Festival Terms of Use

Updated and Effective: September 17, 2026

IMPORTANT:

• Binding Arbitration: These terms of use (“Terms of Use”) include a mandatory arbitration provision, which requires that disputes are resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis. See Section VIII for additional provisions.
• Artificial Intelligence (AI) Services:
  • Some portions of our Services (defined below) may include the ability to use AI tools and/or receive content that is generated by AI, including content that is personalized to you. Examples may include without limitation, product recommendations or allergen and ingredient analysis based on the health data and preferences you provide. AI can make mistakes, and we do not warrant that any content, whether AI-generated or not, is accurate, complete, or error-free. Please consult with your physician or other qualified healthcare provider and read all product labels and recipes to ensure they meet your needs.
  • By using these portions of our Services, you agree that Festival and its applicable vendor(s) (if any) may use your non-personal data and interactions to train, test, or improve our machine learning, artificial intelligence, and related algorithms for operating, providing, and enhancing the Services.
  • Any deviation, contradiction, additional, or different term provided to you by an AI or other technology, whether such technology is provided by Schnucks or by a third party, shall be void and non-binding, and instead, the applicable terms, policy, or practice shall control.
  • In the event you use an AI agent technology to place orders with Festival, whether or not such technology is provided by Festival or whether or not such action violates these Terms, you agree that all such orders are subject to these Terms of Use and all relevant Festival terms, policies, and practices, and waive any right to reject or repudiate such orders based on errors made by the technology.

I. Introduction

Welcome to WI Foodliner, Inc. d/b/a Festival Foods (hereinafter “Festival,” “we,” or “us”). Please read these Terms of Use carefully. These Terms of Use set forth legally binding terms and conditions, and govern your use of and interaction with any of our websites, applications, and other products, features, and services that provide a link to these Terms of Use (collectively “Services”). By accessing or using such Services, you accept and agree to be legally bound by these Terms of Use.

Additional Terms. Certain areas or features of the Services may be subject to additional terms and conditions which are made available by us to you (“Additional Terms”). Such Additional Terms include, but are not limited to the following: the Festival Coupon Policy, the Rewards Terms, and the Festival Text Message Program Terms. Your access to and use of such areas or features of the Services is conditioned upon your acceptance of such Additional Terms, and the Additional Terms are incorporated into these Terms of Use by reference. To the extent there is a conflict between these Terms of Use any Additional Terms, the Additional Terms will control with respect to the appliable Services.

Privacy Policy. Your use of the Services is subject to our Privacy Policy, which explains our collection, use, and sharing of your personal data.

Changes to These Terms of Use. To the extent allowed by applicable law, we reserve the right to amend these Terms of Use from time to time without prior notice. When we make changes, the new Terms of Use will be posted by us on the Services. We may also provide notice to you in other ways, such as through contact information that you have provided. Your continued access to and use of the Services after we have modified these Terms of Use will signify your acceptance of the amended terms.

Changes to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or content. In addition, we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

Contacting Us. Customer satisfaction is our first priority at Festival, and nothing is more valuable to us than your comments and suggestions. Please let us know what we are doing right, and what you would like to see us improve. With your help, we will make Festival an even better place to shop. Please contact us online, by telephone at 877-784-6469 (toll free) or 920-632-6899, or by mail at Festival Customer Care, ℅ Festival Support Office, 1724 Lawrence Drive, De Pere, Wisconsin 54115.

II. Services Use

Eligibility. Access to and use of the Services is limited to your personal, non-commercial use, and is void where prohibited. Children under 18 years of age are not eligible to use the Services. By accessing and using the Services, you represent and warrant that: (a) all information that you submit to us is, and will be updated to remain, truthful, accurate and complete; and (b) your access to and use of the Services does not and will not violate any applicable laws of your local jurisdiction.

Account and Password. For certain areas of the Services, you may be asked to register an account, choose a username and password for your account, set account preferences, and/or provide certain additional information. Your account may be used by you only, and may not be shared with any other person. You are solely responsible for all activity that occurs under your account, including without limitation if you make use of an AI shopping assistant to conduct transactions through our Services (whether such functionality is provided by us or not). You are solely responsible for selecting, changing, and maintaining the privacy of your username and password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your username or password.

Promotions, Coupons and Advertisements. We will use reasonable efforts to honor all Festival promotions, coupons and advertisements made available on the Services, according to their terms, subject to availability, and only for the specified dates. On occasion, a promotion, coupon, or advertisement may be listed in error, or may contain incorrect pricing, availability, or other information. We will not be obligated to honor any such promotions, coupons or advertisements, and we apologize in advance for any inconvenience.

Content Posted by Users. Certain areas of the Services may permit users to submit or “post” questions, feedback, and other information (referred to collectively as “content”). All content submitted by you must be appropriate for viewing by a general audience, consistent with the general quality standards of the Services, and otherwise in compliance with these Terms of Use, and you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, distribute, reproduce, modify, adapt, translate, create derivative works of, publicly perform, and publicly display your content, in whole or in part, together (at our option) with the names and likenesses of any persons identifiable therein, in any form, media, or technology now known or later developed, for the purposes of operating and providing the Services to you and to other users. Notwithstanding the foregoing, you are solely responsible for all content that you submit. Except as otherwise described in our Privacy Policy, any content you provide will be treated as non-confidential and non-proprietary, and we will not be liable for any use or disclosure of your content.

We Are Not Responsible for User Content. We reserve the right, but will not have the obligation, to relocate and/or remove content that violates these Terms of Use. We assume no responsibility for the content posted by users of the Services. It is possible that other users may post inaccurate, offensive, or inappropriate content, and that you may view or be involuntarily exposed to inaccurate, offensive or inappropriate content. We do not approve of such conduct. However, we are not responsible for the content or conduct of other users of the Services, and will have no liability for any actions or inaction taken in connection therewith. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions of Festival. We make no representations or warranties, express or implied, as to the content submitted by users, and will have no obligation to modify or remove inaccurate or inappropriate content.

User Disputes. We encourage you to report any abuse of the Services or violation of these Terms of Use by other users. Notwithstanding the foregoing, you are solely responsible for your interactions with other users of the Services. We reserve the right, but will have no obligation, to monitor activities and communications on the Services, and to take action where we deem it to be appropriate, in our sole discretion.

