1. Agreement to these Terms

1.1  Zoyo Points (the “Program”) is a customer loyalty program offered by Zoyo Neighborhood Yogurt (“Zoyo,” “we,” “us,” “our”), operated by BMS Holding Group, LLC, an Arizona company.

1.2  By enrolling in the Program, creating a Zoyo app account, earning points, or redeeming a reward, you agree to these Terms and Conditions (the “Terms”) and to the Zoyo Privacy Letter, which is incorporated into these Terms by reference.

1.3  If you do not agree to these Terms, do not enroll in the Program and do not use the Zoyo app to earn or redeem points.

2. Eligibility

2.1  You must be 13 years of age or older to join the Program.

2.2  You must be a legal resident of the United States and provide a valid U.S. mobile phone number and email address.

2.3  Membership is limited to one (1) account per person. Accounts are personal to you.

2.4  The Program is offered for personal, non-commercial use only. Businesses, groups, schools, and organizations are not eligible to enroll.

2.5  Zoyo employees and their immediate family members may participate in the Program except as limited by Zoyo’s internal employee policy.

3. Enrollment

3.1  The Zoyo mobile app is the only way to enroll in the Program, earn points, and redeem rewards. There is no punch card, membership card, phone-number lookup, or other alternative method of participation.

3.2  To enroll, you must provide your name, email address, mobile phone number, and date of birth.

3.3  Enrollment is free and no purchase is necessary to enroll.

3.4  You are responsible for keeping your account information accurate and current, and for maintaining the confidentiality of your account credentials. Zoyo is not responsible for points or rewards lost through unauthorized access to your account.

4. Earning points

4.1  You earn two (2) points for each one U.S. dollar ($1.00) spent on a qualifying purchase at a participating Zoyo Neighborhood Yogurt store.

4.2  Points are calculated on the pre-tax purchase total, after the application of any discount, coupon, promotion, or redeemed reward. Point totals are rounded down to the nearest whole point.

4.3  To earn points, you must present your Zoyo app at the register and the transaction must be scanned before payment is completed. Points cannot be added to a transaction after it is completed, and Zoyo does not issue retroactive point credit for missed scans, forgotten phones, or app or device failures.

4.4  The following do not earn points: sales tax; gratuities; the purchase of gift cards; online, app, pickup, and delivery orders; orders placed through third-party delivery platforms; catering orders; off-site and event sales, including schools, parks, festivals, fundraisers, spirit nights, and pop-ups; Chase Field concession stands; Phoenix Rising Stadium; and any transaction at a location that is not a participating Zoyo store.

4.5  Points normally post to your account at the time of the transaction. Allow up to forty-eight (48) hours for a balance to display correctly in the app.

4.6  If a qualifying purchase is later refunded or voided, Zoyo may remove the points earned on that transaction.

5. Birthday bonus

5.1  Members receive a bonus of fifty (50) points on their birthday. No purchase or store visit is required.

5.2  To receive the bonus, your date of birth must be recorded in your account at least thirty (30) days before the birthday in question.

5.3  The birthday bonus is limited to one (1) per account per calendar year. Changing the date of birth on an account does not generate an additional bonus within the same calendar year.

5.4  Zoyo may limit how often a date of birth may be changed and may require verification. An account that appears to have altered a date of birth in order to obtain additional bonuses may be suspended or closed under Section 9.

5.5  The birthday bonus is subject to the one-hundred-point redemption minimum in Section 6 and cannot be redeemed on its own.

6. Redeeming points

6.1  Rewards become available once your point balance reaches one hundred (100) points.

6.2  One hundred (100) points may be redeemed for a five dollar ($5.00) reward (a “Zoyo Reward”) applied toward a qualifying in-store purchase.

6.3  Rewards may be redeemed in person, at the register, at participating Zoyo Neighborhood Yogurt stores only. Rewards may not be applied to any of the excluded transactions listed in Section 4.4.

6.4  If your purchase total is less than the value of the reward, the unused portion is forfeited. No change, credit, or cash back is given.

6.5  If your purchase total is more than the value of the reward, you are responsible for the remaining balance.

6.6  Rewards are applied to the pre-tax total. You remain responsible for applicable sales tax.

6.7  Zoyo may limit redemptions to one (1) reward per transaction and may restrict the combination of a reward with other discounts or promotional offers. [DECISIÓN: definir si un reward puede usarse en Pajama Night u otras promociones]

6.8  Rewards may not be used to purchase gift cards.

7. No cash value; not transferable

7.1  Points and rewards have no cash value. They are not a gift card, gift certificate, stored-value instrument, or account balance, and they are not redeemable for cash.

