Last Updated: November 14, 2022
PLEASE READ THIS AGREEMENT CAREFULLY. THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF THE DIGITAL SERVICES, WEBSITES, MOBILE APPLICATIONS, OR OTHER DIGITAL PLATFORMS OWNED AND OPERATED BY OR ON BEHALF OF MCCORMICK & COMPANY, INCORPORATED OR ONE OF ITS AFFILIATES (“MCCORMICK”) AND THAT LINK TO, REFERENCE, OR OTHERWISE INCORPORATE THESE TERMS AND CONDITIONS OF USE (“DIGITAL SERVICES”). BY USING THE DIGITAL SERVICES OR OTHERWISE ACCEPTING THESE TERMS AND CONDITIONS OF USE, YOU AGREE TO BE BOUND BY THEM.
THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES DISPUTES TO BE RESOLVED ON AN INDIVIDUAL BASIS RATHER THAN VIA CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION FOR INFORMATION.
This agreement (”Agreement”) governs your use of the Digital Services, any transactions you make on the Digital Services, and your access to and use of the content, postings, links, pages, services, products, features, functionality, and/or other materials offered on the Digital Services and any other Digital Services McCormick may make available and that link to, reference, or otherwise incorporate these Terms and Conditions of Use. By accessing any of the Digital Services, or otherwise accepting these Terms and Conditions, you agree you are bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules that may be published by McCormick on or in connection with the Digital Services. All these rules are incorporated into this Agreement by this reference. If you do not understand or agree to be bound by this Agreement, please do not access the Digital Services.
OWNERSHIP. All software, content and materials used or appearing on the Digital Services are the exclusive property of McCormick, its affiliates, subsidiaries, or related entities, or used with permission of the third party rightsholder(s), and are protected by U.S. and international copyright, trademark, and other intellectual property rights laws. No copying, sale or exploitation of material from the Digital Services is permitted without the prior written consent of McCormick and any other applicable intellectual property owner. You do not acquire any ownership rights by virtue of downloading material from the Digital Services. If we request or permit the submission of your opinions, product ratings or reviews, ideas, suggestions, or feedback (collectively, “Feedback”), by submitting such Feedback, you grant McCormick a worldwide, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, perpetual license to display, publish, disclose, use, reproduce, edit, modify, market, store, distribute, have distributed, reproduce, re-arrange, change, add to or delete from, translate, adapt, revise, alter, publicly and/or privately display, communicate, publicly and/or privately perform, transmit, have transmitted, syndicate, host, index, cache, tag, encode, create derivative works based upon, combine, compile, and/or promote the Feedback, and any display thereof, for any or all commercial or non-commercial purposes, including, without limitation editorial, commercial, and promotional purposes, and all other purposes, in any manner, form, or media whatsoever, including without limitation print, digital, or otherwise, whether now known or later discovered, with or without attribution to you or any other party. For the avoidance of doubt, and without limiting the above, the foregoing grant includes the rights to combine or compile the Feedback with other content, and publish and/or display that edited, modified, combined or compiled content. You represent that all Feedback submitted by you is owned solely by you or that you have the necessary approvals and permissions to grant the license described above, and that the license grant does not violate applicable law or the intellectual property rights or other rights of others. You acknowledge that prior to submitting the Feedback, you may be required to sign an agreement prepared by McCormick that confirms those representations and licenses.
INDIVIDUAL USE. You are only authorized to visit, view and retain copies of pages of the Digital Services solely for your own individual, non-commercial use. You may not duplicate, download, publish, modify or otherwise distribute any material on the Digital Services for any purpose other than for your own individual, non-commercial use unless authorized by McCormick in writing.
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. You may not use the Digital Services to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have the permission of the owner; or (iii) infringes on any intellectual property rights of others or violates the privacy or rights of publicity of others.