Prohibited Activities. You may not: (1) use the Services for advertising, promotional or other commercial purposes; (2) transmit “junk mail,” “chain letters,” “pyramid schemes,” “spam,” or other unsolicited mass mailings or communications; (3) use automated means, including but not limited to scripts, spiders, robots, crawlers, intelligent agents, or data mining tools, to navigate, post content to, copy or otherwise take content from, or purchase from, the Services except to the extent we provide such means as a standard part of our Services or permit publicly available web browsers; (4) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services; (5) reverse engineering, decompiling, or attempting to extract the source code or underlying AI models of the Services; (6) impersonate a representative of Festival or another user; (7) attempt to gain unauthorized access to any other user’s account, data or restricted areas of the Services; (8) “stalk” or otherwise harass anyone, or contact any user that has not specifically asked to be contacted; (9) engage in or promote any activity, or post or transmit any content, that is illegal, threatening, abusive, offensive, obscene, harassing, defamatory, deceptive, false, misleading, inaccurate, unsafe, invasive of another’s privacy, or endangering of minors in any way; (10) promote or encourage discrimination or hatred or physical harm of any kind against any group or individual; (11) infringe, misappropriate, or violate the copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, rights of privacy or publicity, or other rights of any third party, or violate any contractual, fiduciary or other legal duty or obligation; or (12) use any portion of the Services to create, train, test, or improve any AI model, large language model, or similar technologies.

Monitoring, Suspension, and Termination. We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time and for any reason, and/or to take other action, with or without notice to you. This includes without limitation that we may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms of Use or use the Services in a manner for which they are not intended to be used; (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for Festival, the general public, any third party, or any user of our Services; (3) in response to requests by law enforcement or other government agencies; (4) upon discontinuation or material modification of any Services; or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

Your Warranties to Us. You represent to us (which representation shall be deemed to be made each time you use the Services), that (1) you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention; (2) before using the Services, you will consult your physician, particularly if you are at risk for problems resulting from changes in your diet; (3) if any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you will follow the advice of your physician; and (4) that all content you post or otherwise provide to us or to the Services does not and will not violate the “Prohibited Activities” section of these Terms of Use.

Indemnification. You agree to indemnify, defend and hold Festival, its directors, officers, employees, agents, affiliates and suppliers (collectively, the “Festival Parties”) harmless from and against any and all claims, demands, actions, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including reasonable attorneys’ fees and legal costs) arising out of or resulting in whole or in part from your violation of these Terms of Use, your misuse of the Services, or your actual or alleged violation of any applicable law or the rights of another person or entity.

III. Links to Third Party Sites

The Services may contain links to sites or applications not owned or operated by us, including to those featuring companies, products, services, or news that may be of interest or to pages that we maintain on YouTube, Facebook, X, or other social media sites. The inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval. When you access third party sites or applications, you do so at your own risk. We assume no responsibility or liability for any information, products, or services available on or through any third party site or application, or for any actions taken by you or others in connection therewith.

IV. Proprietary Rights

Festival and its suppliers reserve all right, title and interest in and to the Services, including but not limited to all products, services, materials, information, and compilations of information available on or through the Services, as well as any and all domains and sub-domains, the design, layout, graphics, programming code and “look and feel” of the Services, the copyrights, trademarks, service marks, and trade dress appurtenant thereto, all goodwill arising therefrom, and all other intellectual property and proprietary rights of any nature throughout the world embodied therein (all of the foregoing, collectively, the “Festival IP”). You are granted a limited license to use the Festival IP for your personal, non-commercial use only. This includes that you may not modify, reproduce, distribute, sell, or create derivative works based upon the Services, or post any content from the Services to newsgroups, blogs, mailing lists, social media sites, or other third party outlets without our prior written consent.

From time to time, you may provide us with suggestions, comments, ideas or other feedback for the Services or the products, services, or information featured on the Services (“feedback”). By submitting such feedback, you unconditionally and irrevocably authorize Festival, its successors and assigns to use, disclose and otherwise commercialize and exploit such feedback free of any and all claims by or monetary obligations to you or proprietary, confidentiality or other restrictions of any kind, including without limitation for purposes of developing improvements to our websites, applications, features, information, and products and services.

V. Copyright and Other Intellectual Property Infringement Claims

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Festival has a designated agent for receiving notices of copyright infringement, and we follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• An identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• An identification of the material that you claim is infringing or to be the subject of infringing activity, together with information reasonably sufficient for us to locate the material on the Services;
• Information reasonably sufficient to permit us to contact the complaining party;
• A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send this information to our Copyright Agent:

General CounselWI Foodliner, Inc.1724 Lawrence DriveDe Pere, Wisconsin 54115Email: legal@festfoods.com

If you believe that any content on the Services violates your exclusive rights other than copyrights, please provide us at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint to legal@festfoods.com.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

VI. Disclaimers

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE CONVENIENCE OF OUR CUSTOMERS. AND ALL USE OF THE WEBSITE IS “AT YOUR OWN RISK.” IF YOU ARE UNSURE OF WHETHER A PARTICULAR PRODUCT OR SERVICE IS RIGHT FOR YOU, YOU SHOULD VISIT A FESTIVAL STORE IN PERSON TO CONSULT WITH A HELPFUL FESTIVAL ASSOCIATE, REVIEW THE PRODUCT PACKAGING DESCRIPTION AND INSTRUCTIONS, AND WHENEVER NECESSARY, CONSULT WITH A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL.

THE WEBSITE MAY CONTAIN MEDICAL AND HEALTH-RELATED INFORMATION, INCLUDING SAFETY BULLETINS, PRODUCT RECALL INFORMATION, LISTINGS AND PICTURES OF CERTAIN MEDICATIONS AND OTHER HEALTH-RELATED PRODUCTS. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND FESTIVAL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THIS INFORMATION WILL BE TIMELY, ACCURATE, OR COMPLETE, AND WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL RESPONSIBILITY AND LIABILITY FOR YOUR ACTS OR OMISSIONS IN RELIANCE THEREON. THIS INFORMATION IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE, REGARDLESS OF WHETHER POSTED BY FESTIVAL, ITS AGENTS, AFFILIATES, SUPPLIERS, OR OTHER VISITORS. LIKE ANY INFORMATION AVAILABLE ON THE INTERNET, THIS WEBSITE SHOULD NEVER BE USED AS A SUBSTITUTE FOR YOUR PHYSICIAN’S ADVICE AND YOUR GOOD JUDGMENT.

FESTIVAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES OR INFORMATION CONTAINED THEREIN, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FESTIVAL DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES WILL BE TRUE, ACCURATE, COMPLETE, UP-TO-DATE, OR FREE FROM VIRUSES, MALICIOUS CODE, TYPOGRAPHICAL ERRORS OR ALTERATION BY THIRD PARTIES.

VII. Limitations of Liability

IN NO EVENT WILL FESTIVAL OR ITS SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, DAMAGE TO OR LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SERVICES, OR THE PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES (INCLUDING INACCURATE INFORMATION GENERATED BY AI), OR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE THEREON.

THE TOTAL CUMULATIVE LIABILITY OF FESTIVAL AND ITS SUPPLIERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SERVICES, INCLUDING ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE THEREON, WILL NOT EXCEED THE TOTAL FEES (IF ANY) PAID BY YOU IN THE PRIOR ONE (1) MONTH FOR THE PRODUCTS, SERVICES, AND/OR INFORMATION MADE AVAILABLE TO YOU THROUGH THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS ON LIABILITY IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND WILL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR TYPES OF DAMAGES, AND SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.

VIII. Binding Arbitration (“Arbitration Agreement”)

1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to these Terms of Use or any Supplemental Terms, or to any aspect of your relationship with Festival, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Festival may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises, otherwise the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

If you agree to arbitration with Festival, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against the Festival Parties alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against the Festival Parties in your individual capacity in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

1. Process. You may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Festival will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Festival after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All discovery allowed in the arbitration shall follow the federal standard that discovery be relevant and proportional to the needs of the case as determined by the arbitrator.
2. Fees. According to JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, you must pay a $250.00 fee and all other costs are borne by Festival (excluding attorneys’ fees). If the arbitrator determines the claims are frivolous, you agree to pay Schnuck’s attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
3. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Festival. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
4. Waiver of Jury Trial. You and Festival hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Festival are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section VIII(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
5. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated in Your individual capacity, on an individual basis and not on a class or representative basis; only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph (f) or subparagraph (e) above are deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section X.

You and Festival agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Festival within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Festival agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

1. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by submitting this form, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Festival username (if any), the email address you used to set up your Festival account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
2. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable (other than that claims will not be arbitrated on a class or representative basis as noted in subparagraphs e and f), then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
3. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Festival.
4. Modification. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Festival makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Festival.

IX. Apps

General. You acknowledge and agree that the availability of any apps we may offer (“Apps”) are dependent on the third party from whom you received the App license (e.g., Apple App Store or Google Play) ("App Store"). You acknowledge that these Terms are an agreement between you and us, and not with the App Store. We, not the App Store, are solely responsible for the Services, including the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Apps, you must have Internet access, including in some cases, wireless network services. You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Apps. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using our Services, including the Apps. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.

We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Services may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that these Terms of Use (and any additional modifications of the same or applicable Additional Terms) will apply to any and all Updates to the Services.

Accessing and Downloading Apps from Apple. The following applies to any App accessed through or downloaded from the Apple App Store (an “Apple-Sourced App”):

1. Acknowledgment. You acknowledge and agree that (i) these Terms are between you and Festival (or any third party developer that may own or operate the App) only, and not Apple, and (ii) Festival, not Apple, is solely responsible for the Apple Store Sourced App and content thereof.
2. Scope of License. Your license to use the Apple-Sourced App is non-transferable and limited to use on an Apple-branded product that you own or control, and as permitted by the “Usage Rules" set forth in the Apple Media Services Terms and Conditions.
3. Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced App.
4. Warranty. In the event of any failure of the Apple-Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced App. As between Festival and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Festival.
5. Product Claims. You and Festival acknowledge that, as between Festival and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple-Sourced App or your possession and use of the Apple-Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights. You and Festival acknowledge that, in the event of any third-party claim that the Apple-Sourced App or your possession and use of that Apple-Sourced App infringes that third party's intellectual property rights, as between Festival and Apple, Festival, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third Party Terms. You must comply with any applicable third party terms of agreement when using the Apple-Sourced App (e.g., your wireless data service agreement).
9. Third Party Beneficiary. You and Festival acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Apple-Sourced App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Apple Store Sourced App against you as a third-party beneficiary thereof.

X. Miscellaneous

Governing Law. The Services are hosted and operated in the United States of America. These Terms of Use and the relationship between you and us relating to your access to and use of the Services will be governed by and interpreted for all purposes in accordance with the laws of the State of Wisconsin, USA, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction.

Jurisdiction and Venue. Except as set forth in the Arbitration Agreement of Section VIII, any dispute, action, or proceeding arising out of or related to these Terms of Use, your access to or use of the Services, or the products, services, or information made available to you through the Services will be commenced in the state courts of Brown County, Wisconsin or, if proper and exclusive subject matter jurisdiction exists, the U.S. District Court of the Eastern District of Wisconsin. You hereby consent to the exclusive personal jurisdiction and venue of such courts and waive any objections thereto, including without limitation any objection based on forum non conveniens; provided, however, the foregoing will not prevent us from seeking temporary or permanent injunctive or other equitable relief against you or compelling your indemnification obligations in any court of competent jurisdiction.

Assignments. You may not assign these Terms of Use or assign or delegate any right or duty under these Terms of Use, in whole or in part, without our prior written consent. Any attempted assignment or delegation will be null and void from the beginning and without effect. We may assign these Terms of Use or any right or duty under these Terms of Use, with or without notice to you, including to any affiliate or successor in interest. Subject to the foregoing, these Terms of Use will be binding on and inure to the benefit of you and us, and each of our respective heirs, administrators, successors and permitted assigns.

