Lume Loyalty Program – Terms and Conditions

Welcome to the Lume Loyalty Program (“Program”), owned and operated by Lume Cannabis Co. and its affiliates (collectively, “Lume”), in conjunction with Springbig. These Terms and Conditions (“Agreement”) govern your participation in the Program. You agree to be bound by this Agreement, as it is amended from time to time, when you open your Lume Loyalty account and use your Lume Loyalty points. In this Agreement “you” and “your” refers to each customer who opens a Lume Loyalty account. “We,” “us,” and “our” refers to Lume.

  1. Program Description. The Program is a rewards program that is free to join for its registered customers. Program members are able to earn and accumulate points (“Points”) that can be redeemed for certain additional benefits as described in the Program.
  2. Membership.
    1. Eligibility. Membership in the Program is limited to individuals only and is limited to one account per individual. Members must be individuals who are legally eligible to purchase cannabis products under Michigan law. By enrolling in the Program, you agree to be bound by these Terms and Conditions (“Terms”). No purchase is necessary to enroll in the Program. There are no participation or membership fees associated with the Program.
    2. How to Join. You may register for the Program online at https://lume.com/loyalty and providing the requested information.
  3. Earning Points.  Points are earned on products purchased by you that are eligible for Points and verified by Lume (“Qualified Purchases”). Points may also be earned through promotional offers made available to Program members from time to time, subject to the terms of the promotional offer. Points earned on Qualified Purchases will be made available when the purchase is completed. You will earn one Point for every one dollar ($1) of Qualified Purchases. Points earned through promotional offers will be made available pursuant to the terms of the promotional offer. There is no cap on how many Points you can earn. Points may not be earned in fractional amounts. Instead, Points are rounded up to the nearest Point value.
  4. Exclusions to Earning and Redeeming Points. Points will not be earned and cannot be redeemed for non-Qualified Purchases, or taxes or costs associated with shipping and delivery fees, service fees, handling fees, warranty replacement parts, donations, catalogs, gift cards, or bottle deposit fees.
  5. Promotional Offers. Lume reserves the right to make other promotional offers available to Program members from time to time in its sole discretion. The terms of such promotional offers will be made available at https://lume.com/ or other means of communication.
  6. Viewing Points. You can view and track your current Points balance, as well as any Point activity and available rewards options, by logging into your Lume account.
  7. Redeeming Points. You may redeem Points at any time to receive one of the predetermined set of rewards offered by Lume (“Reward”). There is no cap on how many Points you can redeem at one time. Points may be redeemed through the e-wallet in your Lume account, or at checkout at Lume.com, and/or by any other means Lume may offer from time to time.
  8. Taxes. All costs and expenses associated with the acceptance and use of Rewards and/or any benefit not included in the Reward description as being provided (including, but not limited to, all federal, state, provincial, and local taxes) will be your sole responsibility.
  9. Return of Products.  If you return any product that was purchased in whole or in part by redeeming Points and Lume accepts the return, Lume will credit to your account the number of Points that were used for that purchase. If you return any product for which Points were earned as part of a Qualified Purchase, Lume will deduct the Points that you earned for that Qualified Purchase from your account, potentially resulting in a zero Point balance on your Lume account; however, it will not result in a negative Point balance.
  10. Expiration of Points. Unless otherwise expressed as a limited time offer, all accrued Points in your account will automatically expire after one (1) years of inactivity. Inactivity” is defined as no purchase activity during a one (1) consecutive year period, including but not limited to purchasing a product, redeeming Points, or earning Points.
  11. Communications by and with Lume and its Affiliates and Business Partners. As a consequence of enrolling in the Program, you may receive transactional emails and SMS text communications about the Program, including but not limited to communications regarding Qualified Purchases and Points and Rewards. You consent to receiving these communications.
  12. Opting Out of the Program. You can choose to opt out of the Program at any time. Opting out of the Program does not cancel your Lume account. If you opt out of the Program and continue purchasing products, you will not earn Points on those purchases; however, Points you earned while you were enrolled in the Program will remain available in your account until the Points expire. You will not have the ability to redeem your Points while opted out of the Program. You may opt back into the Program at any time, and resume earning Points on Qualified Purchases and redeem any unexpired Points in your account.
  13. Data Privacy Policies and Terms of Use.  
    1. Lume Policy. By enrolling in the Program, you agree to be bound by Lume’s Privacy Policy at https://lume.com/privacy . Please read Lume’s Privacy Policy carefully to understand how Lume collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you. Moreover, your use of the Lume.com website is also governed by the Terms of Use available at https://lume.com/terms .
    2. Third Parties. Lume may rely on or cooperate with certain third parties to implement some or all of the Program. You may be presented with the privacy policies and terms of use of those third parties, and your registration with and use of the Program indicates your agreement to such policies and terms. In particular, at this time, Lume relies on Springbig to implement the Program. Its privacy policy is available at https://springbig.com/privacy/ , and its terms of use are available at https://springbig.com/terms/ .
  14. Amendments. Lume may, in its sole discretion, alter, limit, amend or modify these Terms at any time or may terminate the Program any time, by posting any such changes at https://lume.com/loyalty. The amendments or modifications to the Program that Lume may make include, but are not limited to, any of the following changes: (i) change the Products that are eligible to earn Points; (ii) increase or decrease the number of Points earned on a Qualified Purchase; (iii) increase or decrease the number of Points required to earn a Reward; (iv) increase or decrease the time period for the expiration of Points; (v) cease providing membership benefits; (vi) change the eligibility or method of becoming a member; or (vii) changes to Program rules or rewards. Electing to remain a member after a change in the Terms constitutes your acceptance of the revised Terms.
  15. Termination/Removal from the Program. Lume reserves the right to terminate your participation in the Program based on inactivity, or if Lume determines, in its sole discretion, that you have violated these Terms or that the use of your Program account is unauthorized, deceptive, fraudulent or otherwise unlawful.  In the event that your participation in the Program is terminated, all accrued Points in your account will automatically expire.
  16. No Cash Value of Points. Rewards do not constitute property, do not entitle you to a vested right or interest. Points accrued in connection with the Program are promotional, have no cash value, cannot be transferred to anyone else, and cannot be redeemed for cash, gift cards, or e-gift certificates.
  17. LIMITATIONS OF LIABILITY:  No responsibility or liability is assumed by Lume for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online, mobile or other communication problems; disruptions, errors or limitations of any Internet service providers or wireless carriers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text transmissions to be sent or received; lost, late, delayed or intercepted e-mail or text transmissions; inaccessibility of the Program in whole or in part for any reason; traffic congestion on the Internet or Program; unauthorized human or non-human intervention, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program , or loss, miscount, misdirection, inaccessibility or unavailability of a Lume account used in connection with the Program. Lume is not responsible for any errors in the Rewards tallies, any display or announcement of Rewards, or Terms or any inaccurate or incorrect data contained on the Program website, including without limitation, the amount of Rewards available, or any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from online participation in the Program , or use of or download of any information. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  Under no circumstances will Lume be liable for punitive, incidental, consequential, or any other damages.
  18. Arbitration.

