TCBY FROYO CLUB REWARDS PROGRAM - TERMS AND CONDITIONS
Effective: 12/13/23
THIS PROGRAM IS VOID WHERE PROHIBITED BY APPLICABLE LAW. SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE PROGRAM IN ANY MANNER, IN WHOLE OR PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT POINTS ALREADY ACCUMULATED
Please read these Terms and Conditions (“Terms”) carefully before signing up or participating in the Program. If you do not agree to the terms contained herein, then you may not sign up or participate in the Program. Your participation in the Program constitutes your acknowledgement that you have the legal authority to bind yourself to, and your acceptance of, these Terms. This includes, but is not limited to binding arbitration and a choice of Delaware law.
You acknowledge that you have read and agree to be bound by these Terms and to comply with all applicable laws, regulations, and/or rules with regard to your use of the Program. Each participant acknowledges and agrees that the decisions of Sponsor as to this Program shall be final, binding, and conclusive in all matters relating to the Program.
You should not rely upon the continued availability of the Program or any Points accumulated in connection therewith. Please review Sponsor’s Privacy Policy found at https://www.tcby.com/privacy-policy, which governs any online collection of information in connection with the Program, including our practices in connection with the use and protection of your information.
1. PROGRAM PERIOD
By participating in the TCBY Froyo Club Rewards Program (the “Program”), each participant accepts and agrees to comply with these Terms and the decisions of Famous Brands International (“Sponsor”), whose decisions shall be final and binding in all respects. The Program will begin on December 14, 2023, and will continue until Sponsor ends or terminates it as set forth herein (the “Program Period”).
2. ELIGIBILITY
The Program is open only to legal residents of the 50 United States/District of Columbia, who are at least 18 years of age or older at the time of sign up. No individuals or groups may participate in this Program on behalf of a group, club, company, or organization. Eligible participants who are under the age of majority in their jurisdiction of residence must have the permission of their parent or legal guardian to participate in this Program, and their parent or legal guardian must agree to these Terms on their behalf. This Program is void where prohibited by applicable law.
3. HOW TO ENROLL
In order to enroll in the Program, participants must create a Froyo Club account (“Account”) by downloading the TCBY Froyo Club Rewards mobile application (available for free on Apple and Android app store) (the “Mobile App”) or by visiting the website, www.tcbyfroyoclub.com (the “Website”). Then, provide all requested information, including without limitation their email address, phone number, and private residence address to create the Account. Once the Account is successfully created, eligible participants will then be opted into the Program. Program is only available for use/participation in store and not on any websites, third party sites, or otherwise. Limit one (1) Account per person/email address/phone number. Anyone found attempting to use multiple/different identities, email addresses, phone numbers, accounts, registrations, or logins, or otherwise attempting to obtain more than one (1) Account may be ineligible for the Program, their Accounts may be cancelled and all corresponding Rewards may be void, all in Sponsor’s sole discretion.
4. HOW TO EARN POINTS
During the Program Period, once you complete Program enrollment, you can earn Program points (the “Points”) for making qualifying purchases made if you provide either your four-digit code (from the Mobile App) or your phone number associated with your Account to the associate behind the register in-store at a participating TCBY location prior to payment or close of the transaction. Check the Mobile App or visit a location to determine whether the location is participating in the Program. You will earn ten (10) Points for each $1 in product purchase value at a participating TCBY location, which is subject to change from time to time in Sponsor’s sole discretion. Participants earn Points on the value of items purchased at participating locations only after the application of discounts, coupons, and Rewards; no Points are earned for taxes or other fees or the purchase of gift cards. Purchases made before the Program Period will not be eligible for Points in connection with this Program. Total Point accruals may only be accessible via the Mobile App. After you make your purchase, please allow one (1) business day for Points to be deposited into your Account. Sponsor will not be liable for any failure to credit Points in a timely manner.
