ButcherBox Rewards™ Program Terms of Use
Last Updated: September 30, 2024
ButcherBox Rewards™ Program Terms of Use
PLEASE CAREFULLY READ THESE SIZZLE SOCIETY™, BUTCHERBOX REWARDS TERMS OF USE (“REWARDS TERMS”).
Note that Section 5 of these Rewards Terms contains a mandatory arbitration provision that requires ButcherBox and you to use binding arbitration on an individual basis and limits the remedies available to ButcherBox and you in the event of certain disputes. By agreeing to these Rewards Terms, ButcherBox and you are giving up our rights to bring our disputes before a jury or as a member of class action.
By accessing or using the ButcherBox Rewards Program (“Rewards Program”) provided by ButcherBox OpCo, LLC or our subsidiaries or other affiliates (collectively, “ButcherBox,” “we,” “us” or “our”) through our websites, blogs and/or mobile applications (collectively, the “Sites” and together with such services, the “Services”) you agree to be bound by these Rewards Terms and all of the Terms incorporated herein by reference. If you do not agree to these Rewards Terms, you may not access or use the ButcherBox Rewards Program.
1. Additional Terms.
These Rewards Terms apply to your access to, and participation in, the Rewards Program which is operated by ButcherBox. These Rewards Terms do not alter in any way the terms or conditions of any other agreement you may have with ButcherBox for other products or services.
2. Changes To Terms.
ButcherBox reserves the right to change or modify these Rewards Terms at any time and in our sole discretion. If we make material changes to these Rewards Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Sites. By continuing to access or use the Rewards Program in any way after such notice has been provided, you confirm your acceptance of the revised Rewards Terms, and all of the terms incorporated therein by reference. We encourage you to review the Rewards Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Rewards Program. If you do not agree to the revised Rewards Terms, you are free to reject them and will not be able to access or use the Rewards Program.
3. Children’s Privacy Protection.
The Rewards Program is not intended for children or minors under the age of sixteen years and the Rewards Program does not knowingly collect such information without the permission of a parent or guardian. If you believe that a child has submitted Personal Information on or through one of our Sites without the consent and supervision of a parent or guardian, please contact us at 1-855-981-8568 or email us at support@butcherbox.com, so that we can take appropriate action.
4. Sizzle Society, a ButcherBox Rewards Program
a. Points.
ButcherBox points (“Points”) are earned based on dollars spent on ButcherBox subscription purchases. For every $1 spent on ButcherBox subscription purchases, a member earns 2 Points. Once a member has earned a minimum of 1000 Points, the Member can choose to redeem the points for $10 ButcherBox Credit, to be applied to a future ButcherBox subscription purchase. Points are added to your account within twenty-four (24) hours of your qualifying purchase shipping. Points expire if you have not made a ButcherBox subscription purchase in the previous rolling six (6) months. For example, if you purchase a subscription order on March 15, 2025, and do not make another purchase on or before September 15, 2025, your points will expire September 16, 2025.
b. Tiers.
Sizzle Society tiers (“Tiers”) are based on the number of subscription orders placed, by a Member, in a rolling twelve (12) month period; provided however, if a Members does not place an order in the previous rolling six (6) months, Tier status will reset, and the Member will lose their Tier benefits. All Tiers have benefits made available by ButcherBox in its sole discretion from time to time (“Tier Benefits”). Tier Benefits may vary by Tier and certain Tiers will have more Tier Benefits than other Tiers. ButcherBox, may in its sole discretion, limit, modify, or alter the Sizzle Society, ButcherBox Points, and ButcherBox Rewards, Tiers, rules, regulations, Tier Benefits, or member eligibility. ButcherBox may terminate a Tier or Tier Benefit at any time in its sole discretion, without prior notice except as expressly set out in these ButcherBox Rewards Terms, or required by applicable law.
5. Dispute Resolution; Arbitration.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES BUTCHERBOX AND YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH BUTCHERBOX AND YOU CAN SEEK RELIEF UNDER THESE TERMS. IN PARTICULAR, BUTCHERBOX AND YOU AGREE TO GIVE UP OUR RIGHTS TO BRING CERTAIN DISPUTES BEFORE A JURY OR RESOLVE CERTAIN CLAIMS IN COURT OR AS A MEMBER OF A CLASS PROCEEDING.
a. Binding Arbitration. For any dispute arising out of or related to these Rewards Terms, except for any disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or related to a violation of Section 12 or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents (each, a “Dispute”), to the extent permitted by applicable law, you and ButcherBox agree (a) to waive your and ButcherBox’s respective rights to have any and all Disputes resolved in a court, and (b) to waive your and ButcherBox’s respective rights to a jury trial. Instead, you and ButcherBox agree to arbitrate Disputes through binding arbitration. Arbitration is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court.
