Customer Rewards

Reward Program Rules

By registering for the Anderson’s Customer Rewards Program (“Program”), you acknowledge and agree to be bound by all of the terms and conditions (“Terms”) stated herein. If you do not agree to be bound by these Terms, do not register for the Program. Rewards may be redeemed for merchandise only available through Taymark, Inc. d/b/a Anderson’s Elementary School, Anderson’s High School, Anderson’s Middle School, and Anderson’s Preschool Early Childhood (collectively hereinafter referred to as “Anderson’s). Anderson’s reserves the right to modify or terminate the Program at any time and in any manner, in whole or in part, as outlined below, even though such changes may affect the redemption of the Rewards already accumulated or the availability of redeemable merchandise. You agree that you will review these terms periodically and that you shall be bound by these terms and any modifications hereof.

Eligibility

Membership in the Program is only open to individuals who are U.S. residents who are at least 18 years of age as of the date of enrollment and have the capacity to enter into a binding contract. Communications about the Program, including any changes, will be communicated by email or on www.anderson’s.com/rewards. You specifically agree to provide and maintain a valid email address and to keep Anderson’s informed of any changes to your email address.

Membership

To set up a rewards account (“Account”), you must register at www.andersons.com (“Anderson’s Website”). You must enter your first name, last name, email address, password, complete address, and any other information in the registration form. While registering, you must accept these Terms. Your membership is nontransferable and is subject to present and future Program Terms. You agree to receive operational communications about the Program, as well as optional advertising and marketing material from Anderson’s.

Participation in the Program is subject to these Terms, as well as policies and procedures that Anderson’s may adopt or modify from time to time. Any failure to abide by these Terms or any policies or procedures implemented by Anderson’s, any conduct detrimental to Anderson’s, any misrepresentation or fraudulent activities in connection with this Program, or any failure to act in a manner consistent with federal, state, provincial, or local laws, regulations, or ordinances, may result, in addition to any rights or remedies available to Anderson’s in law or equity, in the termination of your membership in the Program, as well as forfeiture of any Rewards accrued to date, and any other benefits earned in connection therewith, in Anderson’s sole discretion.

Privacy

Please review our Privacy Policy at http://www.andersons.com/Privacy-Policy which governs the Program to understand our practices in connection with the use and protection of your personal information.

Rewards

As a member of the Program, for every dollar you spend with Anderson’s, excluding refunds, returns, unauthorized transactions, taxes, shipping, and delivery charges (“Net Purchases”) on qualifying purchase (see “Non-Qualifying Purchases”) you will earn a percent back which can be used on future purchases with Anderson’s (“Rewards”) as specifically set forth in the “My Account” “Rewards” page. Rewards are transferable to other members located in the same school, as approved by Anderson’s. Anderson’s will be issued the Rewards once a year on or before August 1st (“Issue Date”). Rewards may not be used in conjunction with any other offer or promotion toward the purchase of products. Rewards will expire on the June 30th following the Issue Date. Rewards do not constitute property, do not entitle you to a vested right or interest, have no cash value, and no change will be given for Reward redemption. Rewards earned may be redeemed only once.

Rewards will be posted to your Account on a timely basis from purchase date, delivery date, or shipment date. You will be responsible for ensuring that your Rewards are properly credited. Any claim for Rewards not credited accurately must be received by Anderson’s within six (6) months of the date of claimed accrual of such Rewards or such Rewards shall no longer be valid or usable.

Rewards may only be redeemed by you if your account is in good standing, as determined solely by Taymark. Other exclusions may apply.

If an item is returned, Rewards will be deducted from your Account equal to the amount of Rewards earned for the applicable amount of that purchase.

Rewards have no cash value. Other exclusions may apply.

Anderson’s shall have no liability for any printing, production, typographical, mechanical or other errors in the Anderson’s Customer Rewards summaries distributed by Anderson’s or for any delay or failure to credit Rewards to your Account.

