LOYALTY PROGRAM TERMS AND CONDITIONS

ShopMFA+ MEMBERSHIP TERMS AND CONDITIONS (updates effective 11/01/2022)

These terms and conditions (“Terms and Conditions”) govern the ShopMFA+ rewards program (“Loyalty Program”), and members of the Loyalty Program will earn points in connection with the online purchase of qualifying products and online activities that are redeemable toward the purchase of certain products online. To the extent ShopMFA.com products are available at brick-and-mortar retail establishments or third-party sites, such products are not currently eligible for accumulation of points.

 

MEMBERSHIP

  1. Free Membership. No purchase is necessary to obtain membership in the Loyalty Program, but you must establish an account at www.ShopMFA.com (“Site” or “Online”). Please see our Privacy Policy here to understand how information you provide us will be used. This Loyalty Program is void where prohibited.
  1. Eligibility. To be eligible for the Loyalty Program, you must create an account as outlined in these Terms and Conditions. You may create an account if you are at least 13 (thirteen) years of age, have internet access, and have a valid mailing address. If you are between the ages of 13 and 18, you must have the permission of your parent (who agrees to be bound by these Terms and Conditions) to register for an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your account. You are responsible for keeping your account information current, complete, accurate, and truthful. You agree to accept responsibility for all activities that occur under your account, username, and/or password. You agree to provide only current, complete, accurate, and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions, and to the extent you do not have such authority, you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or its content. You may have only one member account per natural person. Persons discovered to have more than one account forfeit their points and will be unsubscribed from the Loyalty Program.
  1. How to Enroll in the Loyalty Program. (a) Create an account: Visit www.ShopMFA.com and become a registered user of the Site. Click here to be taken directly to the registration page. You will be asked for your first and last name, your email address, and a password. You will also be given the option to sign up for our newsletter. Once you have submitted the requisite information, you will be sent an email to the address you listed confirming your account. (b) Add your mailing information: Once you have created your account, you will be asked to add a mailing address for billing and shipping. Once you have added your mailing address, you are automatically enrolled in the Loyalty Program and are a member (“Member”). 
  1. How to Access/Change Your Member Information. You must keep your personal information on your account up to date. To do so, click on “My Account,” and access your account by entering your registered email address and current password. From your dashboard, you can access your account information, review your current and past orders, change your profile, manage your subscriptions and applications, and access your previous purchases.
  1. How to Cancel Your Membership. You may cancel your account at any time. To cancel your account, please send an email to merchandise@mercyforanimals.org and write “cancel ShopMFA+ membership” in the subject line. The email must come from the account currently listed on our servers as being associated with our Loyalty Program. If you no longer have access to that email address, please email merchandise@mercyforanimals.org, and we will verify your status and cancel your account. Upon cancellation, you are no longer a Member, and any unused Oink Points accrued in your account will be forfeited and cannot be redeemed. Oink Points maintain their value only on valid accounts in good standing and, except as otherwise provided here for redemption, have no cash value outside their redemption value on the Site.

 

EARNING POINTS

  1. General. Members can earn Oink Points on the purchase of qualifying products at ShopMFA.com. To receive Oink Points for your Online purchases, you must be signed in to your account. You may check at any time to see whether you are signed in by looking in the upper corner of the Site page. Donations do not qualify for Oink Points. Products that do not qualify for Oink Points are noted on the Site. 
  1. Earning Rate. Members earn Oink Points on qualifying purchases as set forth above but only if logged in to their ShopMFA+ account. Oink Points are based on your order subtotal, after any discounts, only. Oink Points are rounded down to the nearest whole number. For example, if you spend $9.99, you will receive nine Oink Points. Calculation is as follows: $9.99 x 1 point per U.S. dollar = 9.99 points, which is rounded down to nine points. This Loyalty Program will begin on 11/01/22, and Oink Points will be earned only on qualifying products purchased after the commencement of this Loyalty Program and while logged in to your ShopMFA+ account. Oink Points will not be granted for purchases prior to commencement of this Loyalty Program. Note: Shipping and taxes are not taken into consideration. If an item is returned and/or price-adjusted, associated reward points will be deducted or recalculated. 
  1. Addition of Reward to Accounts. Rewards will be added to your account under the following conditions and will generally show up immediately:
    1. At the time of account registration 
    2. During the purchase of qualifying products. Donations made to Mercy For Animals through ShopMFA.com are not eligible to accumulate Oink Points.
    3. For referring a friend to ShopMFA.com. Oink Points will automatically be applied to your account only if the referred friend uses the link sent to them from your referral account and makes a qualifying purchase. 
    4. For other activities outlined on the Site that may show up from time to time. Note that for such activities, including opportunities to accumulate “bonus” Oink Points and other Oink Point promotions, points may show as “pending,” depending on the activity.
    5. For joining the Birthday Club. Birth date must be entered at least 30 days before your birthday, and you must make at least one Oink Point-earning transaction before your birthday to qualify. The reward will be added to your account automatically.
    6. For liking the Mercy For Animals Facebook page and sharing the Mercy For Animals Facebook page with your following. This is good one time only.
    7. For following Mercy For Animals on Instagram. This is good one time only.
    8. Exclusions: Members earn Oink Points only on the purchase price of qualifying Online products. Calculation of Oink Points excludes payment by the Member for shipping charges and all taxes, including without limitation federal, state, and local taxes or use taxes. Oink Points will not be earned on any discounts or other credits offered in connection with a product or service. For example, if a product that is normally $50 is on sale for $25, a Member will earn Oink Points only on the purchase price of $25. Any type of price adjustments, including merchandise returns, are not eligible for Oink Points. All purchases made by a Member (1) before joining the Loyalty Program and (2) without being logged in to the Site with the account number linked to the Member’s Online account are not eligible for Loyalty Program credit. Purchases of ShopMFA.com products outside the ShopMFA.com website are not eligible for the Loyalty Program. Wholesale retailers are not eligible to participate in the Loyalty Program.

