Rewards Terms & Conditions

Last Updated: 8/1/2024

What is Fresco y Más rewards?

Fresco y Más rewards is a rewards program operated by Sunshine Retail Investments, LLC and its affiliates and subsidiaries (collectively referred to as “we”, “us”, and/or “our”). We are a grocery store chain operating grocery stores under the Fresco y Más banner (each, a “Store”). Members may utilize the Fresco y Mas rewards program to receive certain pricing, discounts, and digital coupons.  Please note:  Points are no longer part of the Fresco y Mas rewards program.

These Terms and Conditions, and any additional ones we establish for certain offers (collectively the “Terms”), govern your participation as an individual in the Fresco y Más rewards program (“Fresco y Más rewards”). In connection with Fresco y Más rewards, we operate the website, www.FrescoyMas.com, and the Fresco y Más app.  
 
By enrolling in Fresco y Más rewards and then receiving and using your new Fresco y Más rewards account; accessing www.Frescoymas.com; accessing our services through our Store mobile application(s); and/or by clicking “I agree to the Terms and Conditions,” you agree that you have read, understood, and agree to be bound by these Terms.

By enrolling in Fresco y Más rewards; and then receiving and using your new Fresco y Más rewards account; accessing www.Frescoymas.com; accessing our services through our respective Store mobile application(s); and/or by clicking “I agree to the Terms and Conditions,” you agree that you have read, understood, and agree to be bound by these Terms.

If you do not consent to these Terms, please do not access, browse, or use www.Frescoymas.com, participate in Fresco y Más rewards, use the services offered through the Fresco y Más mobile app, or provide information to us.  

Eligibility and membership

There is no cost to join Fresco y Más rewards. To be eligible to enroll in Fresco y Más rewards, you must be an individual at least 13 years of age and have a residence in the United States or its territories. If you are between 13 and 18 years old, you must obtain permission from your parent or legal guardian to join Fresco y Más rewards. We may change these eligibility requirements at any time and reserve the right to refuse membership to any applicant for any reason in our sole discretion. For the avoidance of doubt, businesses are not eligible to enroll in Fresco y Más rewards.

A “Member” is a customer that has fully enrolled in Fresco y Más rewards. To fully enroll you must finish the registration process by visiting www.FrescoYMas.com, the Fresco y Más app, or by calling our customer service center at 1-844-745-0463. Registration requires you to provide certain personal information, such as your name, zip code, date of birth, email address, and phone number (“Registration Information”). To finish the registration process, you must also acknowledge receipt of these Terms and our Privacy Policy. You represent that all Registration Information and any other information you provide throughout your interactions with us is true and accurate. You agree to update your Registration Information, as necessary to maintain its truth and accuracy. You are responsible for all activities related to your account.

By participating in the Fresco y Más rewards program you agree that we may send you marketing communications, including by email, even if you have opted out of such communications from us in the past. However, you are free to opt out of receiving such communications at any time by opting out through your account settings at www.FrescoYMas.com or by calling our customer service center at 1-844-745-0463.

We respect your right to privacy. You can view our privacy policy at https://www.frescoymas.com/privacypolicy

How we use and share your data

Your Registration Information.

By becoming a Member of the Fresco y Más rewards program, you choose to provide us with your Registration Information, and you agree to update it from time to time so that it remains accurate.

Your Account Activity.

When you participate in Fresco y Más rewards and/or present an Identifier, you authorize us to collect information about your “Account Activity”, which may include the items or services that you purchased, any offers that you redeemed, or any other information related to your transaction, including whether you purchased over-the-counter health products or picked up a prescription from a pharmacy. However, we will not collect information about the type of prescription that you picked up from a pharmacy.

Authorization to Use and Share Your Information.

By presenting one of your Fresco y Más rewards Identifier in our Stores, you also authorize us to use and share your Registration Information and Account Activity in accordance with our Privacy Policy, located at www.Frescoymas.com as amended from time to time, in our sole discretion. These authorizations include, but are not limited to:

• Using your Account Activity, including sharing it with companies we enter into contracts with or have relationships with, to evaluate, develop, offer and promote products and services to you.


• Combining your Account Activity information with that of other Members in order to create aggregated reports that we may share with our affiliates or other nonaffiliated third parties.

You can obtain copies of the Privacy Policy by going to www.Frescoymas.com or by calling 1-844-745-0463.

How can I manage my account?

You can create an account at www.Frescoymas.com. If you believe there is an error in your account balance, you may contact our customer service center by calling 1-844-745-0463. If you believe your account has been the subject of any suspicious activity, please contact our customer service center immediately.

Account cancellation and termination

Cancellation by You.

You may cancel your Fresco y Más rewards account at any time by calling our customer care center at 1-844-745-0463.

Termination by Us.

We reserve the right to terminate your Fresco y Más rewards account at any time, immediately and without notice. We may do so for any reason, or no reason at all, including, but not limited to: if you violate these Terms, if you violate our Privacy Policy, if we determine that you are using your Fresco y Más rewards account for resale purposes, or if you act in a manner that is inconsistent with applicable laws or regulations. We may terminate, suspend, or modify the entire Fresco y Más rewards program at any time in our sole discretion.

Certain provisions of these Terms will by their nature survive cancellation or termination of your Fresco y Más rewards account, the Fresco y Más rewards site, or Fresco y Más rewards, including without limitation, “Disclaimers”, “Limitation of Liability”, “Governing Law and Enforceability”, and “Arbitration”.