YOUR CONDUCT. When using the Digital Services, you agree to:
- comply with all applicable laws, rules, and regulations;
- not take any action that interferes with the proper working of the Digital Services , compromises the security of the Digital Services, or otherwise damages the Digital Services or any materials and information available through the Digital Services;
- not use the Digital Services for any purpose that is unlawful or prohibited by these Terms and Conditions of Use;
- not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others;
- not attempt to gain unauthorized access to any portion or feature of the Digital Services, to any other systems or networks connected to the Digital Services, to any of our servers, or to any of the services offered on or through the Digital Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
- not probe, scan, or test the vulnerability of the Digital Services or any network connected to the Digital Services;
- not attempt to breach the security or bypass the authentication measures on the Digital Services or any network connected to the Digital Services;
- not upload any viruses or other malicious code to the Digital Services;
- not use the Digital Services, or any service or information made available or offered by or through the Digital Services, in any way where the purpose is to reveal any information, other than your own information or information that we make available to you through the Digital Services; and
- not use any automated means to collect information or content from or otherwise access the Digital Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
ELECTRONIC COMMUNICATIONS. The Digital Services may include the option to enter into agreements or transactions and make purchases electronically. You agree to the use of electronic records and signatures in association with the Digital Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Digital Services or, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Digital Services. You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for McCormick to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed on the Digital Services. You confirm that you have the ability to access and retain e-mails.
MOBILE SERVICES TERMS & CONDITIONS. Some of our Digital Services may enable you to send or receive SMS/text messages to or from mobile devices. You understand and agree that standard text message rates, as charged by your carrier, may apply. You agree that except for SMS/text messages that you send to us, you will only send SMS/text messages via the Digital Services to phone numbers and devices registered in your name and that you will not initiate messages to devices of any other person or entity.
You may be able to download and install certain Digital Services to your mobile device from an app store (“Platform”). These Terms and Conditions of Use constitute an agreement between you and McCormick only, and not with the provider of the Platform. Platform providers are not:
- responsible for the Digital Services;
- responsible for providing any maintenance or support for the Digital Services
- responsible for the review, defense, settlement, or satisfaction of claims resulting from the infringement of third party intellectual property rights; or
- obliged to react on claims brought against them by you or a third party in connection with the Digital Services.
LOYALTY PROGRAM TERMS & CONDITIONS. Some of our Digital Services may enable qualified participants the opportunity to participate in a McCormick Flavor Rewards Loyalty Program. This Agreement, including the McCormick Flavor Rewards Loyalty Program Terms & Conditions appearing below, governs the Loyalty Program, including your use, access, or participation in the Loyalty Program.
USER GENERATED CONTENT. McCormick is not responsible for the content of posts, uploads, Feedback, or other communications posted by users. McCormick reserves the right to delete, move, or edit content of any such communications that McCormick, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. McCormick is not responsible for such third party communications, does not endorse, adopt or sponsor any third party statements, and is not obligated to respond to or correct misstatements made by third parties. McCormick is not liable for the content of any such communications, whether or not implicating the laws of copyright, trademark, libel, privacy, obscenity, or otherwise.
By posting or uploading any photographs, works of authorship, artwork, graphics, text, Feedback, or other content (collectively, “Content”) to the Digital Services:
- You grant McCormick a worldwide, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, perpetual license to display, publish, disclose, use, reproduce, edit, modify, market, store, distribute, have distributed, reproduce, re-arrange, change, add to or delete from, translate, adapt, revise, alter, publicly and/or privately display, communicate, publicly and/or privately perform, transmit, have transmitted, syndicate, host, index, cache, tag, encode, create derivative works based upon, combine, compile, and/or promote the Content, and any display thereof, for any or all commercial or non-commercial purposes, including, without limitation editorial, commercial, and promotional purposes, and all other purposes, in any manner, form, or media whatsoever, including without limitation print, digital, or otherwise, whether now known or later discovered, with or without attribution to you or any other party. For the avoidance of doubt, and without limiting the above, the foregoing grant includes the rights to combine or compile it with other content, and publish and/or display that edited, modified, combined or compiled content on the Digital Services and/or on any digital platform of McCormick or an affiliate such as www.mccormick.com, the Flavor Maker app, social media pages (such as McCormick’s Pinterest® Instagram®, Facebook®, or other pages), or in any other medium, print, digital or otherwise, whether now known or later discovered.
- You agree that McCormick cannot and will not be responsible for the Content.
- You confirm that you are 18 years old (or the age of majority in your residence) or older, and have the authority to enter into this agreement and grant the rights outlined in this agreement.
- You understand that McCormick may not include attributions of authorship, ownership, creation or otherwise with any Content.
