PLEASE READ CAREFULLY. By completing the Bravo Supermarkets Preferred Customer Program Membership Application you agree to the following Terms and Conditions governing the Bravo Supermarkets Preferred Customer Program.
A. Program Overview
1. The Bravo Supermarkets Preferred Customer Program (“Preferred Customer Program”) is sponsored by Alpha1Marketing Corp. (“Sponsor”). The Preferred Customer Program is open to legal U.S. residents currently residing in CT, FL, MA, MD, NJ, NY, PA and RI, who are at least eighteen (18) years of age or older (“Participants”). Participants in the Preferred Customer Program can collect points by purchasing eligible products (“Products”) available at participating Bravo locations in CT, FL, MA, MD, NJ, NY, PA and RI. Eligible Products will be communicated on http://www.ctownsupermarkets.com, in-store notices, shelf stickers, and/or through other methods as may be added from time to time. Eligible Products are subject to change throughout the Collection Period. Void where prohibited by law.
2. The Preferred Customer Program is open to individuals only. The following are NOT eligible to participate in the Preferred Customer Program: corporations, associations, including school organizations, and other business or group entities or collaborations. All questions or disputes regarding eligibility for the Preferred Customer Program, the availability of items, or a Participant’s compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.
3. To participate in the Preferred Customer Program, eligible Participants must visit the Customer Service desk at any participating Bravo Supermarket location and complete a Bravo Preferred Customer Program Membership Application. Approved Participants will be issued a Preferred Customer Program Card (the “Card”). Limit one (1) Preferred Customer Account per Card. In the event of a dispute as to the identity of any Participant, the registered holder of the Card used when enrolling in the Preferred Customer Program will be deemed to be the Participant. The Participant may be required to show proof of being the authorized Card holder, as well as any other proof of eligibility that Sponsor may request. Once enrolled in the Preferred Customer Program, the number of Points (defined below) collected by such Participant will be recorded and tracked in the Participant’s Preferred Customer Account. Sponsor is not responsible for changes in Participants’ e-mail address or home address, as provided by the Participant. It is the sole responsibility of each Participant to update his/her contact information as needed. Participants are responsible for maintaining the confidentiality of their Preferred Customer Account and password, for restricting access to their Preferred Customer Account, and agree to accept responsibility for all activities that occur under Participant’s Preferred Customer Account.
4. Participation in the Preferred Customer Program constitutes each Participant's full and unconditional agreement to these Terms and Conditions, and representation that Participant meets the eligibility requirements set forth herein. Those who do not comply with these Terms and Conditions may be prohibited from participating in the Program.
5. Sponsor reserves the right to shorten, extend, modify or cancel the Preferred Customer Program, including these Terms and Conditions, at any time in its sole discretion, even though such changes may affect a Participant's ability to accumulate or redeem Points. A Participant's continued participation in the Preferred Customer Program constitutes his/her acceptance of any changes or modifications to these Terms and Conditions.
B. Collecting Points with your Card
1. Points. For each $1 spent on Products purchased (tax NOT included) using your Card, Participant will earn ONE (1) point (“Point”), which will be automatically displayed on their receipt. Products must be purchased in-store. All monetary amounts spent on Products during the Collection Period will accumulate and be added toward each dollar spent on Products. For example, if Participant spends $1.75 on Products during one shopping visit, Participant will earn 1 Point.
2. Sponsor reserves the right to change or modify the methods by which Participants may collect Points during the Collection Period, as well as amend the Point calculation formula at any time with or without notice, in its sole discretion. Sponsor further reserves the right to award additional/bonus Points for purchase of particular Products; the right to establish additional means of accruing Points at any time during the Collection Period; and the right to exclude specific types of transactions from Points eligibility. Sponsor’s decisions regarding the awarding of Points are final and binding. Awarded Points that are subsequently determined to have been awarded incorrectly or for non-participating Products will be removed from the Participant’s Preferred Customer Account at the sole discretion of Sponsor.
3. All Points will expire at the end of the Redemption Period as per program and will not be carried over to future Preferred Customer programs or offers. Expired Points will be deleted/removed from Participant’s Reward Account and may not be redeemed for Preferred Customer after the Redemption Period has ended.
4. Each Participant is solely responsible for ensuring the accuracy of his/her Preferred Customer Account and Points accumulated during the Collection Period. Participants are encouraged to review their Preferred Customer Account regularly and to save their receipts from all Product purchases. If a Participant believes that Points were not properly accrued, Participant must notify the Sponsor during the Collection Period by contacting 1-914-697-5200. Participant may be asked to provide Product purchase verification. Sponsor reserves the right to make the final determination regarding the award of Points.
