Fred’s Rewards Club Terms and Conditions
Welcome to the Fred’s, Inc. Rewards Club customer loyalty program (“Program”). Please carefully review the terms and conditions below (“Terms”), which apply to you and Fred’s, Inc. and any of its affiliates, assigns, predecessors, successors, subsidiaries, vendors, independent contractors and/or service providers and each of their officers, directors, employees and agents (collectively, “Fred’s). By enrolling and/or participating in the Program, you agree to be bound by these Terms, which apply to the Program, related services (including but not limited to any purchases from Fred’s) and your relationship with Fred’s. These Terms are subject to change by Fred’s at any time without notice. Please regularly visit www.fredsinc.com for any changes to these Terms or for up-to-date information and notifications regarding the Program.
IMPORTANT: By ENROLLING AND/OR PARTICIPATING IN THE PROGRAM AND THEREBY accepting these Terms, you are agreeing to the BINDING arbitration PROVISION and class action waiver contained in Section L of these Terms below. THIS PROVISION AFFECTS YOUR LEGAL RIGHTS AND REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court.
- Program Fee
- Account Balances
- Qualifying Purchases
Fred’s, Inc. manages the Program, which is designed to thank valued customers for their loyalty to Fred’s and for purchasing products from Fred’s. The Program is a member-based club that you, the customer member (“Member” or “You”), enroll and participate in to earn rewards (“Rewards”) for select purchases (“Qualifying Purchases”).
Fred’s reserves its rights to change, modify or terminate the Program and/or any of the Program’s Terms, Member benefits, Rewards increment amounts, Qualifying Purchases rules, or any other aspects of the Program at any time without notice. Any changes, modifications, or termination of the Program or its Terms will be accessible at www.fredsinc.com. Fred’s is not responsible for providing You with notice of any changes. You are solely responsible for reviewing the Terms and remaining knowledgeable of the Terms and any changes to the Program. Your continued enrollment and/or participation in the Program will constitute your acceptance of any such changes.
There is no fee associated with membership in the Program.
Members may access their Program account balances online at www.fredsinc.com or at Fred’s store locations nationwide. Account balances are provided on paper receipts issued at Fred’s store locations.
A Member is an individual who has voluntarily provided his or her information to Fred’s in connection with enrollment in the Program. Membership in the Program is non-transferrable and is for personal use only. Membership is open to U.S. residents who are at least 18 years of age or older. By enrolling in and/or participating in the Program, You warrant that You are an individual 18 years or older.
You are prohibited from having or using multiple Program membership accounts and agree to hold only one Program membership account per individual. In the event of a dispute over the identity of the Member enrolled in the Program, the Member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment, as determined by Fred’s in its sole discretion.
Fred’s Business Account Customers, state, municipal and federal government accounts and resellers, buying groups, wholesalers, etc. are not eligible to participate in the Program unless pre-approved by Fred’s.
To enroll in the Program, You must provide valid contact information. By enrolling in the Program, You verify that the information You provide, including but not limited to your name, physical address, phone number and email address, is your personal information and is accurate and up-to-date. You warrant that You are the subscriber and/or customary user of the phone number provided and that by providing this phone number, You agree to be contacted at that number. You agree that any such calls, as well as outbound calls to Fred’s, may be monitored and/or recorded. You further consent to receiving emails at the email address provided in connection with enrollment in the Program and to receive other means of communication from Fred’s at the contact information provided to the extent permitted by law. It is your responsibility to immediately notify Fred’s email@example.com should your contact information change in any manner. You agree to indemnify and hold harmless Fred’s from any claim arising from your failure to provide updated contact information.
Fred’s may deny membership in the Program to any applicant in its sole discretion.
Members are solely responsible for any taxes, charges or liabilities related to or resulting from participation in the Program.
Rewards are redeemable points that can be used to purchase select goods at Fred’s stores. The Rewards are currently issued to a Member’s account in an amount equal to three percent (3%) of all Qualifying Purchases (pre-tax). Rewards are non-transferrable, non-assignable, are not redeemable for cash, are not property, and are promotional in nature. The sale of Rewards is strictly prohibited. Rewards shipped and returned as undeliverable shall be forfeited. Lost or stolen Rewards shall not be reissued. The manner in which Rewards are calculated is subject to change at any time without notice. Please check www.fredsinc.com for details. Fred’s reserves the right to debit from a Member’s balance any Rewards earned on the purchase of an item that is subsequently returned by such Member.