- You understand that McCormick is not under any obligation to use, display or publish the Content, and may remove it at any time, for any reason.
- You confirm that:
- You own or have a license to use all intellectual property rights to the Content,
- No third party right, and no applicable law, is violated by your posting or uploading of Content; and,
- You may be required to sign an agreement prepared by McCormick that confirms these representations and licenses.
RIGHT TO REVISE THIS AGREEMENT. McCormick has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional terms or conditions (collectively, “Additional Terms”) on your use of the Digital Services. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by McCormick to the Digital Services. Use of the Digital Services following such notice indicates your acceptance of all such Additional Terms.
REVISION/TERMINATION OF THE SERVICES. McCormick has the right, at any time, to modify or discontinue, temporarily or permanently, the Digital Services, and/or to refuse or restrict anyone from access to any of the Digital Services, with or without notice and in its sole discretion. McCormick shall not be liable for any modification, suspension or discontinuance of any Digital Services.
MCCORMICK MAKES NO WARRANTIES. YOU USE THE DIGITAL SERVICES AT YOUR SOLE RISK. THE DIGITAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. McCORMICK DOES NOT WARRANT THAT THE DIGITAL SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, McCORMICK DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE DIGITAL SERVICES IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED.
Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, McCORMICK IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF McCORMICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN, TO THE FULLEST EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF McCORMICK FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE DIGITAL SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
Some jurisdictions do not allow limitations on damages. In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.
DISPUTE RESOLUTION AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM, CAUSE OF ACTION, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO THE DIGITAL SERVICES, THIS AGREEMENT OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSE. YOU AGREE THAT YOU MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
CHOICE OF LAW AND FORUM. The Digital Services are controlled by McCormick from within the State of Maryland, USA. By accessing or using the Digital Services or otherwise agreeing to these Terms and Conditions of Use, you agree that the laws of the State of Maryland, USA govern all matters relating to this Agreement, and the use, or inability to use, the Digital Services, and that such laws will apply without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction and venue of the State and Federal courts in Maryland, USA.
MISCELLANEOUS TERMS. This Agreement constitutes the entire agreement between you and McCormick with respect to the subject matter addressed herein, and governs your use of the Digital Services, superseding any prior agreements between you and McCormick relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with McCormick, including but not limited to pursuant to a registration to access certain features of the Digital Services. The failure of McCormick to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect. McCormick’s Digital Services are not intended for use by or availability to minors.
McCORMICK DMCA POLICY. In accordance with the Digital Millennium Copyright Act (“DMCA”), McCormick will respond expeditiously to claims of copyright infringement concerning the Digital Services that are reported to McCormick's Designated Copyright Agent, identified below.
Notifying McCormick of Copyright Infringement: To provide McCormick with notice of an infringement, you must provide a written communication to the attention of McCormick's Designated Copyright Agent at email@example.com that sets forth the information specified by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. Your notice will need to include:
- A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon
- Identification in sufficient detail of the work allegedly infringed upon
- Identification of the allegedly infringing material on the Digital Services including the specific location of the material so that McCormick can find it
- The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address
- A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner.
You may also deliver the above information by mail to McCormick’s Designated Copyright Agent at:
McCormick & Company, Incorporated
Attention: Legal Department
24 Schilling Road, Suite 1
Hunt Valley, MD 20131
Providing McCormick with Counter-Notification: If McCormick removes or disables access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide McCormick with a counter notification by written communication to the attention of McCormick’s Designated Copyright Agent at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney. We will need the following information from you:
- your address, telephone number, and email address;
- a description of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Digital Services before it was removed or access to it was disabled;
- a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification;
- a statement by you that you consent to the jurisdiction of a Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which McCormick is located, and that you will accept service of process from the person who provided the original notification under subsection (c)(1)(C) or an agent of such person; and
- your electronic or physical signature.
You may also deliver the above information by mail to McCormick’s Designated Copyright Agent at:
McCormick & Company, Incorporated
Attention: Legal Department
24 Schilling Road, Suite 1
Hunt Valley, MD 21031
For a full understanding of any rights and/or remedies you may have in the case of any infringement, please consult with an attorney. The information contained on this page constitutes information and not legal advice. The reader assumes all responsibility for any and all use of this information. Please consult an attorney for specific questions. This page may be updated periodically.
