Loyalty Program Terms & Conditions
As of: November 19, 2021
These terms and conditions govern the Milo’s Consumer Loyalty Program (the “Program”).
BY ACCEPTING THESE TERMS, AS DETAILED BELOW, YOU AGREE TO RESOLVE ANY DISPUTE WITH US ARISING OUT OF OR RELATED TO THESE TERMS THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.
Eligibility. Participation in the Program is limited to persons residing in the United States who are at least 13 years of age. Individuals under the age of majority in their jurisdiction must obtain permission from a parent or legal guardian to participate in the Program. Certain aspects of the Program are only available to those who are at least 18 years of age. Membership in the Program is limited to one individual per account. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own Membership are eligible to participate. No business entities, third-party aggregators, organizations, or groups may register for the Program.
Program Description. The Program is a consumer loyalty program that allows a Member (as defined below) to provide Milo’s with their contact information and personal including (but not limited to) name, email, phone number, birthday, and address so that Milo’s may contact them at any time with information, some of it exclusive to Program Members, including but not limited to Milo’s products, new products, events, giveaways, consumer surveys, and merchandise (“Rewards”).
There is no fee associated with the Program. Participation in the Program is personal and non-transferable. Member Benefits and Rewards may not be gifted, purchased, sold, bartered, brokered or otherwise transferred. Member Benefits and Rewards available via the Program have no cash value, are not redeemable for cash, gift certificates or gift cards, are purely promotional, and do not constitute property of any participant. No portion of any payment for purchases qualifying for the Program or any Member Benefits or Rewards constitute consideration paid for any of the foregoing. Milo’s reserves the right to limit the redemption of specific Rewards and Member Benefits and limit the number of Member Benefits and Rewards available.
Joining the Program. To participate and enjoy the full benefits of the Program, eligible individuals must enroll and become a member of the Program (“Member”). Milo’s reserves the right to limit participation and enrollment at any time. Milo’s also reserves the right to update or change the Program platform at any time without notice and transfer Membership information into that new platform.
How to Sign Up. To become a Member, you must sign-up by submitting your email and/or other required information and following the prompts at www.drinkmilos.com/loyaltyprogram or joining through a special promotion or event offered by Milo’s from time to time.
During sign-up, you will be required to provide the requested information, including, but not limited to, name, password, and e-mail address. Milo’s may periodically request additional information to help us get to know you better. You agree to provide true and accurate information and to ensure that information provided by you is up-to-date and accurate. Communications with you will be made using contact information most recently provided by you. Milo’s is not responsible for your inability to receive or redeem Member Benefits and Rewards or any other loss arising from your failure to provide and maintain accurate contact information.
Milo’s may send you messages from time to time using the contact information provided by you. Such messages may include newsletters, marketing communications or event notifications, Program confirmations, administrative announcements, special requests and the like. These may be sent via e-mail, regular mail, other electronic communications. Milo’s may also engage with Members in various ways or channels, including via Social Media platforms.
Member Benefits . Milo’s, in its sole and absolute discretion, may periodically offer the opportunity for additional rewards or benefits or special offers (“Member Benefits”). Member Benefits may be distributed via e-mail or mail from time to time (based on the information you have provided to Milo’s). Member Benefits may include periodic promotional offers on beverages and merchandise, invitations to special events, or related benefits. You must have opted-in to receive email communications in order to receive promotional and marketing offers. Member Benefits are personal to you and cannot be shared, copied or transferred, except as the Program may allow in certain limited instances.
Restrictions. Member Benefits and Rewards which are designed to be redeemed may not be accepted at all Milo’s retail locations.
Cancellation; Termination. You may opt-out of the Program at any time, for any reason by unsubscribing from a Loyalty program email or contacting our customer service team. If you opt-out, any Rewards and Member Benefits which were tied to ongoing membership or accumulation will automatically be cancelled and will no longer be available. If you re-enroll at any time, you will start as if you were a new Member. Milo’s reserves the right to suspend or terminate, at Milo’s sole and absolute discretion, any Membership if Milo’s believes that the Member has abused Program privileges, has violated or acted inconsistently with these Terms or applicable law, or otherwise acted in a manner harmful to our interests.
Because we plan our communications in advance, it may take several weeks for your opt-out request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation.
Milo’s reserves the right to change, modify or terminate the Program, or any or all benefits under the Program or any policy pertaining to the Program, at any time, for any reason.
If Milo’s elects to terminate or modify in a material way the Program or any benefits or policies of the Program, Milo’s will provide a notice of the material modification or termination by posting the modifications or notice of termination to the Milo’s Websites and updating the Last Updated date. We may also attempt to notify you in other ways. Any modifications will become effective immediately after such posting or other such notification. We encourage you to review these Terms regularly for modifications.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MILO’S AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
ARBITRATION. YOU AND WE EACH AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, INCLUDING ANY QUESTIONS OF ARBITRABILITY (“DISPUTE”), SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES BY A SOLE ARBITRATOR. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth below).
For any Dispute, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Milo’s Tea Company, Inc., ATTN: Legal Department, 3112 Dublin Lane, Bessemer, AL 35022. You and we each agree to negotiate your claim in good faith for a sixty-day period. You further agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to the following address: Milo’s Tea Company, Inc., ATTN: Legal Department, 3112 Dublin Lane, Bessemer, AL 35022 and to the AAA. The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflict with our agreement in these Terms, in which case these Terms will govern. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). Each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
If a court or arbitrator determines in an action between you and us that any part of this Dispute Resolution provision cannot be enforced, the rest of this Dispute Resolution provision will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Dispute Resolution provision (other than this sentence) will not apply to that claim (but will still apply to any and all other claims that you or we may assert in that or any other action).
General Restrictions. Milo’s shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Terms and any decision it makes relating to termination, suspension, or other disabling of the Program or a Member’s Membership shall be final and binding. Should you object to any of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Program, your sole remedy is to discontinue participation in the Program and properly cancel your account in the manner provided above. These Terms shall be governed by the laws of the State of Alabama, U.S.A., without regard to conflict of laws, provisions or principles.