Terms

ShopRite Family Rewards Program
OFFICIAL TERMS AND CONDITIONS

PLEASE READ CAREFULLY. By reviewing the Terms and Conditions you agree to the following Terms and Conditions governing the ShopRite Family Rewards Program.

A. Program Overview
1. The ShopRite Family Rewards Program (“Rewards Program”) is a loyalty card program sponsored by Wakefern Food Corp (“Sponsor”). The Rewards Program is open to legal U.S. residents currently residing in CT, DE, MD, NJ, NY and PA, who are at least eighteen (18) years of age or older (“Participants”). Participants of the Rewards program can collect points by purchasing participating products (“Products”), available while supplies last, beginning on 1/31/10 at 12:00:01 p.m. Eastern Time (“ET”) and ending on 5/1/10 at 11:59:59 p.m. ET (the “Collection Period”) at ShopRite locations in CT, DE, MD, NJ, NY and PA. Participating Products will be communicated on www.Shoprite.com, in-store notices, shelf stickers, and/or through other methods as may be added from time to time. Participating Products are subject to change throughout the Collection Period. Points accumulated by Participants during the Collection Period may be redeemed for Rewards (defined below) beginning on 2/28/10 at 12:00:01 p.m. ET and ending on 5/29/10 at 11:59:59 a.m. ET (the “Redemption Period”). Void where prohibited by law.

2. The Rewards Program is open to individuals only. The following are NOT eligible to participate in the Rewards Program: corporations, associations, including school organizations, and other business or group entities or collaborations. All questions or disputes regarding eligibility for the Rewards Program, the availability of items, or a Participant’s compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.

3. To participate in the Rewards Program, eligible Participants must enroll online at www.ShopRite.com/Rewards (the “Web site”) using their Price Plus ® club Card (“Card”) number and following the on-screen instructions to create a Rewards Program account (“Rewards Account”). Participants are required to have a Price Plus®club Card, which can be obtained for free by registering online at www.Shoprite.com or visiting the Customer Service desk at any ShopRite location. Limit one (1) Rewards Account per Card. In the event of a dispute as to the identity of any Participant, the registered holder of the Card used when enrolling in the Rewards Program will be deemed to be the Participant. The Participant may be required to show proof of being the authorized Card holder, as well as any other proof of eligibility that Sponsor may request. Once enrolled in the Rewards Program, the number of Points (defined below) collected by such Participant during the Collection Period will be recorded and tracked in the Participant’s Rewards Account. Sponsor is not responsible for changes in Participants’ e-mail address or home address, as provided by the Participant. It is the sole responsibility of each Participant to update his/her contact information as needed. Participants are responsible for maintaining the confidentiality of their Rewards Account and password, for restricting access to their Rewards Account, and agree to accept responsibility for all activities that occur under Participant’s Rewards Account. To learn how Sponsor will use the personal information collected in connection with the Rewards Program, please see the Sponsor’s Privacy Policy: http://www.Shoprite.com.

4. Participation in the Rewards Program constitutes each Participant's full and unconditional agreement to these Terms and Conditions, and representation that Participant meets the eligibility requirements set forth herein. Those who do not comply with these Terms and Conditions may be prohibited from participating in the Program.

5. Sponsor reserves the right to shorten, extend, modify or cancel the Rewards Program, including these Terms and Conditions, at any time in its sole discretion, even though such changes may affect a Participant's ability to accumulate or redeem Points. A Participant's continued participation in the Rewards Program constitutes his/her acceptance of any changes or modifications to these Terms and Conditions.

