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                                                  FRESH Rewards Programme Terms and Conditions 

These terms and conditions (“Terms”) set out the basis upon which a person who completes and submits a registration form for membership of the FRESH Rewards  Club (a “Member”) may receive certain benefits and services. 

1. The promoter of FRESH Rewards  (the “Club”) in the Republic of Ireland is Fresh Opportunities Ltd, Fresh the Good Food Market, Unit 5, Block 5, Smithfield, Dublin 7.

2. The FRESH Rewards Club cards and key cards are issued by FRESH stores and remain the property of FRESH OPPORTUNITIES. The FRESH Rewards Club cards and key cards must be surrendered if so requested for any reason. If found please return to any FRESH store. 

3. We reserve the right to alter, suspend or terminate the programme and to alter these Terms where reasonably necessary at any time without prior notice. The current version of these Terms will be available on the FRESH website (www.freshthegoodfoodmarket.ie). 

4. A person may not hold more than one Club membership. Your Club membership may be suspended or terminated at any time if you breach these Terms or if we, at our sole discretion, believe there are any other reasonable grounds for doing so. 

5. You must present the FRESH Rewards card/ key card or app at the checkout in FRESH stores during each transaction to maximise potential reward opportunities. Rewards cannot be exchanged for cash. 

6. Our decision shall be final and binding on all parties in all matters regarding the FRESH Rewards  programme. 

7. We welcome customers of all ages to apply for Club membership. We will not, however, send details of any offers electronically to Members under 18 years of age. It is the responsibility of all applicants to be truthful and honest in respect of all details provided in their application, particularly in relation to their date of birth. This is to ensure that we fully comply, amongst other things, with our data protection obligations and corporate social responsibility policies. 

8. You may upload money to your FRESH Rewards Club card or key card in a FRESH store in order to use the card or key card as a pre-pay facility. When used as a pre-pay facility or for any other reason in which money is uploaded to the FRESH Rewards Club card or key card you must treat such card or key card as cash. You are responsible for all risks of misuse and unauthorised use of your card or key card. Neither we nor the relevant FRESH retailer will accept any responsibility whatsoever for any loss resulting from cards or key cards being stolen, mislaid, misused etc. In such an event it is your responsibility to notify, at the earliest possible time in writing, the FRESH store in which the money was uploaded to the FRESH Rewards Club  card or key card, who will then take all reasonable steps to ensure that any financial loss is minimised. 

9. In the event that a card or key card is stolen, lost or damaged etc, replacements are available from your local FRESH store. The replacement card or key card must then be activated with your details. Visit www.freshthegoodfoodmarket.ie for details on registering a new card or key card against details already submitted. Alternatively you should request a card number change form in your local FRESH store. 

10. FRESH Rewards cards and key cards are non transferable and may only be used by the relevant Member or a person in the Member’s immediate family. All electronic communications of offers are intended solely for the benefit of the relevant Member. 

11. FRESH Rewards cards and key cards may be used at all FRESH stores in the Republic of Ireland. Some Club offers will be available only in the FRESH store in which you registered, where that FRESH store makes available offers in addition to those generally available at all FRESH stores. Also, since every Member is unique, variable offers may be made available to customers of the same store. 

12. If you change your email or mobile phone number, you can adjust your contact details by visiting www.freshthegoodfoodmarket.ie or by notifying your local FRESH store. 

13. Communications of offers and rewards to Members (except those on open display in FRESH stores) will be via email and/or webtext. If we do not have your current details, we will not be able to send you this information. Technical issues and human error may also restrict transmissions. In such events neither we nor any FRESH store will bear any responsibility whatsoever for any loss resulting from the non communication of Club offers or rewards. 

14. All Club offers must be availed of within any time periods specified. All rewards are subject to availability and may be withdrawn or altered. 

15. Purchase records relating to the calculation of linked offer rewards will expire after a 12 week period unless otherwise stated. 

16. Member quotas may apply. 

17. You will receive an email or text to notify you when your FRESH Rewards Club card and key cards has been fully activated. We will send you this initial communication by email or text, even if you have indicated that you do not wish to receive communications of offers or rewards via email or text. This initial welcome communication will contain a computer-generated password so that you can access the Club area at www.freshthegoodfoodmarket.ie. This is a temporary password only, and all customers are advised to change it on-line to a more secure personal password. 

18. These Terms and your registration form contain the entire agreement between you and us in relation to the FRESH Rewards programme. Except as expressly set out in these Terms, to the greatest extent permitted by law all warranties, conditions, representations, undertaking, statements, terms and provisions express or implied by statute, common law or otherwise are excluded by us. 

19. Exclusive Member-Only Draws:

A. To participate in an exclusive Member-only draw (a “Draw”), a person must: 
1. Be a member of the FRESH Rewards and have a fully registered FRESH Rewards Club  card.
2. Satisfy the other criteria set out in this Clause 19 and the other provisions of these Terms. 
3. Be over 18 years of age. 

B. Draws may be operated from time to time for the benefit of Members. When operational, Members shall be entered automatically into a prize draw each time they shop at a FRESH store and their fully registered FRESH Rewards Club card is swiped at the checkout when making a purchase of eligible goods.

