YOURBUCKS™ MOBILE OFFICIAL TERMS AND CONDITIONS
1. ELIGIBILITY:
To be eligible to participate in this YourBucks™ Mobile program (“Program”) you must be at least 18 years of age and you must have a valid weis Preferred Shopper Card (“Card”). By participating in this Program, you agree to these Official Terms and Conditions and the decisions of the YourBucks™ Retailer/Store, and/or Catalina Marketing (“Administrator”) which are final and binding in all respects. Void where prohibited. For purposes of this Program, the participating retailer shall always be referred to as “a store” or “the store” (“Store”). For the purposes of this Program the Store shall be weis® (“Store”).
2. PROGAM PERIOD:
The Program will begin on 4/18/10 at 12:00:01 a.m. in all participating 24-hour Store locations or upon store opening in non-24 hour locations. During the Program, Card holders who have registered to participate in the Program will receive YourBucks™ Award Notifications containing YourBucks™ Award offers including the expiration date of any particular offer. Each YourBucks™ Award offer will end on the expiration date and at the time stated in that offer’s YourBucks™ Award Notification.(“Program Award Period”). A day will begin at 12:00:01 a.m. and end at 11:59:59 p.m. Times are Eastern Standard Time (EST). The Program will be terminated on the date and at the time stated in a YourBucks™ Award Notification. The Program computer is the official time keeping device for the Program.
3. HOW TO PARTICIPATE:
A. Card Required: You must have a current and valid Card. If you do not have a Card visit your participating Store’s customer service counter and you can obtain one without cost or purchase. If you have not already registered for the Program, when you make a purchase using your Card, you may receive an invitation to participate in this Program printed from the checkout printer. Each new registrant will receive a $2.00 YourBucks™ reward print as a thank you for signing up for the Program.
B. Registration: You cannot participate in the Program without registering. There are 2 ways to register:
1. At The Website: Visit www.weis.yourbucks.com, (“Website”) and follow the registration instructions to register for email awards, mobile awards, or both. When your registration is received and recorded, an email will be sent to your email address, confirming your Card number. If the Card number returned is incorrect (due to typo, etc.), the email will include directions to fix the error. Your confirmation email will also include the date that your Card will be activated in the Store for the Program. It may take up to 48 hours to activate your Card from the time you receive your successful registration confirmation email. The YourBucks™ Awards will not print until your Card has been activated.
2. By Mobile Device - ALSO SEE 5, BELOW FOR ADDITIONAL MOBILE INFORMATION.: Text message the keyword SHOP (hit the spacebar) and type the first 11 digits of your Card number exactly as it appears on your Card to short-code 78235. Example: Text SHOP 42345678901 to 78235. Be sure to include a space between the keyword SHOP and your Card number. When your text message is received and recorded, a return text message will be sent to your mobile device, confirming your intention to participate in the Program. You must confirm by texting back “YES” in order to be registered. A second text message will be sent confirming your Program participation. It may take up to 48 hours for the initial opt-in reward print to be loaded to your Card from the time you receive your successful registration confirmation text. The YourBucks™ opt-in reward will not print at the store until it has been loaded to your Card.
3. Messages You Will Receive Once You Have Registered: Once you have registered, you will receive the following messages by the method (e-mail or text) you have selected: (a) a message informing you that you have successfully double opted-in and are registered, (b) messages informing you of specific offers available only to your registered Card, (c) messages advising you of any Program change, alteration or modification in accordance with D.1, below, and (d) such other messages as are deemed appropriate by the Store or Catalina Marketing regarding the Program. Messages will only be sent to the contact information you provided when you registered. Should your contact information change, it is your sole responsibility to correct the information by visiting http://weis.yourbucks.com/my-account.aspx and following the directions to update the information.
C. Redeeming Awards:
Award Availability Periods/Opting-In:
1. Registration: Once registered, you can participate in the specific YourBucks™ Awards that were communicated directly to you, based on your registered Card, so long as those Awards are still available (that is, such Awards have not passed the expiration date).
2. YourBucks™ Award Notifications: At various times during a Program Award Period you will receive a text or email notification of a YourBucks™ Award that is available to you. The notification will contain: (a) thequantity of units of the product (for example, cans, bottles or packages) required to be purchased to qualify for the YourBucks™ Award for that product, (b) the amount of value in YourBucks™ to be awarded for the purchase, (c) the time during which the YourBucks™ Award will be available (the expiration period), (d) the number of times you may redeem each offer, and (e ) such other information as may deemed appropriate or necessary by the Store. Up to, and not more than, 12 YourBucks™ Award notifications will be sent during a four-week Program Award Period.
