Loyalty Program Terms and Conditions

Last Modified: 07/01/2024

By signing up and by providing your information to Moran Foods, LLC (the “Company”), you agree to abide by these terms and conditions (“Save A Lot Rewards T&C”), which are subject to change from time to time.

You consent to Company’s collection, use, and disclosure of your information in accordance with the Company’s Privacy Policy located at: Privacy Policy. Company has the right, in its sole discretion, to modify, add, or delete any of these Save A Lot Rewards T&C, benefits, offers, or discounts, in whole or in part, at any time, with or without notice, even though such changes may reduce (or increase) the value of a discount or offer, or an individual’s benefits, except where prohibited by law. Continued participation constitutes acceptance of any modifications, additions, or deletions. All questions and interpretations concerning these Save A Lot Rewards T&C shall be resolved in the sole discretion of Company and by participating, you expressly agree to be bound by Company’s decisions.

1. Eligibility To participate in this loyalty program (the “Program”) you must be at least eighteen (18) years of age or the age of majority in your jurisdiction of residence. You may maintain one membership account only. Corporations, groups, and/or associated entities cannot enroll as members. Membership and all benefits associated with the Program are non-transferable. The Program is for personal use only and may not be used for commercial purposes.

2. Program Participation To participate in the Program you must complete the rewards program account registration process, which may be done through the rewards app or in such other manner as we may offer]. You must provide correct information when enrolling. As part of enrolling in the Program, you agree that participation is subject to these Save A Lot Rewards T&C’s, and all other applicable terms. Providing fictitious, incorrect, or false information may result in termination of your account and forfeiture of all existing benefits. You acknowledge that Company may (i) communicate with you about Program changes, rewards and promotional materials through the e-mail address you provide during your registration; (ii) share your account information with our trusted third-party providers in connection with the Program; and (iii) use and share information and data about you as set forth in our Privacy Policy. You are solely responsible for any third-party account access or activities, including any unauthorized Rewards redemptions. You agree to keep your account information current and to secure your account credentials and log-in information. You should Contact Us in the event of suspected unauthorized access to or misuse of your account, but you will remain solely responsible for any unauthorized use or misuse.

You are responsible for reading these Save A Lot Rewards T&C to understand your rights, responsibilities, and status in the Program, as well as how to earn dots (“Dots”) and/or redeem rewards (“Rewards”). Please see the Program’s Frequently Asked Questions for information about how to participate in the Program, earn Dots and Rewards. You will earn one Dot per dollar spent on eligible merchandise, post-discount, pre-fees, and pre-tax. Convert your Dots to shop for Rewards, which will be loaded into your digital wallet. Dots and Rewards are not redeemable for cash, and may not be transferred, purchased, sold, or bartered. Dots are issued for eligible merchandise purchases, post-discount, pre-fees, and pre-tax. Dots are not awarded for purchases of tobacco, alcohol, prepaid gift cards, cellphones, Save A Lot gift cards, or bag fees. Rewards are redeemable only for eligible products at Company’s sole discretion, and cash Rewards cannot be redeemed on certain items such as alcohol, tobacco, lottery tickets and gift cards. Rewards offered may be cancelled at any time. The Company reserves the right to adjust any balance resulting from fraud, malfunction, or operator error, at its sole discretion. If a purchase is returned, your Dots award balance will be reduced based on the purchase price. If you return an item bought using Rewards, the amount of any such used Rewards will not be reinstated.

3. Expiration of Dots and Rewards All Dots expire on the last day of the calendar month nine months after the date the Dots were earned. Any remaining unredeemed amount left over after redeeming a specific Reward results in forfeiture of that remaining amount. If a Reward is redeemed for an item that is then returned, no reissuance of the Reward or Dots will result. All Rewards not redeemed 30 days from the date of issuance will expire.

4. Limitation of Liability and Additional Terms By participating, you agree that the Company and its affiliates and subsidiaries and their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) will have no liability or responsibility whatsoever for, and shall be held harmless against, any liability for any injuries, losses, or damages of any kind (including without limitation, direct, indirect, incidental, consequential, or punitive or exemplary damages) to persons, including personal injury or death, or property arising in whole or in part, directly or indirectly, from your participation in the Program, or the acceptance, possession, use or misuse of Dots or Rewards. In no event shall the Released Parties be liable to you for any delay in or failure to perform due to causes beyond the Company’s reasonable control, including without limitation, any act of God, act of war, natural, disaster, weather, terrorism, or any act or omission of a third party. This section will survive termination of your participation in the Program.

