Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
By accessing or using the Smoothie King Healthy Rewards Program (the “Program” or “Healthy Rewards Program”), you agree to be bound by all the terms and conditions set forth herein or incorporated by reference. These provisions govern participation in the Program and it is the member’s responsibility to read and understand all of them. Smoothie King Franchises Inc. (“Smoothie King”) may change the program rules, conditions, benefits, or awards pertaining to the Program at any time without notice. Any changes or modifications will be effective immediately upon posting the changes to www.smoothieking.com or within the Smoothie King mobile application, and you waive any right to receive specific notice of such changes or modifications. If you do not agree to all the terms, do not participate in this program.
- These Terms and Conditions May Change. Smoothie King may, among other things: change earning ability, withdraw, limit, modify, or cancel any award; increase the point requirement to redeem any reward; and/or modify or regulate the transferability of Program points or benefits. No retroactive Program points or benefits will be awarded.
- Enrollment in Healthy Rewards Program. To enroll in the Program and become a Healthy Rewards Program Member (“Program Member”), download the Smoothie King mobile application on the Apple App Store or on Google Play and create an account using a valid email address. You must complete all non-optional fields, including name, birth date, and phone number.
- Eligibility. Program Members must be a legal resident of the fifty (50) United States or District of Columbia and be at least 18 years of age and the age of majority in their state of residence. Individuals are only eligible to have one Healthy Rewards Program membership. Memberships cannot be shared of combined by more than one person. Corporations, associations, or groups cannot enroll in the Healthy Rewards Program. Smoothie King reserves the right in its sole discretion to accept or deny any request to participate in the Program.
- Program Point Accrual. Program Members earn 100 Program Points for every $1.00 spent up to $100.00 per day at a participating Smoothie King location when the Program Member scans the Program Member’s code at checkout, places an order at a participating Smoothie King location via the Smoothie King mobile application, or provides their Healthy Rewards Program phone number at checkout. Champion Members (as defined in these Terms and Conditions) earn 125 Program Points for every $1.00 spent up to $100.00 per day at a participating Smoothie King location when the Champion Member scans the Champion Member’s code at checkout. A single Program or Champion Member may accrue Program Points only on the first $100.00 spent per day. Accounts must remain open and in good standing to qualify for all awards of Program Points. All determinations regarding the standing or eligibility of an account shall be made at the sole discretion of Smoothie King. Program Points have no cash value and cannot be converted to cash. It may take up to 48 hours for Program Points to post to Program or Champion Member’s account.
Once a Program Member accrues 2,500 points, the points are automatically converted to a $2 reward (a “Program Reward”) credited to the member’s Program account. Each Program Reward is valid for 60 days from the date of accrual and may be used only one time. It may take up to 48 hours for Program Points to convert to a Program Reward. Program Rewards can be saved and used together, provided each Program Reward is used before its expiration; saving a Program Reward will not extend its expiration date. Program Rewards can be designated “saved” on the Smoothie King mobile application. Program Rewards are redeemed by scanning the Program Member’s account at checkout; any Program Rewards not designated “saved,” will be automatically redeemed upon scanning the member’s code.
- Championship Member Status. A Program Member automatically will become a Champion Member if the Program Member accrues 35,000 Program Points at participating Smoothie King locations within a 12-month period. Each Program Member is eligible for Champion Member status. Champion Member status is valid for 12 months from the date Champion Member status was achieved unless the Champion Member's account becomes inactive pursuant to these Terms and Condi. In order to maintain Champion Member status beyond the initial 12-month period, the Champion Member must spend $350.00 during the subsequent 12 months at participating Smoothie King locations. By way of non-limiting example, a Program Member who accrues 35,000 Program Points on March 18, 2022, automatically will become a Champion Member and will remain a Champion Member until March 18, 2023; in order to maintain Champion Member status for another year, the Champion Member must spend at least $350.00 at participating Smoothie King locations between March 18, 2022, and March 17, 2023. If the Champion Member fails to spend $350.00 at participating Smoothie King locations before the deadline to maintain Champion Member status for another year, the Champion Member automatically will be converted to a Program Member. In addition to the $2 Program Reward received for every 2,500 points accrued, Champion Members receive for their birthday, one (1) free 20 ounce smoothie up to a $7.00 value (the “Birthday Reward”). The Birthday Reward automatically will be added to the Champion Member’s account three (3) days before the Champion Member’s birthday and is valid for 30 days from the date it was added to the account.