There are two ways to request Points for eligible purchases as follows:
- Participant can provide a four-digit code (from the Mobile App) or the phone number associated with the Account at point of purchase, prior to payment or close of the transaction, in order to earn Points on the purchase. Or
- Within thirty (30) days of the purchase date, submit a customer support ticket through the customer support tab on the app or by email the Sponsor at support@tcby.com along with all required information (participant must have a receipt from the purchase in order to obtain Points via this method). When submitting a Points request via this method, customer will need to provide their first and last name, phone number, city/state where the purchase occurred, an invoice number (listed at the top of their receipt indicated by "Invoice #”), date and time of transaction, and transaction’s subtotal. Some receipts will not have an invoice number and in such cases, the participant must submit the request for Points via email to support@tcby.com with an original photo of the receipt (any credit card information should be crossed out). Sponsor will not and is not responsible for retroactively awarding Points for purchases made in which the participant did not follow all required directions, including that the participant did not obtain a physical receipt from a location/does not have an ‘Invoice’ number. number or did not timely submit such request. Receipts and purchases are not transferrable and may only be submitted by the purchaser. Each purchase and receipt may only be submitted one time, and if Sponsor believes you have provided fraudulent, fictitious, duplicitous, prohibited, or unlawful receipts, it reserves the right to remove any such Points or Rewards from your Account and/or disqualify you from the Program.
You may only earn Points on up to three (3) transactions in every 24 hour period regardless of the number of qualifying purchases made in such 24 hour period/how Points request was made or when a receipt or request is received by Sponsor.
From time to time, Sponsor may elect to award additional Points for other types of activities or reasons. In such instances, Points will be awarded/redeemable as described in the corresponding promotional offer and will be subject to any additional terms set forth in such promotional offer. Details on such opportunities to receive additional Points can be found at www.tcby.com/FroyoClub.
If at any time your Account is not in good standing, no additional Points may accrue with respect to any qualifying purchase you make during such time and until your Account returns to good standing (and no retroactive Point accruals will be awarded for purchases made during such period). Points have no cash or other value and may be used only to obtain Rewards in the Program. Points accrued in your Account do not constitute your property and do not entitle a participant to a vested right or interest. Points may be revoked, cancelled, limited, or modified at any time, even though such action may affect your right to use previously accumulated Points. You may not purchase Points or transfer Points from one Account to another Account. You also may not transfer or sell any Points or your Account. Sponsor is not liable for Points that are lost, suspended, delayed, uncredited, or revoked due to suspected or actual fraudulent, unauthorized, illegitimate, or other unacceptable use.
Sponsor reserves the right to modify, terminate, change, and otherwise revise any of the ways to earn Points (as well as the corresponding details of such method including, without limitation, the amount/value of Points available and the participation status of any store), at any time. Any unused Points remaining at the end of the Program Period shall also be void.
5. POINTS EXPIRATION/FORFEITURE
All Points will expire two (2) years after the Points were earned, unless they are converted into a Reward. For example, if you earn 50 Points on March 21, 2024, those 50 Points will expire on March 22, 2026, if you do not convert Points into a Reward by March 21, 2026. Your Points will be forfeited if your Account is terminated and/or deleted by you or by Sponsor. You may not be provided with notice of expiration or forfeiture of Points. You are not entitled to compensation from Sponsor or from any other entity if your Points expire or are forfeited for any reason.
6. REWARDS AND REWARD EXPIRATION
Participants who reach the threshold number of Points set forth below (or other amount of required Points as indicated by Sponsor) will be able claim a reward corresponding to the number of Points they choose to convert (each a “Reward”) by selecting a Reward within the Mobile App or on the Website and choosing “Claim Now.” Each Reward will be valid towards the corresponding offer listed in the chart below (as subject to change) and will appear within the Rewards section of the Account within the Mobile App or on the Website.
| Required Number of Points to Receive Reward | Reward Offer |
|---|---|
| 200 | $1 Off purchase |
| 400 | $3 Off purchase |
| 650 | $5 Off purchase |
| 850 | Free froyo treat (up to $8.50 value) |
| 1,250 | 25% total order in single transaction (up to $12.50 value) |
| 2,500 | 50% total order in single transaction (up to $25 value) |
Additional Reward Offers may be made available from time to time, and details on such Reward Offers can be found in the Mobile App or on the Website. Rewards will be sent to participants via the participant’s Account within the Mobile App or Website and may be used in any participating TCBY U.S. store location. Limit: One (1) Reward per transaction and three (3) total Rewards per day. Except as otherwise designated by Sponsor, you may not combine Reward redemption with any other offers.