b. No Class Arbitrations, Class Actions or Representative Actions. To the extent permitted by applicable law, you and ButcherBox agree that any Dispute is personal to you and ButcherBox and that any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. To the extent permitted by applicable law, you and ButcherBox agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
c. Federal Arbitration Act. You and ButcherBox agree that these Rewards Terms and the Rewards Program affect interstate commerce and that the enforceability of this Section 5 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
d. Notice; Informal Dispute Resolution. You and ButcherBox agree that each party will notify the other party in writing of any Dispute or any small claims dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute or small claims dispute informally. Notice to ButcherBox shall be sent by certified mail or courier to ButcherBox OpCo, LLC Attn: Legal Notices, 311 Arsenal Street, Watertown, MA 02472. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your ButcherBox account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute or small claims dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent to the address we have on file for you, and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute or small claims dispute, (y) a description in reasonable detail of the nature or basis of the Dispute or small claims dispute, and (z) the specific relief that we are seeking. If you and ButcherBox cannot agree how to resolve the Dispute or small claims dispute within thirty (30) days after the date notice is received by the applicable party, then either you or ButcherBox may, as appropriate and in accordance with this Section 5, commence an arbitration proceeding or, to the extent specifically provided for in this Section 5 ("Binding Arbitration" paragraph above), file a claim in court.
e. Process. You and ButcherBox agree that any Dispute or small claims dispute must be commenced or filed by you or ButcherBox within one (1) year of the date the Dispute or small claims dispute arose, otherwise the underlying claim is permanently barred (which means that you and ButcherBox will no longer have the right to assert such claim regarding the Dispute or small claims dispute). You and ButcherBox agree that (a) the arbitration will be conducted in the county where you reside, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are explained in more detail in Section 15 below and hereby incorporated by reference, and (c) that the state or federal courts of the State of Massachusetts and the United States, respectively, sitting in the State of Massachusetts, County of Middlesex, City of Cambridge, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a small claims dispute in the small claims court located in the county of your billing address if the small claims dispute meets the requirements to be heard in that small claims court.
f. Authority of Arbitrator. As limited by the FAA, these Rewards Terms and the JAMS rules referenced above, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of the scope of this arbitration agreement and whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Rewards Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
g. Rules of JAMS. The arbitration will be administered by JAMS in accordance with the JAMS Comprehensive Arbitration Rules (the “JAMS Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-16-1). The Federal Arbitration Act will govern the interpretation and enforcement of this Section. To the extent there are any conflicts between the JAMS Rules and these Rewards Terms, the Rewards Terms will control.
h. Severability. If any term, clause or provision of this Section 5 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 5 will remain valid and enforceable. Further, the waivers set forth in this Section 5 are severable from the other provisions of these Rewards Terms and will remain valid and enforceable, except as prohibited by applicable law.
i. Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Rewards Terms of this Section 5 by writing to: ButcherBox OpCo, LLC Attn: General Counsel, 311 Arsenal Street, Watertown, MA 02472. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 6.
6. Indemnity.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless ButcherBox, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “ButcherBox Parties”), from and against all actual or alleged ButcherBox Parties or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or not matured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Rewards Program, Services, Content or Products, (b) any Feedback you provide, (c) your violation of these Rewards Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Rewards Program, Services or Products provided to you and (f) any User Content you create, post, share or store on or through the Services or our pages or feeds on third party social media platforms. You agree to promptly notify ButcherBox of any third-party Claims and cooperate with the ButcherBox Parties in defending such Claims. You further agree that the ButcherBox Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ButcherBox.
7. Severability.
If any term, clause or provision of these Rewards Terms is deemed invalid or unenforceable, then that term, clause or provision will be severable from these Rewards Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Rewards Terms.
8. Governing Law and Venue.
These Rewards Terms, your access to and use of the Rewards Program shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules or principles (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court pursuant to Section 5 shall be resolved in the state or federal courts of the Commonwealth of Massachusetts and the United States, respectively, sitting in the Commonwealth of Massachusetts, County of Middlesex, City of Cambridge.
9. Opt-Out
A Member may opt out of the Sizzle Society at any time by logging into their ButcherBox account, or by calling Customer Support at 1-855-981-8568, or emailing support@butcherbox.com.
10. Cancellation
When a Member cancels their ButcherBox subscription account, any and all ButcherBox Points, Sizzle Society Tiers, and Tier Benefits are forfeited.
11. No Exchanges/Transfers.
ButcherBox Rewards, ButcherBox Points, Sizzle Society Tiers, and the Tier Benefits of each may not be redeemed for cash and/or gift cards, they may not be exchanged, transferred, and/or gifted.
12. Additional Information
For additional information please see: Loyalty FAQs