SE GROCERS REWARDS (FRESCO Y MAS REWARDS, HARVEYS REWARDS, WINN-DIXIE REWARDS)
TERMS & CONDITIONS

WHAT IS SE Grocers rewards?

SE Grocers rewards (Fresco y Mas rewards, Harveys rewards, Winn-Dixie rewards) is a rewards program operated by BI-LO, LLC and its affiliates, subsidiaries, and parent companies (collectively referred to as “we,” “us,” and/or “our”). We are a grocery store chain operating under four different banners: Winn-Dixie, Harveys Supermarkets, and Fresco y Mas (each, a “Store”). SE Grocers rewards lets you earn rewards points (“Points”) when you make qualifying purchases at our Stores. Fully enrolled SE Grocers rewards members (“Members”) may use the Points they earn for savings at participating Stores.

These Terms and Conditions, and any additional ones we establish for certain offers (collectively the “Terms”), govern your participation as an individual in the SE Grocers rewards program (“SE Grocers rewards”). In connection with SE Grocers rewards, we operate the website, www.SEGrewards.com, and our mobile applications and websites for our respective Stores (collectively, the “SE Grocers rewards Sites”). These Terms also govern your use of the SE Grocers rewards Sites.

By enrolling in SE Grocers rewards; fully enrolling in a prior rewards program and then receiving and using your new SE Grocers rewards card; accessing www.SEGrewards.com; accessing our services through our respective Store mobile applications and websites; and/or by clicking “I agree to the Terms and Conditions,” you agree that you have read, understood, and agree to be bound by these Terms.

If you do not consent to these Terms, please do not access, browse, or use www.SEGrewards.com, participate in SE Grocers rewards, use the services offered through the SE Grocers rewards Site(s), or provide information to us.

ELIGIBILITY AND MEMBERSHIP

There is no cost to join SE Grocers rewards. To be eligible to enroll in SE Grocers rewards, you must be an individual at least 13 years of age and have a residence in the United States or its territories. If you are between 13 and 18 years old, you must obtain permission from your parent or legal guardian to join SE Grocers rewards. We may change these eligibility requirements at any time and reserve the right to refuse membership to any applicant for any reason in our sole discretion. For the avoidance of doubt, businesses are not eligible to enroll in SE Grocers rewards.

A “Member” is a customer that has fully enrolled in SE Grocers rewards and is therefore entitled to use points for savings. If you have fully enrolled under the previous rewards program and receive and use your new SE Grocers rewards card, you will be a Member. If you have not done this, then to fully enroll you must finish the registration process by visiting www.SEGrewards.com or by calling our customer service center at 1-844-745-0463. Registration requires you to provide certain personal information, such as your name, address, zip code, salutation, date of birth, email address, and phone number (“Registration Information”). You will also have to establish a “PIN” (a four-digit security code that you will need to use Points in instances when you use your phone number) and, when applicable, your email address and password for online account access. To finish the registration process, you must also acknowledge receipt of these Terms and our Privacy Policy. You represent that all Registration Information and any other information you provide throughout your interactions with us is true and accurate. You agree to update your Registration Information, as necessary to maintain its truth and accuracy. You are responsible for all activities related to your account and for maintaining the confidentiality of your password and PIN.

By participating in the SE Grocers rewards program (earning and/or using points), you agree that we may send you marketing communications, including by email, even if you have opted out of such communications from us in the past. However, you are free to opt out of receiving such communications at any time by opting out online (at www.SEGrewards.com) or by calling our customer service center at 1-844-745-0463.

Southeastern Grocers SMS Terms & Conditions

Text DEALS to 95614 to join Southeastern Grocers rewards Promo Alerts. Reply HELP for help, STOP to cancel. Msg & Data Rates May Apply.

Compatible carriers include: AT&T, T-Mobile^® , Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile.

T-Mobile^® is not liable for delayed or undelivered messages

To discontinue receiving SMS messages from Southeastern Grocers rewards Promo Alerts, text STOP to 95614.

For additional help, text HELP to 95614 or customerresponse@segrocers.com or call 1-844-745-0463. Southeastern Grocers respects your right to privacy. You can view our privacy policy at http://segrewards.com/privacy.

Before registering and becoming a Member, you are still subject to these Terms and able to earn Points but unable to use them for Savings. After registering and earning a minimum of 100 points, you may use earned and available Points for savings. Points will expire regardless of membership status. See “When Do My Points expire?” below for more information.

EARNING POINTS

Customers who have joined SE Grocers rewards, regardless of membership status, may earn Points by making qualifying purchases; that is, by purchasing any items at our Stores except: service items like Western Union or paying a power bill; lottery; tobacco; stamps; alcohol, where prohibited by state law; open loop gift cards; pharmacy purchases using government funded insurance; the value of any merchant discounts or coupons; taxes; or any other items not mentioned here that are excluded from earning points by law (“Excluded Items”). You may earn additional points through offers and promotions, which would be subject to additional terms and conditions.