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

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

  1. Agreement to Arbitrate. Any dispute or claim arising out of or relating to these Terms, the Program, or your access to or participation in the Program (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration in accordance with this Section.
  2. Arbitration Procedure. The arbitration of any dispute or claim shall be initiated through JAMS and conducted in accordance with the JAMS fee schedules and rules, as modified by these Terms. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com. You and Lume agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
  3. Authority of Arbitrator. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and Lume.
  4. Class Action Waiver. You and Lume agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Neither you, nor any other customer or Program member, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding. If a court or arbitrator determines in an action between you and Lume that this class action waiver is unenforceable, the arbitration agreement will be void as to you.
  5. Jury Trial Waiver. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. If for any reason a claim proceeds in court rather than through arbitration, YOU AND LUME WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Winter Fest 2024 Sweepstakes Rules & Regulations

Official Rules

All federal, state, and local laws and regulations apply.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW

NO PURCHASE NECESSARY TO ENTER OR WIN

Please read these Official Rules carefully before entering the Lume Cannabis Co. Winter Fest 2024 Sweepstakes (“Sweepstakes”). By entering the Sweepstakes, you agree that you have read, and are bound by the terms and conditions set forth below as if you had signed a written contract. If you do not agree to the terms and conditions set forth below, you may not enter the Sweepstakes.

The Sponsor may modify the terms and conditions of these Official Rules as described below, and you agree to familiarize yourself with such modifications by reviewing, from time to time, the “Official Rules” posted at https://www.lume.com/terms/ (the “Website”).

