LUCKY YOU REWARDS PROGRAM TERMS AND CONDITIONS

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1 LUCKY YOU REWARDS PROGRAM TERMS AND CONDITIONS Last updated: April 27 st, 2016 Use of the Lucky You rewards card by you or any member of your household, enrollment in the Lucky You Rewards Program ( Program ) or use of this website or mobile application related to the Program constitutes acceptance of all terms and conditions stated herein. Save Mart Supermarkets, a California corporation doing business as Lucky Supermarkets ( Lucky ) reserves the right to modify these terms and conditions or terminate the Program, points and rewards or other benefits partially or in its entirety, without notice, liability or obligation to Program participants. Eligibility: Must be 18 years old or older and a legal resident of the United States to participate in the Program (or be under 18 years old and employed by Lucky and have a valid Parental Consent form on file with Lucky). There is no cost to enroll in the Program. The Program is currently valid at participating Lucky Supermarkets but future restrictions may apply. Use of information gathered is subject to Lucky s Privacy Policy available for review at: Participants must maintain an online account in order to redeem points for rewards. Membership in the Program is limited to individuals only. By submitting an application for the Program, you agree (or, if you are under 18 years of age, your parent or legal guardian agrees) to be bound by these terms and conditions. The Program is void where prohibited by law. Opening an Account: Online. You may apply to become a member of the Program by visiting (the "Website" or "Online"). To enroll in the Program, you must provide your first name, last name, mailing address, valid address and phone number. In the event of a dispute over the identity of the account holder of a particular Program account, the Program account holder will be deemed to be the authorized account holder of the telephone number associated with the account. A person purporting to be the Program account holder may be required to provide identification sufficient to show that he/she was the authorized account holder of the phone number associated with the Program account at the time the Program account was opened. Authorized account holder is the natural person who was assigned to a phone number by the telephone service provider that was responsible for providing service to that telephone number at the time the Program account was opened.

2 Shares Powered by Escrip Account Connection: Lucky may allow you to connect your Program account to your Shares account (administered by Electronic Scrip Incorporated or a successor service provider) online under certain circumstances. Lucky will permit such a connection if certain contact information (such as phone number, name, address, and/or other relevant information) for both accounts is a match in accordance with the standards set by Lucky in its sole discretion. Contact Lucky Customer Service at if you have any questions. Consolidating Program Accounts: Lucky may allow you to consolidate multiple Program accounts into one Program account under certain circumstances. Lucky will permit such a consolidation if certain contact information (such as phone number, name, address, and/or other relevant information) for the accounts is a match in accordance with the standards set by Lucky in its sole discretion. Contact Lucky Customer Service at if you have any questions. Points, Rewards & Other Benefits: 1. Points are earned based on qualifying purchases as set forth below. A list of items which do not earn points is set forth below. 2. One (1) point is earned for every dollar spent on qualifying purchases. Total points earned are based on subtotal amounts, after applying promotional discounts and coupons and prior to any tax, rounded down to the last whole dollar amount. 3. Unredeemed points will expire the last day of the month following ninety (90) days after accrual. 4. Points are not transferable and may be used only by the individual account holder. However, multiple cards may be linked to a single account holder. In addition, accounts may be merged into a single account holder name in which case accrued points, special offers, digital coupons and other benefits from all merged accounts will be transferred into the single account. Merging accounts may require written authorization from all account holders and is subject to approval by Lucky, in its sole and absolute discretion. 5. Presentation of a card is not required at time of purchase to accrue points. An

3 alternative ID phone number may be utilized to identify account holder in lieu of presentation of a card. Converting Points To Rewards & Redemption 1. Reward items may include discounts, free product or specific item offers on a limited or rotating basis. Reward values and the terms of each offer may vary. Points can be converted to rewards by logging onto the Website or the Program s mobile application and selecting a reward for which a participant has sufficient earned points to claim a reward item and redeeming at the appropriate participating store. 2. Once points are converted to rewards they cannot be converted back to points. Rewards must be redeemed (picked-up) in-store within thirty (30) days of conversion (or such time as set-forth in a given offer) or the reward will expire. 3. Presentation of Program card or alternate ID required to pick-up reward item. Just pick-up the item in-store, take it to the register and present your ID. 4. Points may be earned at participating Lucky stores in California and participating Save Mart stores in California and Nevada. Rewards may differ by store format and also by participant s specific preferred store. Offers to deduct a certain dollar amount from your total bill may be redeemed at either Lucky or Save Mart stores. Offers for free items or coupons or product promotions may only be redeemed at a store with the format of your home or preferred store, which you selected at the time your Account was opened. Other Rewards Program Benefits: Participants may also receive exclusive offers, deals and content which are personalized to them via , text (if opted in), and point-of-sale receipts. Excluded Items: Points will not be earned on the following products or categories of products: Alcohol, tobacco, stamps, phone/pre-paid cards/ gift cards, money orders/transfers, event tickets, transportation passes, lottery tickets, charitable donations, pseudoephedrine or ephedrine products, prescriptions, health tests, contact lenses or other pharmacy items or other products or services that may be excluded. This list may be modified from time to time without advance notice to Program participants.

4 Disclaimers: Lucky Supermarkets is not responsible for unused reward points or for redeemed rewards which are not picked-up by the deadline applicable to each redeemed reward. By enrolling in the Program or creating an online account, participants agree that Lucky Supermarkets may send communications related to Lucky You and this Program. You may discontinue promotional communications at any time by i) opting out as instructed on any received ; or, ii) by contacting Lucky Customer Service at Discontinuation of promotions may result in the loss of promotional discounts and offers related to this Program. Participant personal information will be held in accordance with Lucky s Privacy Policy, which can be reviewed at: Lucky reserves the right to modify any and all terms and conditions of the Program, without notice, including but not limited to: participation, points, points required to earn a reward, rewards and benefits for this Program, or terminate the Program in its entirety, at any time without advance notice, liability or obligation to Program participants. Misuse or fraudulent use of the Lucky You card or online account is a violation of these terms and conditions which may result in cancellation of a participant s card and loss of any or all points or rewards earned. Failure of Lucky to enforce a particular term or condition shall not constitute a waiver of its right to subsequently enforce the same right against the same or different participant. You are responsible for remaining knowledgeable about the Program Terms and Conditions. Your account s point balance, as reflected in Lucky s records, shall be deemed correct. Lucky reserves the right to determine the amount of points in any account based on Lucky s internal records related to such account. In the event of an inconsistency between the amount accrued in an account as stated on any participant s receipt (or any other record) and Lucky s internal records, Lucky s internal records will control. Lucky assumes no responsibility for errors caused by incorrect accountholder information. The sale of points is prohibited and may result in the confiscation or cancellation of your points as well as suspension or termination of your Program membership, which in each case shall be final and conclusive. Lucky may revoke any participant s membership in the Program at any time if such participant engages in abuse of the Program or fails to follow any or all of the terms and conditions of the Program. Fraud or abuse relating to the accrual of points or redemption of rewards may result in revocation of membership in the Program and may affect a Member's eligibility for participation in any other Lucky Program. Points are non-transferable and cannot be redeemed for cash. The interpretation and application of the Program's Terms and Conditions are at the sole discretion and determination of Lucky. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE PROGRAM TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES WILL LUCKY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. YOUR MAXIMUM RECOVERY UNDER ANY

5 THEORY OF LIABILITY SHALL NOT EXCEED THE AMOUNT OF POINTS AWARDED TO YOU BY LUCKY DURING THE FIRST SIX (6) MONTHS PRECEDING THE ACT OR OMISSION WHICH GAVE RISE TO YOUR CLAIM(S).