5. Points have no cash value and are only redeemable by the Preferred Customer. Points may not be transferred, assigned, sold or redeemed for cash, except as determined by Sponsor in its sole discretion. The sale, barter, transfer or assignment of any accumulated Points, other than by Sponsor, is strictly prohibited. Participants may not combine Points obtained by others for deposit into a single Preferred Customer Account, nor transfer, sell or otherwise dispose of Points in a manner in violation of these Terms and Conditions. Any attempted use of Points in any manner not authorized herein may result in the forfeiture of all Points, disqualification from the Preferred Customer Program, and termination of the Participant’s Preferred Customer Account. Sponsor reserves the right to take any other additional action it deems appropriate, in its sole discretion, in the event that Sponsor believes that a Participant has violated any of these Terms and Conditions.
C. Redeeming Points for Preferred Customer
1. During the Redemption Period, Participants may redeem accumulated Points on the next purchase as stated in the program. The Web site will list the corresponding Point totals required to redeem each Preferred Customer item. Sponsor reserves the right to modify the list of Preferred Customer items available for Point redemption, as well as their corresponding Point values, at any time, for any reason, during the Redemption Period.
2. Sponsor reserves the right to add, remove or modify offered Preferred Customer items at any time during the Redemption Period. Preferred Customer items may be available only in limited quantities or while supplies last, and will be distributed on a first-come, first-served basis.
3. Determination and payment of tax liability on Preferred Customer, including income tax, if any, are the sole responsibility of Participant.
4. Redemption Expiration: Participants must redeem all accumulated Points before the end of the applicable Redemption Period, unless otherwise extended or modified by Sponsor in its sole discretion. In the event a Participant does not redeem Points in his/her Preferred Customer Account by such time, Points will be forfeited in their entirety without compensation. Points have no cash value. No cash will be exchanged for the unused portion of any Participant’s Points.
D. General Terms and Conditions
1. Sponsor and its agents are NOT responsible for: (i) electronic transmissions or Points that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, undelivered, inaccurate or not received by Sponsor for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of Points; (iii) destruction of or unauthorized access to, or alteration of, Point collection; (iv) failed or unavailable hardware, network, software or telephone transmissions, or damage to Participant’s or any person’s computer and/or its contents, or any other causes that jeopardize the administration, security, fairness, integrity or proper conduct of this Preferred Customer Program; (v) incorrect or inaccurate submission or Preferred Customer claim information whether caused by Participant or by any of the equipment or programming associated with or utilized in the Preferred Customer Program, or for any other errors of any kind, whether technical, network, printing, typographical, human or otherwise, in any Preferred Customer Program-related materials; or (vi) misrepresentation, cheating or fraud by any Participant. If any of the foregoing malfunctions, errors, defects or acts render the Preferred Customer Program incapable of operating as planned, Sponsor, in its sole discretion, may suspend or cancel this Preferred Customer Program immediately. Any attempts by an individual to access the Web site via a bot script or other brute-force attack will result in that individual’s Preferred Customer Account becoming ineligible, and the Points accumulated by that Participant becoming void. If Sponsor, in its sole discretion, determines that an individual is tampering or attempting to tamper with the Preferred Customer Program or Web site, such individual will be ineligible to participate. Sponsor reserves the right to suspend or terminate this Preferred Customer Program without notice if, in Sponsor’s sole discretion, the Preferred Customer Program or any component thereof becomes infected or otherwise corrupted, or if the Preferred Customer Program otherwise cannot operate as planned. Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. Any attempt by any person to deliberately damage any Web site or undermine the legitimate operation of the Preferred Customer Program may be a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to disqualify and seek damages from any such person to the fullest extent permitted by law. SPONSOR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE PREFERRED CUSTOMER PROGRAM, ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE PREFERRED CUSTOMER PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS PREFERRED CUSTOMER PROGRAM), OR THE PERFORMANCE OR NON-PERFORMANCE OF THE PREFERRED CUSTOMER PROGRAM BY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
2. SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE PREFERRED CUSTOMER PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS PREFERRED CUSTOMER PROGRAM WILL BE ERROR-FREE. SPONSOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PREFERRED CUSTOMER PROGRAM. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY.
3. By participating in the Preferred Customer Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless the Sponsor and its respective parent companies, subsidiaries, affiliates, shareholders, agents, promotion and advertising agencies, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Preferred Customer Program, Product purchase, or Reward redeemed or for any harm or injury caused by any third party.
4. As a condition of participating in this Preferred Customer Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Preferred Customer Program or any Product purchased or Reward redeemed shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules (whether of the state of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York.
5. This Preferred Customer Program is subject to all applicable laws and regulations. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.