3. How Long YourBucks™ Awards Are Valid In-Store: YourBucks™ Awards made in any Program Award Period willremain valid in-store until the end of that specific Program Award Period unless otherwise stated in the YourBucks™ Award notification, or, as changed, altered, or modified in accordance with paragraph D.1, below.
4. How to obtain each YourBucks Award. Each YourBucks™ Award requires you to purchase a product as specified in an Award notification (email or text message). The purchase must be made using your registered Card. At checkout for the product you purchased, a YourBucks™ Award will be printed from the checkout printer and be delivered to you by the cashier. This YourBucks™ Award will be the same YourBucks™ Award that was specified in the YourBucks™ Award notification to be available with the product you purchased. This YourBucks™ Award must be redeemed by you not later than the specified expiration date as noted in the expiration date section of the YourBucks™ Award. The YourBucks™ Award may only be redeemed during a subsequent sales transaction at the Store. After the specified expiration date, this YourBucks™ Award will expire. You must pay any applicable sales tax.
5. Trip Spend Awards: The purchase requirement on some YourBucks™ Award offers may be the amount you spend in a single trip, less certain items. The trip spend total is calculated as follows: The total purchases in one transaction minus all other discounts that have been taken. (Example: If you purchase $55 in groceries and use $10 in coupons, your total adjusted total would be $45 and you would not be eligible to receive the $5 off of $50 offer). In addition to the discounts mentioned above, the following items are also excluded from the trip spend total calculation to earn an award: purchases of Store gift cards, prescriptions, lottery tickets, and other items prohibited by law, and other Store exclusions may apply. If you are entitled to a trip spend YourBucks™ Award, it will be subject to the same conditions as are stated in C.4, above.
6. Use Of Your Card/YourBucks™ Checkout Printer Award: You are solely responsible for the security of your Card. You should take precautions to keep your Card and Card number secure and prevent unauthorized use. Neither Store nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of your Card or Card number. Further, retain the original YourBucks™ Award printed at the checkout printer. No copies, facsimiles or reproductions will be accepted. It must be presented to redeem the value of the YourBucks™ Award. Lost or stolen YourBucks™ Awards printed at the checkout printer will not be honored or replaced.
D. Additional Program Details:
1. YourBucks™ Award Limits: The YourBucks™ Award limits for any Award will be contained in the YourBucks™ Notification for that Award. Notwithstanding anything to the contrary, however, any YourBucks™ Award limits (for example, the quantity of units of the product required to be purchased to qualify for any YourBucks Award for that product, the number of times you may redeem a particular offer, the number of YourBucks™ to be awarded for the purchase, and/or the time during which the YourBucks™ Award will be available during the Program Award Period and the expiration date of the offer may be changed, altered or modified at any time by the Store. You will be notified of any such change, alteration, or modification by the same method by which you have registered for the Program, specifically, by text message or email. Any such change, alteration or modification will become effective (1) day after notice is sent, and there can be only one (1) such change, alteration or modification per product/YourBucks™ Award/number of times you may redeem a specific offer and the time during which the YourBucks™ Award will be available during the entire Program Award Period.
2. Card Issued: Program Award registrations and redemptions will be deemed made by the person to whom the Cardfor the YourBucks™ Award Program registration was issued, as shown by the records of the Store.
3. No Transfers/Changes/Cash or Credit: Participation in the Program, or in any element of the Program (for example, the ability to purchase products and receive and redeem YourBucks Awards) cannot be sold, bartered, traded, transferred, and/or redeemed for cash or credit. YourBucks™ Awards have no cash value.
4. Program Product Supplies: Supplies of the products required to be purchased in the YourBucks™ Award Program may not be available at all times in allparticipating Stores during the Program Award Period. In any such case, the Store reserves the right to substitute the unavailable product with a like product of equal or greater value as solely determined by the Store, or a “rain-check” for the unavailable product as solely determined by the Store.
5. Opting-Out Of Program: You may unsubscribe at any time by texting STOP to 78235, or if receiving offers by email, by clicking “UNSUBSCRIBE” or by visiting www.weis.yourbucks.com/my-account.aspx and following the directions to update the information. You will receive a confirmation text or email message that you have cancelled your YourBucks™ Program participation for future Program Award Periods.
6. Irregular YourBucks Awards: YourBucks™ Awards are null and void and will be rejected if not obtained through legitimate channels, specifically, in accordance with these Terms and Conditions. If any part of any YourBucks™Award is counterfeited, illegible, mutilated, or tampered with in any way, if it contains or reflects printing, typographical, mechanical or other errors or discrepancies, or if it comes from any other promotion, the YourBucks™ Award will be deemed void. The sole responsibility and liability for any irregular YourBucks™ Reward is replacement with another YourBucks™ Award, while supplies last. Replacement shall be the sole and exclusive remedy under such circumstances.
