SUPA DUPA REWARDS & JUICE GENERATION APP TERMS & CONDITIONS
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS APP AND PROMOTIONAL PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS DESCRIBED HEREIN AND ALL TERMS & CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS & CONDITIONS, DO NOT PARTICIPATE IN THIS PROGRAM.
These Terms & Conditions and the Juice Generation Terms & Conditions (collectively, the “Terms and Conditions”) apply to your access to, and participation in, the Juice Generation Supa Dupa Rewards (SDR) program which is operated by Juice Generation Inc. These Terms & Conditions do not alter in any way the terms or conditions of any other agreement you may have with Juice Generation for products, services or otherwise. Juice Generation reserves the right to change, modify and/or eliminate Supa Dupa Rewards (SDR) and/or these Terms & Conditions or any policy, FAQ, or guideline pertaining to Supa Dupa Rewards (SDR) at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to www.juicegeneration.com and you waive any right you may have to receive specific notice of such changes or modifications. In addition, your sole and exclusive remedy if you do not agree to any such modifications is to withdraw from the Supa Dupa Rewards (SDR) program. Your continued use of the App or participation in the Supa Dupa Rewards (SDR) program after any modification confirms your acceptance to the modifications.
Your participation in the Supa Dupa Rewards (SDR) loyalty program confirms your acceptance of these Terms & Conditions and any such changes or modifications; therefore, you should review these Terms & Conditions and applicable policies frequently to understand the terms and conditions that apply to the Supa Dupa Rewards (SDR). If you do not agree to the Terms & Conditions, you must stop participating in the Supa Dupa Rewards (SDR). This program is void where prohibited or restricted by law. You may enroll in the Supa Dupa Rewards (SDR) program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Supa Dupa Rewards (SDR) program.
This program is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, or under the age of majority in your state of residence, you may participate in Supa Dupa Rewards (SDR) only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions.
Participants in Supa Dupa Rewards (SDR) may accumulate loyalty “points” that entitle the participant to Supa Dupa Rewards (SDR) benefits, or “Rewards," at participating Juice Generation locations in New York State. Redemption of Rewards is subject to availability, and Rewards may not be redeemed in combination with other promotions, special offers, discounts or coupons. Loyalty points are awarded with each qualifying purchase in relation to the amount spent at Juice Generation locations in New York State. Purchases begin accumulating points upon the first presentation of a digital Supa Dupa Rewards (SDR) account at the time of a qualifying purchase.
LIMITATIONS, RESTRICTIONS AND OTHER TERMS
Without notice to you, Juice Generation reserves the right to suspend or terminate any Supa Dupa Rewards (SDR) account and/or your participation in Supa Dupa Rewards (SDR) if Juice Generation determines in its sole discretion that you have violated these Supa Dupa Rewards (SDR) Terms, you have more than one Supa Dupa Rewards (SDR) account, or that the use of your Supa Dupa Rewards (SDR) account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Supa Dupa Rewards (SDR) Terms. Juice Generation may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Supa Dupa Rewards (SDR) is terminated, then all accumulated points and Rewards in your account are void.
There are no membership fees associated with Supa Dupa Rewards (SDR), although use of online services in conjunction with participation in Supa Dupa Rewards (SDR) programs may result in data charges, internet access fees or similar expenses. Neither points nor Rewards accumulated under the program have any cash value, nor may they be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Rewards may be confiscated or cancelled.
Juice Generation is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in Supa Dupa Rewards (SDR).
If, for any reason, the Supa Dupa Rewards (SDR) program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Juice Generation which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Supa Dupa Rewards (SDR) program, Juice Generation reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Supa Dupa Rewards (SDR) program or otherwise respond to the circumstances as Juice Generation deems appropriate.
CHANGES TO THE APP
DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
This provision (the “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Juice Generation. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as Juice Generation’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against Juice Generation in the same proceeding.
This Provision provides that all disputes between you and Juice Generation shall be resolved by binding arbitration because acceptance of these Terms and Conditions constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and Conditions and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). ALL PARTIES HERETO AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
PRE-ARBITRATION CLAIM RESOLUTION
For all Disputes, whether pursued in court or arbitration, you must first give Juice Generation an opportunity to resolve the Dispute which is first done by emailing Juice Generation at firstname.lastname@example.org the following information: (1) Your name, (2) Your address, (3) A written description of your claim, and (4) A description of the specific relief you seek. If Juice Generation does not resolve the Dispute within 45 days after receiving your notification, you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
EXCLUSIONS FROM ARBITRATION / RIGHT TO OPT OUT
Not with standing the above, you or Juice Generation may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS AND CONDITIONS (the “Opt-Out Deadline”). You may opt-out of this Provision by mailing Juice Generation Inc., Attn: Legal Department, 122 East 42nd Street, Suite 3905, New York City, NY 10165: (1) Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with Juice Generation through arbitration. Juice Generation does have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Juice Generation may initiate arbitration proceedings. The American Arbitration Association (“AAA”) will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
Arbitration Award - The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration - You or Juice Generation may initiate arbitration in New York State.
CLASS ACTION WAIVER
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Juice Generation specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other participant in the Supa Dupa Rewards (SDR) can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms and Conditions, you and Juice Generation are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Juice Generation might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your account with Juice Generation and your discontinued participation in Supa Dupa Rewards (SDR). Notwithstanding any provision in these Terms and Conditions to the contrary, Juice Generation agrees that if Juice Generation makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Juice Generation to adhere to the present language in this Provision if a dispute between the parties hereto arises.
May 12, 2020