  1. Void Where Prohibited or Restricted by Law: All federal, state, and local laws and regulations apply to the Sweepstakes. The Sweepstakes is void in any state or local jurisdiction where it is prohibited or restricted by law or regulation.
  2. No Purchase Necessary, No Cost to Eligible Entrants: There is no cost to any Eligible Entrant (as defined herein) to participate in the Sweepstakes or to win a Prize.
  3. Sponsor: The Sweepstakes is sponsored by Lume Cannabis Co., 769 Chicago Road, Troy MI 48083 (the “Sponsor”). No other company is responsible for this Sweepstakes or the award of the Prize(s).
  4. Eligibility: The Sweepstakes is open only to legal residents of the United States residing in the state of Michigan, who are eligible to purchase marijuana products under Michigan law (i.e., at least 18 years old as of the date they enter the Sweepstakes with a valid medical marijuana card or at least 21 years old with a valid governmental ID card to confirm age), and submit a qualifying entry as provided for in these Official Rules between 9:00am on January 19, 2024 and 10:00pm on January 21, 2024 (“Sweepstakes Period”). Persons who meet all the foregoing criteria are eligible to participate in the Sweepstakes and to win a Prize and are referred to herein as “Eligible Entrants.” Only Eligible Entrants may participate in the Sweepstakes. Any entry by a person not deemed to be eligible, or not submitted in strict compliance with these Official Rules shall be considered void and the entrant, whether eligible or not, shall be disqualified. Employees, officers, directors, attorneys, and agents of the Sponsor and its affiliates, subsidiaries, distributors, and advertising and promotion agencies, Sponsor-authorized parties associated with the design, administration and/or fulfilment of the Sweepstakes (collectively, “Sweepstakes Entities”), and members of the immediate families of such persons (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related are not eligible to enter the Sweepstakes.
  5. Sweepstakes Description/How to Enter: No purchase is necessary to enter or win the Sweepstakes. Eligible Entrants may enter by (1) making a purchase of $80 at a Lume retail location and opting into the loyalty program and/or (2) sending a 3”x5” white index card with the entrant’s name, address, phone number, and email address on it, along with a self-addressed, stamped envelope, to “Lume Cannabis Co., 861 N. Pontiac Trail, Walled Lake MI 48390 ATTN: Winter Fest 2024 Sweepstakes.“ Qualifying purchases made by Gold Tier members of the Lume Cannabis Club receive 2 additional entries. Qualifying purchases made by Platinum Tier members receive 3 additional entries. There is no limit to the number of index cards that may be submitted in this manner, but each must be sent separately. Sponsor will send a ticket to each mail-in entrant using the self-addressed stamped envelopes. Sponsor is not responsible for tickets not being received by entrants in time for the prize drawing due to the timing by which they were received.
  6. Winner Selection by Random Drawing/Prizes/Conditions/Odds of Winning: A random drawing from all Eligible Entries received during the Sweepstakes Period will be conducted at the conclusion of the Sweepstakes Period.
  7. The Prizes. Up to 76 Prizes will be awarded – 2 per Lume location. The Prize is (1) $200 Lume Gift Card for each winner.
  8. Manner of Selecting Prize Winners: Prize Winners will be chosen by a random drawing of all qualifying transactions at each of Lume’s 38 retail locations during the week of January 22, 2024. Winners will be contacted via phone number included in their customer profile by January 26, 2024.
  1. Prize Winner Responsible for All Associated Costs: Each Prize Winner is responsible for all costs associated with accepting the Prize, including taxes, government surcharges, fees or expenses. Additionally, the Prize Winner is responsible for any other related costs or expenses related to the use of the Prize.
  2. Claiming Prize: Prizes may only be claimed as follows:
  3. by the Prize Winner;
  4. in person at a Lume retail location in Michigan;
  5. following demonstration of eligibility; and
  6. after confirming in writing the Prize Winner’s agreement with these Official Rules.
  7. No Substitution of Prize. If the Prize is not claimed by the Prize Winner within 7 days of being notified, it will be forfeited and the Sponsor may, in the Sponsor’ sole discretion, award the Prize to another randomly selected Eligible Entrant. Prizes will not be awarded to any person, whether eligible or not, outside of Michigan or in any jurisdiction where this Sweepstakes is restricted or prohibited by law or regulation. Sponsor will not permit substitution, transfer or payment of a cash equivalent for a Prize except that the Sponsor, in their sole discretion, may substitute a Prize with a Prize of equal or greater value, as a result of the unavailability of the Prize or any component thereof, or for any other reason.