Third Party Beneficiaries. Nothing contained in these Terms of Use, express or implied, is intended or will be construed to give any third party any rights or remedies under or by reason of these Terms of Use. Notwithstanding the foregoing, the disclaimers and limitations on liability under these Terms of Use will extend to Festival, its directors, officers, employees, agents, affiliates and suppliers. All references to Festival in connection therewith will be deemed to include such persons and entities as third party beneficiaries entitled to accept all benefits afforded thereby.

Amendment; Waiver. Any amendment by you or waiver by us of these Terms of Use must be in writing and signed by a duly authorized representative of Festival. No provision will be waived by any act, omission or knowledge of a party. Any waiver on one occasion will not constitute a waiver of any other or subsequent duty or breach.

Severability. If any provision of these Terms of Use is determined to be invalid or unenforceable under applicable law, the provision will be amended by a court of competent jurisdiction to accomplish the objectives of such provision to the greatest extent possible under applicable law, or severed from these Terms of Use if such amendment is not possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

Survival. All provisions of these Terms of Use and any applicable Additional Terms which by their nature should survive termination, will survive termination of your access to the Services, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Construction. The captions in these Terms of Use are for reference purposes only and will not affect the meaning or interpretation of these Terms of Use. The term “including” as used herein means “including without limitation.” The terms “hereunder,” “herein,” “hereof” and similar variations mean these Terms of Use as a whole, and not any particular section.

Entire Agreement. These Terms of Use set forth the entire agreement of the parties with regard to the subject matter hereof, and supersede all prior and contemporaneous negotiations and agreements, written or oral.

Festival Rewards Terms and Conditions

Updated and Effective: September 17, 2026

Welcome to the Festival Rewards Program (“Rewards Program”), a program that allows you to accrue Points toward a discount off your next grocery trip and free/discounted products and other rewards.

Thank you for reviewing the terms and conditions (“Rewards Terms”) to the Rewards Program operated by WI Foodliner, Inc. d/b/a Festival Foods (“Festival” or “we” or “our” or “us”). By joining and participating in the Rewards Program, you agree to these Rewards Terms, which govern the terms and conditions of the Rewards Program. Do not participate in the Rewards Program, and cancel your Rewards Account, if you do not agree to any portion of these Rewards Terms.

These terms are in addition to, and do not replace Festival's Terms of Use (“Terms of Use”), which also apply to your participation in the Rewards Program and use of the Festival Rewards App and Festival's websites. Where there is a conflict between the Terms of Use and these Rewards Terms, these Rewards Terms shall govern with respect to your participation in the Rewards Program. In some instances, both these Rewards Terms, including the rewards schedule attached as Exhibit A hereto (“Rewards Schedule”), and/or other additional terms explained in an offer or promotion setting forth additional or different terms and/or conditions will apply to your Rewards (in each such instance, and collectively “Rewards Additional Terms”). To the extent there is a conflict between these Rewards Terms and any Rewards Additional Terms, the Rewards Additional Terms will control. If you subscribe to our Text Message Program through your Rewards Program account, our Text Message Terms apply to your participation.

Privacy Policy. Your membership in the Rewards Program is subject to our Privacy Policy, which explains our collection, use, and sharing of your personal data.

IMPORTANT:

• Binding Arbitration: The Terms of Use include a mandatory arbitration provision, which requires that disputes are resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis. These provisions also apply to disputes arising under these Rewards Terms. See Section VIII of the Terms of Use for additional provisions.
• Artificial Intelligence (AI) Services: Certain features of the Rewards Program may include the ability to use AI tools and/or receive content that is generated by AI, including content that is personalized to you. These features are governed by the Terms of Use. Please review those terms for important information.

1. Accounts and Rewards Program Service
   1. Eligibility

Rewards Program membership is open to legal residents of the States of Wisconsin, Illinois, Iowa, Minnesota and Michigan who are 18 years of age or older, for personal, non-commercial use at Participating Stores. Geographic and other eligibility restrictions may apply to some aspects of our Rewards Program. Non-reseller businesses may join the Rewards Program for their non-commercial, internal purposes at Participating Stores. Resellers are excluded from the Rewards Program and from receiving Points, Rewards Program Discounts and other Rewards or Reward Offers. If we mistakenly issue Points, Rewards Program Discounts or other Rewards or Reward Offers for resale purchases or to resellers, we reserve the right to deduct those and/or to invalidate improperly issued Reward Offers. If you are found, in our sole discretion to be a reseller, your Rewards Account may be terminated.

The Rewards member named on the Account is solely responsible for any third-party Account access or activities.

An individual may not have more than one Rewards Account, and you agree not to participate in more than one Rewards Account.

1. AccountsTo participate in the Rewards Program, you must complete the rewards program account (“Rewards Account” or “Account”) registration process, which may be done at a Participating Store, online at www.festfoods.com/festival-rewards, through the Rewards App or in such other manner as we may offer. Registering an Account is not required to make a purchase in-stores, but is required to place an online order for delivery or pick-up through Festival, and to earn and redeem Rewards. When you create an Account, the Account registration process (including, without limitation, the collection of your personal information) is independent of any purchase transaction you may make at or around the same time. .

You must provide and maintain a valid e-mail address and a telephone number, and promptly update your Account with any changes.

You agree to keep your Account information current and to secure your Account credentials and log-in information. You should alert us at help.festfoods.com or 877-784-6469 (toll free) or 920-632-6899 in the event of suspected unauthorized access to or misuse of your Account, but you will remain solely responsible for any unauthorized use or misuse. You may view your Rewards Program activity at the Rewards section of festfoods.com/festival-rewards (“Rewards Site”). From time-to-time we may provide you with other ways to access, update and use your Account.

