IMPORTANT: These Terms & Conditions require that you arbitrate claims you may have against Nestlé Purina PetCare Company (“Purina”), which means that you cannot bring claims against Purina in court, and confirm your agreement to a class action waiver in arbitration. These requirements affect your legal rights; please read the Terms & Conditions carefully.
New MyPerks Program
Effective May 4, 2020, Purina is changing the Terms & Conditions of the Cat Chow MyPerks rewards program. Changes include but are not limited to:
- Simplified point structure: We’ve made our point system easier. Under the new MyPerks program, you will earn 3 points for every $1 spent on Cat Chow products after March 1, 2020, up to $67 per calendar month. Points can also be accumulated by completing various engagement activities within the MyPerks program.
- Introducing tiers: The new MyPerks program will have four tiers. Everyone will begin at the Blue Tier. As you submit valid receipts from Cat Chow purchases, you can reach new tiers (Silver, Gold and Platinum) that offer different benefits. As you move up the tier system, you’ll also be able to accrue points more quickly. Keep in mind, even though you can earn points by completing activities and submitting valid receipts, only dollars spent on Cat Chow products will count towards moving up in the tier system upon successful receipt submission.
- Program migration: After the program transition is complete on May 4, 2020, members will have 90 days to log into their new MyPerks account and update their passwords. Failure to update your password within the first 90 days will result in the loss of all points associated with the account and deactivation of your account.
- You must be at least 18 years old and enrolled in the MyPerks program in order to earn and redeem points.
- For every $1 spent on Cat Chow products, MyPerks Members will be entitled to earn 3 reward points. Reward points are calculated based on net purchases after trade discounts and will be rounded to the nearest dollar (e.g., if a MyPerks member spends $1.49 on participating Cat Chow products, that member will be awarded 4 points ($1.49 x 3 = 4 points).
- Reward points are calculated based on each separate receipt submitted as opposed to the total amount added if multiple receipts are submitted at the same time (e.g., if 2 separate receipts each reflecting $1.49 spent on Cat Chow products are submitted at the same time, the total Reward Points credited will be 4 points + 4 points = 8 points).
- Upon successful receipt upload, MyPerks members earn points on Cat Chow purchases up to $67/calendar month on valid receipts as of March 1, 2020. The monthly limit is based on the date of purchase as indicated on the receipt rather than the receipt scan date.
- To earn your reward points for Cat Chow purchases, submit a clear photo of the receipt(s) to the receipt scanner found in your MyPerks account within 1 month of purchase (as dated on the receipt).
- We reserve the rights to reject any receipt or documentation that is in our sole discretion, deemed to be late, illegible, incomplete or tampered with.
- The effective commencement date of this rewards program is May 4, 2020. Only receipts for Cat Chow purchases after March 1, 2020 will be considered eligible for points under the updated rewards program.
- MyPerks reward points do not expire under the condition that the MyPerks account remains active (e.g., members engage with the program by completing activities or through approved receipt uploads within a calendar year). Upon submission of your receipt for point accumulation, please allow 3 business days to validate and process your reward points to your account.
- Reward points are non-transferrable or redeemable for cash.
- Your redeemable points are the number of points you have available to redeem rewards. This number decreases with each reward you redeem and will increase with the completion of qualified activities or purchases.
- There are four (4) levels within the MyPerks program based on the successful receipt uploads for Cat Chow purchases made within a calendar year in your account. By creating an account, you will be automatically enrolled at the “Blue” tier level.
- Members can elevate their tier status via the successful upload of Cat Chow purchase receipts. The tier criteria are below:
- Blue Tier: $0-$50 in a calendar year
- Silver Tier: $51-$149 in a calendar year
- Gold Tier: $150-$249 in a calendar year
- Platinum Tier: $250+ in a calendar year
- Each tier level comes with its own benefits that are only available to members at that tier level. The amount spent on Cat Chow purchases within a calendar year will determine your tier status within the MyPerks program for the rest of the current year and following calendar year. Once the amount spent from Cat Chow purchases meets or exceeds the tier level spend requirements, you will automatically qualify and be entered into that tier level regardless of your "redeemable points balance."
- Please log in to your MyPerks account and visit the Rewards Page for a current list of reward items as rewards change. Members are solely responsible for all activities that occur under their MyPerks accounts, and all such activities must comply with applicable federal, state, and local laws and regulations, as well as these Terms & Conditions.
- Once members redeem their points for a reward, the transaction cannot be reversed or refunded. Reward redemptions are final. Reward items will be provided on a first-come, first-serve basis and be subject to availability. Additional terms and conditions may apply to rewards and will be noted on the rewards page.
- All benefit/redemption items awarded to a Member are subject to availability and on an “as is” basis. All benefits and redemption items are non-exchangeable for cash or any other items.
- Reward items will be mailed to the mailing address provided at checkout or the email address provided in your program account, as applicable. You are responsible for updating and ensuring that your registration information, including your mailing and email addresses, remains current. We are not responsible for undelivered or mis- delivered reward items, including due to your failure to provide accurate delivery information or to check your spam filter. Rewards that can be delivered electronically will be delivered within 48 hours from the date the redemption is fully processed.
- The MyPerks rewards program gives members the opportunity to accumulate points through non-purchase engagement opportunities. Each activity may have its own set of limitations on how often and/or how many total points you can earn by completing the activity. Such limitations are stated on the Activities Page. Points will be reflected in your redeemable point balance and your account history upon completion of the activity.
- Activities and points earned through participating in such activities will not affect your tier level.
- MyPerks may, without notice, and at its sole discretion, modify the terms of or cancel/postpone/interrupt this rewards program or any benefits herein, or substitute or cancel any redemption items, at any time and with or without prior notice to you.
- MyPerks may, at its sole discretion and at any time, terminate a Member’s membership in the rewards program and/or a Member’s access to all or any part of the MyPerks services. Such termination may result in the immediate forfeiture of all reward points the Member has earned, without the opportunity to redeem them.
- Decisions on all matters relating to this rewards program will be final, binding and conclusive, and no Member correspondence will be entertained.
- All benefit/redemption items awarded to a Member are subject to availability and on an “as is” basis and without warranty of any kind, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. All benefits and redemption items are non-exchangeable for cash or any other items.
Dispute Resolution and Arbitration
- Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
- Mandatory, Bilateral Arbitration. YOU AND PURINA AGREE TO RESOLVE ANY DISPUTE ARISING OUT OF, OR RELATING TO, THE CAT CHOW MYPERKS REWARDS PROGRAM, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, BY FINAL AND BINDING, BILATERAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT PURINA AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under any statute, regulation, or legal or equitable theory.
- Arbitration Rules. You and Purina agree that Missouri law governs interpretation and application of these Terms & Conditions generally, and you further hereby agree that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration.
Unless you and Purina agree otherwise in writing, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to JAMS Streamlined Arbitration Rules and Procedures (“JAMS Streamlined Rules”), as modified by this agreement, and consistent with JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards”). Notwithstanding JAMS Streamlined Rule 8(b), you and Purina agree that any dispute as to the arbitrability of a claim brought by either you or Purina shall be resolved by a court of competent jurisdiction.
- The Arbitrator’s Decision. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator.
The arbitrator’s decision will follow the terms of these Terms & Conditions, will consist of a written statement stating the disposition of each claim, will be final and binding, and will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the claimant’s individual claim. Judgment on the arbitration award may be entered in any court with jurisdiction. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Notwithstanding any of the foregoing, nothing in these Terms & Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.