Appleseed’s® Rewards Club Terms & Conditions

Effective Date: March 15, 2022

The program is designed with you, our customer, in mind. It’s our way of serving and thanking you for being a loyal and valued customer. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT THE APPLESEED’S REWARDS CLUB.

THESE REWARD CLUB TERMS AND CONDITIONS (“PROGRAM TERMS AND CONDITIONS’) INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO ACCEPT THESE PROGRAM TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY AND THE TERMS OF USE, WHICH ARE INCORPORATED INTO, AND PART OF THIS CONTRACT. IN THE EVENT THERE IS ANY CONFLICT AMONG THESE PROGRAM TERMS AND CONDITIONS, THE PRIVACY POLICY AND THE TERMS OF USE, THESE PROGRAM TERMS AND CONDITIONS WILL GOVERN. THE PRIVACY POLICY DESCRIBES HOW WE COLLECT, USE, AND SHARE INFORMATION. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE PROGRAM TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. THOSE CHANGES WILL GO INTO EFFECT ON THE LAST UPDATED DATE SHOWN IN THE REVISED PROGRAM TERMS AND CONDITIONS. WE ENCOURAGE YOU TO REVIEW THE PROGRAM TERMS AND CONDITIONS WHENEVER YOU VISIT OUR WEBSITE.

The OBSA Operating Company, LLC Rewards Club (the "Program") consist of Blair, Appleseed’s and Draper’s & Damon’s brands and is offered exclusively by OBSA Operating Company, LLC (also referred to as "we," "our," or "us"). Members (also referred to as "you," "your") participating in the Program agree to be bound by Program Terms and Conditions, Privacy Policy and Terms of Use (both of which are incorporated by reference) as those terms may change from time to time.

All Program benefits, offers, rewards, and services are subject to availability. Except as otherwise expressly prohibited or limited by applicable laws, we may at any time amend, modify, supplement, or terminate the Program, the Program Terms and Conditions, the structure for earning rewards, or reward levels even though such changes may affect the value of rewards or the ability to obtain certain rewards. If notice of such action is required by law, it will be provided in accordance with such laws. If the Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other cases beyond our reasonable control. We reserve the right to cancel or suspend your participation in the Program, Points or Rewards in the event of fraud, abuse of Rewards privileges, violation of these Program Terms and Conditions or any applicable laws, or at our discretion.

You are responsible for any tax liability related to participation in the Program.

PRIVACY

Personal information that you provide in connection with the Program will be handled in accordance with our Privacy Policy. When you enroll in the Program and provide us your first and last name, and email address, you are opting in to receive promotional emails about Rewards Club and Appleseed’s. You may opt out of receiving the promotional emails or change your email preferences at any time by clicking on the unsubscribe link found at the bottom of our emails or by contacting us at 888-430-5711.

ELIGIBILITY & ENROLLMENT

Corporations, groups and associations are not eligible to participate in the Program.

Eligibility in the Program is available to any United States resident who is at least eighteen (18) years old and provides valid and accurate personal information when enrolling. There is no fee to enroll in the Program. In order to enroll, you are required to verify or update your contact information and provide your email address. By providing your email address, you are opting in to receive promotional emails about Rewards Club and Appleseed’s. We may decline membership in the Program to any enrollee at our discretion and without notice.

Additionally, your email address is your unique Rewards Club identifier. To view your Rewards Club status and information, you must create a My Account online with a password, if you don’t have one. We also use your email to notify you of Program benefits, so you must ensure it is accurate and current.

The Program benefits and rewards are nontransferable. Upon the death of a member the member’s account will be closed and any benefits, points or rewards in the account will be forfeited.

TIERS

See below for the qualifying purchase amount required to qualify for each level of rewards and benefits.

Tiers:
Upon reaching the Qualifying Purchase tier defined below, you will unlock the benefits and rewards based on the tier achieved. Qualifying Purchases (QP) made at Appleseed’s, Blair or Draper’s & Damon’s will be included in determining points for Appleseed’s. A Qualifying Purchase consists of the price of the item less exclusions. QP excludes amounts for taxes, shipping and handling, discounts, gift card purchases, and other services as offered. Each QP is rounded up to the next dollar.

• Bronze - no minimum QP
• Silver - minimum total QP of $100
• Gold - minimum total QP of $250
• Platinum - minimum total QP of $500

How Tier is Determined:
FIRST YEAR: Upon enrollment, your tier will be based on the accumulation of Qualifying Purchases (QP) starting from the date of enrollment until day 365 (one year). As accumulated Qualifying Purchases reach the tier minimum required, your tier level will be updated.

SUBSEQUENT YEARS: You will enter the upcoming year at the tier attained at the end of the current year. Your Qualifying Purchase total will revert back to zero at the start of every year. For example, if at the end of year one, your QP equals $101, you will enter your second year in the Rewards Club at the Silver level. You will remain at that tier through the end of the second year, or until your Qualifying Purchases in the second year qualify for next higher tier (Gold) which would be $250.

