Club Rojo Terms & Conditions

This is a legally binding agreement. Please read these terms and conditions carefully. By clicking “I Agree” (or a similar button) to accept or agree to these terms or by submitting an order for Rewards, you represent that you have the full legal authority to enter this agreement on behalf of the party identified, and in that capacity you acknowledge such party’s agreement to be bound by the terms and conditions set forth or referenced below.

These Rewards Club Terms and Conditions are a legal agreement between Red’s All Natural, LLC, a New Hampshire Limited Liability Company (“Company” also referred to herein as “we,” “us,” and “our”), and the party (“you” or “your”) identified in the registration/submission process (such process and the information provided during such process, as amended from time to time through your login to your account in accordance with this agreement, the “Registration”).

1. Club Rojo Rewards Club Membership and Eligibility
   1. Your membership in the Club Rojo Rewards Program (the “Program”) is subject to these Terms and Conditions. The Program is sponsored by us. Through the Program, you can collect “Points” by (1) collecting points stamps from the back of our products’ packaging and submitting those stamps to us via approved means; or (2) engaging in special promotions in which we award Points.
   2. To participate in the Program, you must sign-up by creating an account. You represent that the information indicated in the Registration is true and complete, and you agree to update the Registration upon any changes to such information. The Registration is incorporated herein and made a part of this Agreement.
   3. You may only participate in the Program for your personal use. You must be a resident of the United States and at least 18 years of age to use the Program.
   4. You shall maintain and cause to be maintained the confidentiality of your user ID and password. You may not provide your account information to anyone else or allow anyone else to login to the Program using your account information. You may not permit any other individual or company to use, access, or view the Program. You must keep your password strictly confidential.
   5. The Program is void where prohibited.
   6. Employees of Red’s All Natural, LLC and its suppliers, subsidiaries, advertising and promotion agencies, and any other agencies or companies involved in the development or execution of the Program (collectively, “Employees”) and the immediate family members (i.e., spouse, parents, siblings, and children) and household members of each Employee (collectively, “Family”) may have an account and participate in the Program only under the following conditions: (1) Employees must participate in the Program using their company email address; (2) Employees may not redeem points for gift cards or other cash equivalents (as defined by the Internal Revenue Service); and (3) Employees and Family are not eligible to accept prizes for any Sweepstakes, Instant Win Game, Contest, or any other game of chance offered under the Program.
   7. You acknowledge and agree that you have read and understood Company’s Privacy Policy, and you consent to and authorize the processing, use, and disclosure of personal information as set forth therein.
   8. Company reserves the right to suspend or discontinue your eligibility for the Program if you use, or are suspected of using, the Program in a manner inconsistent with these Terms and Conditions or any federal or state laws.
2. Points
   1. To earn Points under the Program, you must mail the points stamps and completed points submission form to us at the designated address. Each points stamp collected from the back of our products’ packaging will earn the number of Points designated on the stamp.
   2. We may also communicate additional bonus offers, including, but not limited to, awarding Points for participating in designated activities. We may regulate, modify, and/or eliminate any promotions in our sole discretion at any time, with or without notice to you. In some cases, you may not be able to combine promotions with any other promotions. Some promotions have expiration dates. The expiration date will be displayed in the promotion. Please review individual promotion and sweepstakes rules for details of eligibility and income tax implications.
   3. If you believe that your points were not credited properly, please contact us at Red’s All Natural, 1550 West McEwen Drive, Suite #125, Franklin, TN 37067 or customerservice@redsallnatural.com.
   4. If we determine that Points were improperly credited, we may, in our sole discretion, remove such Points.
   5. Points may only be redeemed by you and are not transferable to another account. Points from separate orders cannot be combined. Points cannot be duplicated, cannot be exchanged or redeemed for cash, and cannot be made available to the general public. Points have no cash value and may never be redeemed or exchange for real money. Points are not your property and do not entitle you to any vested right or interest. Points are not assignable. Points are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale, barter, transfer, or assignment of any Points, other than by Company, is strictly prohibited.