Rewards expire thirty (30) days from the date the participant claims them and are subject to the terms and conditions specified thereon (if any). If a participant claims a Reward but does not use the Reward within thirty (30) days, the Reward along with the corresponding Points used to claim the Reward will all be forfeited and void. Sponsor is not liable to you if a Reward expires prior to your use of the Reward. An expired Reward will no longer be available for use or redemption. You can only acquire Rewards to the extent that you have the required number of Points in your Account. You cannot combine Points in one Account with Points in other Accounts. Once a claim is placed or the Reward expires, your Account will show a deduction of the corresponding Reward and/or Points. Once used, a Reward may remain visible temporarily within your Account on the Mobile App or on the Website; however, once used, a Reward will no longer be available for use, redemption, or re-use on a subsequent purchase.
Rewards may not be transferred, assigned, substituted, or redeemed for cash or gift cards and may not be combined with other Account’s Rewards. Rewards may not be applied to taxes or previous purchases. Participant will not accrue any Points on purchases made with Rewards. Sponsor reserves the right to substitute a Reward for item of equal or greater value, at its sole discretion. Participants are responsible for all applicable taxes as well as any other costs or expenses associated with any Reward.
The number of Points required to claim a Reward and the offer corresponding to a Reward may be changed, edited, or eliminated by Sponsor at any time.
The selection of available Reward offers is determined by Sponsor and the selection and/or the number of Points needed to earn the Rewards may change from time to time without notice to you. All Rewards are subject to availability. Points are only redeemable for Rewards. Your Rewards will be forfeited if your Account is terminated Required Number of Points to Receive Reward Reward Offer 200 $1 Off purchase 400 $3 Off purchase 650 $5 Off purchase 850 Free froyo treat (up to $8.50 value) 1,250 25% total order in single transaction (up to $12.50 value) 2,500 50% total order in single transaction (up to $25 value) and/or deleted by you or by Sponsor. Rewards do not constitute property, do not entitle a participant to any vested right or interest, and have no cash value. Rewards are null and void and will be rejected/removed from the participant’s Account if not obtained through authorized, legitimate channels. No Reward receipt or redemption will be valid if such receipt or redemption is associated with any Reward deemed void for any reason, including without limitation, the following: (a) Reward is not verified or recognized as being validly issued by Sponsor in the Program; (b) Reward is determined to be previously entered and used; (c) Reward is incorrectly or incompletely entered or submitted; or (d) Reward is otherwise void. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void Reward.
7. ACCOUNT INACTIVITY
If any Account is inactive for a two (2) year period (inactivity defined as no Points added or converted to/from an Account), participants acknowledge and agree that Sponsor may, in its sole and absolute discretion, terminate such Account and any Points associated with such Account. Sponsor is not obligated, and will not provide notice of such inactivity or termination to participants. Sponsor reserves the right, at any time, to increase or decrease the length of the inactive period from two (2) years. Notice of such revision shall be posted on the Website.
8. PROGRAM MODIFICATION/TERMINATION
The Program structure is subject to modification, termination, or limitation at any time, with or without notice, in Sponsor’s sole discretion, and Sponsor expressly reserves the right to delete any or all of the currently recognized means of accruing Points, to exclude specific types of transaction therefrom or to make Points selectively available to certain participants based upon factors, in its sole discretion. Additionally, membership in the Program is offered at the discretion of Sponsor and it reserves the right to modify the Program Terms, Point redemption values, benefits, conditions of participation, rules for issuing, converting, redeeming, retaining, using or forfeiting Points or any other aspect of the Program, in whole or part, at any time, with or without notice, even though such changes may affect the redemption value of the Points already accumulated. If for any reason Sponsor determines in its sole discretion that the Program or any aspect of the Program is no longer capable of running as planned or intended for any reason whatsoever (including, without limitation, any occurrences described in these Terms or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Program), Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Program in whole or in part, including without limitation, any means of earning Points or Reward, at any time.
