TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS GOVERN THE ATTUNE FOODS, INC. (“ATTUNE) GRAINBACKS LOYALTY PROGRAM (THE “LOYALTY PROGRAM”) WHEREBY YOU CAN REDEEM BOX TOPS FROM SELECT ATTUNE PRODUCTS FOR MERCHANDISE, COUPONS, AND OTHER PRODUCTS (THE “REWARDS”). PARTICIPATION IN THE LOYALTY PROGRAM IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER POLICIES, PROCEDURES, AND GUIDELINES THAT ATTUNE MAY ADOPT FROM TIME TO TIME. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE LOYALTY PROGRAM. ATTUNE RESERVES THE RIGHT TO MODIFY OR TERMINATE THE LOYALTY PROGRAM OR TERMS AND CONDITIONS AT ANY TIME. PLEASE REVIEW THESE TERMS AND CONDITIONS EACH TIME YOU VISIT THE LOYALTY PROGRAM WEBSITE, AS YOU WILL BE BOUND BY ANY MODIFICATIONS.
1. Eligibility. Participation in the Loyalty Program is open to individuals who are legal residents of the fifty (50) United States and District of Columbia of the age of majority in their place of residence. The Loyalty Program is void elsewhere and where prohibited or restricted by law. Directors, officers, and employees of Attune and its agents and any of their immediate family members (i.e., spouses, children, parents, grandparents) or members of the same household are not eligible to participate.
2. How to Participate. Collect Box Tops from the inside of participating Attune products. Only Box Tops printed with the Grainback and a valid date code may be redeemed. Available Rewards and the number of Box Tops required to redeem each Reward are as follows:
20 Box Tops / Grainbacks
- Attune Foods T-Shirt
- Attune Foods Breakfast Bowl
- Attune Foods Shopping Bag
12 Box Tops / Grainbacks
- Coupon for Free Box of Erewhon Cereal
- Coupon for Free Box of Uncle Sam Cereal
- Coupon for Free Box of Erewhon Graham Crackers
- Coupon for Free Box (or 7 bars) of Attune Chocolate Probiotic Bars
All coupon Rewards expire on December 31, 2014. Details on the Loyalty Program, including a list of participating Attune products, are available at www.attunefoods.com/grainbacks (the “Website”). Visit the Website, provide your e-mail address, and download a redemption form. You will be required to accept these Terms and Conditions before you can access the redemption form. You must complete the form in its entirety, and send the completed, signed form, along with all of the original Box Tops to be redeemed, to:
Attune Grainback Program
Dept # AF12-8262
PO Box 472
Scottsdale, AZ 85252-0472
Copies or mechanical reproductions of Box Tops will not be accepted, and no submissions will be returned. Limit ten (10) Rewards per person and household per year.
3. Redeeming Rewards. You are solely responsible for ensuring that all information on the redemption form, including your shipping address, is correct. Attune’s obligation regarding delivery of a Reward is satisfied upon shipping the selected Reward to the address you provided. Attune is not responsible for lost or stolen Rewards and will be responsible for non-receipt of a Reward only when the Reward is shipped to an address different than the one that you provided. Allow a minimum of six to eight weeks for shipment of a Reward. Once Box Tops have been redeemed, they are no longer valid for subsequent redemption and will not be returned or refunded for any reason. Any Box Tops submitted in excess of the number required to redeem a particular Reward will be forfeited. Box Tops are not redeemable for cash, transferable, or assignable for any reason. Determination and payment of any tax liability on Rewards is your sole responsibility.
4. Changes to Program Structure. The Loyalty Program structure is subject to modification or limitation at any time, with or without notice, in Attune’s sole discretion, including, without limitation, the means of accruing Rewards, the Rewards available, the number of Box Tops required to redeem Rewards, and participating Attune products. Consult the Website for updates about the Loyalty Program structure and Rewards availability.