1. Rewards and Benefits
   1. Points and Other Rewards The Rewards Program provides you with the ability to receive discounts, credits, points (“Points”), or other benefits (collectively “Rewards”). Rewards have no cash value or equivalency, and neither Rewards Program participants nor any third party shall have any property or other right or interest in or to Points or other Rewards (including, without limitation, no community property interests apply to a spouse’s Rewards and they are not descendible upon death) and you may not sell, gift, encumber or transfer Rewards, Reward Offers (defined below), or a Rewards Account. In the event any applicable law shall hold otherwise, you agree that your unredeemed Rewards shall be deemed to have never accrued or issued. Rewards may be subject to geographic eligibility and other restrictions. For a summary of current standard Rewards, check the Rewards Schedule, attached as Exhibit A hereto, and the Reward Offer for applicable Rewards Additional Terms, which may alter standard Rewards terms. Purchases made prior to becoming a Rewards Program member do not count toward receiving Points or Rewards.
   2. “Reward Offer(s)” are free items or in-store discounts on products that we may make from time-to-time, which are subject to their terms and conditions and any other applicable Rewards Additional Terms.
   3. “Rewards Program Discounts,” where available, are a form of Reward Offer and, if issued by us or otherwise accepted by you, a Reward. Rewards Program Discounts, which, unless otherwise specifically provided in the Reward Offer or applicable Rewards Additional Terms, may be used to reduce the amount you pay for the designated products, subject to geographic eligibility and other restrictions. Product availability may vary and may be limited. Rewards Program Discounts may only be applied against actual net purchase amounts (i.e., after applying any other applicable discounts) equal to or greater than the sum of the amount of Reward Offer(s) discount presented for redemption (e.g., an “up to” Dollars off discount), excluding Non-Qualifying Redemptions. Further, if a Reward is for a discount amount in excess of the pre-tax purchase price of Qualifying Products, we may be unable to process that transaction in some instances and in such case the Reward Program Discount or other Reward Offer cannot be applied to that transaction. Reward Offers may be used only once and must be used before they expire.
   4. Not Transferrable/Encumberable. Rewards and Reward Offers are not transferable, exchangeable, or encumberable except as specifically authorized by Festival at its sole discretion.
   5. No Liability. We are not responsible for Rewards or Reward Offers that might be removed or deleted from your Account for any reason, including security compromise, technical error or otherwise.
   6. Expiration of Rewards. Unused Points will not expire for so long as you have at least 1 transaction (i.e., you either earn or redeem Points or Rewards) within the previous 12 months. If after 12 months, you have no such activity on your Account, then your Points balance will expire in its entirety. Additionally, Rewards and Rewards Offers may expire subject to their terms, and if you have converted Points to obtain another Reward or redeem a Reward Offer, such Points will not be reinstated upon such expiration.
2. Points
   1. GeneralHow many Points you can accrue, for what and when, and what the Points can be redeemed for and when (“Accrual and Redemption Opportunities”) may vary from time-to-time and from offer-to-offer, subject to the terms and conditions of applicable Rewards Additional Terms and as set forth in the applicable Reward Offer. Please check our Rewards Schedule (which is a form of Reward Additional Terms), attached as Exhibit A hereto, regularly for current details. Accrual and Redemption Opportunities may change from time-to-time, and from location to location, except to the extent specifically provided in applicable Rewards Additional Terms (e.g., certain terms offered for a limited promotional period). Accrual of Points is limited to your purchase of Qualifying Products at any of the Participating Stores, or as otherwise may be set forth in applicable Rewards Additional Terms (e.g., Rewards received for engaging in Qualifying Activities such as social media or other promotional activities).

Where Points are based on Dollars spent, the applicable calculation will be based on the post-discounts net price you pay for the Qualifying Product. Other restrictions and exclusions may apply. We may choose to offer, in a manner not inconsistent with applicable law, incentive programs such as double Points, to certain, but not all, Rewards Program members. We reserve the right to forfeit or adjust Points if we cannot verify, to our sole satisfaction, the underlying Qualifying Purchase or other Qualifying Activity for the member claiming them, or in the event we suspect fraud or a violation of these Rewards Terms or applicable Rewards Additional Terms. Your printed receipt will show Points earned and redeemed. The Rewards App will show how many Points you have and how many Points you are able to use in redemptions.

