Last Updated: October 3, 2023

These Bobo’s Rewards Program Terms and Conditions (these “Terms”) set out the terms and conditions under which the Bobo’s Rewards Program (“Bobo’s Rewards”), which is a customer loyalty program for Simply Delicious, Inc. dba Bobo’s Oat Bars and its subsidiaries and affiliates (collectively, “Bobo’s,” “us,” “we,” or “our”), operates. These Terms apply to and govern Bobo’s relationship with members of Bobo’s Rewards (collectively, “Members,” and individually, a “Member,” or “you”), as well as a Member’s access to, and participation in, Bobo’s Rewards, including how a Member can earn and redeem Bobo’s Rewards points (“Points”).

By creating a Bobo’s account (“Membership Account”) on https://eatbobos.com/ (the “Site”) or otherwise enrolling in Bobo’s Rewards, you agree that you have read and accept these Terms and the Bobo’s Terms & Conditions, which are incorporated by reference herein (collectively with these Terms, the “Agreement”). As incorporated herein, references to the “Terms” in the Bobo’s Terms & Conditions shall be interpreted to mean the Agreement. In the event of a conflict between the Bobo’s Terms & Conditions and these Terms, these Terms will control with respect to Bobo’s Rewards.

CHANGES TO THESE TERMS AND BOBO’S REWARDS 

Bobo’s Rewards are offered at the sole discretion of Bobo’s. All Bobo’s Rewards benefits, offers, and rewards are subject to availability and may be changed by Bobo’s at any time without notice. Bobo’s may terminate Bobo’s Rewards, in whole or in part, with thirty (30) days’ advance notice to all active Members and with less than thirty (30) days’ notice in any jurisdiction if required to do so by applicable law. At Bobo’s sole discretion, Bobo’s may choose to substitute a similar loyalty program for Bobo’s Rewards at any time immediately upon notice to active Members. If Bobo’s Rewards is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Rewards claims will be honored after the conclusion of the notice period.

The Agreement supersedes all previous terms and conditions applicable to Bobo’s Rewards. Except as otherwise expressly prohibited or limited by applicable laws, Bobo’s may at any time amend, modify, or supplement the Agreement, the structure for earning and redeeming Points or Rewards, and any policy, FAQ, or guideline pertaining to Bobo’s Rewards, in whole or in part, at any time and in its sole discretion with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Rewards (collectively, “Changes to Terms”). Members are responsible for remaining knowledgeable of the Agreement and any Changes to Terms. Any Changes to the Agreement will be effective immediately and may be posted to the Site, so please check back from time to time. You waive any right you may have to receive specific notice of any Changes to Terms, and your continued access to or participation in Bobo’s Rewards following any Changes to Terms will constitute your acceptance of any such Changes to Terms.

You agree that we may provide updates, notices, disclosures, and amendments to the Agreement, and other information relating to Bobo’s Rewards by electronic means, including by sending you an email or posting such information and materials online at the Site.

MEMBERSHIP ELIGIBILITY

Bobo’s Rewards is intended for personal use only. Commercial use is prohibited. No business entities, third-party aggregators, organizations, or groups (as determined in Bobo’s sole discretion) may participate in Bobo’s Rewards or receive Points or Rewards. Bobo’s reserves the right to limit participation and enrollment at any time. Bobo’s Rewards is not targeted towards, nor intended for use by, anyone under the age of 18.

Membership in Bobo’s Rewards is free and available to any individual who: (1) is at least 18 years old and possesses the legal authority to agree to the Agreement; (2) resides in a jurisdiction which legally permits participation in Bobo’s Rewards; (3) provides valid and accurate personal information when enrolling in Bobo’s Rewards; (4) is not already a member of Bobo’s Rewards (i.e., does not already have a Membership Account); and (5) has not previously been terminated from Bobo’s Rewards.

Each Member is responsible for reading and understanding the Agreement, their Membership Account statements, and other communications from Bobo’s about Bobo’s Rewards in order to understand such Member’s rights, responsibilities, and status in Bobo’s Rewards. If you have any questions about Bobo’s Rewards or the Agreement, please contact us at info@eatbobos.com.

By signing up for Bobo’s Rewards you acknowledge that you have read our Privacy Policy and understand how Bobo’s collects, uses, and discloses personal information. California residents may review the Section titled “California Notice of Financial Incentive” for more information relating to Bobo’s Rewards.