5. Termination of Program. The Loyalty Program shall terminate, and all Box Tops shall expire, at 11:50:50 p.m. PST on December 31, 2014, or earlier at Attune’s sole discretion. All redemption forms must be received by December 31, 2014. The availability of any Reward is subject to change without notice at any time, Rewards may be available only in limited quantities, and Rewards will be distributed on a first-come, first-served basis. In the event of any early termination, Attune shall give notice at least three (3) months prior to the new termination date, during which time you may still accrue and redeem Box Tops; provided however, that Attune shall not be required to give three (3) months notice if such termination is due to an event beyond Attune’s reasonable control (as described below), the filing of a petition in bankruptcy, an adjudication of bankruptcy, insolvency, an assignment for the benefit of creditors, or any other discontinuance of business. Any failure to abide by these Terms and Conditions or any policies, procedures, or guidelines implemented by Attune, any conduct detrimental to Attune, any misrepresentation or fraudulent activities in connection with this Loyalty Program, or any failure to act consistent with federal, state, or local laws, regulations or ordinances may result, in addition to any rights or remedies available to Attune in law or equity, in the termination of participation in the Loyalty Program, as well as forfeiture of any Rewards accrued and any other benefits earned, in Attune’s sole discretion.
6. Extension of Program. Attune may, at its sole discretion, extend the Loyalty Program beyond the expiration date set forth above. In such event, Attune shall give notice prior to the date that such extension becomes effective. Those who participate in the Loyalty Program after the extension agree to be bound by the Terms and Conditions then in effect at the time of Loyalty Program extension.
7. Limitations on Liability. IN NO EVENT SHALL ATTUNE, ITS AGENTS, OR ANY OF THEIR DIRECTORS, OFFICERS, OR EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) YOUR PARTICIPATION IN THE LOYALTY PROGRAM, (B) ANY FAILURE OR DELAY BY ATTUNE IN CONNECTION WITH THE LOYALTY PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY REWARD); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE LOYALTY PROGRAM BY ATTUNE, EVEN IF ATTUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY LATE, LOST, DAMAGED, MISDIRECTED, INCORRECTLY ADDRESSED, ILLEGIBLE, INCOMPLETE, UNDELIVERABLE, OR POSTAGE-DUE SUBMISSIONS, SUBMISSIONS WITH INACCURATE OR INCORRECT INFORMATION OR TYPOGRAPHICAL ERRORS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, PRINTING, PRODUCTION, TYPOGRAPHICAL, MECHANICAL OR OTHER ERRORS IN ANY INFORMATION OR MATERIALS DISTRIBUTED IN CONNECTION WITH THE LOYALTY PROGRAM, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
8. Disclaimer of Warranties. ATTUNE MAKES NO WARRANTIES OF ANY KIND REGARDING THE LOYALTY PROGRAM OR ANY REWARDS, AND THE LOYALTY PROGRAM AND ALL REWARDS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ATTUNE EXPRESSLY DISCLAIMS ANY WARRANTY THAT ITS LOYALTY PROGRAM WILL BE ERROR-FREE. ATTUNE FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE LOYALTY PROGRAM, AND ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
9. Acts Beyond Attune’s Control. The failure of Attune to comply with these Terms and Conditions due to an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities, or any other reason beyond Attune’s reasonable control shall not be deemed a breach of these Terms and Conditions. If any such contingency shall last for more than thirty (30) days, Attune shall have the right to terminate the Loyalty Program immediately by giving notice and shall have no further liability to any person.
10. Governing Law and Consent to Jurisdiction. The laws of the State of Oregon, without regard to its conflict of laws principles, will govern these Terms and Conditions, and any disputes or actions shall be brought, without resort to any form of class action, exclusively in state or federal courts located in Lane County, Oregon.
11. Miscellaneous. Attune’s failure to exercise or enforce any rights or any of these Terms and Conditions shall not constitute a waiver unless acknowledged and agreed to by Attune in writing. The headings in these Terms and Conditions are for convenience and reference only and do not limit or affect these Terms and Conditions. These Terms and Conditions, together with all other terms and conditions made a part hereof by reference, constitute the entire agreement between Attune and you regarding the Loyalty Program, and replace any other understandings or agreements (whether oral or written) regarding the Loyalty Program. If a court finds any of these Terms and Conditions to be unenforceable or invalid, those terms and conditions will be enforced to the fullest extent permitted by applicable law and the other Terms and Conditions will remain in full force and effect.
12. Sponsor: Attune Foods, LLC., 2545 Prairie Road, Eugene, OR 97402