 

  1. Returns and Order Cancellations. Oink Points earned for a purchase that is then the subject of a return, cancellation, refund, declined credit card, or other credit will be deducted from your account in an amount equal to the points earned for the original transaction, including any bonus points that may be applicable. Any reward discounts that are applied to the order will be distributed equally to the applicable items in the order when completing a return. Oink Points redeemed on an order will not be reapplied to your rewards account for any reason on a returned order. If a return or cancellation causes your account to have a negative Oink Point balance, you will not begin earning redeemable Oink Points again until your Oink Point balance is returned to zero (0) by making purchases or engaging in promotional activities. If an item is exchanged (such as for a different size or product), any rewards redeemed on the initial purchase may be transferred to the exchange one (1) time only. (We do not recycle rewards coupons from order to order or item to item.) Rewards used on an order that is canceled cannot be reapplied, as they are good for just one use. 
  1. Oink Point Promotions. From time to time, ShopMFA.com may run certain bonus Oink Point promotions. Under Oink Point promotions, Members can earn additional Oink Points in connection with the purchase of certain online products. When you purchase these specially marked products or make the purchase during an Oink Point promotion period, you will earn Oink Points on each product, as specified in the offer. Oink Point promotions are subject to the terms and conditions of the offer and may be offered at any time in the Site’s sole discretion. 
  1. Limitations on Oink Points and Oink Points Generally. These terms apply to Oink Point and bonus Oink Point accruals. If you purchase a product during a promotion and the product comes with an additional, free product, Oink Points will not be issued on the retail value of the free product. If you redeem Oink Points toward the purchase of a product and pay a portion of the retail price after the points’ redemption, you will receive Oink Points only on the leftover retail amount you pay, not on any value attributed to the points you used. If you redeem Oink Points toward the purchase of a product in an amount equal to the full price of the product, you will not earn any points. Promotional Oink Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.  
  1. Nonpurchase Options for Earning Oink Points. You may also earn additional Oink Points on nonpurchase activities. From time to time, ShopMFA.com may offer you the chance to win various prizes and earn points for entering into promotions. For sweepstakes promotions, there is NO PURCHASE NECESSARY TO PLAY OR TO WIN. Rules and restrictions will apply to such promotions and may be found on the rules page of the promotion.
  1. Referring a Friend to ShopMFA.com. Email a friend a $5 coupon by clicking “Earn Points” and then “Refer a Friend.” Enter the email address of a friend who has not purchased from ShopMFA.com before, and your friend will receive a referral link with a $5 coupon (if your referral has shopped with us before, the referral link will be automatically voided by the system). If the referral friend uses the link sent to them from your referral account and makes a qualifying first-time purchase from ShopMFA.com, 500 Oink Points will automatically be applied to your account. Your referral friend will receive a $5 coupon, 500 Oink Points for signing up, and points from their first purchase made while signed in to their new ShopMFA+ account.

 

REDEEMING POINTS

  1. How to Use Your Oink Points. Oink Points must be used in increments outlined in these Terms and Conditions. The maximum number of Oink Points that may be used in a single transaction is 10,000. The minimum purchase for which points will apply is $10.00. Oink Points may be used only at ShopMFA.com. Members can use their Oink Points to reduce the purchase price of a product or to receive a product for free according to the following scale:

$5 Coupon = 500 Oink Points
Free 3–5 Business-Day Shipping for Orders Shipped to the United States = 1,000 Oink Points
$10 Coupon = 1,000 Oink Points
$15 Coupon = 1,500 Oink Points
$20 Coupon = 2,000 Oink Points
$25 Coupon = 2,500 Oink Points
Free International Shipping = 3,000 Oink Points
$30 Coupon = 3,000 Oink Points
$35 Coupon = 3,500 Oink Points
$40 Coupon = 4,000 Oink Points
$50 Coupon = 5,000 Oink Points
$60 Coupon = 6,000 Oink Points
$80 Coupon = 8,000 Oink Points
$100 Coupon = 10,000 Oink Points

Oink Points can be redeemed only in any combination of the point and increment amounts set forth above. Redemption of Oink Points toward purchases of products is subject to product availability. Any reward discounts applied to the order will be distributed equally to the applicable items in the order when completing a return.