5. Severability In the event any of these Save A Lot Rewards T&C are found by any Court to be void or otherwise invalid, the remainder of the terms and conditions shall remain valid and enforceable.

6. Jurisdiction This Program and these Save A Lot Rewards T&C shall be governed by, construed, and interpreted under the laws of Missouri The Federal and State courts of Missouri shall be the exclusive court of jurisdiction in the first instance for any disputes regarding these Save A Lot Rewards T&C.

7. Termination of Program The Company reserves the right to terminate this Program at any time, without notice. The Company reserves the right to terminate your account for any reason, in its sole discretion. After termination, all Dots, Rewards, and other benefits accrued are rendered invalid and void, and without any value, even if value remained in your account.

8. Contact Information For communications concerning the Program and these Save A Lot Rewards T&C, please contact the Company’s Customer Service team.

9. Important Notices a. The Company provides the Program, these Save A Lot Rewards T&C, and other services and products “As Is” and, to the fullest extent permitted by applicable law, expressly disclaims any representation or warranties of any kind, express or implied, including but not limited to warranties of merchantability, or fitness for a particular purpose. Under no circumstances, including but not limited to, negligence, shall the Company be liable to you, or any member, or anyone claiming through a member, for any direct, indirect, incidental, special or consequential damages, or lost revenue or profit, arising out of the Program, Company’s acts or omissions in connection with the Program, or any such other products or services, even if the Company has been advised of the possibility of such damages. In the event the Company or the Program is held liable for any damages related to these matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid for by you, or such other alternative comparable benefit as determined by the Company. b. Earning rewards is subject to all applicable laws and regulations. Dots and Rewards may be subject to income or other taxes. Such taxes and all disclosures related thereto are your sole responsibility, not the Company’s. The Company is not responsible for, and reserves the right to correct any pricing or typographical errors, errors of description, or errors regarding the Program. c. The Company reserves the right to correct any benefit granted in error. d. The Company is not responsible for late, lost, incomplete, or misdirected entry information or communications; computer system, phone line, electronic equipment, computer hardware, software or program malfunctions, or other errors; failures or delays in computer transmissions or network connections; or for any other technical problems. The Company is not responsible for incorrect or inaccurate entry information, whether caused by members or by any of the equipment or programming associated with or utilized in the Program, or by any technical or human error which may occur in the processing of points and account information. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY APP OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Notice of financial incentive. From time to time, we may offer coupons or other price reductions for our products and services in exchange for your voluntary participation in this Program. We offer this Program to enhance our relationship with you so that you can enjoy more of our products and services at a lower price.

When you participate in this Program, you agree to allow Save A Lot and its Program-related service providers to (i) collect personal information and information about your purchases and interactions with Save A Lot; (ii) use the information as outlined in this Notice and in our Privacy Policy; and (iii) share the information with our service providers and affiliates, as identified and described in the Save A Lot Privacy Policy. The categories of personal information we may collect through the Program are described in our Privacy Policy. We utilize the information we collect through the Program and from your commercial relationship with us to gain insights and feedback about your use and purchase of Save A Lot products and services in order to improve our products and services, and market additional products and services to you. Under various state laws, rewards offered through the Program may be considered a financial incentive provided in exchange for the collection, use, and retention of personal information. While Save A Lot does not assign a monetary value to the data we collect through the Program, based on our reasonable estimate, the value we receive from your personal information by participating in the Program is reasonably equal to the value of the discount or financial incentive we provide to participants in the Program. We calculate this by comparing the cost of administering our programs, including costs associated with: (i) providing to you the discounted product(s) or services we provide to you for participating in the programs (ii) enhancing Program participant data by our skilled team or service providers; (iii) leveraging our significant investments in understanding Program participants as our existing and future customers; (iv) our intellectual property; (v) for each program, and in the aggregate, whether the sales generated by participation in the Programs exceed the cost of us offering them; and (vi) all other costs reasonably associated with the Programs. Participation in our Program is entirely optional and voluntary, and participants can withdraw from the Program at any time. To opt-in or opt-out from the Program, you may do so by contacting us as set forth in Section 8 above.