7.2  Points and rewards are personal to the member and may not be sold, purchased, bartered, transferred, assigned, gifted, or combined with another member’s account, including by operation of law.

7.3  Points and rewards are not the property of the member and create no vested right in the member.

8. Expiration and inactive accounts

8.1  Points do not expire while your account remains active.

8.2  An account is “active” if it has recorded at least one qualifying purchase or one reward redemption within the previous twenty-four (24) months.

8.3  Zoyo may close an account that has been inactive for more than twenty-four (24) consecutive months. Zoyo will give notice to the email address on file at least thirty (30) days before closing the account. Any point balance is forfeited when the account is closed.

8.4  If you close your Zoyo app account, any point balance and any unredeemed rewards are forfeited immediately.

9. Fraud, abuse, and account closure

9.1  The following are prohibited: creating or maintaining more than one account; using another person’s account; providing false account information, including a false date of birth; using automated means to earn points; selling, buying, or bartering points or rewards; and attempting to earn points on a transaction that does not qualify.

9.2  Zoyo may remove points, void rewards, suspend or close an account, and terminate a membership, with or without prior notice, if Zoyo believes the member has violated these Terms or has engaged in fraud or abuse of the Program.

9.3  Zoyo’s determination on these matters is final, subject to any rights you have under applicable law.

10. Changes to the Program

10.1  Zoyo may change these Terms, the earning rate, the redemption threshold, the value of a reward, the list of participating locations, or any other feature of the Program at any time.

10.2  Zoyo may suspend or terminate the Program at any time.

10.3  For any change that reduces the value of points already earned, and for termination of the Program, Zoyo will give at least thirty (30) days’ notice by posting on zoyogurt.com, in the Zoyo app, and by email to the address on file. During that notice period you may redeem any balance that has reached the redemption threshold.

10.4  Your continued participation in the Program after the effective date of a change means you accept the change.

11. Participating locations

11.1  “Participating Zoyo Neighborhood Yogurt store” means a physical, Zoyo-branded store identified as participating at zoyogurt.com/locations.

11.2  Not every Zoyo location is required to participate in the Program, and a location may begin or stop participating at any time.

12. Communications

12.1  By enrolling, you agree that Zoyo may send you service messages about your account, your point balance, and your rewards. These are not marketing messages.

12.2  Marketing emails and marketing text messages are sent only with your separate express consent, given at enrollment or later. Consent to receive marketing messages is not a condition of enrolling in the Program or of making any purchase.

12.3  If you consent to marketing text messages, message and data rates may apply and message frequency varies. Reply STOP to any message to stop and HELP for help.

12.4  You may withdraw consent at any time through the unsubscribe link in any marketing email or by replying STOP to any text message.

13. Privacy

13.1  Information collected through the Program and the Zoyo app is handled as described in the Zoyo Privacy Letter at zoyogurt.com/privacy-letter/.

13.2  Zoyo does not sell your personal information.

14. Taxes

14.1  Any tax liability arising from participation in the Program, including from the receipt of bonus points or rewards, is the member’s sole responsibility.

15. Disclaimer and limitation of liability

15.1  The Program and the Zoyo app are provided “as is” and “as available.” Zoyo does not warrant that the app or the Program will be uninterrupted, timely, secure, or error-free.

15.2  To the fullest extent permitted by Arizona law, Zoyo’s total liability arising out of or relating to the Program will not exceed the stated value of the rewards properly earned and unredeemed in the member’s account at the time the claim arises, and in no event will exceed fifty dollars ($50.00).

15.3  Zoyo is not liable for indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Program.

15.4  Nothing in these Terms limits any right or remedy that cannot be limited under applicable law.

16. Governing law and disputes

16.1  These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules.

16.2  Any dispute arising out of or relating to the Program will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of those courts.

17. General

17.1  The Program is void where prohibited or restricted by law.

17.2  If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.

17.3  Zoyo’s failure to enforce any provision of these Terms is not a waiver of that provision.

18. Contact

18.1  Questions about the Program: Zoyo Neighborhood Yogurt, 3401 E McDowell Rd, Suite 4, Phoenix AZ 85008, contactus@zoyogurt.com, 602-661-9212.