PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE LORISSA’S KITCHEN LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED BELOW AND ALL TERMS INCORPORATED BY REFERENCE, INCLUDING LORISSA’S KITCHEN PRIVACY POLICY, TERMS OF SALE, AND TERMS OF USE.
The Lorissa’s Kitchen loyalty program (“Program”) is offered by Link Snacks, Inc. d/b/a Lorissa’s Kitchen (“Lorissa’s Kitchen” or “Company”) to individual consumers making purchases on https://www.lorissaskitchen.com/ (“Site”). Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time at Company’s sole discretion.
These terms and conditions (“Terms”) form the agreement (“Agreement”) between you (“Member”) and Company with respect to the Program. The Program is void where prohibited by law.
MEMBER’S ACCEPTANCE OF TERMS
By participating in the Program, Member agrees to the Terms, rules, regulations, policies, and procedures of the Program, including, without limitation, these Terms, including the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program and these Terms. Company reserves the right to disqualify Members who violate any of the Terms. If Member does not agree to these Terms, Member should immediately cease using Company’s Site.
COMPANY’S RIGHT TO CHANGE/CANCEL PROGRAM
Company may alter, limit, modify, or terminate the Program, the Program structure, any other feature of the Program, or these Terms in its sole and absolute discretion at any time and in any manner without notice. Member’s continued participation in the Program will confirm acceptance of such changes.
MEMBERSHIP ELIGIBILITY
The Program is open to U.S. residents 18 years of age and older. Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises, or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion. All current employees of Company are ineligible to participate in the Program. Participation in the Program is free.
MEMBERSHIP ENROLLMENT
Individuals may enroll by creating an account at the Site. To enroll, an individual must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to any individual who does not follow the enrollment procedures. Member should promptly advise Company of any changes to any personal account contact information, such as name, address, telephone number(s), and/or email address, by visiting the Site and updating the Member account.
Members may opt out of receiving any Program emails at any time through the Unsubscribe button in any Program email.
PROGRAM COMMUNICATIONS
By enrolling, Member agrees to receive communications from Company via mail, email, SMS, and other channels including about special Member promotions offers. Company may also use these channels to communicate Member’s tier status, notify Member of eligibility for a benefit, share Program changes, and more. Standard data and message rates may apply. Member’s continued participation in the Program confirms consent to receive to such communication.
Member may opt-out of receiving Company marketing emails at any time by following the instructions provided in the communication or as otherwise provided in the Company’s Privacy Policy, but operational emails will still be sent as they relate to Member’s participation in the Program. Examples of these communications include, but are not limited to, a redemption confirmation email, a new points acquisition email, a profile update email, or other communications that relate to Member’s account. If Member terminates the Program membership, Member will no longer receive Program-related communications.
DATA PRIVACY
Company’s Privacy Policy covers the Program and is available at https://www.lorissaskitchen.com/privacy-policy.
PURCHASES
All purchases are governed by Company’s Terms of Sale: https://www.lorissaskitchen.com/terms-of-sale. Members receive reward points, as described below, for money spent on eligible purchases at the Site. The number of points earned is based on membership tier: Silver Tier Members earn 1 point for every $1.00 USD spent. Gold Tier Members earn 1.5 points for every $1.00 USD spent. Platinum Tier Members earn 2 points for every $1.00 USD spent. Eligible purchases include regular priced merchandise and exclude gift certificates, sales tax, state fees, discounts, shipping and delivery charges, and/or other excluded charges specified by Company from time-to-time. Points are calculated based on the subtotal of Member’s purchase after any discounts have been applied, and before any applicable taxes, shipping, or handling charges, which do not earn points. All points earned from purchases on the Site are pending until the order ships, at which point they are fully matured and capable of redemption. Members will not receive points or benefits from purchases made at retailers, including other online retailers. Purchases made outside of the United States are also not eligible for rewards. Members will not earn rewards on purchases made prior to creating a Program account. Members must be logged in to their Program account to be eligible to earn rewards.
If Member has a question about a purchase not properly applied to Member’s account, Member should contact Customer Service at 715.466.6651 or via email at LK.Support@LorissasKitchen.com must specify Member’s name and the email address associated with the Program, the date of the purchase or attempted purchase, and the issue(s) encountered. Member must contact Customer Service no more than thirty (30) days after the date the purchase or other Program activity that took place. Company is not responsible for late notifications about purchases or other Program activities not being credited to an account.
MEMBERSHIP TIERS
There are three Membership Tiers in the Program.
- Silver Tier: ($0-$150 USD spent in a calendar year)
- Silver Tier Members earn 1 point for every $1.00 USD spent.
- Receive news on promotions, new products, and more.
- Gold Tier: ($150.01-$299.99 USD spent in a calendar year)
- Gold Tier Members earn 1.5 points for every $1.00 USD spent.
- Receive news on promotions, new products, and more.
- Gain early access to sales on Site.
- Become eligible for merchandise giveaways.