   6. Notwithstanding anything to the contrary and subject to applicable law, we reserve the right to cancel, suspend, and/or modify any aspect of or the entirety of any promotion, for any reason at any time, with or without notice, including, without limitation, if any fraud or technical failure impairs the integrity or proper functioning of the promotion.  We many (i) suspend or terminate promotion, (ii) refuse to honor a promotion, and/or (iii) withhold or deduct credits or other value obtained, with or without notice, if we, in our sole judgment, determine that you have violated these terms, engaged in any fraud or abuse relating to the accrual or redemption of promotions or Points, or otherwise acted in a manner inconsistent with the Program’s intent. Such action may result in the forfeiture of all unredeemed Points and/or the opportunity to earn and/or redeem additional Points in the future as well as suspension or termination of your account.
3. Rewards
   1. You may redeem your Points for merchandise, digital incentives, and other items, as listed on our Site (each, a “Reward”). To redeem Points for a Reward, you may select a Reward from the list of Rewards available on our Site at that time and complete your order for the Reward on the Site. Rewards will change periodically and without notice. Orders for Rewards are fulfilled subject to product availability.
   2. Submission of an order is your offer to buy the Reward with the stated Points, under this agreement, in the quantities and for the Points listed in the order. Orders may only be submitted on our website, www.redsallnatural.com (the “Site”) or on a form provided by us. Company will not be obligated to provide the Rewards to you unless and until Company accepts the order. Acceptance of any order is subject to approval by Company in its sole discretion. Company will send you a confirmation email with the details of the Rewards ordered after Company’s acceptance. Acceptance of your order will not take place unless and until Company transmits the confirmation email.
   3. The Points charged for a Reward will be the amount in effect at the time the order is accepted and as set out in the order confirmation email.All orders are exclusive of all charges for shipping and handling and sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you. All Point requirements are subject to change without notice. Changes will only apply to orders placed after such changes.
   4. ALL ORDERS FOR REWARDS ARE FINAL. UPON CONFIRMATION, THE APPLICABLE NUMBER OF POINTS WILL BE DEDUCTED FROM YOUR ACCOUNT. POINTS WILL NOT BE REFUNDED OR PLACED BACK INTO YOUR ACCOUNT AFTER THE ORDER HAS BEEN PLACED. REWARDS MAY NOT BE RETURNED, AND NO REFUNDS WILL BE GIVEN.
   5. IN THE EVENT OF A TYPOGRAPHICAL ERROR RELATING TO POINTS, CHARACTERISTICS, OR QUANTITY OF A REWARD, COMPANY RESERVES THE RIGHT TO REFUSE TO FILL ALL OR ANY PART OF ORDER(S) THAT RELY ON SUCH TYPOGRAPHICAL ERROR. ALL REWARDS AND POINTS LISTED ON THE SITE ARE SUBJECT TO CHANGE, AVAILABILITY, PRIOR SALE, AND QUANTITY LIMITATIONS, EVEN IF YOU HAVE ALREADY PLACED AN ORDER.
4. Shipping
   1. Company shall deliver the ordered Rewards to the address specified by you in the order (the “Delivery Point”) using Company’s standard methods for packaging and shipping such Rewards. If for any reason you fail to accept delivery of any of the Rewards at the Delivery Point, or if Company is unable to deliver the Rewards at the Delivery Point because you have not provided appropriate instructions, documents, licenses, or authorizations: (i) the Rewards shall be deemed to have been delivered; and (ii) Company, at its option, may store the Rewards until you pick them up, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
   2. All shipments are FOB origin point of shipment from Company’s facility and/or the vendor’s manufacturing facilities. The carrier on FOB shipping point shipments becomes the agent for you, and you must file all damage claims with the carrier. Company will deliver the Rewards as close as possible to your requested delivery date(s). You acknowledge that shipment and delivery dates are estimates only and that Company will not be liable for failure to meet such dates.
5. Disclaimers 
   1. THE PROGRAM AND ALL POINTS AND REWARDS ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM, POINTS, AND REWARDS, AND COMPANY DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PROGRAM, POINTS, REWARDS, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT COMPANY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU.
6. Limitation of Liability; Exclusion of Certain Damages
   1. COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY OTHER PERSON ARISING FROM OR RELATING TO THIS AGREEMENT, THE PROGRAM, POINTS, OR REWARDS, OR FROM THE USE OF THE REWARDS, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, SHALL NOT EXCEED $100.