  1. To Redeem Your Oink Points. Before you begin shopping with us, sign in to your ShopMFA+ account. Select “Redeem Points” from the pink tab in the lower-left corner of the screen, and select the number of points you would like to redeem. You will be issued a custom code that you can copy and paste into the discount bar during checkout (please note that only one code can be used). Your total payment amount will be discounted by the number of Oink Points you allocate to the purchase. Note that points may be redeemed only for the purchase price of the product. Sales tax, shipping, and other handling charges assessed in addition to the price of the product are your responsibility, and points may not be used to discount these additional charges. 
  1. Exclusions. Only one account per natural person. Only one discount code can be redeemed per transaction. Reward redemption codes may not be combined with any other discount code. Oink Points may not be transferred or gifted. Oink Points cannot be used on past purchases. Oink Points accumulated on different accounts by different Members may not be combined or aggregated to make purchases of products or for any other reason. Oink Points earned in a transaction cannot be redeemed in the same transaction. Oink Points cannot be retroactively applied to any past order or used to adjust a price on any order in which points were not applied. Oink Points have no value outside the ShopMFA.com website and are available only to Members in good standing.

Sign up: Oink Points are added to your account instantly.
Order: Oink Points are added to your account when your order is placed.
Social: A maximum of three social rewards per social network are allowed per day, with a minimum of 90 seconds between each social share per network.

  1. When Oink Points are redeemed, a discount code will be assigned, and we are unable to cancel the discount code and reapply the points to your reward account. Discount codes generated by redeeming Oink Points do not expire until used. Discount codes are for one-time use, so once a code is used, it is gone. If an order is returned, Oink Points will not be reinstated.

 

GENERAL

 

By registering with ShopMFA.com and joining the Loyalty Program, you agree to be bound by these Terms and Conditions, as well as any other terms that may be associated with the Loyalty Program. ShopMFA.com may, in its sole discretion, alter, limit, or modify the Loyalty Program rules, regulations, benefits, rewards, and eligibility for membership; your account; the redemption of Oink Points, including without limitation the Oink Point conversion ratio; or any other feature of the Loyalty Program (including assigning any of its obligations to customers under the Loyalty Program at any time to another person or entity, without recourse) or may terminate the Loyalty Program any time at its sole discretion by posting any such changes on the ShopMFA.com website. ShopMFA.com may make these changes even though such changes may affect your ability to use points already accumulated. You are responsible for remaining knowledgeable about the Loyalty Program Terms and Conditions. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

A Member’s Oink Point balance, as reflected in ShopMFA.com records, shall be deemed correct. ShopMFA.com reserves the right to determine the number of Oink Points in any Member’s account according to ShopMFA.com internal records related to such Member’s account. In the event of an inconsistency between the number accrued in a Member’s account as stated on a Member’s receipt and ShopMFA.com internal records, ShopMFA.com internal records will control. ShopMFA.com assumes no responsibility for errors caused by incorrect Member information. Oink Points may not be transferred or gifted. The sale of Oink Points is prohibited and may result in the confiscation or cancellation of your Oink Points, as well as suspension or termination of your membership, which in each case shall be final and conclusive. All transactions involving Oink Points and all Member accounts are subject to review and verification by ShopMFA.com. The Oink Point balance in a Member’s account may be unavailable for use when an account or transaction is under review. ShopMFA.com may revoke any Member’s membership in the Loyalty Program at any time if such Member engages in abuse of the Loyalty Program or fails to follow the Terms and Conditions of the Loyalty Program. Fraud or abuse relating to the accrual of Oink Points or redemption of rewards may result in revocation of membership in the Loyalty Program and may affect a Member’s eligibility for participation in any other ShopMFA.com program, present or future. Oink Points are nontransferable and cannot be redeemed for cash. The interpretation and application of the Loyalty Program’s Terms and Conditions are at the sole discretion and determination of ShopMFA.com. For more information or other questions, click on “Contact Us.” 

