Evergreen Market Loyalty Program
Evergreen Market, Inc. (“Evergreen Market,” “we,” “our,” “us”) is pleased to welcome you to the Evergreen Market’s Loyalty Program (“Loyalty Program”). These terms and conditions (“Loyalty Program Terms”) govern your access, participation, and use of the Loyalty Program, and any affiliated points or rewards.
Evergreen Market may change, amend, suspend, cancel or terminate any aspect of the Loyalty Program and the Loyalty Program benefits in whole or in part, at any time, for any or no reason. Notice of changes will be posted on the Evergreen Market website and will be effective when posted. See section 3 for information on Loyalty Program points, how to use them, and when they will expire. If you do not agree to the Loyalty Program Terms, you may not participate in the Loyalty Program.
Evergreen Market may suspend or terminate your ability to use the Loyalty Program without notice if Evergreen Market determines that you have violated the Loyalty Program Terms.
- Eligibility for Membership
The Loyalty Program is available to individuals who are 21 years of age or older and who enroll in the Loyalty Program. Corporations, other entities, other excluded individuals per Evergreen Market policy and management discretion cannot become Loyalty Program members. Points earned by employees are governed by Evergreen Markets’ separate arrangement with those employees.
- Membership Enrollment
Eligible individuals can enroll in the Loyalty Program and create a Loyalty account (“Loyalty Account”) in one of the following ways:
- Click here to create a Loyalty Account;
- Visit the Evergreen Market website located at www.theevergreenmarket.com; or
- In person at one of our retail locations.
To create a Loyalty Account, you must provide, at a minimum, your full name and phone number and other information requested in the registration form. Except as permitted by these Loyalty Program Terms, your Loyalty Account is personal to you and may not be sold, transferred or assigned to, traded, bartered, or shared with family, friends, or others. You may only have one Loyalty Account.
As a part of the Loyalty Program, Evergreen Market may send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of text, email, and/or any other ways you may have selected when you enrolled in the Loyalty Program. Evergreen Market will only text you if you provided consent to those messages during the enrollment and consent process.
- Program Points and Rewards
Members can receive and earn points towards rewards by making qualifying purchases (which are those purchases from participating Evergreen Market locations that are made in person) and providing Loyalty Account information at the time of sale at participating Evergreen Market locations.
Members receive one point for every qualifying dollar spent.
Points may be redeemed for discounts on future purchases at participating Evergreen Market locations. To the extent permitted by applicable law, points can be redeemed for the following discounts:
200 Points = 10% off
400 Points = 20% off
500 Points = 25% off
1000 Points = 30% off
Exclusions apply, and some purchases are not eligible for discounts using points, such as items on sale. To ensure proper recording of Loyalty Program benefits, each member is responsible for properly providing Loyalty Account information upon purchase. You may not accrue points if your Loyalty Account is used by another unauthorized individual. Loyalty Program points have no cash value.
Points will expire after 12 months of inactivity. Inactivity is defined as not making a purchase. If we end the Loyalty Program, points you have earned but not used will expire on the end date, and you may not redeem any points or use any credits after the end date.
- Third Parties
Evergreen Market is not responsible for products or services offered by other companies that may participate in benefits, offers, or special promotions provided to members. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials.
- Violation of these Terms
Evergreen Market reserves the right to terminate your Loyalty Account and/or your participation in the Loyalty Program if we determine in our sole discretion that you have violated these Loyalty Program Terms, you used your account in an unauthorized manner, including fraud, misrepresentation, misuse of a Loyalty Account to manipulate accumulation of points, misuse of points or rewards, or if you are barred from Evergreen Market properties or engage in other improper conduct as determined by Evergreen Market. Evergreen Market may subject you, without limitation, to termination of Program Loyalty membership; forfeiture of all of your member benefits including, but not limited to, accumulated points; and appropriate administrative and legal action by Evergreen Market or applicable governmental authorities. In addition, Evergreen Market has the right to take appropriate legal action to recover damages, including its attorneys’ fees incurred in prosecuting or defending any related lawsuit.
- Term and Termination
Evergreen Market may suspend or terminate your membership in the Loyalty Program at any time for any or no reason upon notice to you (or without notice if we have no reasonable means of contacting you) without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
- Waiver and Severability
No waiver by Evergreen Market of a term or condition set forth in these Loyalty Program Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Evergreen Market to assert a right or provision under these Loyalty Program Terms shall not constitute a waiver of such right or provision.
If any provision of these Loyalty Program Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Loyalty Program Terms will continue in full force and effect.
- Limitations of Liability
TO THE EXTENT PERMITTED BY LAW, EVERGREEN MARKET, ITS DIRECTORS, CONTRACTORS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR PARTICIPATION IN THE LOYALTY PROGRAM OR PRODUCTS AFFILIATED WITH THE LOYALTY PROGRAM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE LOYALTY PROGRAM TERMS IS TO STOP YOUR PARTICIPATION IN THE LOYALTY PROGRAM. EVERGREEN MARKET WILL NOT BE LIABLE FOR ANY REASON IF YOU ARE UNABLE TO ACCESS YOUR LOYALTY ACCOUNT OR POINTS AT ANY TIME OR FOR ANY PERIOD.
EVERGREEN MARKET’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE LOYALTY PROGRAM OR THESE LOYALTY PROGRAM TERMS WILL NOT EXCEED $100.
- Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Washington will govern these Loyalty Program Terms and any disputes under them, without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Loyalty Program Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in King County, Washington. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
- Decisions Regarding Interpretation of these Terms
Evergreen Market has sole authority to interpret and administer the Loyalty Program and these Loyalty Program Terms. All Evergreen Market determinations regarding the Loyalty Program and these Loyalty Program Terms and any related disputes are final.
- Entire Agreement
Questions regarding the Loyalty Program, your membership status, and the eligibility of earning points should be directed to Marketing@TheEvergreenMarket.com.
Effective Date: December 6, 2022