us with your phone number as it appears in your Account information, or otherwise give us the information required to look up your Account at check out. If you fail to provide us with such information at check out, you may not be able to receive in-store savings, and we will not be able to retroactively allow you do so for that transaction.
4. Linking Accounts. Cards, phone numbers or other information can be linked to a single Account. Accounts that are linked together will be identified in aggregate as a Household. We will select a member of your household to designate as the “primary shopper.” In addition, any two or more customers, regardless of whether they are in the same household, can request at a participating store’s Customer Service Counter that their information be linked. To do this, the Program participants must be present and provide a picture ID All transaction history attributable to each of the linked Accounts will be linked to the primary shopper’s Account and may be viewed by any Program participant linked to that Account. Your Account may only be in one linked relationship.
Any Program participant whose Account is linked to another Program participant may at any time request at a participating store’s Customer Service Desk that his or her information be unlinked from the other Program participant. If the primary shopper is delinked from the linked Account, we will designate another primary shopper for the linked Account.
The yes Program and Fresh Rewards Program are separate programs. However, any digital coupons, in-store savings, promotions or benefits that you may upload to one Account may be used at any store participating in the Program. Some promotions are specific to a participating store, so not all participating stores will participate in each promotion. If you have a Fresh Rewards Account and/or a yes Rewards Account, you may have your Accounts share the same household by linking the two Accounts, and you may use the Accounts interchangeably.
Customers who request to link or unlink their Account must allow us up to 3 Business Days to implement the request. For purposes of these Rules, a “Business Day” is any day from Monday through Friday that a majority of the participating stores are open for business.
5. Keeping Information Current. You agree to submit and maintain accurate and current user information in connection with your Account. Such information includes name, address, email address, and telephone number. You can update your Account information by (i) accessing your Account through our website, mobile app, or an in-store kiosk; (ii) requesting an update at the Customer Service Counter at any participating store; or (iii) calling us at 888-880-9371. For security reasons, we cannot accept changes by mail or e-mail.
6. Security of your Account. You are solely responsible for the security of your Account and your username and password to access your Account online. We will not be responsible for any unauthorized access to your Account. You should not share your Account information, Card or your username and password with anyone. If your Card is lost or stolen or you believe someone gained unauthorized access to your Account username or password, notify us as soon as possible at any participating store’s Customer Service Counter or by calling us at 888-880-9371 so we can close your Account and open a new Account in your name. We are not responsible for verifying the identity of persons using your Card or accessing your Account.
7. Privacy. At Family Fare we value the privacy of our customers. We do not use or share Personal Information with any third party outside Family Fare, except as provided in these Rules.
A. Information that We Collect About You. We may collect Personal Information about you to conduct our business and to provide products, services and other opportunities to our customers and website users, including the discounts and benefits associated with the Program. We use the Personal Information we collect to (i) analyze and monitor consumer and customer activity; (ii) support our products and services; (iii) promote products and services in which you may be interested; and (iv) develop a knowledge base regarding our customer and website users.
The Personal Information we may collect includes:
- • Your name, address, email address, birth month and day, and phone number
• Information that we collect as a part of the Program associated with your name, address, e-mail address or phone number.
• Information we obtain from third parties for the purpose of data verification and supplementation as described in section 7C, below, which becomes associated with your name, address, email address or phone number.
In addition to Personal Information, we may also collect "Purchase Information" which includes information about your purchases that we obtain when you use your Account, including date and time of purchase, contents of purchase, store location and total dollar amount of purchase. If Purchase Information is associated with Personal Information, it shall be considered Personal Information.
B. Uses of Personal Information. We may use the Personal Information we collect about you in the conduct of our business. For example, we may use the Personal Information to: (i) provide you the benefits offered through the Program; (ii) mail or email information to you about promotions, offers or services we think will be of interest to you unless you choose not to receive the information when you open your Account or at a later date by notifying us at any participating store’s Customer Service Counter or by calling us at 888-880-9371; (iii) return lost keys attached to your Card to the address associated with your Account in our records; and (iv) monitor and evaluate the success of the Program.
C. Sharing of Personal Information. We shall only share the Personal Information that we collect about you with any third parties outside Family Fare as set forth in these Rules or with your consent. We may share your information with third parties, including our affiliates, business partners, and those providing services on our behalf, as further detailed below and in Section 4.
Specifically, we may share Personal Information with third parties who provide services to us, including without limitation, our auditors and accountants, attorneys, and third parties whom (i) provide data entry services for Program applications, (ii) conduct consumer research for us, and (iii) mail materials or post advertisements for products and services in which you may be interested. If we use a third party to provide services that involve access to any Personal Information, it will be for limited purposes and in compliance with these Rules.
We may also share Personal Information with third parties for marketing and other purposes as well as with any co-sponsor(s) of contests, sweepstakes, or other promotional activities.
You may further have the option to share Personal Information about you with voluntary programs operated by third parties that coordinate with the Program. By electing to share such Personal Information with third parties who operate coordinated programs, you may qualify for benefits offered under the coordinated program. If you decide to share your Personal Information with such third parties, please keep in mind that the Personal Information it will be subject to any such third party’s privacy and data collection practices.