MCCORMICK FLAVOR REWARDS LOYALTY PROGRAM
TERMS AND CONDITIONS
1. GENERAL TERMS
McCormick & Company, Incorporated (“McCormick,” “Company,” “Company,” “we,” “us,” or “our”) may offer qualified participants, as defined below (“Members,” individually, a “Member” or “you”) the opportunity to participate in the McCormick Flavor Rewards Loyalty Program (the “Program” or the “Rewards Program”).
BY PARTICIPATING IN THE PROGRAM, USING THE APP, AND/OR BY OTHERWISE PARTICIPATING IN ANY PROGRAM-RELATED ACTIVITIES OR INCENTIVES, YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT, INCLUDING THE LOYALTY PROGRAM TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, INCLUDING THE LOYALTY PROGRAM TERMS AND CONDITIONS, AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS, YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE PROGRAM OR USE THIS APP IN ANY WAY.
Company has the sole discretion to interpret and apply the Program Rules, and all questions or disputes regarding these Program Rules will be resolved by Company in its discretion. Neither the Program nor any Reward or benefit offered by the Program creates, constitutes, or gives rise to any legal or contractual rights by Members against Company and/or its subsidiaries or affiliates. Company and/or the Reward providers may modify, suspend, cancel, or terminate the Program (with or without notice), remove any Reward, change the requirements for membership and/or earning Rewards, and/or the terms and conditions applicable to any specific Reward, at any time and without notice. Rewards may vary depending on the Program Rules at the time of access, and are subject to availability.
2. MEMBERSHIP AND ELIGIBILITY
The Program is offered only to individuals who, at the time of sign-up, (a) are residents of the United States, including D.C., (b) are at least 18 years of age or older (19 years of age in Alabama or Nebraska), and (c) who have an active Flavor Maker Flavor Profile account (each, an “Eligible Member” or “Member” or “you”). If you do not have a Flavor Maker Flavor Profile account, you can create one for free at https://www.mccormick.com/flavorprofile#signup. Employees, officers and directors of Company and its affiliates and subsidiaries, as well as sales representatives, suppliers, distributors, consultants, advertising, public relations, promotional, fulfillment, and marketing agencies or contractors of any of the above organizations, including any entities engaged in the development, execution or fulfillment of this Rewards Program, and immediate family members and/or persons living in the same household as such individuals, are not eligible to participate in this Rewards Program or any related sweepstakes or incentive. Only individuals who are legally competent to enter into contracts are eligible for Rewards Program Membership (“Membership”); corporations, groups and/or associated entities cannot enroll as Rewards Program Members. Company reserves the right to limit the number of Members in the Program. If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Rewards Program.
The Rewards Program is offered exclusively to users of the App with an active Flavor Maker Flavor Profile Account; if you are not a user of the App with an active Flavor Maker Flavor Profile Account, you will not be eligible to join the Rewards Program.
3. PROGRAM PARTICIPATION
To participate in the Rewards Program, you must have a device that can access the Internet. In order to access and use the Rewards Program, and complete the following steps:
A. First, you must have an active Flavor Maker Flavor Profile account. If you do not have a Flavor Maker Flavor Profile account, you can either (1) sign up and create one for free online by going to https://www.mccormick.com/flavorprofile#signup and following the on-screen instructions, or (2) download and open the McCormick Flavor Maker App, then follow the on-screen instructions to sign up for and create a Flavor Maker Flavor Profile.
B. To download the McCormick Flavor Maker App for free (if you do not already have it), visit the Google Play or Apple App stores on your mobile device and follow the instructions there.
C. When you have successfully created a Flavor Maker Flavor Profile account, and downloaded the App, subject to final approval and verification of your account (“Membership Account” or “Membership” or “Account”), you will become eligible to participate in the Program and earn Points to obtain Rewards. Flavor Maker App users with an active Flavor Maker Flavor Profile account as of the start date of this Rewards Program will be automatically eligible for and included for participation in this Rewards Program.
Limit: One (1) Membership Account per person and/or email address. Each individual Member may maintain only one Membership Account. If more than one Membership Account is created by an individual, he/she will only receive points for the Account that was created first, using the email address that was created first, and any duplicate memberships or accounts will be canceled by Company and all points accumulated in those accounts will be void and forfeited.