The Terms and Conditions of the Loyalty Program are subject to change at ShopMFA.com’s sole discretion at any time and without notice to customers. Upon a customer’s at-will termination of their ShopMFA.com registered account, or if a customer’s account is terminated for violation of these Terms and Conditions or other activities in violation of the intent and good-faith use of the Site, all Oink Points will immediately be forfeited and will no longer be redeemable. ShopMFA.com will make reasonable efforts to award Oink Points as outlined above to all (1) registered and (2) qualifying ShopMFA.com customers but is not responsible for any technical or unforeseen errors that may occur.

Oink Points are nontransferable, nonredeemable for cash, nonrefundable, and not valid outside ShopMFA.com. Purchases made outside ShopMFA.com are not valid for Oink Point accrual (this includes but is not limited to Facebook resell groups, Ebay, and Amazon).

Employees of Mercy For Animals, Inc., are not eligible to participate in the Loyalty Program.

 

RESOLVING DISPUTES

If a dispute should arise between you and Mercy For Animals, Inc. (“Mercy For Animals” or “we”), we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be satisfactorily resolved by our customer service team, reachable by emailing merchandise@mercyforanimals.org. 

If your dispute cannot be resolved by our customer service team, these Terms and Conditions describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND MERCY FOR ANIMALS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LOYALTY PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

 

AGREEMENT TO ARBITRATE DISPUTES—U.S. RESIDENTS ONLY

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

AGREEMENT TO ARBITRATE: You and Mercy For Animals agree to resolve any claims relating to this Loyalty Program through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Mercy For Animals’ intellectual property rights (including but not limited to trademarks, trade secrets, copyrights, and patent rights). Under such circumstances, Mercy For Animals may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described here.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to the Loyalty Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS rules and the rules set forth in this agreement to arbitrate, the rules set forth in this agreement to arbitrate will govern. The JAMS rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Mercy For Animals, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any nonmonetary remedy or relief available to an individual under applicable law, the arbitration rules, and the program terms. The arbitrator shall 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 Mercy For Animals.

NO CLASS ACTIONS: You may resolve disputes with us only on an individual basis and may not bring a claim as a plaintiff or a member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved through arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Mercy For Animals in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MERCY FOR ANIMALS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Mercy For Animals at legal@mercyforanimals.org and providing the requested information as follows: (1) your name, (2) the URL of the program terms and agreement to arbitrate disputes, (3) your address, (4) your phone number, and (5) a clear statement that you wish to opt out of this arbitration provision in the Terms and Conditions. The opt-out notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions by signing up for the Loyalty Program.

 

CHOICE OF LAW/FORUM SELECTION

In any circumstances where the agreement to arbitrate disputes permits Mercy For Animals and U.S. residents to litigate in court, these Loyalty Program terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. If you are a U.S. resident, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles, California. This provision does not apply to residents of New Jersey.

For residents of Canada, this agreement will be interpreted in accordance with the applicable laws of the province or territory in which you reside and the applicable laws of Canada.

SEVERABILITY

The provisions of this Loyalty Program are intended to be interpreted in a manner that makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal, or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Mercy For Animals or by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Loyalty Program Terms and Conditions without affecting the validity, legality, or enforceability of any of the remaining provisions.

 

CALIFORNIA NOTICE OF FINANCIAL INCENTIVE

Under California law, loyalty programs may be considered a financial incentive. We offer our customers this Loyalty Program (ShopMFA+) that provides certain perks, such as rewards and exclusive offers. We may also provide other programs, such as sweepstakes, contests, or other similar promotional campaigns (collectively, “Programs”). When you sign up for one of these Programs, we typically ask you to provide your name and contact information (such as email address or telephone number). Because our Programs involve the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering these products, services, and benefits to Program participants.

 

CALIFORNIA INFORMATION COLLECTION AND SHARING DISCLOSURE 

The California Consumer Privacy Act provides California residents with specific rights regarding their personal information. If you are a resident of California, please review our Privacy Policy.

California law permits users that are residents of California to request the following information regarding our disclosure of your personal information to third parties for those third parties’ direct marketing purposes: (1) a list of certain categories of personal information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year, (2) the identity of certain third parties that received personal information from us for their direct marketing purposes during that calendar year, and (3) examples of the products or services marketed (if we have that information). If you are a California resident and would like to make such a request, please email us at dataprivacy@mercyforanimals.org.

The California Online Privacy Protection Act requires Mercy For Animals to post a privacy policy and disclose how it responds to “do not track” signals. Mercy For Animals does not recognize or respond to “do not track” browser settings.

 

CONTACTING US

If you have any questions about our Privacy Policy, please contact us.

For questions specifically about your personal information, email dataprivacy@mercyforanimals.org.

For questions about these Terms and Conditions or your rights hereunder, email legal@mercyforanimals.org.

 

Or write us:

Mercy For Animals
8033 Sunset Blvd., Ste. 864
Los Angeles, CA 90046
Attn: Legal Affairs Department