11. Arbitration. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS, REQUIRES YOU TO ARBITRATE DISPUTES, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any controversy, claim or dispute of whatever nature arising between the parties (“Dispute”) shall be resolved by mediation or, failing mediation by binding arbitration. This agreement to mediate or arbitrate shall continue in full force and effect despite the expiration, rescission, or termination of these Save A Lot Rewards T&C. Either party may begin the mediation process by giving a written notice to the other party setting forth the nature of the Dispute. The parties shall attempt in good faith to resolve the Dispute by mediation within 60 days of receipt of that notice. If the Dispute has not been resolved by mediation as provided above within sixty (60) days after receipt of the Dispute notice, or if a party fails to participate in mediation, then the Dispute shall be determined by binding arbitration in St. Louis, Missouri. The arbitration shall be conducted in accordance with such rules as may be agreed upon by the parties, or failing agreement within thirty (30) days after arbitration is demanded, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect on the date of these Save A Lot Rewards T&C, subject to any modifications contained in these Save A Lot Rewards T&C. The Dispute shall be determined by one arbitrator, except that if the dispute involves an amount in excess of $1,000,000 (exclusive of interest and costs), three arbitrators shall be appointed. Persons eligible to serve as arbitrators shall be members of the AAA Large, Complex Case Panel or a CPR Panel of distinguished Neutrals, or who have professional credentials similar to those persons listed on such AAA or CPR panels. The arbitrator(s) shall base the award on the applicable law and judicial precedent which would apply if the dispute were decided by a United States District Judge, and the arbitrator shall have no authority to render an award, which is inconsistent therewith. The award shall be in writing and include the findings of fact and conclusions of law upon which it is based. Unless the parties agree otherwise, discovery will be limited to an exchange of directly relevant documents. Depositions will not be taken except as needed in lieu of a live appearance or upon mutual agreement of the parties. The arbitrator(s) shall resolve any discovery disputes. The arbitrator(s) and counsel of record will have the power of subpoena process as provided by law. THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO HAVE ANY DISPUTE TRIED AND ADJUDICATED BY A JUDGE OR A JURY. The arbitration shall be governed by the substantive laws of the State of Missouri, without regard to conflicts-of-law rules, and by the arbitration law of the Federal Arbitration Act (Title 9, U.S. Code). Judgment upon the award rendered may be entered in any court having jurisdiction. Except as otherwise required by law, the parties and the arbitrator agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute. If either party fails to proceed with arbitration as provided in these Save A Lot Rewards T&C, or unsuccessfully seeks to stay the arbitration, or fails to comply with the arbitration award, or is unsuccessful in vacating or modifying the award pursuant to a petition or application for judicial review, the other party shall be entitled to be awarded costs, including reasonable attorney’s fees, paid or incurred in successfully compelling such arbitration or defending against the attempt to stay, vacate or modify such arbitration award and/or successfully defending or enforcing the award. THESE SAVE A LOT REWARDS T&C DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA RULES OR PROCEDURES WOULD. IN OTHER WORDS, YOU AND COMPANY EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE FASHION. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION CONDUCTED PURSUANT TO THESE SAVE A LOT REWARDS T&C. If any portion of these Save A Lot Rewards T&C is deemed to be invalid or unenforceable for any reason, it shall not invalidate the remaining portions of these Save A Lot Rewards T&C. The holding of any provision of these Save A Lot Rewards T&C to be invalid or unenforceable by a court of competent jurisdiction shall not affect any other provision of these Save A Lot Rewards T&C, which shall remain in full force and effect. If any provision of these Save A Lot Rewards T&C shall be declared by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced in whole or in part, such provision shall be interpreted so as to remain enforceable to the maximum extent permissible consistent with applicable law and the remaining conditions and provisions or portions thereof shall nevertheless remain in full force and effect and enforceable to the extent they are valid, legal and enforceable, and no provisions shall be deemed dependent upon any other covenant or provision unless so expressed herein.