ABOUT BOBO’S REWARDS

Bobo’s Rewards is one way in which Bobo’s endeavors to reward and thank loyal customers for patronizing our business and purchasing Bobo’s products. Members are able to earn and accumulate Points that can be redeemed for Bobo’s Rewards benefits (“Rewards”) at the Site. At this time, a Member can only redeem Points when purchasing from the Site. Points may not be earned from purchases in retail stores.

EARNING POINTS

The Rewards that are available to you through Bobo’s Rewards are based on the number of Points that you earn. You can earn Points while you have an active Membership Account by completing the activity(ies) specified in a Points offer presented by Bobo’s to you in writing on the Site or otherwise, such as via email (each, a “Qualifying Activity”). Qualifying Activities may change over time, and may include activities such as creating a Membership Account, making a purchase on the Site, referring a friend to the Site, following Bobo’s or sharing Bobo’s content on social media, and celebrating your birthday as an active Member. Please refer to the relevant Points offer for specific details, including the Qualifying Activity required and the number of Points that may be earned.  

Point balances will be available in your Membership Account on the Site. In certain cases, it may take twenty-four (24) hours or more after completing a Qualifying Activity for Points to be available. From time to time, the Site may experience system unavailability or may not otherwise be able to process a Bobo’s Rewards transaction, and Points may not be recorded. Members can contact us at info@eatbobos.com for assistance or to request missing Points. Requests must be received within one (1) year of the applicable Qualifying Activity to receive any credit.

Each Qualifying Activity will earn Points as if the currency were expressed in U.S. Dollars. No currency exchange is applied to the value of any Qualifying Activity for the purpose of determining how many Points you have earned. Points accrued in connection with Bobo’s Rewards are promotional, have no cash value, and cannot be redeemed for cash.

You may not earn Points in connection with certain types of beta or promotional programs, complimentary products, or on other forms of service recovery coupons. Taxes, tips, donations, and fees, including, without limitation, shipping and handling fees, gift wrapping fees, and delivery fees, also may be excluded and ineligible for Point accrual.

POINT EXPIRATION AND MEMBERSHIP ACCOUNT ACTIVITY

Unless otherwise noted, a Member’s Points are valid for twelve (12) months from the date of such Member’s last purchase that constitutes a Qualifying Activity (“Qualifying Purchase”). Each Qualifying Purchase will automatically extend the expiration date of all unused Points in your Membership Account for twelve (12) months from the month of the Qualifying Purchase. If a Membership Account has no Qualifying Purchase activity within a twelve (12) month period, all Points in the Membership Account will expire. Points cannot be reinstated after they have been removed from your Membership Account.

Without notice to you, Bobo’s also reserves the right to unregister or render inactive any Membership Account that has been inactive for twelve (12) consecutive months. Inactivity is defined as no Points earned during such twelve (12) consecutive month period from a Qualifying Purchase. In the event that your Membership Account is unregistered or rendered inactive, all accrued Points in your Membership Account are void.

REDEEMING POINTS FOR REWARDS

Points may be redeemed for Rewards (such as discounts or merchandise) by logging into your Membership Account and following the instructions for redeeming Points in the relevant Rewards offer listed on the Site or otherwise provided to you in writing by Bobo’s. For clarity, Points may only be redeemed on the Site.

Your redemption of Points accrued in connection with Bobo’s Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Bobo’s. When redeeming “discount” Rewards, only one (1) Reward may be redeemed within a single order. So, for example, you cannot redeem Points for a 15% discount and also redeem Points for a 25% discount within a single order.

Attempts to redeem single use offers and verification codes for Rewards multiple times or through multiple users constitutes fraud and may result in the termination or suspension of your Membership Account. Redemption codes received in connection with Bobo’s Rewards are promotional, have no cash value, and cannot be redeemed for cash.

BIRTHDAY POINTS

You will be eligible to receive Points on your birthday (“Birthday Points”) once you have completed all of the following steps (collectively, “Birthday Point Steps”): (1) log into your Membership Account; (2) visit the “Rewards” area in your Membership Account; (3) navigate to: “Earn Bobo’s Rewards Points” > “Happy Birthday”; and (4) provide us with your birthdate by entering it into the designated fields (as entered, “your birthday”). If you have completed all Birthday Point Steps, your Birthday Points for the applicable calendar year will be automatically added to your total Point balance in your Membership Account on your birthday and can be redeemed at any time within the twelve (12) month period immediately following such birthday (i.e., Birthday Points given on your birthday in 2023 will expire on your birthday in 2024). Your Birthday Points may be redeemed on the Site only. You can check to see if your Birthday Points are available by accessing your Membership Account on https://eatbobos.com/account/.