1. Accruing Points Points will only be issued for purchases of items then-designated as earnings-eligible (“Qualifying Products”) at Participating Stores that meet all the terms, conditions and requirements of these Rewards Terms and applicable Reward Offer terms and Reward Schedule and other Rewards Additional Terms at the time of purchase (“Qualifying Purchase”). To earn Points on a Qualifying Purchase, you must (1) show your barcode in the Rewards App to the cashier to scan; (2) provide your rewards number (which is your phone number); or (3) for online orders, be logged into your Account. If you make a Qualifying Purchase and were not able to successfully scan your barcode or manually enter your rewards number (which is your phone number), you may contact customer care at 877-784-6469 (toll free) or 920-632-6899 or help.festfoods.com for help. Points that are the subject of any confirmation notice are still subject to adjustment by us. We may offer other means of adding Points to your account. For more information on current Points Accrual and Redemption Opportunities, check the Rewards Schedule, attached as Exhibit A hereto, and see any other then available Rewards Offers and Rewards Additional Terms.
2. Additional Earning Opportunities. Occasionally we may offer a way to receive Points or Rewards for non-purchase activities, subject to applicable Rewards Additional Terms (“Qualifying Activities”), which will be subject to our satisfaction, in our sole discretion, that all applicable terms and conditions were met by you personally (and without use of automated method), and that there is no actual or suspected fraud, misconduct, illegal activity or inappropriate behavior present. To the extent Qualifying Activities involve you engaging in activity that exposes Festival to your friends or the public (e.g., social media posts) you will do so only in a manner that makes it clear that you are potentially eligible for Rewards by doing so (e.g., #FestivalPromotion, #Sponsored, etc.) as more fully explained here: HTTPS://WWW.FTC.GOV/TIPS-ADVICE/BUSINESS-CENTER/ADVERTISING-AND-MARKETING/ENDORSEMENTS and that otherwise complies with applicable Rewards Additional Terms. Qualifying Activities may also include things like the occasion of your birthday, holidays or other events that we may deem from time to time to qualify for Points or other Rewards.
3. Redemption Once you have made enough Qualifying Purchases, or completed enough Qualifying Activities, for an applicable redemption, you may redeem your Points by providing your telephone number at checkout, showing your Rewards App to the cashier, or being logged into your Account when making an online purchase. The redemption value of Points is set forth in Exhibit A. We may, from time-to-time, also provide you with opportunities to elect to redeem Points for a Reward by timely accepting a Reward Offer subject to its terms, at which point your Account will be credited for the applicable Reward, which once credited you may redeem at a Participating Store. Sometimes you will have options as to what Rewards you want to redeem Points for, or what Reward you can choose as part of an applicable Reward Offer. On occasion we may offer Rewards or Reward Offer options that involve redemption or completion through a third party, in which case they will be subject also to that third party’s terms and conditions. Festival will deduct your redeemed Points from, or otherwise adjust, your Rewards Account after the time of redemption, usage, expiration, termination or forfeiture. Once a Reward Offer is selected or otherwise accepted, you cannot reverse the Points redemption transaction, even if the related Reward expires before it is used or completed or it is lost, stolen or compromised.
4. Reward Discounts, and other Rewards, can typically be applied to your purchase by showing the Reward in the Rewards App to a Festival cashier at the time you are making a purchase at a Participating Store. In order to redeem your Reward Offer(s) using the Rewards App, you must (i) activate the Reward from your Rewards App and (ii) show the barcode from the Rewards App to the Festival cashier. Your cashier will verify the Reward, and following verification, will apply the appropriate credit toward your check. Festival will remove your Reward from your Account at the time of redemption. Once redeemed, you cannot reverse the redemption transaction. The following items are, unless otherwise expressly provided in applicable Rewards Additional Terms, considered non-qualifying redemptions for which Rewards and Reward Offers may not be used, applied or otherwise redeemed: alcoholic beverages and other products we may designate on Exhibit A or where required to be excluded by applicable law (“Non-Qualifying Redemptions”). Unless otherwise stated in Reward Offer terms or other applicable Rewards Additional Terms, you may typically combine redemptions with e-mail and printed coupons. Other conditions and exclusions may apply as set forth in applicable Reward Offers and Rewards Additional Terms.
5. Member Communications
   1. E-mail Messages and Notifications You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. You may also control the notifications you receive through the App through your device controls. Please note that we reserve the right to send you certain communications relating to your Account or our Rewards Program, such as administrative and service announcements, and these transactional messages will be unaffected if you choose to opt-out from receiving our marketing communications.
   2. Our Content We try to keep our content current and accurate, but Rewards Program and product information, and other content, on the Rewards Site are not guaranteed, and not all items, pricing and offers are available in all of our locations. Actual availability and pricing will be determined at each applicable Festival Store location.
6. Membership Cancellation and Termination
   1. Cancellation by You. You may cancel your participation in the Rewards Program by (a) selecting the “Delete Account” option in your Account profile, (b) contacting Customer Care at 877-784-6469 (toll free) or 920-632-689 or via our webform. If you cancel your membership in our Rewards Program, you will forfeit all remaining Points, Rewards and Reward Offers.
   2. Cancellation/Termination By Festival. We reserve the right to (a) suspend or terminate your membership because of conduct that we determine, in our discretion, violates these Rewards Terms, Rewards Additional Terms, the Terms of Use, or any applicable law, involves fraud or misuse of Rewards Program membership, or is harmful to our interests or another customer; or (b) terminate the Rewards Program. We also reserve the right to deny future membership if we deem your conduct to have violated these Rewards Terms, Rewards Additional Terms or our Terms of Use. If your Rewards membership is suspended, you may continue to earn Points but you will not be allowed to redeem the Points until it can be determined that there was no fraud or misuse in connection with your Rewards Account. If we determine, in our sole discretion, that there has been fraud in connection with your Rewards Account, we may in our sole discretion reduce the number of Points or dollars accumulated in your Rewards Account which have been earned by such fraudulent activity in lieu of terminating your membership. In the event of such a termination of your membership, you will no longer be allowed to earn Points and your Points and Rewards will be forfeited.
7. Limitations Only one Rewards Program membership will receive Points for any one transaction. As more fully set forth in Section 2 and Section 4, Points and Rewards have no cash or property value and may not be transferred, assigned or encumbered. Additional restrictions may apply pursuant to Reward Offer and promotions terms, and other Rewards Additional Terms. Occasionally we may test new products, services or promotions. Some of these tests may have implications on Rewards Program members that may vary from the terms as stated here. When different policies or terms apply, we will communicate that to you through Rewards Additional Terms or otherwise.
8. General Rewards Program Information The Rewards Program and its content, logos, taglines, and trademarks are the intellectual property of Festival; all rights reserved. These Rewards Terms are void where and to the extent prohibited by applicable law. The interpretation and application of these Rewards Terms is in the sole discretion and determination of Festival, which in each case you irrevocably agree shall be conclusive. We are not liable for any mistake that we may make with respect to awarding or accruing Points, redemption of Points or any other aspect of the Rewards Program. We do not guarantee any accuracy with respect to any aspect of the Rewards Program and we will not be liable for any inaccuracy in connection with the operation of the Rewards Program. 
9. Disclaimers

THE REWARDS PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE CONVENIENCE OF OUR CUSTOMERS. AND ALL PARTICIPATION IN THE REWARDS PROGRAM IS “AT YOUR OWN RISK.” IF YOU ARE UNSURE OF WHETHER A PARTICULAR PRODUCT OR SERVICE IS RIGHT FOR YOU, YOU SHOULD VISIT A FESTIVAL STORE IN PERSON TO CONSULT WITH A HELPFUL FESTIVAL ASSOCIATE, REVIEW THE PRODUCT PACKAGING DESCRIPTION AND INSTRUCTIONS, AND WHENEVER NECESSARY, CONSULT WITH A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL.

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY INFORMATION PROVIDED AS PART OF THE REWARDS PROGRAM WILL BE TIMELY, ACCURATE, OR COMPLETE, AND WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL RESPONSIBILITY AND LIABILITY FOR YOUR ACTS OR OMISSIONS IN RELIANCE THEREON. THIS INFORMATION IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE, REGARDLESS OF WHETHER POSTED BY FESTIVAL, ITS AGENTS, AFFILIATES, SUPPLIERS, OR OTHER VISITORS. LIKE ANY INFORMATION AVAILABLE ON THE INTERNET, THIS WEBSITE SHOULD NEVER BE USED AS A SUBSTITUTE FOR YOUR PHYSICIAN’S ADVICE AND YOUR GOOD JUDGMENT.

FESTIVAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE REWARDS PROGRAM OR INFORMATION CONTAINED THEREIN, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FESTIVAL DOES NOT REPRESENT OR WARRANT THAT YOUR PARTICIPATION IN THE REWARDS PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE REWARDS PROGRAM WILL BE TRUE, ACCURATE, COMPLETE, UP-TO-DATE, OR FREE FROM VIRUSES, MALICIOUS CODE, TYPOGRAPHICAL ERRORS OR ALTERATION BY THIRD PARTIES.

1. Limitations of Liability

IN NO EVENT WILL FESTIVAL OR ITS SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, DAMAGE TO OR LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THESE REWARDS TERMS, THE REWARDS PROGRAM, OR THE PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE REWARDS PROGRAM (INCLUDING INACCURATE INFORMATION GENERATED BY AI), OR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE THEREON.

THE TOTAL CUMULATIVE LIABILITY OF FESTIVAL AND ITS SUPPLIERS ARISING OUT OF OR RELATED TO THESE REWARDS TERMS OR THE REWARDS PROGRAM, INCLUDING ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE THEREON, WILL NOT EXCEED THE TOTAL FEES (IF ANY) PAID BY YOU IN THE PRIOR ONE (1) MONTH FOR THE PRODUCTS, SERVICES, AND/OR INFORMATION MADE AVAILABLE TO YOU THROUGH THE REWARDS PROGRAM GIVING RISE TO THE CLAIM.

THE LIMITATIONS ON LIABILITY IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE REWARDS TERMS, AND WILL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR TYPES OF DAMAGES, AND SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.

1. Miscellaneous

Governing Law. These Rewards Terms and the relationship between you and us relating to your access to and participation in the Rewards Program will be governed by and interpreted for all purposes in accordance with the laws of the State of Wisconsin, USA, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction.

Jurisdiction and Venue. Any dispute, action or proceeding arising out of or related to these Rewards Terms, your access to or participation in the Rewards Program, or the products, services, or information made available to you through the Rewards Program will be commenced in the state courts of Brown County, Wisconsin or, if proper and exclusive subject matter jurisdiction exists, the U.S. District Court of the Eastern District of Wisconsin. You hereby consent to the exclusive personal jurisdiction and venue of such courts and waive any objections thereto, including without limitation any objection based on forum non conveniens; provided, however, the foregoing will not prevent us from seeking temporary or permanent injunctive or other equitable relief against you or compelling your indemnification obligations in any court of competent jurisdiction.

Assignments. You may not assign these Rewards Terms or assign or delegate any right or duty under these Rewards Terms, in whole or in part, without our prior written consent. Any attempted assignment or delegation will be null and void from the beginning and without effect. We may assign these Rewards Terms or any right or duty under these Rewards Terms, with or without notice to you, including to any affiliate or successor in interest. Subject to the foregoing, these Rewards Terms will be binding on and inure to the benefit of you and us, and each of our respective heirs, administrators, successors and permitted assigns.

Third Party Beneficiaries. Nothing contained in these Rewards Terms, express or implied, is intended or will be construed to give any third party any rights or remedies under or by reason of these Rewards Terms. Notwithstanding the foregoing, the disclaimers and limitations on liability under these Rewards Terms will extend to Festival, its directors, officers, employees, agents, affiliates and suppliers. All references to Festival in connection therewith will be deemed to include such persons and entities as third party beneficiaries entitled to accept all benefits afforded thereby.

Amendment; Waiver. Any amendment by you or waiver by us of these Rewards Terms must be in writing and signed by a duly authorized representative of Festival. No provision will be waived by any act, omission or knowledge of a party. Any waiver on one occasion will not constitute a waiver of any other or subsequent duty or breach.

Severability. If any provision of these Rewards Terms is determined to be invalid or unenforceable under applicable law, the provision will be amended by a court of competent jurisdiction to accomplish the objectives of such provision to the greatest extent possible under applicable law, or severed from these Rewards Terms if such amendment is not possible, and the remaining provisions of these Rewards Terms will continue in full force and effect.

Survival. All provisions of these Rewards Terms and any applicable Rewards Additional Terms which by their nature should survive termination, will survive termination of your membership in the Rewards Program, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Construction. The captions in these Rewards Terms are for reference purposes only and will not affect the meaning or interpretation of these Rewards Terms. The term “including” as used herein means “including without limitation.” The terms “hereunder,” “herein,” “hereof” and similar variations mean these Rewards Terms as a whole, and not any particular section.

Entire Agreement. These Rewards Terms set forth the entire agreement of the parties with regard to the subject matter hereof, and supersede all prior and contemporaneous negotiations and agreements, written or oral.

1. Updates to Rewards Terms

Festival reserves the right to modify these Rewards Terms from time to time. Without limiting the foregoing, we may amend the Rewards Program, these Rewards Terms and/or the Rewards Program structure at any time, which changes may include, but are not limited to, changing how Points are earned or redeemed, the available Benefits, the eligibility criteria, or changing the conditions under which Points or Benefits expire or are forfeited. We will notify you of changes to the Rewards Terms by posting the updated Rewards Terms on the Rewards Site and may also choose to notify you by email to the address then associated with your Rewards Account or by other means, consistent with applicable law. The updated Rewards Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by Festival.

Exhibit A

Rewards Schedule

Defined terms are indicated by initial caps and have the meaning ascribed to them in our Reward Terms, to which this Exhibit A is attached.

Additional terms and conditions may apply as stated in applicable Reward Offers, promotional offers or as made available at Participating Stores.

Accruing Points. You will typically accrue Points at the rate of 1 Point for every 10 cents that you spend on Qualifying Purchases of Qualifying Products at Participating Stores. Purchases made prior to joining the Rewards Program and discounts on your purchases do not count for accruing Points.

Redeeming Points. Redemption is possible once you reach 500 Points. Points may be redeemed in increments of 500 Points to receive $1.00 off your purchase. Points may be redeemed only in 500 Point ($1.00 value) increments. The maximum amount that can be redeemed in a single transaction is 500,000 Points ($1,000 value), and this is the maximum amount that can be maintained in your Account.

You can earn and redeem Points on over-the-counter pharmacy items.

You cannot earn or redeem Points on third party gift cards, lottery purchases, money orders, wire transfers and transactions made at customer service.