You are solely responsible for all activities that occur under your Account and for maintaining the security of your log-in credentials. You are responsible for protecting your Flavor Profile User ID, Flavor Maker App sign-in, and any other User IDs used in participating in the Program. If your User ID(s) are compromised, you agree to immediately inform Company. Do not disclose your log-in credentials to any third party for any reason. Company will not be liable for any loss or damage of any kind arising from a Member’s failure to comply with the requirements of this paragraph or any Member responsibilities under the Program Rules.
In the event of a dispute over the identity of a Member, the Member will be deemed to be the authorized account holder of the e-mail address identified at the time of enrollment into the Rewards Program. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, social sharing site) that is responsible for assigning e-mail addresses for the domain associated with the applicable e-mail address.
4. PARTICIPATION AND EARNING POINTS
Once a Member has successfully completed the enrollment process, and, if necessary, has been verified, he/she/they may begin earning points (“Points”) through participation in the Program by engaging in or achieving certain specified qualifying tasks and activities (each, a “Qualifying Activity”). Actions taken prior to enrollment and/or actions that are not specified in the Terms as Qualifying Activities are not eligible to earn Points, unless otherwise specified in writing by Company. For each Qualifying Activity completed, the Member will receive a pre-determined and pre-announced number of Points (“Point Value”), as determined by Company in its sole discretion. Company reserves the right to add or delete Qualifying Activities and/or change the number of Points that may be awarded for any activity at any time, with or without notice, in its sole and absolute discretion; please check back frequently to see what new Qualifying Activities or promotions may be offered.
A. Initial Product Registration (400 points):
Each new Member’s first Qualifying Activity, after successful enrollment, must be the purchase and registration of McCormick’s The TEN product (“The TEN” or “the Qualifying Product”); Member must then scan the QR code located on The TEN’s packaging, which will open the App so that you can sign into your Flavor Maker Flavor Profile Account and follow the instructions to successfully register The TEN product. If you do not already have a Flavor Maker Flavor Profile Account, or if you have not downloaded the Flavor Maker App, scanning the QR code will direct you to first complete these steps. Once you have downloaded the App and successfully registered, you will receive an award of four hundred (400) points, which will be automatically added to your Rewards Program account. Limit one (1) The TEN product registration per Member.
B. Additional Qualifying Activities:
i. Logging a Meal Planning Preference (100 points): While logged into your Flavor Maker Flavor Profile account, and within the Rewards Program portion of the App, you may choose to log a Meal Planning Preference (“Meal Planning Preference”). Successfully logging a Meal Planning Preference will automatically add one hundred (100) points to your Rewards Program account. Limit one (1) Meal Planning Preference log per Member.
ii. The “I Made It” Recipe Feature (100 points): While logged into your Flavor Maker Flavor Profile account, you may navigate to the exclusive “Recipes” section of the App and indicate that you have made a recipe by clicking or tapping the “I Made It" button (“Button”) associated with participating recipes. Successfully clicking or tapping the Button will automatically add ten (10) points to your Rewards Program account. Limit ten (10) Button Rewards Program entries via the I Made It Recipe Feature, for a maximum of one hundred (100) Button points per Rewards Program member.
Company reserves the right, in its sole discretion and at any time during the duration of this Rewards Program, to change the number of Points awarded, or to award no Points, for any particular Qualifying Activity, to offer additional or new Qualifying Activities for a limited time or permanently, to delete any or all means to earn Points, to limit the number of times a Member may earn Points for engaging in a Qualifying Activity or engaging in the activity during a specific time period, or to offer Points-earning opportunities to select groups of Members. Points are non-transferable, have no cash value, and may not be sold or assigned or exchanged for any value. Points may only be used to participate in the Rewards Program, and a Member’s Points will expire if a Member’s Account is cancelled for any reason, after a year of inactivity, or if the Program is terminated.
5. REWARDS AND REWARD REDEMPTION
Rewards will be available for redemption by Members as follows:
A. 15% Off Coupon: In exchange for six hundred (600) points, a qualifying Member may receive one (1) one-time-use coupon for 15% off a future purchase at www.shop.mccormick.com.
