TERMS AND CONDITIONS

TERMS AND CONDITIONS

1. Those schools/organizations that are registered with the Waves of Kudos® Program as of December 31, 2021[Date might be extended at any time]and have active accounts in compliance with these Program Terms are eligible to participate in the Waves of Kudos ® 2022 - 2024 program (“Program”), as determined by Maggie’s F-W in its sole discretion. Eligible schools/organizations are public and private schools, and home school associations (K–12) in compliance with laws and regulations for the state in which they operate, licensed child care centers, public libraries, religious educational centers and Head Start centers having any of the grades K through 12 and preschools located in the 50 United States, District of Columbia, Puerto Rico and the U.S. Virgin Islands and any school located on any U.S. military installation (regardless of location). The listing of schools/organizations eligible for the Program can be found by visiting the My School tab on www.maggiesfw.com and entering the school/organization’s ZIP Code or by emailing to: byrosesonly@gmail.com.

2. Only UPCs [Products' Universal Product Codes] with the Waves of Kudos logo (“MFW logo”) found on Participating Products distributed for sale in the U.S. and through commissaries on U.S. military installations are eligible for redemption in the Program. The Program begins January 1, 2022, and ends December 31, 2024 (“Program Year”). Submissions will be determined to qualify at the sole discretion of Maggie’s F-W.

3. Each UPC with the MFW logo found on a Participating Product will be worth the number of points stated on the UPC. Starting January 1, 2022, Participating Products will only be those products that have UPCs that contain the MFW logo. UPCs that do not have the MFW logo will not be eligible for redemption. Maggie’s F-W will determine which Participating Products contain the UPC logo in its sole discretion.

4. UPCs that have not been removed from packages sold in commerce and not legitimately obtained are void. Maggie’s F-W will make such determination in its sole discretion.

5. By submitting UPCs with the MFW logo from Participating Products, schools/organizations accept and agree to be bound by these rules and consent to the use of their names and/or photographs for advertising purposes without additional compensation, unless prohibited by law. Proof of eligibility and compliance with these rules may be required. Subject to all applicable federal, state and local laws and regulations.

6. UPCs with the MFW logo from Participating Products must be submitted for redemption according to the banking instructions found online at maggiesfw.com and must be postmarked by December 31, 2024, and received by same date. Merchandise redemptions are not valid until verified by Maggie’s F-W, whose decisions are final. No facsimiles, mechanically reproduced or seriously damaged, contaminated or filthy submissions will be accepted. All redemption materials, order forms, etc., become the property of Maggie’s F-W and will not be returned.

For points deposited on or after December 31, 2024, accounts without any deposit or withdrawal activity for three (3) consecutive Program years (“inactive”) will forfeit those points deposited after December 31, 2022 on the first day of the next Program year. Points deposited before January 1, 2024, will remain in the inactive account as a balance.

7. Participating Product UPCs with the MFW logo may be redeemed only for items listed in the 2021-2024 Merchandise Catalog at the designated point quantities and units specified. Participating Product UPCs with the MFW logo are not redeemable for cash. The merchandise and/or the number of points required for any merchandise included in the Merchandise Catalog is subject to change at Maggie’s F-W’s sole discretion. Maggie’s F-W is not responsible for merchandise description or printing errors in the Merchandise Catalog, including errors that incorrectly describe the item, make or model number or incorrectly list the number of points required for each item. Participating schools or organizations are responsible for checking the accuracy of the point balances of their account. Participating schools or organizations may logon to their accounts by visiting the My School page on maggiesfw.com or emailing to: byrosesonly@gmail.com. If you believe there is a discrepancy, email us within 30 days of questioned account activity.

8. There can be no special orders, substitutions, cash payments or requests to break up sets, except as provided in writing during the length of the program. Merchandise is not transferable and no substitutions will be permitted except by Maggie’s F-W due to unavailability or discontinuity of merchandise. Merchandise cannot be shipped to a coordinator’s home address or a P.O. Box. Payment of taxes, if any, on the merchandise is the sole responsibility of the school/organization. Schools/organizations are responsible for all expenses ancillary to and associated with merchandise such as installation, etc. Maggie’s F-W reserves the right to substitute items of equal or greater value for items that are discontinued or become unavailable or technologically obsolete during the course of the Program.

9. Schools/organizations may submit multiple orders during the Program Year. Schools/organizations may submit Participating Product UPCs with the MFW logo for banking. School’s/organization’s account balances are not transferable unless specifically approved by Maggie’s F-W. Online orders will be accepted only if the school’s/organization’s bank account balance covers the total amount of the merchandise order.

10. The terms and conditions of the 2021 - 2024 Merchandise Catalog including, but not limited to, point redemption and banking instructions, are available at maggiesfw.com. Proof of mailing is not proof of receipt. We suggest you keep a copy of the Waves of Kudos Order and Banking Form before the submission is mailed along with your shipping/mailing receipt.

11. Please allow approximately 10 weeks from the date that your order is mailed for delivery of your merchandise (see the Merchandise Redemption section on the Order & Banking Instructions at maggiesfw.com for complete details). Merchandise may be shipped throughout the year from various locations and may arrive separately. Merchandise can only be redeemed by and will only be shipped to the school/organization whose name is listed on the merchandise order form.

12.  Complaints regarding merchandise (shipment damage, operation, etc.) must be made in writing within 30 days of receipt of merchandise to the address described in our Website. Claims for nonreceipt of merchandise must be made in writing within 30 days of the date of order or date of submission to the address described in our Website.

13. The Merchandise Catalog expires on December 31, 2024. Maggie’s F-W reserves the right to determine eligibility and change these Rules without notice. Maggie’s F-W may terminate or modify this Program with or without cause at any time, and will post notice of such termination or modification at maggiesfw.com. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in full effect and shall be construed in accordance with their terms as if the invalid, unenforceable or illegal provision were not contained herein. Void where taxed, restricted or prohibited by law.

14. All correspondence and questions pertaining to this Program should be directed to: Maggie’s F-W, PO Box 145, Wayland, MI, 49348.

15. As a condition of participation, and except where prohibited by law, participants in the Program agree that any and all disputes and causes of action arising out of, relating to or in connection with the Program or any merchandise redeemed shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in Allegan, Michigan, and in accordance with the Comprehensive Arbitration Rules and Procedures prevailing. These Rules and this Program are governed by U.S. law and subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of Maggie’s F-W and participants in connection with the Program shall be governed by and construed in accordance with the laws of the state of Michigan, without giving effect to the conflict of laws rules thereof.

Effective Date: This Terms and Conditions is effective and was last updated on September 20, 2021.