B. Collecting Points with your Card
1. Points. For each $1 spent on Products purchased (tax NOT included) using your Card, Participant will earn ONE (1) point (“Point”), which will be automatically deposited into the Participant’s Rewards Account. Products may be purchased either in-store or by shopping online at www.ShopRite.com. All monetary amounts spent on Products during the Collection Period will accumulate and be added toward each dollar spent on Products. For example, if Participant spends $1.75 on Products during one shopping visit, Participant will earn 1 Point. If during the next shopping visit Participant spends $1.25 on Products, the total amount spent on Products will then equal $3.00, and the total number of Points collected will be 3. All Points accumulated will be automatically indicated in Participant’s Rewards Account. Sponsor reserves the right, in its sole discretion, to award Points at a later time if additional time is needed for any reason. Participating Products may change throughout the Collection Period and are available while supplies last. Products purchased either: (i) prior to enrolling in the Rewards Program; or (ii) without using your Card or Card account number at the time of purchase, will not earn Points, nor will Points be deposited in Participant’s Rewards Account.

2. Sponsor reserves the right to change or modify the methods by which Participants may collect Points during the Collection Period, as well as amend the Point calculation formula at any time with or without notice, in its sole discretion. Sponsor further reserves the right to award additional/bonus Points for purchase of particular Products; the right to establish additional means of accruing Points at any time during the Collection Period; and the right to exclude specific types of transactions from Points eligibility. Sponsor’s decisions regarding the awarding of Points are final and binding. Awarded Points that are subsequently determined to have been awarded incorrectly or for non-participating Products will be removed from the Participant’s Rewards Account at the sole discretion of Sponsor.

3. During the Collection Period, Participants may collect a maximum of 625 Points per month. Each month during the Collection Period shall be defined as the periods beginning and ending as follows: 1/31/10 – 2/28/10; 3/1/10 – 3/31/10; and 4/1/10 – 5/1/10.

4. All Points will expire at the end of the Redemption Period (on 2/27/10 at 11:59:59 p.m. ET) and will not be carried over to future rewards programs or offers. Expired Points will be deleted/removed from Participant’s Reward Account and may not be redeemed for Rewards after the Redemption Period has ended.

5. Each Participant is solely responsible for ensuring the accuracy of his/her Rewards Account and Points accumulated during the Collection Period. Participants are encouraged to review their Rewards Account regularly and to save their receipts from all Product purchases. If a Participant believes that Points were not properly accrued, Participant must notify the Sponsor during the Collection Period by contacting 1-800-ShopRite (1-800-746-7748). Participant may be asked to provide Product purchase verification. Sponsor reserves the right to make the final determination regarding the award of Points.

6. Points have no cash value and are only redeemable for offered Rewards. Points may not be transferred, assigned, sold or redeemed for cash, except as determined by Sponsor in its sole discretion. The sale, barter, transfer or assignment of any accumulated Points, other than by Sponsor, is strictly prohibited. Participants may not combine Points obtained by others for deposit into a single Rewards Account, nor transfer, sell or otherwise dispose of Points in a manner in violation of these Terms and Conditions. Any attempted use of Points in any manner not authorized herein may result in the forfeiture of all Points, disqualification from the Rewards Program, and termination of the Participant’s Rewards Account. Sponsor reserves the right to take any other additional action it deems appropriate, in its sole discretion, in the event that Sponsor believes that a Participant has violated any of these Terms and Conditions.

C. Redeeming Points for Rewards
1. During the Redemption Period, Participants may redeem accumulated Points in their Rewards Account for merchandise, gift certificates, services and other items of value (“Rewards”) offered on the Web site. The Web site will list the corresponding Point totals required to redeem each Rewards item. Sponsor reserves the right to modify the list of Rewards items available for Point redemption, as well as their corresponding Point values, at any time, for any reason, during the Redemption Period.

2. To redeem Points, visit the Web site during the Redemption Period and follow the on-screen instructions. Participants may choose any Rewards item(s) still available for which they have accumulated sufficient Points for redemption. No redemption request for a Reward can exceed the total number of Points the Participant has earned up until such point in time. Sponsor will notify Participant via an error message if he/she has attempted to redeem an inadequate number of Points for any Reward item or has otherwise not complied with the redemption requirements. All Point redemptions for Rewards are final. Except as otherwise provided, no refunds or exchanges will be permitted. Sponsor will determine verification in its sole discretion.

