SOUTHERN STEER REWARDS PROGRAM

TERMS AND CONDITIONS OF PARTICIPATION

PLEASE READ THESE TERMS AND CONDITIONS FOR PARTICIPATING IN THE SOUTHERN STEER REWARDS PROGRAM (“TERMS”) CAREFULLY.  BY ENROLLING IN OR PARTICIPATING IN THE SOUTHERN STEER BUTCHER REWARDS PROGRAM (“PROGRAM”), YOU HAVE AGREEED THAT YOU HAVE READ THESE TERMS AND WILL BE BOUND BY THE TERMS, ALL TERMS INCORPORATED BY REFERENCE AND ALL SUBSEQUENT UPDATES TO THESE TERMS.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.  BY ENROLLING AND TAKING PART IN THE PROGRAM, YOU ARE TAKEN TO HAVE READ AND AGREED TO THE TERMS AND TO OUR PRIVACY POLICY.

SECTION 14  CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.   THIS AFFECTS YOUR RIGHTS. PLEASE READ.

1. OVERVIEW OF PROGRAM.  The  (“Program”) is Southern Steer Butcher’s (“our”, “we”,  or “us”) way of thanking our customers.  Beginning October 1, 2023, eligible customers (“you” or “member(s)”) that enroll in the Program will be able to earn points and receive points by making eligible purchases.  You may use these points toward the purchase of eligible products and services at participating Southern Steer Butcher locations, which may change from time to time or be offered on a limited basis.  We may post eligible products and services on our website, in-store or publish information through other media (e.g., in participating Southern Steer Butcher locations, marketing communications, social media, etc.).  Eligilble purchases only include the products and services we designate (which may exclude hand cut meats, alcohol, wine and beer, weekly specials, promotional products and services, refunded purchases, returns, clearance items, gift cards, and other excluded purchases specified by us from time to time.)  The Program is offered at our sole discretion and may be changed or cancelled at any time.

We may offer additional Program offers and benefits to members in our sole discretion.  We will designate, from time to time, the rules for participation in such offers and benefits and may cancel or change the additional Program offers and benefits at any time. The eligibility requirements for additional Program offers and benefits are in our sole determination and may change from time to time.  This Program and other offers, benefits, rewards and programs we may offer may not be combined.

We reserve the right to change Program Terms, the points, offers and benefits of the Program, how you earn points, offers and benefits and how we evaluate and reward your eligible purchases and/or other Program activities.  We reserve the right to place limits on the number of purchases or activities that are eligible for the Program, the number or types of points, offers, and benefits you may receive or earn in a given time period or for the duration of the Program, and/or any combination thereof. The Program is void where prohibited by law. Visit our FAQ page to learn more about the Program.

2. EARNED POINTS, OFFERS AND BENEFITS  The points you earn are equal to one point for each whole dollar ($1.00) you spend on eligible purchases, unless otherwise specified by us, excluding sales tax, fees and charges, discounts, shipping and delivery charges and other excluded fees and charges. One point is equal to one cent off future eligible purchases from participating Southern Steer Butcher locations, unless otherwise specified by us. You will earn points, offers and benefits from eligible purchases made at participating Southern Steer Butcher retail locations. We may, but are not required to, award points, offers and benefits for eligible purchases made through our website at southernsteer.storebyweb.com. You will not receive points, offers and benefits from purchases made at non-participating locations, temporary locations (e.g., farmers markets, concerts, etc.), other retailers, outside the United States or at non-traditional locations such as airports or university locations.

3. EXPIRATION; REDUCTION IN POINTS, OFFERS AND BENEFITS our points, offers and benefits (unless otherwise stated in the specific offers and benefits) must be redeemed by September 30 each year.  After that, any unredeemed points, offers and benefits (unless otherwise stated in the specific offers and benefits) will expire on October 1 each year (“Expiration Date”).  On the Expiration Date, your unused points will be forfeited and reset to zero and you will start accumulating new points.  Unless otherwise stated in the specific offers and benefits), any unredeemed offer or benefit will also expire and be forfeited (if they have not already done so in accordance with the applicable terms) on the Expiration Date.  We may decrease or reverse points, offers and benefits credited to your member account, if (a) you return eligible purchases; (b) points, offers or benefits are obtained through fraud or other means that violate these Terms; or  (c) points, offers or benefits are incorrectly allocated to your member account.

4. ELIGIBILITY.  The Program is available to individuals for their personal use only.  The Program is limited to one account per individual and no member’s account, points, offers or benefits may be shared or combined with any other member’s account.  Companies and associations may not participate. Members must be residents of the United States and be at least 18 years or older (unless applicable law requires you to be older to participate, in which case, you must meet the minimum age requirements required by applicable law).  Southern Steer employees are not eligible to participate in the Program.