For the start of the third year and every year following, your tier will be determined by the total Qualifying Purchases made by the end of the previous year. Your level could be lower, stay the same or increase based on the QP value. Your points value will not be affected by the tier evaluation.

EARN REWARDS

Communications regarding the Program, your Program account, benefits, rewards and promotions will be sent via email. Please ensure we have the most recent and accurate email address so you can receive notices and updates. We are not responsible for communications, offers, or rewards sent to out-of-date or incorrect email addresses.

To receive points, you must provide your Rewards Club email for your online purchase or phone orders. The email must be valid and active in the Program.

Base Points: are earned for each net Qualifying Purchase. Tiers and points available in the Rewards Club are defined in the table below. Note:

• Points for qualifying purchases are awarded when your item(s) has shipped.
• Points for non-purchase activities, or Earn Points activities listed below. These points will be awarded within 1 business day from completion of action taken.
• Points are available for 180 days after they are earned and must be claimed within that timeframe. Any unused points after 180 days will be forfeited.
• Every 100 points equals a $5.00 reward.

	Bronze	Silver	Gold	Platinum
Qualifying Purchase Levels	$0-$99	$100-$249	$250-$499	$500+
Base Points Earned	1 point for every $1 spent	1 point for every $1 spent	1 point for every $1 spent	1 point for every $1 spent
Reward Discount	100 Points = $5 discount	100 Points = $5 discount	100 Points = $5 discount	100 Points = $5 discount
BENEFITS - POINTS
Birthday Gift	100	125	150	200
Next Tier Entry	-	50	50	50
Bonus Points Events	-	Yes	Yes	Yes
Special Gift	-	-	-	Yes
EARN POINTS
Enrollment Points	25	25	25	25
Purchase within 30 days of joining	50	50	50	50
Make 2 Purchases within 90 days	250	250	250	250
Purchase 4 times per year	200	200	200	200

Benefits

Birthday Gift: If your birth month/day are completed in your Rewards Club account, you will receive points on your birthday based on the tier you are in on that day.

Bonus points: From time to time, we will offer you the opportunity to earn additional points based on the identifying promotion/qualifying event. You receive an email when these promotions occur. They will be available for a limited time only.

Special gift: This is exclusive to the Platinum level. Each year you are at this level, you will receive a special gift offer that is just for you based on your shopping habits. It must be acted upon during the timeframe listed.

Ways to Earn

Enrollment points: At time of enrollment into the Rewards Club, you will receive 25 bonus points automatically – our THANKS for signing up! Limited to a one-time award per customer, at time of original enrollment.

Purchase within 30 days of joining: If you make a purchase within 30 days of joining the Rewards Club, you will be awarded 50 points in addition to the points earned for your purchase.

Two purchases within 90 days: If you make 2 purchases within a 90-day time period, you will be given 250 points in addition to the points earned on your purchases. This is once per year based on your start/anniversary date.

Purchase 4 times per year: Make 4 purchases within a year based on your start/anniversary date and earn 200 points. Can be earned annually.

Exclusions or adjustments:

• GIFT CARDS: Any purchase of gift cards is excluded from earning points. However, if a gift card is used as a payment method, the purchase will earn points.
• RETURNS: Points received for an item(s) that is returned will be deducted from your points balance upon processing the return. See examples below.
  Order item, then return later: Receive points for the value of the item purchased, then upon processing the return, your points balance will be reduced by the value of the item returned.
  Order several items, return one item: Receive points for the total value of the items purchased. Once the return item is processed, your points would be reduced by the value of that single item.
• EXCHANGES: Your points are initially reduced for the value of the item returned. New points will be earned for the value of the exchange item once it has shipped.
  If the exchange item is of a lower dollar value than the original returned item, you will receive fewer points in the exchange.
• DAMAGED/INCORRECT MERCHANDISE: Your points will be reduced for the value of the damaged/incorrect item when it is returned initially. New points will be award for the value of the replacement/correct item once that item has shipped.
• CANCELLED ORDERS: You only receive points when your item/order ships. If the item/order is cancelled, it will not ship. Therefore, no points were awarded, and your points balance will not change.

Expiration: Any points earned and not claimed as a Reward will expire after 180 days of being earned. You can view this under your My Account, Rewards Club – Activity.

Important Note: Points and rewards have no cash value and cannot be exchanged for cash, nor are they transferable.

CLAIM REWARDS

Rewards can be claimed via your Reward Clubs page – Rewards. Rewards that are available to claim will be visible and the box active to click. Once you claim your Reward, you will be provided with a code to use on a future purchase to apply the Reward discount

Your Rewards Club account must be active. Rewards cannot be used for the purchase of gift cards, shipping & handling, taxes and other services as offered.

Claim Reward: For every 100 points you earn, you can claim a $5 Reward to use on a future purchase. You can save your points to receive a larger Reward, however, points must be claimed as a Reward before they expire. Points expire 180 days from date awarded.