There is no maximum amount of Rewards that can be earned. Fred’s reserves the right to issue Rewards in any form, including by posting on Member accounts or through coupons, checks, and points. Unless stated otherwise, all Rewards are valid during the calendar year in which such Rewards are earned and through the close of business on January 31 of the subsequent calendar year. For example, Rewards earned during calendar year 2019 will be valid until the close of business on January 31, 2020. Any unused Rewards will expire at the close of business on January 31 in the calendar year following the calendar year in which such Rewards are earned.
Qualifying Purchases are purchases of select goods currently offered for sale in Fred’s stores. Qualifying Purchases do not include:
- Tobacco and Tobacco-related Products
- Prepaid Cards
- Gift Cards
- Layaway Purchases
- Charitable Items
- Past Purchases
This list of exclusions is not exhaustive. There may be additional categories of items or select items available in Fred’s stores that do not constitute Qualifying Purchases. They are subject to change at any time without notice. Please see a sales associate in-store with any questions. Rewards may not be applied, in whole or in part, to the purchase of the categories of items or items listed above or otherwise excluded as Qualifying Purchases.
Purchases made with promotional or earned discounts may not be considered Qualifying Purchases.
You may terminate your participation in the Program at any time by sending an email to Fred’s at firstname.lastname@example.org or by writing to Fred’s at:
Fred’s Rewards Club Program
4300 New Getwell Road
Memphis, TN 38118
Attn: Customer Service / Loyalty
This communication must include your name, address, phone number and email address along with a clear statement requesting cancellation of your Membership.
Upon termination, your participation and all Rewards earned in connection with the Program will be immediately cancelled and forfeited, even if you later re-enroll in the Program.
Fred’s reserves the right to terminate your membership in the Program at any time at its sole discretion, including if it determines You have violated the Terms or engaged in unauthorized, fraudulent or unlawful conduct. Fred’s reserves the right to cancel or otherwise limit any purchase made under questionable circumstances or where it may violate these Terms or any applicable local, state or federal law.
If You do not make a Qualifying Purchase during any consecutive 24-month period, Fred’s may terminate your Membership.
Individuals may elect to enroll in the Program online at www.fredsinc.com; by calling Fred’s customer service team at 1-844-GO-2-FRED; or pre-enrolling at a Fred’s store location and completing his or her enrollment online. All prospective Members must provide the following current information to complete his or her enrollment in the Program: name; physical address; phone number; and email address. Following successful enrollment, a Member will be assigned an account.
There is no physical card issued with this Program.
Your privacy is important to us at Fred’s. By providing your name, physical address, telephone number and email address in connection with the Program, You consent to the collection, retention and use of this information by Fred’s.
Fred’s collects this information in an effort to improve our customer’s shopping experience with the Program, properly administer the Program and maximize the benefits of the customer’s Membership and relationship with Fred’s. To improve your experience, we may combine information you give us online, in stores or through other means along with publicly available information and information we receive from or cross-reference with select partners and others. By combining this information, we will be better able to personalize and enhance your shopping experience as well as communicate with you about our products, special events and promotional opportunities.
Fred’s shares information you provide to us when you participate in the Program with companies with whom we have joined in promotions or with other companies whose promotions and programs we think will interest you. Fred’s also may disclose this information to other members of the Fred’s corporate family and as required by law.
Fred’s does not share credit card information with third parties except for the purpose of processing payment for products you’ve ordered and as required by law. In addition, we may disclose credit card and other information we collect from you with an outside company with which we have contracted for their services to protect against fraud and the unauthorized use of credit and gift cards.
The Program may disclose Member information provided in connection with the Program to affiliates, vendors, agents and other parties associated with Fred’s in connection with Program account maintenance, the customer experience, the range and types of products and services offered by Fred’s, special offers, information about orders, promotions or catalogs, and periodic customer surveys. Fred’s may also compile information about Member purchase histories.
In choosing to become a Program Member, the Member consents to provide the types of information described above. The information provided may be held by Fred’s for as long as Fred’s, in its sole discretion, deems it necessary for transaction verification, servicing accounts, Program records and for any other reason unless prohibited by law.
Fred’s may periodically update this privacy section of the Program Terms and Conditions. Please visit Fred’s website for updated information. If You do not wish to have your Member information utilized in this manner, You may cancel your Membership at any time by sending an email to Fred’s at email@example.com or by written request to:
Fred’s Rewards Club Program
4300 New Getwell Road
Memphis, TN 38118
Attn: Customer Service / Loyalty
This communication must include your name, address, phone number and email address, along with a clear statement requesting cancellation of your Membership. In terminating your Membership, You may also make a written request for your personal information on file to be deleted.