B. Free Shipping Coupon: In exchange for six hundred (600) points, a qualifying Member may receive one (1) one-time-use coupon for use towards free shipping on a future purchase at www.shop.mccormick.com.
Coupon rewards (“Rewards”) subject to restrictions, including additional terms and conditions of sale available at www.shop.mccormick.com, and are valid for one time use only; Rewards are valid for one time use only, have no cash value and cannot be redeemed for cash, sold, purchased, bartered, transferred, assigned, or applied to previous purchases or orders at www.shop.mccormick.com.
Company may add, change, or remove any Reward at any time and without notice. Additional Rewards may include, but are not limited to, coupons, partner offers and discounts, and Company and/or third party products, at Company’s option. Rewards may vary and are subject to availability. Company reserves the right to change, modify, or otherwise alter the requirements to redeem a Reward at any time and without notice.
6. MEMBER CONTENT
7. PROGRAM ACKNOWLEDGEMENTS
By participating in this Rewards Program, each Member acknowledges and agrees that:
A. Points and Rewards are not valid unless earned in strict compliance with the requirements of these Program Rules, as interpreted and applied by Company, and Members shall not attempt to earn Points and Rewards by any means (including without limitation, by using any script, bot, or other automated means) that only simulates compliance with the applicable requirements. Company’s determination of the number of Points and Rewards available to any Member hereunder shall be final and binding for all purposes.
B. Points and Rewards have no cash, trade, or barter value. Members have no ownership interest in accrued Points and Rewards, and Points and Rewards are not the property of Members. There may be a delay before Points appear in a Member’s account after a Qualifying Activity has been completed, and Members shall have no claim against Company based on failure of Points or a Reward to appear in a timely manner.
C. Points and Rewards may only be earned in connection with these Program Rules and any of the rules of any Company or third party promotions that may be offered in connection with the Program, and may not be redeemed by, or sold, exchanged, shared (electronically or otherwise), or otherwise transferred to any other Member or to an account for any other Rewards Program.
D. Company’s ability to accurately allocate Points to a Member’s account based on Qualifying Activities performed may be restricted by the terms, conditions, or guidelines of the App or the App or mobile device settings of Member and Company will have no liability to a Member for such limitations on Points earnings.
E. To the extent Members engage in any Qualifying Activity to earn Points and use text messaging or data/internet use in connection with this Rewards Program, you acknowledge that text messages and data/internet use will or may be charged in accordance with your carrier’s standard text message and data rates. Contact your carrier and/or Internet access provider for pricing and details. All charges are the responsibility of the Member.
F. No robotic, software-generated, other automated or incomplete Qualifying Activities will earn Points or Rewards. Gaming, fraud or abuse relating to the earning of Points may result in forfeiture of accrued Points and/or Rewards, as well as termination of a Member’s account and/or this Rewards Program, in Company’s sole discretion. In addition, Company reserves the right to take legal action, including criminal prosecution, as Company deems necessary, in Company’s sole discretion.
8. MODIFICATION AND TERMINATION OF PROGRAM; CANCELLATION OF MEMBERSHIP
A. Modification/Termination of Program
1. The Rewards Program has no predetermined termination date and may continue until such time as Company, at its sole discretion, elects to designate a Program termination date. Company reserves the right, in its sole discretion and without notice, to terminate, cancel or expire the Program, in whole or in part, or an individual Member’s enrollment in the Program for any reason and at its sole discretion, with or without cause. “Termination” shall be defined as ending the Rewards Program, with no further ability to earn Points and/or redeem Points in exchange for Rewards by any Member in the Program; the Program has not been terminated if a replacement/successor program is made available to the Program Members that offers the Members a reasonable means to earn Points and redeem Points in exchange for Rewards. “Cancellation” shall be defined as the expiration or revocation of an individual Member’s Membership, for any reason, with or without cause. Member acknowledges that Company has the right to change, update, revise, limit, supplement and otherwise modify the terms of this Agreement and impose new or additional terms and conditions on Member’s use of the Account, at any time, at its discretion, with or without notice, even though such changes may affect the accumulation of Points or the ability to obtain Rewards.
