&Rewards is a loyalty program (the “Program”) offered by Kum & Go, L.C. to its customers. In conjunction with the Terms of Use that generally apply to Kum & Go website and mobile applications found here, additional terms and conditions relating to the “Program” are provided herein.These terms and conditions form the agreement (the “Agreement”) between each customer that participates in &Rewards (the “Participant”) and Kum & Go and its participating affiliates (collectively “Kum & Go”) with respect to the Program.

Minimum Requirements for Participation in the Program. All Participants must agree to, and fully comply with, these terms and conditions,all Program rules and regulations, any applicable sweepstakes rules and be at least 13 years old or older to be eligible to participate in the Program. Additional requirements apply if you wish to utilize an &Rewards℠ Debit Card, and these additional terms and conditions can be found in the cardholder agreement. Program account holders will only be allowed to have one active account for the program. Additional requirements shall apply for participation in Kum & Go sweepstakes as described hereinafter. In addition, all Participants agree to comply with all applicable laws relating to their participation in the Program. In the event a Participant does not comply with the terms and conditions herein all Program rules and regulations, and applicable laws, said Participant will no longer be eligible to participate in the Program and all accrued rights and privileges under the Program will be forfeited effective as of the date and time of non-compliance. Kum & Go reserves the right to disqualify Participants who have violated any of the Program terms and conditions. Participant agrees that Kum & Go, L.C. (“Kum & Go”) may take any and all action that it deems necessary or expedient to ensure compliance and the integrity of its Program.

Changes to the &Rewards℠ Program. Kum & Go reserves the right to change, at any time and for any reason, (1) these terms and conditions, and (2) any and all terms and conditions of the Program, including the right to suspend, modify, and/or terminate the Program, or certain aspects of the Program, at Kum & Go’s sole discretion. In addition to potential changes to the structure and nature of the Program, changes to the features and benefits of the Program will definitely occur from time to time, and often these Program changes may be communicated in a variety of ways, including communication on a mass marketing basis that is not specific to a participant (e.g., website, signage at participating Stores, media advertisements, text messages for which data and messaging rates may apply,emails, etc.). In addition, some promotions and offers may be made available to some but not all Participants (e.g., coupons for candy items may be sent to those account holders that frequently buy candy but not to account holders that do not).

No Warranties/Indemnity. While it’s our hope that our customers benefit greatly from the Program, KUM &GO MAKES NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE PROGRAM, OUR WEBSITE, MOBILE APPLICATIONS, AND/OR THE BENEFITS OR REWARDS AVAILABLE THROUGH THE PROGRAM. THE PROGRAM, AS IT EXISTS FROM TIME TO TIME, IS PROVIDED “AS IS” AND WITH ALL FAULTS. YOU AGREE THAT KUM & GO SHALL BE IN NO WAY LIABLE TO YOU (OR ANYONE CLAIMING THROUGH YOU) FOR YOUR USE OR ATTEMPTED USE OF THE PROGRAM, THE WEBSITE, OR ANY OF KUM & GO’S MOBILE APPLICATIONS, UNLESS SUCH FAILURES WERE (I) WITHIN OUR SOLE CONTROL, (II) WERE CAUSED SOLELY BY OUR GROSS NEGLIGENCE, AND (III) SUCH LIABILITY IS NOT FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST POINTS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER SYSTEMS OR LOSS OF ANY DATA. MOREOVER, THE MAXIMUM LIABILITY OF KUM & GO TO ANY ACCOUNT HOLDER UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED $100, AND YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS IS YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY.

Excluded Items. Unfortunately because of applicable laws and other limitations, Kum & Go cannot provide discounts on certain items. The list of items excluded from the Program may change from time to time. Please see the FAQs on the Kum & Go &Rewards website and or the Kum & Go mobile applications for the specific list of excluded items.

Expiration of Points. Qualifying purchases under the Program will entitle Participants to “points.” In addition, various “rewards” will be granted to Participants upon accumulation of certain number of points and/or via Program promotions. Participants must register the Program &Rewards cards to claim rewards and such registration must be done within 60 days of points earning activity on a card. Any points accumulated on a card prior to its registration will expire and be forfeited if the card is not registered after 60 days of last points earning on card. After registration accumulated points expire twelve (12) months from the date of acquisition of those points. Rewards granted to Participants under the Program expire thirty (30) days from the grant of the reward. Participant hereby acknowledge that Kum & Go has no liability to Participant for failure to use points or to claim rewards.