- Expiration of Program Points and Active Account Status. Any Program Points accrued up to 2,499 that do not convert to a $2 Program Reward will expire on a rolling 12-month basis. If a Program or Champion Member fails to accrue the additional Program Points necessary to receive a $2 Program Reward and all of the Program or Champion Member’s accrued Program Points expire, the Program or Champion Member’s account will be considered inactive. During the time the account is inactive, the former Program or Champion Member will not accrue Program Points on any purchases after the date the Program Member’s account becomes inactive unless the Program Member reactivates the account. An account can be reactivated by scanning the Healthy Rewards mobile application at checkout at a participating Smoothie King location, placing an order at a participating Smoothie King location via the Smoothie King mobile application, or providing their Healthy Rewards Program phone number at checkout at a participating Smoothie King location. If a Program or Champion Member has no Program account activity whatsoever for a period of 12 months, the account automatically will be removed from the Program, closed, and any remaining points will be expired. In the event an account is removed from the Program, a former Program or Champion Member wishing to reactivate their account will need to sign up for a new Healthy Rewards Program account via the Smoothie King mobile application. Any Program or Champion Member may proactively deactivate their account on the mobile application by sending a request to firstname.lastname@example.org. A Program or Champion Member must maintain an active, valid email address to keep their Program account active. If a Member opts out of receiving program emails, the Member’s account will no longer be active and all Program Points and Program Rewards will be forfeited sixty (60) days after the account ceases to be active. If a former member wishes to be a member in the Program after the former member’s account becomes inactive, the former member must create a new Healthy Rewards Program account.
- Limitations on the Redemption of Program Rewards. Program Rewards may not be combined with any other offers or promotions and may not be used on $1 Up Fridays, though Program Points will accrue on any purchases made on $1 Up Fridays.
- Program Points and Rewards are Non-Transferrable. Program Points and Program Rewards are for the Program or Champion Member’s benefit only and are not transferrable to another person for any reason including divorce or inheritance. The sale or barter of Program Points or Program Rewards other than by Smoothie King is prohibited. Program Points or Program Rewards that have been transferred, sold, or assigned for such purposes may be confiscated or cancelled. Accrued Program Points and Program Rewards do not constitute property of the member.
- Account Information. You may view your membership activity on the Smoothie King mobile application.
- Termination of Program. The Healthy Rewards Program may continue until such time as Smoothie King at its sole discretion elects to designate a program termination date. Smoothie King has the right to end the Healthy Rewards Program by providing written notice to then active Members sixty days in advance. All Program Points or Program Rewards points in any member’s account will be forfeited sixty (60) days after the written notification.
- Termination of Membership. Smoothie King may discontinue membership for any Program or Champion Member who acts in an abusive manner or in a manner inconsistent with local, state or federal laws. Discontinued membership under this Section will result in the immediate loss of all accumulated Program Points and Program Rewards and the Healthy Rewards Program account will be closed. Smoothie King also reserves the right to deny future membership if Smoothie King deems your conduct to violate these Terms and Conditions. Our failure to insist upon or enforce your strict compliance with these Terms and Conditions will not constitute a waiver of any of our rights.
- No Warranty. The program is provided “As Is,” “As Available,” and without any warranty of any kind. Smoothie King does not guarantee the quality, completeness, timeliness, or availability of the Program, including the Mobile Application. Smoothie King does not warrant that the Program or the Mobile Application will be uninterrupted or error free, that any defects in the Program or the Mobile Application will be uninterrupted or error free, that any defects in the Program or the Mobile Application will be corrected, or that the Program, the Mobile Application, or the servers, telephone networks or lines, computer online systems, or providers that make the Mobile Application available are free of viruses or other harmful conditions or components. Smoothie King is not responsible for any typographical errors on the Mobile Application.
To the maximum extent permitted by law, Smoothie King, on behalf of itself and its suppliers and franchisees, expressly disclaims all warranties of any kind with respect to the Program and the Mobile Application, including those regarding the availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards or user requirements, title, and noninfringement. Smoothie King has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.
Your participation in the Program and use of the Mobile Application is at your own risk and you, alone, are responsible for any damages to your computer or mobile device hardware, software, systems, and networks, any loss of data that results from the download of the Mobile Application or of any information from the Mobile Application, and for any other damages that may be incurred. We make no representation that the Mobile Application is appropriate or available for use in locations other than the United States. If you choose to access the Mobile Application from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations. No advice or information, oral or written, obtained by you from Smoothie King or in any manner from the Program or the Mobile Application creates any warranty.
- Limitation of Liability. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL SMOOTHIE KING FRANCHISES INC. OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDIVIDUAL FRANCHISE OWNERS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT YOU SPENT ON QUALIFYING PURCHASES IN THE MOST RECENT TWELVE-MONTH PERIOD. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Dispute Resolution. In consideration for participating in the Program, except for intellectual property claims, you agree that if you have a dispute with Smoothie King Franchises Inc. about the program, you will try to resolve the dispute through negotiation with Smoothie King. If agreement cannot be reached through negotiation, you agree to seek resolution on an individual basis only through binding arbitration in the State of Texas and that the laws of the State of Texas will govern the substantive resolution of the matter. If for any reason a claim proceeds outside of binding arbitration, the laws of the State of Texas will govern.
- Intellectual Property Rights. The Program, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Smoothie King and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Smoothie King or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Program may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms and Conditions, no licenses or other rights, express or implied, are granted by Smoothie King to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Smoothie King.
- Assignment. Smoothie King may assign its rights and delegate its duties under these Terms and Conditions at any time to any party without notice to you. You may not assign these Terms and Conditions.
- Electronic Communications. These Terms and Conditions and any other documentation, agreements, notices, or communications between you and Smoothie King may be provided to you electronically, including via the mobile application, to the extent permissible by law.