- Platinum Tier: ($300 USD or more spent in a calendar year)
- Platinum Tier Members earn 2 points for every $1.00 USD spent.
- Receive news on promotions, new products, and more.
- Gain early access to sales on Site.
- Become eligible for merchandise giveaways.
- Receive exclusive offers.
When individuals create an account through Company’s Site, they will automatically be enrolled as Members in the Silver Tier. Program tier status is based on the total amount of eligible dollars the member spends in a rolling 12 months from when they sign up. As members pass each tier threshold, they will have access to that tier’s benefits for a rolling 12 months.
REDEEMING POINTS
Member may redeem points on future orders from the Site. To redeem points, Member must have accumulated at least 100 reward points. Points must be redeemed in increments of $5: 100 points = $5 OFF NEXT PURCHASE; 200 points = $10 OFF NEXT PURCHASE, ETC. Reward points may be redeemed only on the Site and are not redeemable for any other forms of benefits, products, or monetary compensation, unless otherwise noted by Company.
To redeem points, Members must be logged into their account when checking out on the Site. After logging in and going to the checkout screen, Members will have access to view the total available Rewards points in a slide bar. To use these rewards, Members may select the amount of points they would like to redeem on the order they are placing, then continue with the checkout process.
EXPIRATION
Points, rewards and Member’s membership tier will expire and reset to zero if Member fails to engage in one or more of the following account actions every 24 months: creating an account, making a purchase, receiving a Program reward, referring a new Member, or redeeming points or coupons. If Member fails to take any of these actions within 24 months, he or she will be considered a dormant user, and any points and rewards will return to zero. Member will be moved to the Silver Tier. If Member’s account is terminated by Member or by Company, or if Member opts out of the Program, Member will lose any unused rewards or points. Company reserves the right to end the Program at its discretion. If Company so decides, any points will expire with the Program.
REFERRALS
Both Members and their friends are eligible for referral rewards if the referred friend is a first time customer. When a Member follows the on-site instructions to refer another friend who successfully enrolls in the Program, Member and the friend (then a new Member) will each receive $5.00 USD off their next orders of $20.00 USD or more. The referral must be initiated through Company’s rewards referral box on the Member’s personal rewards page on the Site or through the use of Member’s unique referral link also found on the Member’s personal rewards page on the Site. Referred friends must be a first time customer in order for both Member and the referred friend to receive the referral rewards.
RETURNS
Returns are subject to the Terms of Sale on the Site. Do not return a product before receiving approval from Company. If Member returns an entire order under the Terms of Sale, Company will refund the total dollar amount spent after the rewards discount applied. The points used to redeem the discount will also be added back into Member’s rewards account. When products are returned for a refund to the original payment method, points will be deducted from Member’s account for the amount of the return, net of taxes, shipping and handling.
OFFERS WHILE SUPPLIES LAST
Offers and rewards are available while supplies last, and substitutions made by Company, in its sole discretion, may occur. If Member’s online order is not completed for any reason, any offers or rewards will be removed from Member’s shopping basket and may no longer be available. Member is not required to redeem accumulated rewards and/or benefits.
VALID EMAIL ADDRESS
A current, valid email address is required for a Member to be eligible for select benefits, offers, and updates. Member must notify Company of change of email address by updating Member account information online.
RIGHT TO REVOKE
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms, or otherwise earns benefits through deception, forgery, and/or fraud. This includes, but is not limited to: reselling products, exploiting the Program, making excessive returns, or inappropriate behavior that seeks to manipulate the Program.
NO TRANSFER
Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded including without limitation by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not exchangeable for cash.
TAXES
Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member’s participation in the Program.
GOVERNING LAW AND DISPUTES
This Program and these Terms will be governed by and construed under the laws of the State of Minnesota, as if they were a contract wholly entered into and wholly performed within Minnesota and without reference to conflict-of- laws considerations.
ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN MEMBER AND COMPANY SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN MINNESOTA, AND MEMBER AGREES TO SUBMIT TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND MEMBER WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE ANY CLAIM. MEMBER’S RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent Member has in any manner violated or threatened to violate Company’s intellectual property rights or the intellectual property rights of Company’s affiliates, partners, or licensors, or if Company or Company’s affiliates, partners, or licensors otherwise have a cause of action in equity, Company may seek injunctive or other appropriate relief in any court of competent jurisdiction and Member consents to jurisdiction and venue in any such court for such purposes. Arbitration under these Program Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Member agrees that any arbitration or proceeding shall be limited to the dispute between Member and Company individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
RELEASE OF LIABILITY AND LIMITATION ON DAMAGES
Member releases Company and its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents from and against any and all liability relating to the Program or these Terms. To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members’ participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages.
CONTACT US
For information about the Program and membership, contact Customer Service at 715.466.6651 or via email at LK.Support@LorissasKitchen.com. Member will be required to confirm their full name and email address in order to validate Member’s account. Company is not responsible for requests or correspondence lost or delayed in the mail or over the Internet.