  8. Odds of Winning: The odds of winning a Prize depend on the total number of eligible Sweepstakes entries received during the Sweepstakes Period. Subject to limitations in these Official Rules, the Prize(s) will be awarded.
  9. Publicity Release: Except where prohibited by law, a Prize Winner’s entry and/or acceptance of a Prize constitutes permission of the Prize Winner for Sweepstakes Entities to use, without notice or further compensation, worldwide and in perpetuity, in any and all forms of media, now known or hereafter devised, such Winner’s name, likeness, pictures, photographs, voice, biographical information, and statements for purposes of advertising, trade, promotion, and publicity, including on social media.
  10. General Conditions of Participation in This Sweepstakes: The Sweepstakes and these Official Rules are subject to modification, cancellation, or limitation at the Sponsor’s discretion, with or without notice. The Sweepstakes is subject to these Official Rules and all federal, state, and local laws and regulations (collectively, “Rules and Laws”). If Sponsor determines that any Rules and Laws prohibit the Sweepstakes as currently organized, Sponsor may cancel or modify the Sweepstakes as it sees fit in order to comply with any applicable Rules and Laws. If for any reasons, the Sponsor finds that the Sweepstakes has become corrupted by entrants, fraud, technical failures, or any other causes, which corruption in the Sponsor’ sole opinion, affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, or the granting of a Prize or any component thereof, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend the Sweepstakes or any portion thereof to conduct the drawing and award the Prizes from all eligible, salvageable Sweepstakes Entries received (if any), prior to and/or after (as appropriate) the action taken by Sponsor or otherwise in a manner that his fair and equitable as determined by Sponsor. In the event that Sponsor determines that there are insufficient eligible entrants, Sponsor reserves the right, in its sole discretion, to not award any or all Prizes.
  11. Limitation of Liability: No liability or responsibility is assumed by Sponsor resulting from user’s participation or attempt to participate in the Sweepstakes. Sponsor is not responsible for any errors in these Official Rules, the Sweepstakes materials, or the announcement of a Prize Winner. AS A CONDITION OF PARTICIPATION IN THE SWEEPSTAKES, ALL ENTRANTS, ELIGIBLE OR OTHERWISE, AGREE: A) TO FULLY AND COMPLETELY RELEASE SPONSOR, AND ITS AFFILIATED COMPANIES AND OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS (INCLUDING OUTSIDE ATTORNEYS) FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE INCURRED WITH RESPECT TO PARTICIPATION IN THIS SWEEPSTAKES AND/OR THE AWARDING, RECEIPT, POSSESSION, AND/OR USE OR MISUSE OF A PRIZE; B) THAT UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ANY PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES; AND C) THAT ALL CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED SHALL BE RESOLVED WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
  12. Interpretation of Official Rules. The Sweepstakes, these Official Rules, and any cause of action arising from the Sweepstakes (whether in contract or in tort), shall be governed by, and construed in accordance with the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules.
  13. ARBITRATION; WAIVER OF INJUNCTIVE RELIEF; GOVERNING LAW: BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY, OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN OR NEAR TROY, MICHIGAN, AS DETERMINED BY SPONSOR, BEFORE A SINGLE ARBITRATOR UTILIZING THE RULES AND PROCESSES OF THE AMERICAN ARBITRATION ASSOCIATION. EACH PARTY SHALL BEAR HIS/HER OWN LEGAL EXPENSES IN SUCH ARBITRATION.
  14. Rules/Winner Information: The identity of the Prize Winner(s) and/or a copy of these Official Rules may be obtained by any Michigan resident by sending a self-addressed, stamped envelope to the Sponsor at: “Lume Cannabis Co., 769 Chicago Road, Troy MI 48083 ATTN: Winter Fest 2024 Sweepstakes”
  15. Collection of Information. Respecting your privacy is a priority for us. The information you provide to us upon successfully entering into the Sweepstakes is processed in our computer system in the United States. By entering and participating in the Sweepstakes, residents of the United States consent to receive information sent to you by the Sponsor. However, you will be given the opportunity to opt out of emails from the Sponsor. Your information will not be shared with third parties. Any individual participant in this Sweepstakes agrees to be bound by these Official Rules and by Sponsor’s Privacy Policy, which is available at https://www.lume.com/privacy.
  16. Release of Instagram. You must not inaccurately tag Sponsor-related content on Instagram. By entering the Sweepstakes, you completely release Instagram from all liability related to the Sweepstakes. You further acknowledge that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.

Date of last revision: August 29, 2023