Anderson’s reserves the right to invalidate Rewards from your Account if it determines in its sole discretion that such Rewards were improperly credited to your Account or were obtained fraudulently or otherwise in violation of these Terms and the final calculation of all Rewards shall be in Anderson’s absolute and sole discretion and no audit rights are provided to you under this Program. Anderson’s reserves the right to delay the processing or redemption of any Rewards without notice, in order to assure compliance with these Terms.

Non-Qualifying Purchases

The following items are considered non-qualifying purchases for which Rewards will not be awarded: purchases made with Rewards, sales tax, state fees, shipping charges, delivery charges, service charges, restocking fees, samples, other excluded charges, and certain items that are excluded in a particular promotion.

Non-Qualifying Redemptions

In no event can the Rewards redeemed in any order exceed twenty five percent (25%) of your merchandise order pre-tax.

The following items are considered non-qualifying redemptions for which Reward may not be redeemed: purchases made for resale, sales tax, state fees, shipping charges, delivery charges, service charges, and such other purchases as Anderson’s may specify from time to time.

Modification to, Termination, or Expiration of Program or Reward Points Structure Membership in the Program is offered at the discretion of Anderson’s and Anderson’s reserves the right in its sole discretion to modify the Terms, Rewards structure of redemption values, benefits, reward levels, conditions of participation, rules for issuing, redeeming, retaining, using, or forfeiting Reward, or any other aspect of the Program, in whole or in part, at any time, with or without notice, even though such changes may affect the redemption value of the points already accumulated. You understand that the most recent version of the Terms will be located at the Anderson’s Website. Your continued use of the Program following the posting on the Anderson’s Website will indicate your acceptance of any modification to the Terms hereof. You may object to the modification to the Program and/or its Terms by no longer participating.

Resellers

Resellers are specifically excluded from the Program. If you purchase items for resale, we reserve the right not to award Rewards, and to deduct improperly awarded Rewards.

Member Communications

You may view your Rewards activity online at Anderson’s.com. For information about your account, contact Anderson’s Customer Service with your account number. You can also contact us by mail at: Andersons P.O. Box 1151 Minneapolis, MN 55440-1151, by email at: andersons.com, or by phone at: 1.800.328.9640

Limitation on Liability

IN NO EVENT SHALL ANDERSON’S BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES AND ANDERSON’S TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

Disclaimer of Warranties

Anderson’s makes no warranty of any kind regarding the Program, which is provided on an “as-is” and “as-available” basis. Anderson’s expressly disclaims any representation or warranty that its program will be error-free. Anderson’s further disclaims any warranty as to the accuracy, completeness and timeliness of any content, information, or Reward calculation distributed with respect to the Program. Anderson’s expressly disclaims 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.

Taxes

Determination and payment of tax liability on awards, including income tax, if any, are the sole responsibility of you.

General Information

The Anderson’s Reward Program is brought to you by Taymark, Inc. d/b/a Anderson’s Elementary School, Anderson’s High School, Anderson’s Middle School, and Anderson’s Preschool Early Childhood Program. Rules are void where and to the extent prohibited by law.

This Agreement shall be deemed to have been negotiated, made and entered into in the State of Minnesota and any and all performance hereunder, or breach thereof, shall be interpreted, governed and construed pursuant to the laws of the State of Minnesota without reference to its choice of law provisions. The parties hereto hereby acknowledge and consent to personal jurisdiction and venue exclusively in Nicollet County, Minnesota (in a federal or state court of competent jurisdiction) with respect to any action or proceeding brought in connection with this Agreement. These Terms constitutes and contains the entire agreement between the parties with respect to the subject matter herein, supersedes all prior written or oral understandings and agreements relating thereto, and may not be changed, modified, amended or supplemented. All terms and conditions of this Agreement that would, by their nature, survive the expiration or termination of this Agreement, shall so survive.