To earn Points in our Stores, you must present and use one of your SE Grocers rewards identifiers (each an “Identifier”) prior to purchasing qualifying items. Identifiers include the following: (1) the SE Grocers rewards card we issue you; (2) the key tag we provide to you; (3) your 16 digit account number; (4) a phone number associated with your account; or (5) the digital rewards card contained within the mobile application for any of our Stores (each an “App”).

We will not credit Points to your account until we receive information about a qualifying purchase. In most instances, we will receive purchase information and credit Points in real time or within 48 hours.

HOW CAN I USE POINTS?

For savings on groceries
Members can use Points for savings on groceries in our Stores. To be eligible to use Points, a Member must have at least 100 Points in his or her SE Grocers rewards account. In our Stores, 100 Points is worth $1 off qualifying purchases. To use Points, use your applicable Identifier before paying. If you use your phone number, you must enter your security PIN, which you can create at www.SEGrewards.com or via the call center at 1-844-745-0463.

When Do My Points Expire?
Points expire 6 + months after they are earned. After Points are earned, they will expire on the last day of the month that is 6 months after they are earned. For example, if Points are earned on February 12th, those Points will expire on August 31st (the last day of the month that is 6 months after the date earned). If you or we terminate your account, or if the SE Grocers rewards program is terminated or otherwise modified, Points may be cancelled before they expire. You may not use expired or cancelled Points. Points will be redeemed in the order in which they were earned.

Limitations. Points have no cash value. Points are not your property. Points are issued without separate payment or other consideration by you and exist at our sole discretion as part of a rewards program. Points cannot be purchased, redeemed for cash or for any other monetary value or currency, or used to pay any credit card or other credit device. Points may not be assigned, transferred, or pledged to any third party, except as specifically stated herein. Points may not be transferred by operation of law, such as by inheritance, in bankruptcy, or in connection with a divorce.

HOW WE USE AND SHARE YOUR DATA

Your Registration Information. By becoming a Member of the SE Grocers rewards program, you choose to provide us with your Registration Information, and you agree to update it from time to time so that it remains accurate

Your Account Activity. When you participate in SE Grocers rewards and/or present an Identifier, you authorize us and Excentus Corporation to collect information about your “Account Activity,” which may include the items or services that you purchased, any offers that you redeemed, or any other information related to your transaction, including whether you purchased over-the-counter health products or picked up a prescription from a pharmacy. However, we will not collect information about the type of prescription that you picked up from a pharmacy.

You also authorize us to use and share your Registration Information and Account Activity in accordance with our Privacy Policy, located at www.SEGrewards.com, as amended from time to time, in our sole discretion. These authorizations include, but are not limited to:

1. Using your Account Activity, including sharing it with companies we enter into contracts with or have relationships with, to evaluate, develop, offer and promote products and services to you.
2. Combining your Account Activity information with that of other Members in order to create aggregated reports that we may share with our affiliates or other nonaffiliated third parties.

You can obtain copies of the Privacy Policy by going to www.SEGrewards.com or by calling 1-844-745-0463.

HOW CAN I MANAGE MY ACCOUNT?

You can create an account at www.SEGrewards.com and view the Points that you have earned and used. If you believe there is an error in your account balance, you may contact our customer service center by calling 1-844-745-0463. We will review your claim and determine whether or not to adjust your balance, at our sole discretion. If you believe your account has been the subject of any suspicious activity, or if your SE Grocers rewards card or key tag has been lost or stolen, or if you have changed your phone number, please contact our customer service center immediately.

ACCOUNT CANCELLATION AND TERMINATION

Cancellation by You. You may cancel your SE Grocers rewards account at any time by calling our customer care center at 1-844-745-0463. If you cancel your account, any Points in your SE Grocers rewards account will immediately be voided and may not be used after you cancel your account.

Termination by Us. We reserve the right to terminate your SE Grocers rewards account at any time, or to modify or restrict your ability to use Points, immediately and without notice. We may do so for any reason, or no reason at all, including, but not limited to: if you violate these Terms, if you violate our privacy policy, if you do not earn or use Points for two (2) or more years, if we determine that you are using your SE Grocers rewards account for resale purposes, or if you act in a manner that is inconsistent with applicable laws or regulations. If we terminate your account, any Points in your SE Grocers rewards account will immediately be voided and may not be used.

We may terminate, suspend, or modify the entire SE Grocers rewards program at any time in our sole discretion.

OUR RIGHTS TO MONITOR YOUR ACCOUNT

You hereby grant BI-LO, LLC and its affiliates, subsidiaries, and parent companies the right to monitor your SE Grocers rewards account activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your account or any of your activities relating to our Stores, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of SE Grocers rewards or your SE Grocers rewards account

HOW CAN WE MODIFY THESE TERMS?

