Cash Back Offer Rewards Program Terms and Conditions of Use
Cash Back Rewards Program
The Kroger Co. and its affiliates (collectively, “Kroger”) hereby provides all terms and conditions governing Kroger’s Cash Back Rewards Program. These terms and conditions will establish an agreement that is binding on Kroger and on all participants or members in our Cash Back Rewards Program (the “Agreement”). As part of the Program, Kroger will allow participants or members to obtain and accumulate Cash Back Rewards by buying certain products with an associated Cash Back Rewards value (a “Kroger Offer” or “Cash Back Offer”). In these terms and conditions, we use “members” and “participants” interchangeably; Kroger and its affiliates may be collectively referred to as “we” or “us”; members or participants in this Program may be referred to as “you.”
Cash Back Rewards
When you redeem an eligible Cash Back offer for a product, you will accumulate the Cash Back Rewards value described in the Kroger Offer. On our website, we refer to this as accumulating “Cash Back Rewards” [or “Available to Cash Out”]. It may take up to a week for the reward value to be reflected in the amount “Aavailable to Ccash Oout.” We reserve the right, in our sole discretion, to designate, develop or select eligible Cash Back offers for particular products and for particular periods of time. Any questions relating to whether a particular Cash Back Offer remains in effect or is eligible for recognition in the Cash Back Rewards Program will be resolved by Kroger in its sole discretion.
You may request (a “Distribution Request”), as described in the section entitled “Payment,” below, that your Cash Back Rewards balance be redeemed for an equal amount of money (a “Cash Out Payment”). You are allowed one Cash Out Payment per day, with a maximum Cash Out Payment of $99.99 per day. There is no annual or lifetime maximum on the amount of Cash Out Payments. Any request for a Cash Out Payment is final and cannot be revoked. You may elect to receive your Cash Out Payment via (i) your Kroger Plus card or (ii) PayPal in accordance with the payment terms described below, or you can allow your Cash Back Rewards balance to continue accumulating. To receive your Cash Out Payment via PayPal, your Cash Back Rewards balance must be equal to or greater than a minimum of $20. We reserve the right to change such minimum distribution amount at any time.
If you do not make a Distribution Request, we are under no obligation to send you a Cash Out Payment as part of the Program. You are responsible for redeeming your Cash Back Rewards. There is no automatic redemption or periodic distribution of Cash Out Payments. Cash Back Rewards balances have no cash, monetary or other value prior to being accumulated and redeemed pursuant to a valid Distribution Request made in accordance with these Terms. No interest is paid on Cash Back Rewards balances. Subject to applicable laws, Cash Back Rewards balances are not your property, and you have no property rights or other legal interest in the Cash Back Rewards. All Cash Back Rewards remain the sole property of Kroger until distributed under the terms of this Agreement. Your Cash Back Rewards balance or any part of it is not transferable, cannot be brokered, bartered, or sold, and cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with Cash Back Rewards of any other member or participant in the Program.
Cash Back Rewards that have expired (see below) are no longer redeemable.
When The Purchase Of A Product Meets The Requirements For More Than One Cash Back Offer
If a product that you purchase meets the requirements for more than one cash offer that you have clipped to your card, a series of rules apply.
If the offers are not of equal value, the best offer will be redeemed, and the unredeemed offer will stay on your card. If the offers are of equal value:
The offer with the most limited set of Uniform Product Codes (“UPCs”) will be redeemed first.
If the offer set is comparable, the first offer clipped will be redeemed.
When you make a Distribution Request, you must elect on our website to receive your Cash Out Payment via (i) your Kroger Plus card or (ii) PayPal. From time to time we may change payment methods in our sole discretion. If you elect to receive your Cash Out Payment via your Kroger Plus card, the Cash Out Payment will be available as a discount on the next purchase at Kroger made with your loyalty card number and must be used within one year from the date the Cash Out payment is added to your Kroger Plus card. The Cash Out Payment cannot be used for purchases of alcohol, tobacco, lottery, fuel, gift cards, pharmacy purchases, money services, and fees. If you elect to receive your Cash Out Payment via PayPal, we will pass the amount of your Cash Out Payment to PayPal via the email address and other account details you provide. Once a Distribution Request is approved and payment is authorized by us, your Cash Back Rewards balance will be reduced by the amount of authorized payment. If you return any products for which you accumulated Cash Back Rewards, we reserve the right to deduct from your Cash Back Rewards the value of the Offer related to such returned products.
We have no responsibility and assume no liability for any loss or delay of any Cash Out Payment once we either transfer the Cash Out Payment to your Kroger Plus Card or transmit the Cash Out Payment to PayPal. We assume no liability in relation to your PayPal account, and you are solely responsible for your account with PayPal, including, but not limited to, data entry errors by you in providing your PayPal information. If PayPal is unable to distribute the Cash Out payment to you and if we receive from PayPal any funds that are part of a Cash Out Payment that was not distributed by PayPal, we will credit such amounts to your Cash Back Rewards account. Should PayPal overpay your Cash Out Payment, you authorize us to instruct PayPal to deduct from your PayPal account the amount of such overpayment.