2. Company reserves the right to change the Program Rules at any time in its sole discretion without prior notice to Member, including but not limited to: (i) the qualifications for membership; (ii) the value of Points earned by the Member; (iii) the number of Points needed to earn a Reward; and (iv) the Rewards available to be earned. Each such modification will be effective immediately and is incorporated into this Agreement when posted by Company to the Digital Services or upon providing notice to you (including by email). Your continued participation in this Rewards Program and/or use of the Digital Services (including the App), following any such modifications constitutes your acceptance of such modifications and your agreement to be bound by this Agreement, including these Program Rules. If you do not agree to any modification of this Agreement, including these Program Rules, as the case may be, your sole remedy is to discontinue your use of the Digital Services, including the App, and participation in this Rewards Program. It is important that you review these Program Rules regularly.
3. Upon termination of the Rewards Program for whatever reason, and expiration of any grace period to redeem Awards if and as may be specified by Company, all Points will become null and void and will not be redeemable for any Reward, good, service, or any other value, financial or otherwise. Points are non-transferable, have no cash value, and may not be sold or assigned or exchanged for any value; they may only be used to participate in the Rewards Program. In the event this Program is terminated, this Part shall survive in accordance with its terms.
4. Company reserves the right to reject, revoke, cancel or suspend any Membership, Reward, Program, promotion, and/or any and all unredeemed Points, or take any other Program-related action at its sole and absolute discretion, at any time with immediate effect and without written notice or liability to any Member, if Company believes: (a) the Member has (1) violated any of the Program Rules; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Rewards Program; or (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Rewards Program, Company or its Members or employees; or (b) Company’s provision of the Rewards Program and/or any associated benefits (including but not limited to Points, sweepstakes, coupons, and product samples) to Member(s) may violate any applicable laws to which Company is subject. Membership in the Program may be revoked at any time. In the event that a Member fails to comply with or violates these Program Rules or the Official Rules of any Promotion, or if a Member’s Account is inactive for twelve (12) months, or for any other reason in Company’s sole discretion, Company reserves the right to terminate or cancel the Member’s Account and/or invalidate a Member’s Points and/or Rewards in addition to seeking any and all remedies available under the law. Upon termination, expiration or cancellation of a Member’s Account for any reason, all Points and Rewards will become null and void, regardless of when or how they were acquired by such Member.
B. CANCELLATION / OPT-OUT
Participation in the Rewards Program is voluntary and you may opt-out at any time. You may opt-out of the Rewards Program by submitting a deletion request via the webform linked www.mccormick.com/flavorprofile, contacting us at email@example.com, or by using the self-service deletion option within your Flavor Maker Flavor Profile Account settings. If a Member has a negative Point balance at the time of opt-out, or their Membership is otherwise cancelled or terminated for any reason, the negative Point balance will remain indefinitely; if the Member rejoins the Program, the negative Point balance will still appear in the Member’s Account.
9. ADDITIONAL TERMS AND CONDITIONS
A. Program Updates; Member Communications
From time to time, Rewards and other information may be updated in these Program Terms. Please check the Program Terms for the most up-to-date information and notices. Each Rewards Program Member is responsible for reading the Program Rules and any other communications from Company in order to understand such Member’s rights, responsibilities, and status in the Rewards Program, as well as the structure for earning Points and Rewards. Company may amend the Program Rules at any time without notice. Name and address changes should be emailed to firstname.lastname@example.org. Any changes to your name and address that are not received and recorded by Company may result in your failure to receive Rewards; please be sure to confirm receipt by Company of any change in your personal information. Company is not responsible for communications, including Rewards, lost due to a change of address or other contact information.
ANY AND ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF REWARD ARE NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF WINNER.
C. CAUTION AND WARNING
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM, THE APP, OR ANY WEBSITE ASSOCIATED WITH THIS REWARDS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Company reserves the right, in its sole discretion, to disqualify any individual it finds to be: (a) tampering with the operation of the Program, or with the App or any other website relating to this Rewards Program; or (b) acting in violation of these Program Rules. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation by a Member may subject that Member to termination of his/her/their Account and will affect eligibility for future participation in the Program.