We may modify these Terms in any manner, at any time, in our sole discretion. Such changes may affect Points already received, including the opportunity to use such Points or their redemption rate. We will provide notice of modification by posting the revised Terms at www.SEGrewards.com and updating the last modified date. Be sure to check www.SEGrewards.com or the respective Store’s website from time to time to ensure that you are aware of any changes to these Terms. Modifications to these Terms are effective immediately when posted. Except as set forth herein, modifications apply only to transactions and disputes that arise after the effective date. Your continued use of SE Grocers rewards after changes have been made to these Terms constitutes your agreement to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, your only recourse is to cancel your Membership

DISCLAIMERS

We and our affiliates, subsidiaries, and parent companies make no guarantees, warranties or representations of any kind concerning SE Grocers rewards or Points. All Points are void where prohibited by applicable laws or regulations, and these Terms are subject to immediate change if necessary to comply with such laws or regulations. You release and hold harmless us, and our affiliates, subsidiaries, and parent companies from all liability regarding your earning of and use of Points and/or your participation in SE Grocers rewards. The SE Grocers rewards program is only available in English; however, a Spanish version of these Terms is available at the respective Store websites.

We make no representations or warranties, either express or implied, including, but not limited to: any implied warranty of quality, condition, merchantability, fitness for intended use or a particular purpose, or any representations or warranties arising by statute or otherwise in law or from a course of dealing or usage of trade regarding SE Grocers rewards or the services, materials, or goods advertised, promoted, sold or otherwise made available at our Stores. We have no responsibility for the delivery, standard, quality, safety, use, suitability or any other aspect of any goods or services ordered or purchased, except where required by law.

You acknowledge and agree that you have no ownership rights in Points or your SE Grocers reward account. You further acknowledge and agree that you have no third-party beneficiary rights in any agreement between us and Excentus and that the only relationship created by these Terms is one between you and us.

SE Grocers rewards cannot be used where prohibited by law. SE Grocers rewards cannot be used outside the United States and its territories. If any term of these Terms is found by a court to be illegal or not enforceable, except as otherwise provided in the Limitations on Arbitration subsection(s) below, all other terms will still be valid and enforceable.

LIMITATION OF LIABILITY

Under no circumstances shall we, or any of our affiliates, subsidiaries, or parent companies, or Excentus Corporation be liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages, whether any claim is based on warranty, contract, tort (including, without limitation, negligence) or otherwise (even if any of them have been advised of the possibility of such damages). This limitation of liability shall apply however damages arise, including, without limitation, whether such damages are incurred by third parties, and/or whether such damages arise from transactions between you and Excentus, your use or misuse of SE Grocers rewards, your inability to use SE Grocers rewards, or the interruption, suspension, or discontinuation of SE Grocers rewards.

GOVERNING LAW AND ENFORCEABILITY

Florida law and federal law govern these Terms and any aspect of your relationship with us. These laws govern without regard to any conflicts of laws principles that would otherwise apply the substantive law of another jurisdiction. If any provision of these Terms is deemed to be invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms.

ASSIGNMENTS

Except as expressly set forth herein, you may not sell, assign or transfer any Points you receive, any other aspect of your SE Grocers rewards account, or any of your rights or obligations under these Terms, whether by operation of law or otherwise. We may sell, transfer, or assign the SE Grocers rewards program, these Terms, or your SE Grocers rewards account, in whole or in part, at any time, without notice to you. If we make such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and we will be released from any responsibilities or obligations.

ARBITRATION

Most customer concerns can be resolved by calling our customer service center at 1-844-745-0463. In the event that the customer service center is unable to resolve a complaint to your satisfaction, this section explains our and your agreement to resolve our claims through mediation and/or arbitration.

For this Arbitration section: (a) “you” includes you, any person acting on your behalf including, if you are a minor, your parents and legal guardians; (b) “we” and “us” includes BI-LO, LLC and any corporate parents, subsidiaries, affiliates, or related persons or entities, and, if there is an assignment, the assignee and its corporate parents, subsidiaries, affiliates or related persons or entities; and (c) “claim” means any current or future claim, dispute or controversy relating to SE Grocers rewards, including these Terms, except for the validity, enforceability, or scope of this arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; and (3) claims by or against any third party using or providing any product, service, or benefit in connection with any SE Grocers account. You may not sell, assign or transfer a claim.

If a claim arises that cannot be settled through negotiation, you and we agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration as provided hereunder. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT UNDER FLORIDA LAW, ANY CLAIMS AS DEFINED ABOVE WILL BE RESOLVED AND SETTLED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY AND TO LITIGATE ANY CLAIM IN COURT. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS WILL NOT BE PERMITTED. BY AGREEING TO THESE TERMS, YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. You agree that any arbitration will be administered by the American Arbitration Association under its consumer arbitration rules as applicable, and judgment on the award rendered by the arbitrator(s) may be entered in a Florida court having jurisdiction thereof.

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration. The arbitrator’s authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.

Arbitration Procedures. This Arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). The arbitrator will apply applicable substantive law, statutes of limitations, and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitation of Liability Section of these Terms, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim.

Arbitration Fees and Costs. You will be responsible for paying your share of any arbitration fees and costs (including filing, administrative, hearing or other fees).

Continuation. This Arbitration section will survive termination of the SE Grocers rewards program or your SE Grocers rewards account, any bankruptcy, and any sale or assignment of SE Grocers rewards, or your SE Grocers rewards account. (In the case of a sale, the terms of this Arbitration provision will apply to the buyer.)