Each claimed Reward is a one-time use regardless of whether the full value is used. Only one claimed Reward can be used per order. The Reward will expire 90 days after it is claimed if it is not used.

How to Use: The Reward code must be used at the time an order is placed to receive the discount. Active status in the Program will be validated.

Online orders: The Reward code must be entered in the Rewards & Gift Cards field of the Payment Page of the cart check-out prior to completing the purchase transaction. An additional form of payment may be required to complete the purchase.

Phone orders: You must provide the valid Reward code at time of purchase. An additional form of payment may be required to complete the purchase.

Balance: Refer to your Rewards Club account to see your current Points value, tier, benefits, ways to earn and outstanding Rewards if any. You can also see your activity history.

Points have no cash value and cannot be exchanged for cash or credit. You have no ownership interest in Points, and Points collected do not constitute property. The use of the word "earn" or similar language in marketing materials and these Program Terms and Conditions do not imply that Points have any value prior to conversion or redemption. Points may not be purchased or sold and are not transferable.

CANCELLATION OF PROGRAM

You must maintain an active Rewards Club account to earn Points and claim Rewards.

Unenroll: If you cancel your Rewards Club account, you will no longer earn any Points and will forfeit any unused and unexpired Points and Rewards.

Also, by unenrolling in the Rewards Club you will no longer receive Reward Club emails.

Termination: If an account is inactive for 12 consecution months, in other words, has no purchase activity, any Points and outstanding Rewards will expire and be forfeited. We reserve the right to delete the account.

ERRORS OR INCONSISTENCIES

Despite our best efforts to ensure accuracy, errors may occasionally occur. We reserve the right to correct such errors at any time even if it affects pending benefits, Rewards or Points in your account. In the event of any inconsistency or discrepancy between the Program Terms and Conditions or other statements contained in any related materials or advertising, the terms of the then-current Program Terms and Conditions shall prevail, govern and control.

SEVERABILITY

If any provision of the Program Terms and Conditions or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of the Program Terms and Conditions and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality and enforceability.

NO WAIVER

OBSA Operating Company, LLC’s failure to insist upon or enforce strict compliance with any provision of these Program Terms and Conditions shall not be construed as a waiver of any provision or right and will not prevent us from enforcing such right or provision in the future. Nothing in these Program Rules will limit OBSA Operating Company, LLC from exercising any legal rights or remedies that it may have.

LIMITATIONS OF LIABILITY AND DAMAGES

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. OBSA OPERATING COMPANY, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. OBSA OPERATING COMPANY, LLC DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

RELEASE OF LIABILITY

YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. NEITHER OBSA OPERATING COMPANY, LLC NOR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OBSA OPERATING COMPANY, LLC , ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE PROGRAM TERMS AND CONDITIONS.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the lesser of (a) the amount paid by you for your participation in the Program during the prior twelve (12) months or (b) ten dollars ($10). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

We may assign our rights and obligations under these Program Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

These Program Rules are governed by the laws of the State of Minnesota, without regard to any conflict of law provisions.

DISPUTE RESOLUTION AND ARBITRATION

To the extent permitted under applicable Law, you and OBSA Operating Company LLC hereby irrevocably agree to the following provisions:

In the event of any controversy, claim, action or dispute arising out of or related to any transaction or the breach, enforcement, interpretation or validity of the Program (“Dispute"), you agree to contact our Service Center at 888-430-5711.

If we are unable to respond or settle the Dispute you might have related to the Program within 60 days, then you may begin an arbitration proceeding as provided below. You agree this dispute resolution procedure is a condition a precedent which must be satisfied prior to initiating any arbitration.

In the event that our customer service team is unable to resolve the Dispute, by participating in the Program, you unconditionally agree that, except as set forth below, all Disputes between you and us (including any claim, controversy, or dispute between you and a third-party agent of OBSA Operating Company, LLC) will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such Disputes relating to your participation in this Program and access or use of our Site and any products or services purchased through our Site. The sole exception to the foregoing requirement to arbitrate is that either party may bring suit in court to enjoin infringement or other misuse of the other party’s intellectual property rights.

The Federal Arbitration Act and federal arbitration law apply to these Program Terms and Conditions.

BY AGREEING TO THESE PROGRAM TERMS AND CONDITIONS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH OBSA OPERATING COMPANY, LLC IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Program Terms and Conditions as a court would.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: CT Corporation System Inc., 1010 Dale St N, Saint Paul, Minnesota 55117. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, specifically the “Consumer Arbitration Rules,” which may be found at www.adr.org, by referencing the “Rules & Forms” tab at the top of the page, by clicking on this link, or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees (not attorney fees) for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, OBSA Operating Company, LLC will not seek attorneys’ fees and costs, those available under applicable law, in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

CUSTOMER SERVICE

For questions or assistance, please send us an email at customerservice@Appleseeds.com. Thanks for being one of our most valued customers.