D. LIMITATION OF LIABILITY AND RELEASE
BY ACCESSING THE APP OR RELATED WEBSITES, ENROLLING OR PARTICIPATING IN THE PROGRAM, ACCUMULATING POINTS, OR RECEIVING REWARDS, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO BE BOUND BY THIS AGREEMENT, INCLUDING THESE LOYALTY PROGRAM TERMS AND CONDITIONS OF THE PROGRAM AND BY ALL APPLICABLE LAWS AND DECISIONS OF COMPANY, WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE TERMS AND CONDITIONS; (C) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST COMPANY, THEIR PARENT OR AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) IN CONNECTION WITH THE APP, RELATED WEBSITES, ANY REWARDS PROGRAM, INCLUDING ANY REWARD, AND (D) INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE SITE; (II) YOUR MEMBER CONTENT, INCLUDING COMPANY’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY MEMBER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT. COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT. COMPANY AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN ANY REWARDS PROGRAM, IN ANY ACTIVITY, AND/OR THE ACCEPTANCE OR USE OF ANY REWARD. BY PARTICIPATING OR ENROLLING IN THE REWARDS PROGRAM, OR THE USE OF ANY REWARD, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.
By enrolling or participating in this Rewards Program, Member agrees for Member and Member’s heirs, executors, administrators and assigns, to release and hold harmless, and hereby releases and holds harmless, the Released Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever arising from or in connection with: (1) any unauthorized access to, alteration or use of Member’s account, transmissions or data, any material or data sent or received or not sent or received through this Rewards Program, (2) any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights; or (3) a Member’s acceptance, possession, grant, or use of any Points or Reward, including without limitation, product failure or liability, personal injury, death and property damage arising therefrom.
IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ALL MEMBERS AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING IN OUT OF OR IN ANY WAY RELATED TO ACCEPTANCE, POSSESSION, MISUSE OR USE OF POINTS OR ANY REWARD, USE OF THE APP OR RELATED WEBSITES, AND/OR ENROLLING OR PARTICIPATING IN THE REWARDS PROGRAM, REWARDS PROGRAM-RELATED ACTIVITIES, AND OTHER ACTIVITIES, IN ANY WAY RELATED TO THIS REWARDS PROGRAM OR ANY PROMOTION OPERATED IN CONNECTION WITH THIS REWARDS PROGRAM, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY (A) MATTER BEYOND THEIR REASONABLE CONTROL, INCLUDING CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMICS, EPIDEMICS, WIDESPREAD ILLNESS, WEATHER, OR TERRORISM, OR (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
E. DISCLAIMER OF ALL WARRANTIES
THIS REWARDS PROGRAM, INCLUDING, WITHOUT LIMITATION, POINTS AND REWARDS, AND ALL PROGRAM SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. NEITHER COMPANY OR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS REWARDS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS REWARDS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED; OR (F) ANY LEADERBOARD USED IN CONNECTION WITH THIS REWARDS PROGRAM OR ANY RELATED PROMOTION IS ACCURATE OR COMPLETE. A MEMBER’S USE OF THE REWARDS PROGRAM IS SOLELY AT THE MEMBER’S OWN RISK.
Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
F. DISPUTE RESOLUTION AND CLASS ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM, CAUSE OF ACTION, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO THE REWARDS PROGRAM, THIS AGREEMENT (INCLUDING THESE LOYALTY PROGRAM TERMS AND CONDITIONS), OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSE. YOU AGREE THAT YOU MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
G. Choice of Law and Forum
The Rewards Program is controlled by McCormick from within the State of Maryland, USA. By accessing the App, related websites, by participating in the Rewards Program, or otherwise agreeing to this Agreement (including the Loyalty Program Terms and Conditions), you agree that the laws of the State of Maryland, USA govern all matters relating to this Rewards Program, and the use, or inability to use, the App and related Websites, and that such laws will apply without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction and venue of the State and Federal courts in Maryland, USA.
I. California Usage
Notice for California Users: Under California Civil Code Section 1789.3, California users of the McCormick App and websites are entitled to receive the following information on how to resolve a complaint regarding the App, website, and services or to receive further information regarding use of the App, website, and services:
Complaints or requests may be submitted to Company by using one (1) of the following methods:
By Email: email@example.com
By Postal Mail: McCormick & Company, Incorporated. Attention: Legal Department. 24 Schilling Road, Suite 1, Hunt Valley, MD 20131.
For more information about the Program, or if you have other questions, email us at firstname.lastname@example.org