Effective date: September 17, 2024

These Terms of Service govern your access and use of Rusty Lantern Markets, LLC’s services. Understanding these terms is important because, by accessing or using our services you are agreeing to these terms. In addition to these terms, you agree to our Privacy Policy, which applies to your access and use of our services.

Rusty Lantern’s services, including our website www.rustylanternmarkets.com and our mobile Rewards application, are provided by Rusty Lantern Markets, LLC (“Rusty Lantern”, “we”, “our”, “us”) with a place of business at 9 Industrial Parkway, Brunswick, ME 04011.

These terms help define the relationship between you and Rusty Lantern. We give you permission to access and use our services if you agree to follow these terms.

Use Our Services Appropriately

When using our services, you must comply with all applicable laws and respect the rights of others, including privacy and intellectual property rights. You must not: abuse, harm, interfere with, or disrupt our services or systems; bypass our systems or protective measures; access or use our services or content in fraudulent or deceptive ways; use our services to violate anyone’s legal rights; reverse engineer our services or underlying technology; or hide or misrepresent who you are. You will not use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to bots, screen scrapers, or offline readers. You must not use our services or website while driving, or behind the wheel of a vehicle not in park. You are responsible for what you do with your Rusty Lantern account, including taking reasonable steps to keep your Rusty Lantern account secure. You are responsible for any devices, software and services needed to use the online services. We do not guarantee that the online services will fully function on any particular make or model device or with any particular software or operating system.

Permission to Use Your Content

Some of our services allow you to upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you are free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful. You understand that by submitting any content, you give Rusty Lantern a perpetual, non-exclusive license to use any content that you provide to us. We will not be required to treat any content as confidential. You expressly waive any and all claims against Rusty Lantern in connection with our consideration, use or development of any product, design, concept or other materials similar or identical to your content.

Rusty Lantern Content

Our services include content that belongs to Rusty Lantern. We retain all rights in our content, including any trademarks, service marks, graphical elements, look and feel or trade dress of our website and store locations and other intellectual property rights. You may not copy, modify, distribute, sell, lease, or reverse engineer any of our content. You agree not to remove, obscure, or alter any of our branding, logos, or legal notices.

Other Content

Some of our services give you access to content that belongs to other people or organizations. You may not use this content without that person or organization’s permission, or as otherwise allowed by law.

Software in Rusty Lantern Services

Some of our services include downloadable or preloaded software. We give you permission to use that software as part of the services. You may not copy, modify, distribute, sell, lease, or reverse engineer any part of our services or software.

Rewards Program Overview

Rusty Lantern’s Rewards is a customer loyalty program that allows its Members to receive and redeem points on qualifying purchases for Rewards. Members can earn points on the amounts they spend on qualifying purchases made at one of our participating physical locations, or via mobile order. The Program is valid at participating stores in Maine, Massachusetts, New Hampshire and Rhode Island. Void where prohibited or restricted.

How to Become a Rewards Member

Enrollment is free. No purchase is necessary to enroll or participate in the program.

You must be age 18 years or older to become a Member. The program is intended for personal use only. Commercial use is prohibited. Accounts are personal and cannot be sold, transferred, gifted, or assigned to or shared with others.

To become a Member, go to www.rustylanternmarkets.com/rewards or the Rusty Lantern Rewards App and create a new account and provide the following information:

1. First Name

2. Last Name

3. Phone Number

4. Zip Code

5. Email Address

6. Birthdate (optional) – if you provide a birthdate we will reward you with points on your birthday. If you do not provide your birthdate, you will not receive birthday offers.

7. Password

At this time you may also designate your communications and location access preferences. And you will be required to accept these Terms & Conditions.

How to Earn and Receive Points in Rusty Lantern Rewards

To receive Program points, you must purchase qualifying items at participating stores or via our online ordering platform. At the time of purchase, you must either scan your App barcode, swipe your Rewards card, enter your Rewards card number or RLM ALT ID and pay with an acceptable form of payment.

Program Members receive 10 points for every dollar spent on qualifying purchases, exclusive of sales tax and discounts, if any. Bonus points, special promotions and sweepstakes may be offered from time-to-time based on completed actions and/or purchase activity (e.g. at specific times of day, geographic location, purchases made online vs instore). Bonus points will be provided according to the terms of the applicable offer and may be offered at any time at Rusty Lantern’s sole discretion. Bonus points are awarded for completed purchases or actions.

Eligibility for earning points requires members to have a complete and valid member profile and active account. In addition, bonus point awards, sweepstake participation and special promotions may require opt-in to push notifications, SMS, email and/or location services to receive notifications of offers and their associated terms. Failure to sign-up for such communications or to have complete and active membership accounts, or to have network connectivity may result in not receiving information about or ability to redeem offers.

Rusty Lantern Markets is under no obligation to provide Members any particular point opportunities or special offers.

Qualifying purchases include the purchase of made-to-order and self-serve food and beverages, and some retail merchandise. Purchases must be made from a participating Rusty Lantern location or the Rusty Lantern online ordering platform. Tobacco, alcohol, fuel, gift card and lottery purchases are excluded from consideration and will not garner Program points. Points cannot be earned via orders placed through third-party platforms, such as DoorDash or Uber Eats.

Program Point balances will be updated in your account and will be viewable in the App and on the Website typically within 24 hours of making a qualifying purchase.

How to Redeem Program Points for Rewards

Earned points may be redeemed for Rewards from the Program offer catalog. The catalog is comprised of select food and beverage items, as well as select retail items and cash-like discounts. The number of points required to redeem catalog items is identified in the Rewards App only.

Points can only be redeemed or exchanged for items included in the Reward App catalog. The catalog can be accessed on the App’s home page.

1. Click the Redeem button under your Points Balance, scroll through the qualifying active offers and click the offer Redeem button to select that reward.