Our Cash Back Rewards Program has no fixed termination date. However, we reserve the right to terminate this Program or modify the Program after giving you 30 days’ noticeat any time. Any such notice will be sent either by email to our members’ email addresses or by text message to their cell phone telephone number. For any such notices, we will use the email address or mobile telephone number that you provide in your Registration Data. If we do notify our members that we have decided to terminate the Cash Back Rewards Program, you will have 30 days to redeem your Cash Back Rewards balance. If you do not make a Distribution Request within such 30 day period, your entire Cash Back Rewards balance will expire. Additionally, if you ever cancel your account, it will be your responsibility to make a Distribution Request before canceling. If you do not make a Distribution Request before canceling your account, any Cash Back Rewards balance in your account may, subject to applicable laws, expire upon such cancellation.
Agreement To Terms And Conditions
Participation in the Cash Back Rewards Program constitutes participant’s full and unconditional agreement to and acceptance of these Terms and Conditions and the decisions of Kroger in administering this Program, which are final and binding.
If we determine in our sole discretion that you have violated our Terms and Conditions, we may in our sole discretion and as permitted by law, terminate your account and eliminate any pending, current, or future Cash Back Rewards balance you may have. We will notify you of such termination at the email address you provide in your Registration Data, and such termination will be effective immediately.
Kroger shall not be responsible for software defects or computer malfunctions or telecommunications failures that affect the operation of the Cash Back Rewards Program. Likewise, we shall not be responsible for incorrect or inaccurate entry information, whether caused by participants or by any of the software or equipment used in administering the Cash Back Rewards Program. Kroger assumes no responsibility or liability for any error, omission, interruption, deletion, loss, theft or destruction, of account balance information or other membership information.
We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions in administering the Cash Back Rewards Program or related websites, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in these sites, including but not limited to any errors in or omissions therefrom, (c) the unavailability of these sites or any portion thereof, (d) your use of these sites, or (e) your use of any equipment or software in connection with these sites.
Governing Laws In Case Of Dispute; Jurisdiction
ALL ISSUES AND QUESTIONS CONCERNING THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF MEMBERS OR PARTICIPANTS AND KROGER IN CONNECTION WITH THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF OHIO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
LIMITATION OF LIABILITY
A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS CASH BACK REWARDS PROGRAM, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means The Kroger Co., its affiliates, and any officer, director, employee, subcontractor, agent successor, or assign of any of them.
Individual Claims And Direct Damages Only
AS A CONDITION OF PARTICIPATING IN THIS CASH BACK REWARDS PROGRAM, THE PARTICIPANTS AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BY THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS PROGRAM, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A FEDERAL OR STATE COURT LOCATED IN OHIO HAVING JURISDICTION. Further, in any such dispute, participants will not be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including attorneys’ fees, and participant further waives all rights to have damages multiplied or increased.
The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision in the Terms and Conditions is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
You agree that you are solely responsible for all applicable federal, state, or provincial withholding, taxes, and government fees or costs associated with Cash Out Payments and any exchanges and distributions. We may ask you for a valid tax identification number for reporting purposes. Tax forms, such as an IRS Form 1099, may be issued in your name for the actual value of Cash Out Payments that we send you.
To Receive Payment, You Must Maintain A Current Address In Your Registration Data
If we do not have a mailing address for you, we have the right to notify you by email to require you to provide a mailing address within 30 days of the email notice and if you do not provide a mailing address by that time, your Cash Back Rewards balance will expire.
INACTIVE ACCOUNT MANAGEMENT CHARGE
IF AT ANY TIME YOUR ACCOUNT BECOMES INACTIVE, WE MAY APPLY AN INACTIVE ACCOUNT MANAGEMENT CHARGE OF $2 WORTH OF CASH BACK REWARDS PER MONTH, UP TO A MAXIMUM OF THE TOTAL AMOUNT OF YOUR CASH BACK REWARDS BALANCE DURING THAT PERIOD IN WHICH YOUR ACCOUNT IS INACTIVE. Your account will be considered “inactive” if there are no Cash Back offers redeemed or Cash Out transactions during any twelve (12) month period. We may apply that charge on the first day of the month following the date your account becomes inactive. (For example, if your account becomes inactive on April 15th, we may apply the charge on May 1st.) If you redeem a Cash Back offer after your account becomes inactive, we will stop applying that charge until any later time when your account becomes inactive. We will give you at least three months’ notice prior to your account becoming inactive by sending an email to the email address in your Registration Data.
Cash Back Rewards Balances
If, over a lengthy period of time, you fail to redeem your Cash Back Rewards balance and if we are unable to contact you, your account balance may be transferred, reported, or conveyed to a state agency if required under applicable state laws relating to unclaimed property or escheatment of property. To avoid any such risks under applicable state laws, you should redeem your Cash Back Rewards balance on a regular, continuing basis. We take no responsibility for any loss of Cash Back Rewards balances due to the abandonment of such balances by individual members or participants.