Fred’s will comply with all applicable laws regarding the disclosure of information to federal and state authorities and may use the information provided by Members to protect the integrity of the Program or the safety of any other Members or the public.
Message and data rates may apply. Fred’s may send multiple, recurring messages via automated technology. Fred’s may terminate any messages for the Program or your participation in it at any time with or without notice, including, for example, before You have receive any or all messages that You otherwise would have received, but these Terms will still apply. Text HELP in response to any text message you receive from Fred’s for help and STOP to opt out from future messages. Your opt-out request may generate confirmation or clarification text messages. Consent to receive text messages is not a condition of purchase of goods or services. The wireless carriers are not liable for delayed or undelivered messages.
Mandatory Binding Arbitration. You and Fred’s agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally or in small claims court and that relate in any way to or arise out of the Program, Services, these Terms or your relationship with Fred’s, SHALL BE FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights except for matters that may be taken to small claims court. You and Fred’s acknowledge and agree that the Federal Arbitration Act and federal arbitration law govern and apply to arbitrations between You and Fred’s (notwithstanding any other choice of law provision).
This arbitration provision shall be interpreted broadly. “Dispute” means any claim or controversy between You and Fred’s, including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise, or that relate to the existence of these Terms; (2) claims that arose before your agreement to these Terms; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of your Membership in the Program; and (4) claims that are the subject of a putative class action. “Dispute” does not, however, include any issues arising from or relating to the arbitrability of any Disputes under this provision or the scope, validity or enforceability of this arbitration provision.
You agree that Fred’s and You are each waiving the right to sue in court and to have a trial by jury. You agree that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted and You are agreeing to give up the ability to participate in a class action or class arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this agreement to arbitrate. The AAA Rules are available on the AAA’s website, www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Unless You and Fred’s agree otherwise, any arbitration hearing will take place in the location where You reside.
WHETHER IN ARBITRATION OR COURT, YOU AND FRED’S WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AND FRED’S MAY SEEK RELIEF ONLY ON BEHALF OF THEMSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY THEIR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION. In the event that the class action waiver is deemed unenforceable, then any putative class proceeding may only proceed in a court of competent jurisdiction and not in arbitration.
This arbitration provision shall survive the termination of your Membership in the Program.
The laws of certain jurisdictions do not permit the exclusion or limitation of legal warranties, conditions, representations, liability or certain damages. If these laws apply to you, some or all of the below exclusions or limitations may not apply.
The Program is provided on an “as is” basis without representations, warranties and conditions of any kind, either express or implied, except to the extent such representations, warranties and conditions are not legally excludable. You acknowledge and agree that, to the fullest extent provided by applicable law, your use of the Program is at your sole risk, and You assume full responsibility. If You are dissatisfied with the Program for any reason, termination of your Membership in the Program is your sole remedy. Fred’s has no other obligation, liability or responsibility to You, except as expressly required by law
You acknowledge and agree that, to the fullest extent provided by applicable law, Fred’s will not be liable to You or to any other person under any circumstances or under any legal or equitable theory, whether in tort, contract, strict liability, or otherwise, for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Program or related Services. The amount of any potential liability for any claim related to your relationship with Fred’s is limited to the amount of any applicable purchase made by You from Fred’s or damages provided by statute on an individual, and non-aggregated, basis, except as expressly required by law. Nothing in this provision shall exclude or limit Fred’s liability for death or personal injury resulting from Fred’s negligence.
To the maximum extent permitted by applicable law, and subject to Section L above, You agree to defend, indemnify and hold Fred’s harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action or demand resulting from your breach of the Program or its Terms or your violation of any law, rule or regulation.
Apart from the AAA (see Section K above), the laws of the State of Texas without regard to its conflict of laws rules, will apply. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, result in court action, shall be resolved exclusively by a state or federal court located in Dallas, Texas, and You specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
From time to time, there may be information on Fred’s website, promotional materials or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Fred’s reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The Terms, together with those items made a part of these Terms by reference, make up the entire agreement between us relating to the Program, and replace any prior understandings or agreement (whether oral or written) regarding the Program.
By enrolling and/or participating in the Program, You are deemed to unconditionally accept all Terms for the Program, as may be amended by Fred’s from time to time.
If you have any questions or comments, please contact Us by mail at the following address, telephone and/or email address:
Fred’s Rewards Club Program
4300 New Getwell Road
Memphis, TN 38118
Attn: Customer Service / Loyalty