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

• Your Points, Rewards, Membership Account, and any other Member benefits are personal to you and may not be sold, transferred, or assigned to, or shared with, family, friends, or others, or used by you for any commercial purpose. You may have only one (1) Membership Account that is personal to you.
• Without notice to you, Bobo’s reserves the right to suspend or terminate your Membership Account or your participation in Bobo’s Rewards at any time, with or without reason, including, without limitation, if Bobo’s determines, in its sole discretion, that you have violated the Agreement or that the use of your Membership Account is unauthorized, deceptive, fraudulent, or otherwise unlawful. Bobo’s may, in its sole discretion, suspend, cancel, or combine Membership Accounts that appear to be duplicative. In the event that your participation in Bobo’s Rewards is terminated, all accrued Points in your Membership Account are void.
• Bobo’s reserves the right to change, modify, discontinue, or cancel Bobo’s Rewards or any part of the Bobo’s Rewards program, at any time and in its sole discretion, without notice to you.
• Bobo’s cannot guarantee the availability of any particular Rewards item, and Rewards items may only be available for a limited time. If you use Points to obtain a redemption code for a discounted or free item (such as a Bobo’s hat or coffee mug), your redemption is subject to that item’s availability and will only be available while supplies last. Bobo’s is not responsible or liable for the availability or unavailability of any Rewards items and has no obligation to ensure any such items are in stock or otherwise available at any given time. If an item becomes unavailable before a redemption code is used, that redemption code cannot be exchanged for another Reward or any amount of Points. It is solely your responsibility to check the Site to determine whether the applicable Rewards item is available prior to redeeming Points for a redemption code. If an item is not in stock, you should not redeem your Points for that particular redemption code as the Site will not permit you to place an order for an out-of-stock item. Bobo’s’ acceptance of any redemption code is subject in all cases to any restrictions on, or provided by Bobo’s with, the applicable redemption code.

ADDITIONAL TERMS OF PARTICIPATION IN BOBO’S REWARDS

Adjustments and Correction of Benefits. At any time and in Bobo’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to the Agreement), Bobo’s may correct (1) the amount of Points credited to a Member’s Membership Account, or (2) any other benefit that has been credited to a Member’s Membership Account.

Taxes. Points, Rewards, and other Member benefits may be subject to income or other taxes. Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which Member earned Points. Bobo’s will not be liable for any tax liability, duty, or other charges in connection with the issuance of Points, Rewards, or other Member benefits.

No Warranties or Representations, Express or Implied. Bobo’s makes no warranties or representations, either express or implied, with respect to type, quality, or fitness of goods or services provided through Bobo’s Rewards. BOBO’S DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOBO’S, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH BOBO’S REWARDS, THE AGREEMENT, OR BOBO’S OPERATION OF BOBO’S REWARDS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOBO’S ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY MEMBER REGISTRATION, CORRESPONDENCE, REDEMPTION REQUESTS, REWARDS, OR MEMBER BENEFITS; (2) THEFT OR UNAUTHORIZED REDEMPTION OF POINTS OR REWARDS OR USE OF A REWARD; (3) ACTS OR OMISSIONS OF THIRD PARTIES; OR (4) ERRORS PUBLISHED IN RELATION TO BOBO’S REWARDS, INCLUDING, WITHOUT LIMITATION, ANY PRICING OR TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING OF POINTS FROM MEMBERSHIP ACCOUNTS.  BOBO’S RESERVES THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOBO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE AGREEMENT OR YOUR USE OF BOBO’S REWARDS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (U.S. $50). THESE LIMITS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Subject to Applicable Law. Membership in Bobo’s Rewards and the earning and redeeming of Points and Rewards are subject to all applicable local laws and regulations. Membership in Bobo’s Rewards, Member benefits, Points, and Rewards are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or Member’s jurisdiction of residence.

Entire Agreement. The Agreement constitutes the entire agreement between Bobo’s and you relating to Bobo’s Rewards, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except by Bobo’s in writing or by making such amendments or modifications available on the Site.