Effective Date: June 29 2020
Yoshi Rewards Loyalty Program: Terms and Conditions of Participation
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE YOSHI REWARDS LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
1.1. The Yoshi Rewards Loyalty Program (“Program”) is offered at the sole discretion of Yoshi inc. (“Yoshi,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one Program account (“Enrollment”) per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the USA and at least the age of majority in their jurisdiction of residence and who provide and maintain a valid email address and an active monthly or annual Yoshi Membership are eligible to enroll. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to enroll an individual for any reason. Employees of Yoshi and individuals employed by our business partners or vendors are eligible for enrollment for personal use only but may be excluded from certain benefits of the Program. Yoshi customers who reside in certain geographies and/or who’s Yoshi Membership is sponsored by certain corporate partners may be excluded from Program eligibility at our sole discretion.
2.1 Eligible individuals will be automatically enrolled in the Program unless they choose to opt out. You can “Opt Out” by texting or emailing customer service.
2.2. You are required to provide your email address in order to enroll in the Program. You will also need to create an account by providing your name and contact info in order to access certain Program benefits and rewards. You may also have the opportunity to provide us with your mailing address, birth date and mobile phone number. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information in the Yoshi mobile app.
2.3. Only one Program enrollment may be associated with a single Yoshi account and a single email address. In the event of a dispute over ownership of the Program enrollment account, the Member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Program Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our services and for participating in certain brand experiences on social media. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions.
3.2. The Program includes two types of points (“Stars”). Tier Stars (“Tier Stars”) determine which program tier you belong to (your “Member Status”). Reward Stars (“Reward Stars”) are Stars directly redeemable for certain benefits (“Star Rewards”). Tier Stars and Reward Stars are usually earned concurrently, however there may be scenarios in which you are granted Tier Stars separately from Reward Stars. Redeeming Reward Stars in exchange for a Star Reward will impact neither your number of Tier Stars nor your Member Status. Reward Stars can and often will be redeemed automatically on your behalf in exchange for Star Rewards.
3.3. Rewards Stars are valid until the conclusion of the Earnings Period during which they are earned. At the end of each Earnings Period, your Reward Stars reset to zero and you start accumulating new Stars and unlocking new Star Rewards.
3.4. You receive 1 Level Star and 1 Reward Star for every 1 US Dollar (USD $1) spent on eligible purchases. Eligible purchases include regular priced services and exclude applicable taxes, delivery charges, and/or other excluded charges specified by us from time-to-time. All Stars earned from purchases in the app are granted after your order is completed and paid for. Stars granted will be available for redemption within one day of the time they are granted. You may receive a multiple number of Stars per dollar (“Star Bonus”) when purchasing certain services based on promotions that Yoshi will run from time to time. Star Bonus promotions may change or end without notice. A list of current Star Bonuses can be viewed in the Yoshi app.
3.5. Based on your Member Status and/or your balance of Reward Stars, you may be eligible for certain benefits and rewards applicable to that Member Status and/or number of Stars. Which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn Stars will be posted on the website or may be published through other media (e.g., in marketing communications, social media, etc.). Visit our FAQs to learn more about earning Stars and reaching the Program loyalty tiers.
3.6. The Program consists of a number of tiers that are each progressively associated with additional benefits (“Perks”). Member Status is determined by the number of Tier Stars you have earned within a six month period (the "Earnings Period") on eligible purchases and through qualifying activities, beginning on the date when you enroll. After you have enough Stars to unlock a new tier, you will remain in that tier for the remainder of that Earnings Period as well as the following 6 month period (the “Benefits Period”). After you complete your first Earnings Period you will subsequently be in both an Earnings Period and a Benefits Period simultaneously. Your current Member Status will be the greater of the tiers achieved in both your current Earnings Period and Benefits Period. There are 5 tiers, each with associated benefits:
Upon enrollment, you will automatically be placed in Tier 1, Mint and be eligible for all the benefits Tier 1 Members receive. Once you earn at least 100 Stars in the first Earnings Period, you will, for example, be automatically moved up to Tier 2, Silver. If you earn 600 Stars or more in the first Earnings Period, you will qualify for Tier 3, Gold and so on.
3.7. For a purchase to qualify for the Program, you must be enrolled in the Program and be signed into the app at the time of purchase.
4.1. As a Program enrollee, you earn Stars that determine your available Star Rewards, Member Status, and related Perks. To redeem Rewards, Perks and other offers, you must have accumulated the minimum number of Stars as established by us for each particular benefit. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account on the Yoshi mobile app. You may receive email invitations when benefits are available if you have not opted-out of receiving Program emails.
4.2. Star Rewards: At different Star levels you will unlock rewards that can be used in conjunction with a purchase in the app. These rewards are based on the number of Reward Stars you have accumulated in a single Earnings Period. You may redeem and/or activate Star Rewards at any time via the app. You must redeem your unlocked rewards prior to the end of your Earnings Period, or the availability of the Star Rewards will expire. At the conclusion of your Earnings Period, your Stars reset to zero and you start accumulating new Stars and unlocking new rewards.
4.3. Tier Perks: Perks are benefits based on which tier you belong to. You are eligible for these benefits while you are in that tier regardless of the number of Stars you currently have. At the conclusion of each Earnings Period, even though your Stars reset to zero, your initial Member Status for the next Earnings Period is determined by the number of Stars earned in the current Earnings Period. Please review our FAQs for more information on how to redeem or use your Perks.
4.4. Neither Enrollments nor Program Rewards, Perks and/or Stars may be transferred, shared or combined. Only the Member paying for the services may accumulate Rewards, Perks and/or Stars. Members will not receive Rewards, Perks and/or Stars on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) are confidential and should not be shared with any other person.
4.5. Rewards, Perks and/or Stars earned through the Program have no cash value, are non-transferable, and you have no property rights to Rewards or other Program benefits. Stars credited to your Program account will be decreased or reversed, as applicable, if part or all of the service is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Program Terms. The sale, barter, transfer, or assignment of any rewards, benefits, or Stars offered through the Program, other than by us, is expressly prohibited.
4.6. The products and services available through the Program and any services that we may provide to you are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from us. We reserve the right, without notice, to cancel any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Program Terms.
4.7. We are not responsible for Reward, Perks and/or Stars lost or redeemed due to fraudulent activity by you or any third party.
4.8. We reserve the right to change Program benefits, how you reach each Program tier, how you earn Stars and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier or Star level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
4.9. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Yoshi Customer Service at email@example.com. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
5.1. By enrolling in the Program, you will automatically receive Program-related emails, including Program marketing emails and information about your Yoshi Rewards account, rewards and benefits. We may also give you the option to opt-in to receive other marketing communications from Yoshi at the time of enrollment.
6.1. The Program and its benefits are offered at our sole discretion. Except where prohibited by law, we may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
6.2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. To keep enrolled in the Program you must maintain an active monthly or annual Yoshi Membership. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity for more than 24 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, Stars, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your Yoshi Membership and make you ineligible for further participation in the Program. If your enrollment is revoked, cancelled or ended for any reason, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Program Terms, we also have the right to take appropriate legal action, in our sole discretion.
6.3. If you decide you no longer want to be a part of the Program, you may cancel your enrollment at any time by emailing customer service (firstname.lastname@example.org). If you cancel your Program enrollment and/or Yoshi Membership, you will lose all accumulated Stars and benefits, and your Member Status will automatically expire.
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensor's, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program or your breach of any of these Program Terms.
Unless those laws of your jurisdiction require that those laws apply, this Program and these Terms will be governed by and construed under the substantive laws of the State of California and the laws of the USA applicable therein.