2. Next, click the confirm button and the reward will be redeemed and added to your account.

3. The offer is now available. The next time you enter your card number, RLM Alt ID, scan your barcode, or swipe your card at checkout, the reward will be honored and you’ll receive your selection.

Points will be subtracted from the Member Account points balance immediately upon a Reward request and be based on the total points for the requested Reward. Points will be subtracted from your account in the order they were received, oldest first. You must have in your account at least the number of points required to redeem your chosen reward.

Point Availability & Expiration

Points expire 12 months after the end of the month they were earned. That is, if you earn points on October 15, 2024, those points will expire October 30, 2025.

Points are personal and cannot be sold, transferred, gifted or assigned to or shared with others.

Rusty Lantern reserves the right to cancel Points credited to a Member account if it is determined that Points were incorrectly posted to the Member’s account or if Points were obtained fraudulently. Rusty Lantern, at its sole discretion, reserves the right to refuse membership to any Member based on prior fraudulent or inappropriate behavior.

Reward Availability, Exclusions & Expiration

Each reward is subject to the specific terms and conditions associated with the reward.

The Rewards will remain available in your account one month after the end of the month they were issued. For example, if you redeem a reward on October 15, 2024 that reward will expire on November 30, 2024.

Rewards are subject to change or removal at any time at Rusty Lantern’s sole discretion. Rusty Lantern Market has the right to terminate the program at any time without providing written or electronic notice to its Program Members, App or card holders. Members have the right to cancel Rusty Lantern Market Rewards membership at any time. Canceling an account can be achieved by deleting your account in the App or by contacting Customer Support at (800) 759-0276. Upon account termination either by Member or Rusty Lantern, all previously earned points and/or unused Rewards will become null and void. Should a Member choose to sign-up for the program again, they will begin their account with a zero balance.

A reward item can be redeemed only when the item is available at the location or online. For example, breakfast items may only be available during breakfast hours. Reward items are available while supplies last. Exchanges are not available for online orders.

If a Member fails to make a qualifying point-earning purchase(s) instore or online via the App, Rewards card or RLM Alt ID, or fails to claim or redeem a reward for a period of two years or more, Rusty Lantern will consider the account inactive and has the right to cancel the Member account.

Communication Preferences & Options

Rusty Lantern communicates with its Rewards members via in-App messaging, email, SMS, and push notifications. Members will be asked to opt-in to email promotions and push notifications and can opt-out from these communications at any time via the App, through the website, or via the communication. There is an unsubscribe link in email communications and, Members can text “STOP” in response to test messages in order to discontinue receipt of them. In-App messaging is inherit to the App and Members cannot opt-out of those messages.

Member Account Use & Responsibility

Members must report any account misuse to Rusty Lantern Customer Support. Rusty Lantern will review the report and determine at its sole discretion what corrective measures may be taken, if any.

Members are responsible for keeping account profile information up-to-date and accurate, for account use, activity and point redemption. Members are responsible for managing who has access to their account. Rusty Lantern is not responsible for lapses in communications due to inaccurate information provided by the Member, or for a Member’s use of the account, point redemption or unauthorized use or redemption of points by any individual who has access to the account.

Point Disputes & Restoration

If a Member believes points for a qualifying purchase were not added to their Rewards account within 24 hours of purchase, they may contact Customer Service. Customer Service can be reached at (800) 759-0276, Monday-Friday, 9am-6pm (EST) or via email at: MemberSupport@RustyLanternMarkets.com. Rusty Lantern Markets will use reasonable efforts to investigate your claim as long as you are able to provide a receipt of the qualifying purchase transaction within 30 days of the transaction occurred. Points will be restored to a Member account at Rusty Lantern’s sole discretion and only if deemed that the Reward requested is unavailable, cannot be delivered, or if points were not awarded for a qualifying purchase.

System Outages & Unavailability

From time-to-time participating Rusty Lantern locations and online services may experience system unavailability and therefore be unable to process Rewards transactions and award points. Should this occur, Members are encouraged to contact Customer Service.

Warranty Disclaimer

TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

Limited Liability

Rusty Lantern is not liable for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings, indirect or consequential losses, or punitive damages. Rusty Lantern’s total liability arising out of or relating to these terms or your use of our services is limited to the greater of (1) $200 or (2) the fees paid to use our services in the 12 months before the dispute.

Indemnification

You indemnify Rusty Lantern and its directors, officers, members, managers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your use of the services or violation of these terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.

Removing Your Content

If any of your content breaches these terms or our policies, violates applicable law, or could harm our users, third parties, or Rusty Lantern, then we reserve the right to take down some or all of that content.

Suspending or Terminating Your Access to Rusty Lantern Services

Without limiting any of our other rights, Rusty Lantern may suspend or terminate your access to the services or delete your Rusty Lantern account if: you breach these terms; we are required to do so to comply with a legal requirement or a court order; or your conduct causes harm or liability to a user, third party, or Rusty Lantern.

Resolving Disputes, Governing Law, and Courts

Maine law will govern all disputes arising out of or relating to these terms or your use of our services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Cumberland County, Maine, USA, and you and Rusty Lantern consent to personal jurisdiction in those courts.

About These Terms

If any of the terms in this Terms of Service is determined by a court to be invalid or unenforceable, this will not affect the validity and enforceability of the remaining terms. If you fail to comply with these terms, and we do not take action right away, that does not waive any of our rights, including the right to take action in the future. We may update these terms at any time in our sole discretion, and the new Terms of Service will be posted on our website or Rewards app. Please review these terms from time to time to view any changes. If you do not agree to the new terms, you should stop using the services.

Contact Us

If you have questions or comments about these Terms of Service, we encourage you to contact us by email at information@rustylanternmarkets.com.