Our rights to monitor your your account

You hereby grant Sunshine Retail Investments, LLC and its and their affiliates, subsidiaries, and parent companies the right to monitor your Fresco y Más rewards account activity and take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your account or any of your activities relating to our Stores, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of Fresco y Más rewards or your Fresco y Más rewards account.

How can we modify these terms?

We may modify these Terms in any manner, at any time, in our sole discretion. We will provide notice of modification by posting the revised Terms at www.Frescoymas.com and updating the last modified date.  Be sure to check www.Frescoymas.com from time to time to ensure that you are aware of any changes to these Terms. Modifications to these Terms are effective immediately when posted. Except as set forth herein, modifications apply only to transactions and disputes that arise after the effective date. Your continued use of Fresco y Más rewards after changes have been made to these Terms constitutes your agreement to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, your only recourse is to cancel your Membership.

Disclaimers

We and our affiliates, subsidiaries, and parent companies make no guarantees, warranties or representations of any kind concerning Fresco y Más rewards.  These Terms are subject to immediate change if necessary to comply with such laws or regulations. You release and hold harmless us, our service providers, and their and our affiliates, subsidiaries, and parent companies, and successors and assigns from all liability regarding your participation in Fresco y Más rewards. The Fresco y Más rewards program is only available in English; however, a Spanish version of these Terms is available at www.Frescoymas.com .

We make no representations or warranties, either express or implied, including, but not limited to: any implied warranty of quality, condition, merchantability, fitness for intended use or a particular purpose, or any representations or warranties arising by statute or otherwise in law, or from a course of dealing or usage of trade regarding Fresco y Más rewards or the services, materials, or goods advertised, promoted, sold, or otherwise made available at our Stores.

You acknowledge and agree that you have no ownership rights in your Fresco y Más rewards account.

Fresco y Más rewards cannot be used where prohibited by law. Fresco y Más rewards cannot be used outside the United States and its territories. If any term of these Terms is found by a court to be illegal or not enforceable, except as otherwise provided in the Limitations on Arbitration subsection(s) below, all other terms will still be valid and enforceable.

Limitation of Liability

Under no circumstances shall we, or any of our affiliates, subsidiaries, or parent companies or successors or assigns or service providers, be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages, whether any claim is based on warranty, contract, tort (including, without limitation, negligence) or otherwise (even if any of them have been advised of the possibility of such damages). This limitation of liability shall apply however damages arise, including, without limitation, whether such damages are incurred by third parties, and/or whether such damages arise from transactions between you and us, your use or misuse of Fresco y Más rewards, your inability to use Fresco y Más rewards, or the interruption, suspension, or discontinuation of Fresco y Más rewards.

Governing law and enforceability

Florida law and federal law govern these Terms and any aspect of your relationship with us. These laws govern without regard to any conflicts of laws principles that would otherwise apply the substantive law of another jurisdiction. If any provision of these Terms is deemed to be invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms.

Assignments

Except as expressly set forth herein, you may not sell, assign, or transfer any aspect of your Fresco y Más rewards account, or any of your rights or obligations under these Terms, whether by operation of law or otherwise. We may sell, transfer, or assign the Fresco y Más rewards program, these Terms, or your Fresco y Más rewards account, in whole or in part, at any time, without notice to you. If we make such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and we will be released from any responsibilities or obligations.

Arbitration

Most customer concerns can be resolved by calling our customer service center at 1-844-745-0463. In the event that the customer service center is unable to resolve a complaint to your satisfaction, this section explains our and your agreement to resolve our claims through mediation and/or arbitration.  

For this Arbitration section: (a) “you” includes you, any person acting on your behalf including, if you are a minor, your parents and legal guardians; (b) “we” and “us” includes Sunshine Retail Investments, LLC and any corporate parents, subsidiaries, affiliates, or related persons or entities, and, if there is an assignment or successor, the assignee or successor and its corporate parents, subsidiaries, affiliates or related persons or entities; and (c) “claim” means any current or future claim, dispute, or controversy relating to Fresco y Más rewards, including these Terms, except for the validity, enforceability, or scope of this arbitration provision. Claim includes, but is not limited to: (1) initial claims, counterclaims, crossclaims, and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law, and equity; and (3) claims by or against any third party using or providing any product, service, or benefit in connection with any Fresco y Más rewards account, or other Sunshine Retail Investments, LLC (or Fresco y Mas) account. You may not sell, assign or transfer a claim.

If a claim arises that cannot be settled through negotiation, you and we agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration as provided hereunder. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT UNDER FLORIDA LAW, ANY CLAIMS AS DEFINED ABOVE WILL BE RESOLVED AND SETTLED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY AND WAIVING THE RIGHT TO LITIGATE ANY CLAIM IN COURT. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS WILL NOT BE PERMITTED. BY AGREEING TO THESE TERMS, YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. You agree that any arbitration will be administered by the American Arbitration Association under its consumer arbitration rules as applicable, and judgment on the award rendered by the arbitrator(s) may be entered in a Florida court having jurisdiction thereof.

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration. The arbitrator’s authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.

Arbitration Procedures.
This Arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). The arbitrator will apply applicable substantive law, statutes of limitations, and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitation of Liability Section of these Terms, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim.

Arbitration Fees and Costs.

You will be responsible for paying your share of any arbitration fees and costs (including filing, administrative, hearing, or other fees).

Continuation.

This Arbitration section will survive termination of the Fresco y Más rewards program or your Fresco y Más rewards account, any bankruptcy, and any sale or assignment of Fresco y Más rewards, or your Fresco y Más rewards account. (In the case of a sale, the terms of this Arbitration provision will apply to the buyer.)