We may also receive Personal Information about you from third parties. For example, we may use a third party to verify or supplement our data, including Personal Information, such as when we receive updates from the National Change of Address service to ensure the accuracy of Program participant address information, or when we purchase a mailing list or other information about individuals interested in certain products and combine this information with information in our database.
D. Aggregate and De-Identify Personal Information. We may aggregate or de-identify Personal Information of customers who participate in the Program (such as the amounts and types of groceries purchased by a typical Program participant), such that no customer can be connected with aggregated or de-identified Personal Information. We may use such aggregated or de-identified information to better understand the needs and preferences of our customers, identify the effectiveness of promotions, or provide new or better products and services to our customers. We may also share such aggregated or de-identified information with third parties for any purpose except as prohibited by applicable law. We may, for example, share the aggregated or de-identified information with third parties in order to allow them to measure the effectiveness of the marketing programs and advertisements provided to Program participants.
E. Disclosure of Personal Information in Response to Special Circumstances. We may elect to disclose Personal Information about you without prior notice in response to law enforcement activity or other governmental request; to respond to subpoenas, court orders or administrative agency requests for information; to enforce our contract or property rights; to protect ourselves or others; or when required or otherwise permitted by law. All Personal Information that we collect may also be disclosed in connection with the proposed sale, transfer, or merger of the company or any division or business line of the company to which the Personal Information relates.
F. Retention. We may retain Personal Information as needed to maintain the Program and provide you with any services; to comply with any legal obligations, meet any regulatory requirements, resolve any disputes or litigation, or as otherwise needed to enforce these Rules; and to prevent fraud and abuse. If requested by law enforcement, we may also retain Personal Information for a longer period of time
G. Your Rights and Choices. Participation in the Program is completely voluntary. When you enroll in the Program, you agree that we may collect, retain, use and disclose the Personal Information we collect as described in these Rules. If you do not consent, please do not enroll in the Program. If you wish to opt out of the Program or opt out of the sale of Personal Information, you may either (i) call us at 888-880-9371 or (ii) discontinue your participation in the Program and close your Account by making a request at any participating store’s Customer Service Counter or by calling us at 888-880-9371. When requesting to opt out of the sale of Personal Information, we may need to verify your identity so we may ask you to provide several data points like name, phone number, email address, mailing address, and your unique identification number for the Program to match against the Personal Information we have in our systems. You may also opt out of receiving certain communications by updating your preferences in your online Account (accessible via any participating store’s website). Please note that opting out is not retroactive; it will only apply to your information going forward.
You may request a summary of the Personal Information we’ve collected about you, so long as it is retrievable in the ordinary course of business and it does not impose an unreasonable burden. You may also request a list of all third parties with whom we have shared Personal Information about you during the preceding twelve-month period for such third parties’ direct marketing purposes. You may make such a request at any participating store’s Customer Service Counter or by calling us at 888-880-9371. We will email the information to you at your email address on file in your Account.
You may correct or update Personal Information online by accessing your Account via a participating store’s website, by making a request at any participating store’s Customer Service Counter, or by calling us at 888-880-9371.
I. Data Security Practices. We use commercially reasonable means to protect the integrity of our systems and the confidentiality of collected data. For example, we operate secure data networks which utilize industry standard firewalls and password protection systems designed to prevent unauthorized access to our data systems. We cannot provide absolute assurances against, and will not be liable for, breaches of confidentiality due to system failures or unauthorized access by third parties.
8. Amendment to, and Termination of, these Rules. The Program is offered at the sole discretion of each participating store and Family Fare. We reserve the right to change, amend, temporarily suspend or terminate these Rules and the Program at any time at our sole discretion. Any change in these Rules will be immediately effective when it is posted on our participating stores’ websites and made available at our participating stores’ Customer Service Counters. You are responsible for keeping informed of changes to these Rules. If you misuse your Card or Account or otherwise abuse the Program, we may in our sole discretion immediately terminate, suspend, or limit your participation in the Program without prior notice to you. If we fail to exercise our rights under these Rules on any occasion, we may elect to enforce those rights on any other occasion, at our sole discretion.
If you no longer wish to participate in the Program, simply stop using your Account. By using your Account or the associated Card, you agree to be bound by these Rules as it may be amended from time to time.
9. DISCLAIMERS; LIMITATION OF LIABILITY.
USE OF THE PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. PROGRAM BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SPARTANNASH COMPANY, FAMILY FARE, LLC, D&W FRESH MARKETS, FAMILY FARE SUPERMARKETS, VG’S GROCERY, FAMILY FRESH MARKETS, FOREST HILLS FOODS, ALL QUICK STOP FUEL CENTERS ASSOCIATED WITH THESE STORES, AND ANY AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "PROGRAM PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PROGRAM PROVIDERS MAKE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE PROGRAM WILL MEET YOUR EXPECTATIONS.
PROGRAM PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROGRAM PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
10. Governing Law. These Rules, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without regard to conflict of law principles.
11. Acceptance of Terms. These Rules constitute the entire agreement between you and us regarding the Program. They may not be amended except in a writing approved by us. Participation in the Program will constitute your acceptance of these Rules as they are amended from time to time.