5. ENROLLMENT  You must be enrolled in the Program for your eligible purchases to qualify for the Program. Eligible individuals may enroll in the Program at participating Southern Steer Butcher locations or, if available, at https://store.southernsteer.com. Please be sure to select you local store in the upper left hand corner before creating your account.  You are required to provide your first name, last name, mailing address, phone number, email address and birth date.  You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information at southernsteer.storebyweb.com. Only one member account may be associated with a single email address.  In the event of a dispute over ownership of the member 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 Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider or online service provider that is responsible for assigning email addresses for the domain associated with the submitted email address.

6. BENEFITS.  Once you enroll in the Program, you will receive points, offers and benefits after your first purchase at a participating Southern Steer Butcher location. Points, offers and benefits are available while supplies last and we may make substitutions or cancelations in our sole discretion. Points, offers and benefits have no cash value and may never be redeemed for cash.  Points, offers and benefits are non-transferable, and you do not have any property rights in the points, offers and benefits. Points, offers and benefits cannot be backdated.  The sale, barter, transfer, or assignment of any points, offers or benefits offered through the Program, other than by us, is expressly prohibited. Points, offers and benefits cannot be exchanged or returned for other points, offers or benefits.  We are not responsible for any points, offers or benefits lost or redeemed due to fraudulent activity or theft.  You may track your points, offers and benefits by logging onto your member account at https://store.southernsteer.com.

7. COMMUNICATIONS.  If you have concerns that a purchase or other activity was not properly applied to your member account, you should contact Southern Steer Butcher’s customer service at support@southernsteer.com.  Your email must specify your name, phone number and email address associated with your member account, the issue(s) you encountered and the date.  This email must be sent no more than thirty days after the date the eligible purchase or other Program activity took place.  We are not responsible for late notifications about eligible purchases or other Program activities not being credited to your account.By enrolling in the Program and providing your email address and any cellphone number, you will automatically be subscribed to receive, and you consent to receive Southern Steer Butcher marketing emails, Program related emails and text messages, including from Southern Steer Butcher LLC, Southern Steer Franchising International, LLC, Southern Steer Butcher franchisees, licensees, affiliates and partners.  You may opt out of receiving Southern Steer Butcher marketing emails and texts at any time by following the instructions provided in the email or text message or at southernsteer.storebyweb.com.  You will still receive emails regarding your membership in the Program, unless you terminate your membership.

8. TERMINATION AND MODIFICATIONS TO PROGRAM.   We may, in our sole discretion, terminate, modify or restrict the Program, these Terms, our FAQs, or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of points, offers or benefits already accumulated or earned and/or the ability to redeem accumulated points, offers or benefits.  By participating in the Program, you are accepting such termination, modifications or restrictions and any changes to our Terms. Notwithstanding the foregoing, Sections 10, 11, 12, 13, 14, 15, 16 and 17 will survive the termination of these Terms and the Program.

9. TERMINATION AND MODIFICATION TO YOUR MEMBERSHIP ACCOUNT. 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.  Any suspected abuse of the Program, failure to follow any Terms, membership inactivity (e.g. no points earned or redeemed) for more than twelve months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests or to Southern Steer Franchising International, LLC or Southern Steer Butcher franchisees, licensees, affiliates, partners or their interests, including without limitation, any suspected illegal, fraudulent or other unauthorized use of any Program points, offers or benefits, may result in the revocation of your membership and make you ineligible for further participation in the Program.  If your membership is revoked or terminated by you or us,  your access to the Program and features will automatically terminate and your points, offers and benefits will immediately expire and be forfeited and will not be reactivated upon creating a new member account. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.

You may cancel your membership in the Program at any time in person, at any participating Southern Steer Butcher locations or by emailing Southern Steer Butcher’s customer service at support@southernsteer.com.

10. DISCLAIMERS. NEITHER SOUTHERN STEER BUTCHER, LLC, SOUTHERN STEER FRANCHISING INTERNATIONAL, LLC, ITS FRANCHISEES OR ITS LICENSEES NOR THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OR PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY POINTS, OFFERS, OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES CANNOT BE EXCLUDED BY APPLICABLE LAW.

11. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER SOUTHERN STEER BUTCHER, LLC, SOUTHERN STEER FRANCHISING INTERNATIONAL, LLC, ITS FRANCHISEES OR ITS LICENSEES NOR THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OR PARTNERS ARE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (1)  ACCESS DELAYS OR INTERRUPTIONS TO THE PROGRAM; (2) MISDELIVERY OR NON-DELIVERY OF DATA; (3) LOSS, THEFT, CORRUPTION, DESTRUCTION OR OTHER MODIFICATIONS OF DATA; (4) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT OR TRACKING OF ANY POINTS, OFFERS OR BENEFITS; (5) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR DURING YOUR PARTICIPATION IN THE PROGRAM; (6) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF THIRD-PARTY LINKS IN CONNECTION WITH YOUR USE OR PARTICIPATION IN THE PROGRAM; (7) DISRUPTION TO THE PROGAM; (8) DELAYS OR INABILITY TO PROVIDE POINTS, OFFERS OR OTHER BENEFITS; OR (8) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. FURTHER NEITHER SOUTHERN STEER BUTCHER, LLC, SOUTHERN STEER FRANCHISING INTERNATIONAL,LLC, ITS FRANCHISEES OR LICENSEES NOR THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OR PARTNERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED TWO HUNDRED DOLLARS ($200.00). IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY.  NEITHER SOUTHERN STEER BUTCHER, LLC, SOUTHERN STEER FRANCHISING INTERNATIONAL, LLC, ITS FRANCHISEES OR ITS LICENSEES NOR THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OR PARTNERS HAVE ANY OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.TIME FOR BRINING A CLAIM. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY POINTS, OFFERS OR BENEFITS OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE GOVERNING LAW. The Program and the Terms will be governed by and construed in accordance with the substantive laws of the State of Florida, without reference to conflict-of-law considerations.

12. DISPUTE RESOLUTION. SUBJECT TO SECTION 15, ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR MEMBERSHIP, OR THE RELATIONSHIP BETWEEN YOU AND US, SOUTHERN STEER BUTCHER, LLC, SOUTHERN STEER FRANCHISING INTERNATIONAL, LLC, ITS FRANCHISEES OR ITS LICENSEES AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OR PARTNERS WILL BE SUBMITTED TO CONFIDENTIAL, BINDING ARBITRATION IN TAMPA, FLORIDA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. Arbitration will be governed by the then current Consumer-Related Disputes Supplementary Rules (“Rules”) of the American Arbitration Association (“AAA”) in front of one arbitrator . The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SOUTHERN STEER BUTCHER, LLC, SOUTHERN STEER FRANCHISING INTERNATIONAL, LLC, ITS FRANCHISEES AND ITS LICENSEES, AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OR PARTNERS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You agree that (a) no arbitration or proceeding  will be joined with any other third-party; and (b) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

13. INJUNCTIVE RELIEF. Notwithstanding  Section 14, if you violate or threaten to violate our or Southern Steer Butcher, LLC’s, Southern Steer Franchising International, LLC’s, its franchisees, its licensees, their parents, subsidiaries, affiliates, and/or partners’ intellectual property rights or otherwise have a cause of action in equity, we, and/or Southern Steer Butcher, LLC’s, Southern Steer Franchising International, LLC’s, its franchisees, its licensees, their parents, subsidiaries, affiliates, and/or partners may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.

14. INDEMNIFICATION. You agree to defend, indemnify and hold us, Southern Steer Butcher, LLC’s, Southern Steer Franchising International, LLC’s, its franchisees, its licensees, their parents, subsidiaries, affiliates, partners and our and their 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 in violation of any law, rule, regulation or these Terms.

15. PRIVACY.  By joining the Program, we will need to collect, hold, use and disclose information about you in connection with your member account, points, offers and benefits.  The personal information collected from you in connection with the Program, including but not limited to, purchases made in connection with your membership and participation in the Program, will be used and disclosed by us in accordance with our Privacy Policy.  We may also disclose the personal information collected from you in connection with our Program, including to service provides, and other third parties involved in administering and promoting the Program.

16. CONTACT US. For information about the Program and your membership, contact Customer Service at support@southernsteer.com.  You may also find answers to frequently asked questions in our FAQS.

17. PRIOR REWARDS PROGRAMS. If you were previously enrolled in any other Southern Steer Butcher loyalty reward programs, beginning October 1, 2023, all eligible prior loyalty reward program members will be automatically enrolled in the Program and subject to these Terms (which will supersede all previous programs,  terms and conditions).  If you do not wish to be enrolled in this Program, you can opt-out by following the instructions at https://store.southernsteer.com, or you can opt-out at any participating Southern Steer Butcher location.  If you remain enrolled in this Program, points you earned (through a previously enrolled Southern Steer Butcher loyalty rewards program) for purchases you made for the period of July 1, 2023 through September 30, 2023 will roll over to this Program. If you are not eligible to be enrolled in this Program or you elect to opt-out, all points, offers and benefits from the previously enrolled Southern Steer Butcher loyalty rewards program will terminate and be forfeited as of October 1, 2023.

18. SEVERABILITY. If any provision of these Terms or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms and the application of such provisions to other persons or circumstances will not be affected. To the fullest extent possible, a court finding such provision invalid, illegal, or unenforceable will modify and construe the provision so as to render it valid and enforceable as against all persons and to give the maximum possible protection to persons subject to the indemnification in Section 16 within the bounds of validity, legality, and enforceability.