Birthday Reward. To qualify for the Birthday Reward, you must be a registered member of &Rewards at least one (1) day before your birthday and have made at least one points-earning transaction using your registered &Rewards card. Your Birthday Reward will be automatically added to your account the morning of your birthday. Birthday Rewards expire 30 days after being issued and are valid on your choice of: 1) Any Size Fountain Drink or Koolee, 2) Any Size Hot Coffee or Cappuccino, 3) Breakfast Sandwich, 4) Bakery item (i.e. donut, muffin, cookie, etc) or 5) Pizza Slice. You will receive only one (1) Birthday Reward regardless of the number of &Rewards cards that you have registered to your account.

Kum & Go Sweepstakes. Kum & Go will sponsor or offer through 3rd party sponsors various sweepstakes (“Sweepstakes”). Sweepstakes are only open to Participants 18 years of age or older. By becoming a Participant in the Program, Participant agrees to any and all Sweepstakes rules found on the Kum & Go website. Void where prohibited by law.

Data Collection. Kum & Go will be collecting personal data about Participant. Personal data includes: name, address, e-mail, daytime telephone numbers, and purchase(s) made. Please review the Privacy Policy for details on the information and privacy practices of Kum & Go. By participating in the Program, Participants hereby agree to all personal information uses and disclaimers as explained in the above noted privacy policy. By participating in the Program, Participants hereby grant to Kum & Go an irrevocable right, without further compensation, to use the information, photographs, and personal data provided to Kum & Go, singularly or in conjunction with information, photographs, and personal data provided by other entrants, for advertising, publicity, commercial or other business purposes. Participants further hereby release Kum & Go from any liability whatsoever relating to Kum & Go’s use of information, photographs, or other personal data provided to Kum & Go by entrant in connection with their participation in the Program.

Limitation of Liability. Kum & Go is not responsible for printing or typographical errors in any Program- related materials. Kum & Go does not assume any responsibility for any technical problems in conjunction with transmission or receipt of entry including faulty electronic data transmission, traffic congestion on the Internet or on any website, hardware or software, equipment failure or malfunction, or other online communications problems. Use of the Kum & Go’s website, &Rewards program, or any of their social media sites (hereinafter collectively “Websites”) is at user’s own risk. Kum & Go is not responsible for any damage or losses of any kind that may be sustained to user's or any other person's computer resulting from participation in the Program, use of the Websites or the download or transmission of any information to or from the Websites. Kum & Go reserves the right to cancel, suspend or modify the Program if fraud or technical failures compromise the integrity of the Program as determined by Kum & Go at its sole discretion. Kum & Go reserves the right, at their sole discretion, to terminate any Participant from the Program.

Arbitration/Choice of Law. Participants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the American Arbitration Association, then effective; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event attorney’s fees; and (c) under no circumstances will the Participant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, and Kum & Go in connection with the Program shall be governed by the laws of the State of Iowa, without regard to conflicts of law principles or rules, and all proceedings shall take place in Des Moines, Iowa.

Sponsor: Kum & Go, L.C., an Iowa Limited liability company, 6400 Westown Parkway, West Des Moines, Iowa 50266.

Kum & Go Owned Information. Along with the disclaimers made regarding Kum & Go’s intellectual property rights in its Website’s Terms of Use, the Program (and its service mark &Rewards) is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. All of Kum & Go’s names, logos, service marks and trademarks may not be used by you in any manner without the prior written consent of Kum & Go.

Entire Agreement. These Terms and Conditions, the Website Terms of Use, the Privacy Policy, any Sweepstakes rules provided for on the Kum & Go website and, as to Program Participants with an &Rewards℠ Debit card, the &Rewards℠ Debit Card Terms and Conditions, constitute the entire agreement between Kum & Go and Participants with respect to use of the Program. Any cause of action with respect to use of the Program must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.