9. CONDUCT
Failure to comply with these Terms may result in disqualification, and the termination of the participant’s Account and any Points/Rewards associated with such Account, in the sole and absolute discretion of Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual from participating in any aspect of the Program, and/or may cancel, suspend or block any Account registered by such person (and void any associated Points) if Sponsor deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms; or (b) damaging, tampering with or corrupting the operation of the Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) use of any automated bot, script or other robotic, mechanical, or automated devices to submit data to the Website/Mobile App; or (e) repeated attempts to participate, open Accounts, and/or receive repetitive, void, additional, or otherwise invalid or fraudulent Points in one or more Accounts, as determined by Sponsor; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Program. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR MOBILE APP OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Sponsor’s delay or failure to enforce any term of these Terms shall not constitute a waiver of that or any other provision.
If your password or other proprietary information about your Account is lost or stolen, or if the e-mail account associated with your Account is compromised, please visit the customer service tab on the Website or in the Mobile App, or contact us at support@tcby.com or 800-348-6311. Sponsor is not responsible or liable for any Points converted or Rewards redeemed or used on your Account through a lost or stolen password or a compromised e-mail account. If you have a problem or question regarding the Program or your Account, visit the customer service tab on the Website or in the Mobile App to contact us. You can also contact us at support@tcby.com or call us at 800-348- 6311. If you do not wish to participate in this Program, you can delete your Account by contacting us at support@tcby.com or visiting the account deletion page on the Website or in the Mobile App to have your Account deleted. If you elect to delete your Account at any time, you will forfeit all Points and Rewards in your Account and Sponsor shall not be responsible or liable to you for such Points/Rewards.
These Program Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Program Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced.
10. LIMITATIONS OF LIABILITY AND RELEASES/DISPUTES
Sponsor and Program Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected Rewards, Points, or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems regarding the administration of the Program, the tabulation of Points, the issuance of Rewards or in any Program-related materials. No responsibility or liability is assumed by the Sponsor and Program Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program, Website, or Mobile App: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online, mobile or other communication problems; disruptions, errors or limitations of any Internet service providers or wireless carriers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text transmissions to be sent or received; lost, late, delayed or intercepted e-mail or text transmissions; inaccessibility of the Website/Mobile App in whole or in part for any reason; traffic congestion on the Internet, Website, and Mobile App; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of any account used in connection with the Program. Sponsor and Program Parties are not responsible for any typographical or printing errors in any Program materials (including, but not limited to, at the Website, Mobile App, in email correspondence, and in advertising materials), or any inaccurate or incorrect data contained on the Website/Mobile App, including without limitation, the number of Rewards available, or any personal injury to a user, or property damage or losses of any kind which may be sustained to user's or any other person’s computer equipment or mobile phone equipment resulting from participation in the Program, or use of or download of any information from the Website/Mobile App.
Only the individual listed as the Account holder can accrue Points or obtain Rewards. Each participant shall have the responsibility of ensuring that his or her Rewards are properly credited. Sponsor reserves the right to invalidate Rewards from an Account if it determines that such Rewards were improperly credited to such Account or fraudulently obtained. Sponsor assumes no liability for discrepancies, omissions, inconsistencies or errors in the number of Rewards acquired or Points obtained.
All participants, as a condition of participation in this Program, agree to release Sponsor and Program Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Website or Mobile App or otherwise participating in any aspect of the Program, the receipt, ownership or use of any Reward awarded (if any), or any typographical or other error in these Terms or other Program materials.
11. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Program, including the Terms, shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS.
As a condition of participating in this Program, each participant agrees that to the extent permitted: (i) 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; (ii) any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved exclusively by the federal, state, and local courts in New York, NY; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' fees; and (iv) under no circumstances will any participant be permitted to obtain awards for, and each participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, (“Damages”) and any and all rights to have Damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
12. JURISDICTION AND VENUE
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Terms and/or for entering any judgment on an arbitration award, shall take place in Delaware.
13. SPONSOR
Famous Brands International, 1717 South 4800 West, Salt Lake City, Utah 84104.