E. Mobile Device Participating: Your Wireless Plan’s Text Message and Data Rates may Apply.
You can stop at any time by texting the word STOP to 78235. Stopping via text message will completely opt you out of the YourBucks™ program, including future email offers if you had also registered for that. By participating via text message, you are agreeing to receive text messages regarding the Program. Participating wireless carriers in the (50) United States and D.C. include, but may change from time to time, are:
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AT&T
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Verizon
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T-Mobile
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U.S. Cellular
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Sprint
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Nextel
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Cincinnati Bell
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Virgin
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All West Wireless
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Appalachian Wireless (EKN)
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Bluegrass Cellular
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Cambridge Cellular (CTC)
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Centennial Wireless
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Cellular One of East Central Illinois (ECIT)
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Cricket
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Cox Communications
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FMTC (Farmers Mutual Telephone Cooperative)
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GCI Communications
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inland Cellular
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Illinois Valley Cellular (IVC)
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Keystone Wireless (Immix/PC Management)
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Nex-Tech Wireless
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NNTC Wireless (Nucla-Naturita Phone Company)
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Revol Wireless
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Silver Star PCS (Gold Star Communications)
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Snake River PCS (Eagle Telephone Systems)
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South Central Wireless
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Syringa Wireless
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UBET Wireless (UBTA-UBET)
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Unicel (RCC/Rural Cellular Corporation)
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United Wireless
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West Central Wireless (includes Five Star Wireless)
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You may incur text messaging charges, as applicable, with attempted connections or attempted participation, Program messages, and corresponding error messages or other messages, even if the messages do not go through for any reason whatsoever. Participants are solely responsible for all fees and taxes incurred through their wireless mobile service, for text messages, or otherwise, associated with participation in this Program.
F. Liability Limitations:
The Store, Catalina Marketing, their respective parents, subsidiaries and affiliated companies, advertising and Program agencies, and all of their respective officers, directors, employees, representatives and agents (individually and collectively “Releasees”) are not responsible for lost, late, misdirected, incomplete, postage due or non-delivered mail, text messages or e-mail; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, telephone (mobile or land line), store cash register, in-store computer or checkout printer, or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone (mobile or land line), or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or text messages, or computer hardware or software or program/programming, Website, telephone (mobile or land line), cash register, in-store computer or checkout printer malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture or transmission of registration, message or other information or the failure to capture, or loss of, any such or similar information. Persons who tamper with or abuse any aspect of this Program, as solely determined by the Store and/or Administrator, will be disqualified. Any use of robotic, automatic, macro, programmed, third party or like Program participation methods will void all such participation by such methods, and disqualify any participant using such methods. Releasees are not responsible for injury or damage to participants' or to any other person's computer or telephone (mobile or land line), related to or resulting from participating in this Program or downloading materials from or use of the Website or any Website. Should any portion of the Program be, in Store’s and/or Administrator’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or any other causes which, in the sole opinion of the Store and/or Administrator, corrupt or impair the administration, security, fairness or proper participation the right is reserved to suspend, modify or terminate the Program, or take such action as otherwise deemed fair and appropriate as solely determined by the Store and/or Administrator. Releasees are not responsible for any incorrect or inaccurate information, whether caused by Website users, or any Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Program, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized access to or use of this Website or any Website. Releasees are not responsible for typographical or other errors in the Awards or administration of this Program, including, but not limited to, errors in advertising, text messages, email messages, and/or the Terms and Conditions. In case of dispute, the authorized holder of the Card and Card number will be deemed the participant. The authorized holder of the Card and Card number will be that person to whom the Card and Card number were issued by the store as reflected in the store’s records. If the dispute cannot be resolved to the satisfaction of the Store and/or Catalina Marketing the persons in dispute will be disqualified.
4. PRIVACY INFORMATION:
Information submitted with Program registration and participation is subject to the Privacy Policy stated on the Store’s Website and on the Catalina Marketing Website; and such information may be provided to the Store for: (a) program analysis, (b) development of new programs, (c) contacting you about products or services that Store believes may be of interest to you, and (d) any other related purposes as determined by the Store.
5. DISPUTE RESOLUTION/CHOICE OF LAW:
Except where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or the appropriate Florida State Court located in Tampa, Florida; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Releasees in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
6. CUSTOMER HELP:
For help at any time, email help@yourbucks.com, or call the toll-free number 888-798-2106, or text “HELP” to 78235 from your mobile device.