   2. NEITHER COMPANY NOR ITS VENDORS SHALL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR PENAL DAMAGES; (2) ANY BACKCHARGES, LABOR COSTS, OR COSTS OF REMOVAL, REPLACEMENT, TESTING, OR INSTALLATION; (3) LOSS OF EFFICIENCY, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE REWARDS OR ANY ASSOCIATED ITEMS OR SERVICES; (4) DAMAGE TO ASSOCIATED REWARDS; (5) LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF REWARDS; (6) COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME; (7) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (8) LOSS OF GOODWILL OR REPUTATION; (9) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (10) CLAIMS FROM THIRD PARTIES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
7. Term; Termination. This agreement is effective upon your acceptance of it, and it shall continue in effect until terminated in accordance with this section. You may terminate this agreement at any time by closing your account and providing us with a notice of termination. We may terminate this agreement at any time by closing your account. Failure to abide by the Terms and Conditions or any policies or procedures implemented by Company or any misrepresentation or fraudulent activities in connection with the Program may result in, in addition to any rights or remedies available to Company, the termination of your participation in the Program. Upon termination for breach of this agreement, you will forfeit all Points accrued and any other benefits earned in connection therewith. In the event the Program is terminated, Company will notify you of such termination and will provide information on the last day to earn Points and to redeem Points, if applicable. After that time, any Points remaining in your account will be forfeited.
8. Other Provisions
   1. Release. By participating in the Program, you agree to release and hold harmless Company, its subsidiaries, affiliates, representatives and agents (including any third parties who assist in the administration and fulfillment of the Program) and the respective directors, officers and employees of each from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any reward, participation in the Program or any Program-related activities.
   2. Notice.  Except as otherwise expressly provided herein, notices shall be given under this agreement in writing in the English language, signed by the party giving the same, and shall be given (i) personally (in which case such notices shall be deemed given when so delivered), (ii) by certified or registered U.S. Mail, properly addressed and postage pre-paid, from within the United States (in which case such notices shall be deemed given on the third business day after deposit), (iii) by generally recognized overnight courier, properly addressed and pre-paid, with next business day instruction (in which case such notices shall be deemed given on the next business day after deposit), or (iv) if to you, at Company’s  election, by e-mail (in which case such notice shall be deemed given upon transmission unless Company receives a non-delivery email message within a reasonable time thereafter). Such notices shall be sent to Red’s All Natural, 1550 West McEwen Drive, Suite #125, Franklin, TN 37067 and to you at the address for notices or email address designated in the Registration.  Either party may change its address for purposes of notice by written notice thereof to the other party.
   3. Governing Law; Venue.  This agreement shall be construed and enforced in accordance with the laws of the state of Tennessee (other than its conflicts of law provisions) and venue shall be exclusively in the federal or state courts having jurisdiction over Williamson County, Tennessee.
   4. Assignment. You may transfer or assign some or all of its rights and/or delegate some or all of its obligations under this agreement only with the express prior written consent of Company, which may be granted or withheld in Company’s sole discretion. Any purported transfer or assignment by you of any right under this agreement otherwise than in accordance with the provisions of this paragraph shall be null and void and a breach of this agreement.  This agreement shall be fully assignable by Company in its sole discretion.
   5. Entire Agreement.  This agreement, together with any documents expressly referred to herein, including Company’s Privacy Policy, constitutes the entire agreement between the parties concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. Each party represents and warrants that, in entering into and performing its obligations under this agreement, it does not and will not rely on any promise, inducement, or representation allegedly made by or on behalf of the other party with respect to the subject matter hereof, nor on any course of dealing or custom and usage in the trade, except as such promise, inducement, or representation may be expressly set forth herein. The parties acknowledge and agree that use of the Site is subject to the Terms of Use.
   6. Amendment and Waiver. Company reserves the right, at any time and from time to time, to update, revise, supplement, and to otherwise modify the Program and this agreement, and to impose new or additional rules, policies, terms, or conditions, with or without prior notice and for any reason. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this agreement as “Revised Terms”) will be effective immediately and incorporated into this agreement upon Company’s publishing them on the Site, which may be given by any means Company designates, including by posting to the Site. All Revised Terms are incorporated into, and made a part of, this agreement by this reference. Revised Terms may affect your ability to accumulate and redeem Points. Company’s failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
   7. Severability. If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (i) the validity and enforceability of all provisions of this agreement not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (iii) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (iv) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
   8. Headings.  The headings of the sections used in this agreement are included for convenience only and are not to be used in construing or interpreting this agreement.
   9. Questions. If you require clarification or further information regarding the Program or these Terms and Conditions, please contact us at to Red’s All Natural, 1550 West McEwen Drive, Suite #125, Franklin, TN 37067 or customerservice@redsallnatural.com.