C. Members will be notified in-store when a Draw is operational in that FRESH store and of the prizes available, the duration and any specific terms applicable to the Draw. Members may also be notified electronically of such information via email and/or text. If a Member has opted out of communications via email and/or text, then no such electronic notification will be provided.

D. Qualifying Members will receive one entry per Euro spent (or part thereof) on eligible goods purchased at FRESH stores during the timeframe of any Draw. Members will only be entered into a Draw for the period in which their qualifying purchases are made - i.e. if a Draw consists of a series of monthly draws, then a Member will only receive entries for a specific month if they make qualifying purchases in FRESH stores during the relevant month. For example, if a Member spends €100 on eligible goods in FRESH stores during a calendar month, the Member will receive 100 entries into that month’s draw. 

E. Tobacco products, phone top up/ phone cards, all lottery products, baby formula under six months, gift vouchers, savings stamps and vending machine purchases are not eligible goods for the purpose of Draws. Purchases of such goods will not be taken into account when calculating the number of entries to be allocated to a Member in any particular Draw.

F. For new Memberships created during the operation of a Draw, a new Member will not receive entries into the Draw in connection with qualifying purchases made in accordance with this Clause 19 unless and until their FRESH Rewards  Club card has been fully registered.

G. For each Draw, prize winners will be selected at random by a computer-generated process.

H. All communications with Members relating to Draws will be by email and/or text only. Members will be notified as soon as practicable after the computer-generated draw process via email and/or text in the event that they have won a prize. Details of the prize and any associated terms and conditions will be provided in these electronic communications. If a Member opts out of receiving FRESH Rewards  communications via both email and text then no electronic notification will be provided to the Member. A notice will be publicly displayed for a period of time not less than one week in all FRESH stores notifying Members of all prize winners and any associated terms and conditions.

I. Prize-winners must contact management in the relevant FRESH store to claim their prize. Prizes may be cancelled or reallocated after 28 days, if unclaimed.

J. Neither the promoter nor any FRESH store accepts any responsibility whatsoever for any loss or damage as a result of the non-ability to notify Members electronically or otherwise of the existence of any Draw or that they have won a prize. Members can decide to opt in to receiving texts and/or email at any time by logging onto the Members website via www.freshthegoodfoodmarket.ie and updating their personal records in the Membership Manager area. Members are advised to consult the manager in any FRESH store in the event that assistance is required in this regard.

K. A prize cannot be substituted by a participant in a Draw for any other alternatives.

L. It is the responsibility of each participant in a Draw to ensure that their correct and current details, including full name, email address and/ or current contact mobile number are registered with their FRESH Rewards  account.

M. The promoter’s decisions regarding the results of a Draw and prize allocations will be final and binding on the participants and no correspondence will be entered into in relation to the same.

N. No responsibility is accepted for entries made fraudulently.

O. The promoter is not responsible for any technical issues, system or software failures encountered on or during entry into any Draw. No responsibility can be accepted for entries which are not received/ recorded for any reason. 

P. The promoter accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by a participant as a result of participation in a Draw or accepting a prize.

Q. Winners may be required to participate in reasonable related publicity without further recompense. Images of winners may be used in promotional materials, unless they notify the promoter that they do not consent to such use of their personal information.

R. A full list of winners and prizes can be made available on request. In the interest of privacy, some Member details will be withheld.

S. The promoter reserves the right to cancel any Draw activity at any stage if deemed necessary in its opinion or if circumstances arise outside of its control. 

T. The provisions set out in this Clause 19 relating to Draws may be supplemented by additional terms applicable to a specific Draw which may be notified to Members in accordance with this Clause 19. In the event of any inconsistency between these Terms and any such additional terms applicable to a specific Draw, unless expressly stated otherwise in such additional terms, these Terms shall prevail.

20. These Terms shall be governed by and construed in accordance with Irish law and any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the Irish courts. 

Data Protection and Privacy Statement: Personal details that you supply during the registration process or that we obtain through your use of your FRESH Rewards  Club card or key card will be held by Lorgan Technologies Ltd (trading as Payback Loyalty Systems) on behalf of FRESH Opportunities Ltd in strictest confidence and in compliance with all applicable legal and regulatory requirements. We may use such personal details for the purposes of understanding and profiling your shopping habits, helping us to manage and improve the Club programme, managing and promoting Club competitions and draws, enhancing our overall service to you and (unless you indicate otherwise) sending you details of offers and rewards that are available to you. Specified information must be made available by you in order to receive communications of offers and rewards. No personal data will be divulged except to authorised third parties who process or manage information relating to the Club on our behalf or to promote and publicise Club competitions and draws. We will not use data provided by anyone under 18 for any purpose other than to identify them as Members of the Club so that they can avail of in-store offers available to all Members (excluding age restricted products or services). You have the rights, subject to certain exceptions, to access or rectify any personal data we hold about you. To exercise these rights please submit a written request to the FRESH Consumer Rewards Programme Manager, FRESH the Good Food Market, Unit 5, Block F, Smithfield Dublin 7. You can opt out of the use of your data for marketing purposes at any time by changing your preferences on line or by requesting in writing to the above address. Our current Data Protection and Privacy Statement provisions are always available on the FRESH website.

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