You can earn Points on alcohol purchases but you cannot redeem Points on alcohol.

With respect to Festival Gift Cards, Points can be earned on the purchase of a Festival Gift Card. You cannot use Points to purchase a Festival Gift Card. You cannot earn points when using a Festival Gift Card to pay for purchases.

Instacart Shoppers, Door Dashers and others shopping for or on behalf of similar third parties are prohibited from earning Points in their Rewards Account when making purchases for customers.

Points must be earned and redeemed at the point of sale at the time of purchase in store. Points cannot be earned or redeemed at a later date if not earned or redeemed at the point of sale at the time of purchase.

You can only redeem Points on the remaining balance of a purchase after The Special Supplemental Nutrition Program for Women, Infants and Children (WIC) has been applied.

Points cannot be redeemed for online orders or at self checkouts in store.

Points cannot be earned for third party marketplace orders.

You can only redeem Points on the remaining balance of a purchase after a coupon has been applied.

You cannot earn Points on Points being used for a purchase.

Other restrictions may apply.

Additional Non-Qualifying Redemptions may be excluded from redemption in Reward Offer terms, or terms made available at any particular Participating Store.

Reward Offers and Rewards are not transferable, exchangeable, or encumberable, except as specifically authorized by Festival at its sole discretion. Identification may be required.

Rewards may be used in conjunction with most, but not all, other Festival discounts or offers toward the purchase of other than Non-Qualifying Redemptions products and services, and such usage will be subject to confirmation at the time of Reward usage and may differ from location to location and from time to time.

“Participating Stores” are limited to our locations in Wisconsin.

Festival Text Program Terms & Conditions

Updated and Effective: September 17, 2026

WI Foodliner, Inc d/b/a Festival Foods. (“Festival” “us” “we” or “us”) offers recurring text messaging programs and occasional one-time or limited-duration text messaging programs, which may include marketing programs. These Text Message Terms and Conditions (“Program Terms”) govern these text message programs, unless a specific set of additional terms are provided.

By signing up for one of Festival text message programs (“Program”), you agree to these Program Terms and our general Terms of Use (which include limitations on your rights and remedies and of our liability), and consent to our practices described herein. In addition, as set forth in our Terms of Use, any dispute, controversy, or claim between the parties arising out of or relating in any way to these Program Terms will be resolved by binding arbitration conducted by JAMS under its rules. Please also review our Privacy Policy.

When you agree to participate in our text messaging program, you typically authorize Festival to deliver, to the designated mobile phone number (registered or used to opt-in via short code), promotional and other text messages, including special offers, alerts, updates, and other transactional and/or marketing texts and information. Messages may be sent via an autodialer (i.e., automated dialing technology), or artificial, or pre-recorded voice. Messages may be in SMS, MMS, or RCS format. You are not required to accept the Program Terms as a condition of purchasing any property, goods or services and no purchase is necessary to subscribe to the Program.

If you do agree, you consent to recurring marketing texts, including promotional information we think you might like when we respond to your inquiries (e.g., we may send a ketchup coupon when you ask what aisle the ketchup is in). We may send reminders based on your activity on our website, such as abandoned cart reminders, browse abandonment (e.g., information and alerts based on the offerings or products you viewed on our website), matters related to your account, and post purchase follow-ups (e.g., offers related to Festival, recommendations based on previous purchases, survey, or sweepstakes opportunities), which may be based on our use of cookies or other tracking technologies when you view content while logged onto the website.

In addition, you may separately consent to recurring, non-promotional, transactional/administrative messages, such as relating to your orders.

To opt in to receive messages from a Festival text messaging program, please follow the instructions provided by Festival, which may include texting a telephone number or short code to join, providing your phone number online at our website, or otherwise providing your consent. You may need to confirm your consent such as by replying Y or through another designated response to an initial text message sent to you. Confirmation of your date of birth is required to opt in to or receive Wine & Spirits messages.

Festival reserves the right to change the phone number from which messages are sent, and you consent to receive messages from the number upon notice from us of the new number.

Opt Out

You can unsubscribe from the Program by texting “STOP” to the telephone number or five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e. the number from which its text messages are being sent). You may receive one final administrative text message confirming that you have unsubscribed.

Unsubscribing to the Program texts will not unsubscribe you from emails from us. However you can follow the unsubscribe link on our promotional emails to learn how to opt-out of Festival promotional emails (you may still, however, receive non-promotional emails from us).

Help

For additional help or to request more information, reply HELP to the number from which you received our text messages.

Cancellation

Festival may suspend or terminate your receipt of Program text messages if Festival believes you are in breach of these Program Terms or the Festival Terms of Use. Your receipt of Program text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Festival reserves the right to modify or discontinue, temporarily or permanently, all or any part of Festival text messages, with or without notice.

Duty to Notify and Availability

You agree to promptly notify us if your phone number changes or you do not continue to own and control the device assigned by your carrier to the number you provided us by contacting us here: help.festfoods.com. You further agree that you will opt out of receiving text messages from Festival by texting STOP to the number for the text message program from which you no longer wish to receive messages (i.e. the number from which its text messages are being sent) prior to ending your use of the mobile telephone number.

The Program may not be available in all areas. You understand that message and data rates may apply and your carrier may charge you or deduct usage credit from your account when you text us or we text you and you consent to that. The Program may not be supported by all carriers and all devices. If your mobile operator is not participating, you will not receive a reply to your messages. Check with your carrier for details. Festival and mobile carriers are not responsible or liable for delayed or undelivered messages. You represent and warrant that you are at least the age of majority where you reside (18 in most states) and are a U.S. resident using a U.S. mobile number to subscribe.

You understand and agree that your agreement to do so is a material part of these Program Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Festival of such change, you will be responsible for all costs (including attorneys’ fee) and liabilities incurred by Festival, or any party that assists in the delivery of mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of Festival’s text message programs.

Changes to Program Terms

Festival may revise, modify, or amend these Program Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to our website. You agree to review these Program Terms periodically to ensure that you are aware of the changes. Your continued consent to receive Festival messages will indicate your acceptance of those changes. We may also notify you by other means, such as sending a text message to the number you used to sign-up for our text message program(s).