3. Sponsor will try to ensure availability and reasonable supply of all Rewards items; however, Sponsor reserves the right to add, remove or modify offered Rewards at any time during the Redemption Period. Rewards may be available only in limited quantities or while supplies last, and will be distributed on a first-come, first-served basis. Participants should regularly consult the Web site for updates about Reward availability.

4. Rewards will be sent to the address provided in Participant’s Rewards Account. It is Participant’s obligation to keep such Rewards Account information up to date. Please allow 6–8 weeks for Rewards delivery. If for any reason a Reward item is received damaged, becomes unavailable, or cannot be fulfilled, Sponsor, in its sole discretion, reserves the right to replace the item with a similar item of equal or greater value. Determination and payment of tax liability on Rewards, including income tax, if any, are the sole responsibility of Participant.

5. Redemption Expiration: Participants must redeem all accumulated Points before the expiration of the Redemption Period (ending at 11:59:59 p.m. ET on 2/27/10) unless otherwise extended or modified by Sponsor in its sole discretion. In the event a Participant does not redeem Points in his/her Rewards Account by such time, Points will be forfeited in their entirety without compensation. Points have no cash value. No cash will be exchanged for the unused portion of any Participant’s Points.

D. General Terms and Conditions
1. Sponsor and its agents are NOT responsible for: (i) electronic transmissions or Points that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, undelivered, inaccurate or not received by Sponsor for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of Points; (iii) destruction of or unauthorized access to, or alteration of, Point collection; (iv) failed or unavailable hardware, network, software or telephone transmissions, or damage to Participant’s or any person’s computer and/or its contents, or any other causes that jeopardize the administration, security, fairness, integrity or proper conduct of this Rewards Program; (v) incorrect or inaccurate submission or Rewards claim information whether caused by Participant or by any of the equipment or programming associated with or utilized in the Rewards Program, or for any other errors of any kind, whether technical, network, printing, typographical, human or otherwise, in any Rewards Program-related materials; or (vi) misrepresentation, cheating or fraud by any Participant. If any of the foregoing malfunctions, errors, defects or acts render the Rewards Program incapable of operating as planned, Sponsor, in its sole discretion, may suspend or cancel this Rewards Program immediately. Any attempts by an individual to access the Web site via a bot script or other brute-force attack will result in that individual’s Rewards Account becoming ineligible, and the Points accumulated by that Participant becoming void. If Sponsor, in its sole discretion, determines that an individual is tampering or attempting to tamper with the Rewards Program or Web site, such individual will be ineligible to participate. Sponsor reserves the right to suspend or terminate this Rewards Program without notice if, in Sponsor’s sole discretion, the Rewards Program or any component thereof becomes infected or otherwise corrupted, or if the Rewards Program otherwise cannot operate as planned. Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. Any attempt by any person to deliberately damage any Web site or undermine the legitimate operation of the Rewards Program may be a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to disqualify and seek damages from any such person to the fullest extent permitted by law. SPONSOR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE REWARDS PROGRAM, ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE REWARDS PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS REWARDS PROGRAM), OR THE PERFORMANCE OR NON-PERFORMANCE OF THE REWARDS PROGRAM BY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

2. SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE REWARDS PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS REWARDS PROGRAM WILL BE ERROR-FREE. SPONSOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE REWARDS PROGRAM. SPONSOR 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.

3. By participating in the Rewards Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless the Sponsor and its respective parent companies, subsidiaries, affiliates, shareholders, agents, promotion and advertising agencies, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Rewards Program, Product purchase, or Reward redeemed or for any harm or injury caused by any third party.

4. As a condition of participating in this Rewards Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Rewards Program or any Product purchased or Reward redeemed shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of New Jersey. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the state of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the state of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New Jersey.

5. This Rewards Program is subject to all applicable laws and regulations. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

6. Sponsored by: Wakefern Food Corp. 5000 Riverside Drive, Keasbey, NJ 08832.