Buzz Club™ Rewards Membership Agreement

Big Lots® Buzz Club™ Rewards Membership Agreement
Introduction

The Buzz Club™ Rewards program (“Program”) is open only to individual United States residents who are 18 or older. The Program is operated by Big Lots Stores, Inc. and its affiliated companies (collectively referred to as “Big Lots,” “we,” “us” or “our”). The Program is not open to individuals who are employed by us. Companies, associations, or other groups may not participate in the Program. Visit any of our participating retail stores to register for the Program.

The Membership Agreement governs your participation in the Program. By registering for the Program, you indicate your unconditional agreement to the terms set forth in the Membership Agreement and the terms set forth in our User Agreement (available at www.biglots.com/useragreement/) and Privacy Policy (available at www.biglots.com/privacy/), both of which are incorporated into the Membership Agreement. Please read each of these documents carefully before registering for the Program.

Qualifying Purchases

After you have registered for the Program, you will be eligible to begin earning “Qualifying Purchases.” In order for a purchase to constitute a Qualifying Purchase, it must meet each of the following requirements: (a) the purchase must be made at a participating Big Lots retail store; (b) the purchase must be for goods that total $20.00 or more (excluding the items discussed in the next sentence); and (c) you must present to us your Program card at the time of purchase (i.e., before the purchase is completed) (or you may choose to provide us with information sufficient for us to associate the purchase with your Program account, as discussed in the next paragraph). Notwithstanding the foregoing, the following amounts will not count towards Qualifying Purchases: (a) purchases of gift cards; (b) purchases of alcohol; (c) purchases of calling cards; (d) purchases made online; (e) price hold payments and purchases; (f) purchases made on the same day during which you made a Qualifying Purchase; (g) non-purchases such as rentals and charitable donations; (h) sales taxes and other fees; and (i) purchases made outside of the then-current Accumulation Period (as defined below).

You must present your Program card (or corresponding key fob, if we elect to make one available) at the time you make a purchase and, if your purchase meets all of the other requirements of a Qualifying Purchase, we will credit 1 Qualifying Purchase to your Program account. If you do not present your Program card when you make a purchase, you may choose to provide us your name, email address and/or telephone number so that we may attempt to lookup your Program account and associate the purchase with your Program account. By registering for the Program, you agree to provide us accurate personal information about yourself (including first name, last name, e-mail address and zip code); however, when making purchases from us, you understand that you are not required to provide us personal information about yourself and if you choose to do so (e.g., for Program account lookup purposes) it is at your sole discretion and not in response to any request or requirement by us.

If, at the time of you make a purchase, a Qualifying Purchase is not credited to your account for any reason, the purchase will not be eligible to become a Qualifying Purchase. You are responsible for ensuring the accuracy of your Program account. To view the status of your Program account, visit www.biglots.com/rewards/ (“Website”).

You may only make 1 Qualifying Purchase per day. Any subsequent purchases on the same day will not count as a Qualifying Purchase, regardless of whether they meet the other criteria set forth in the Membership Agreement. A purchase can result in no more than 1 Qualifying Purchase, regardless of the total amount of the transaction. If you return any item in a Qualifying Purchase such that the value of the purchase (taking into account the exclusions discussed above) drops below $20.00, that purchase will no longer be eligible to be a Qualifying Purchase and that Qualifying Purchase will be removed from your Program account.

We reserve the right to require proof of any Qualifying Purchase, including, but not limited to, an original sales register receipt. Qualifying Purchases that are determined to be invalid for any reason are subject to disqualification and will be removed from your Program account.

Accumulation Period

The “Accumulation Period” is the period of time during which you must make the required number of Qualifying Purchases to receive the Discount (as defined in the Discount section below). In no event will any Accumulation Period last for longer than 1 year, and all Qualifying Purchases older than 1 year automatically expire.

(a)	First Accumulation Period: Your first Accumulation Period begins on the day you make your first Qualifying Purchase after becoming a Program member.
	(1)	If you make 10 Qualifying Purchases before the first anniversary of your first Qualifying Purchase, your first Accumulation Period ends on the day you make your tenth Qualifying Purchase (and a new Accumulation Period begins as described in paragraph (b)(1) below).
	(2)	If you fail to make 10 Qualifying Purchases before the first anniversary of your first Qualifying Purchase, your first Accumulation Period ends on the day prior to the first anniversary of your first Qualifying Purchase (and a new Accumulation Period begins as described in paragraph (b)(2) below)
(b)	Subsequent Accumulation Periods:
	(1)	If your prior Accumulation Period ended after making 10 Qualifying Purchases during the prior Accumulation Period, your next Accumulation Period:
		(i)	begins on the day you make your first Qualifying Purchase after the prior Accumulation Period ends (i.e., for your second Accumulation Period, this would be the day you make your eleventh Qualifying Purchase after becoming a Program member), and
		(ii)	ends in the same manner as described in either paragraph (a)(1) or paragraph (a)(2) above, as applicable.
	(2)		If your prior Accumulation Period ended with you having made nine or fewer Qualifying Purchases during the prior Accumulation Period, your next Accumulation Period:
		(i)	begins on the day of the oldest Qualifying Purchase made during the prior Accumulation Period, provided that a Qualifying Purchase that is 1 year or older from any date of determination shall not begin (or otherwise be included in) the then-current Accumulation Period, and
		(ii)	ends in the same manner as described in either paragraph (a)(1) or paragraph (a)(2) above, as applicable.

The following are examples only:

If Customer A joins the Program and makes her first Qualifying Purchase on September 1, 2009 and her tenth Qualifying Purchase on May 31, 2010, then her first Accumulation Period is from September 1, 2009 through May 31, 2010. If she makes her next Qualifying Purchase on June 15, 2010, her second Accumulation Period begins on that day and will continue until the earlier of June 14, 2011 or the day on which she makes the tenth Qualifying Purchase during her second Accumulation Period.

If Customer B joins the Program and makes his first Qualifying Purchase on January 1, 2010, makes his second Qualifying Purchase on January 15, 2010, and makes only 7 more Qualifying Purchases (for a total of nine Qualifying Purchases) through December 31, 2010, then his first Accumulation Period is from January 1, 2010 through December 31, 2010. If he makes a Qualifying Purchase on January 5, 2011 and another on January 10, 2011, then his second Accumulation Period is from January 15, 2010 through January 10, 2011. Under this example, January 10, 2011 is the day on which Customer B made his tenth Qualifying Purchase during his second Accumulation Period (i.e., the January 1, 2010 purchase is no longer a Qualifying Purchase (as it is not within the second Accumulation Period), the eight other Qualifying Purchases from 2010 beginning on January 15, 2010 remain Qualifying Purchases (as no returns were made), and two additional Qualifying Purchases were made on January 5, 2011 and January 10, 2011).

Discount

The “Discount” is a 20% discount off of your purchase at any one of our participating retail stores. If you accumulate 10 Qualifying Purchases in your Program account during an Accumulation Period, you will receive the Discount. The Discount will expire 60 days after you make the tenth Qualifying Purchase of the Accumulation Period for which you receive the Discount. Once the Discount is used or expires, the 10 Qualifying Purchases from the Accumulation Period for which you receive the Discount are forfeited by you and may not be used again.

The Discount may not be used on: (a) the day on which you make the tenth Qualifying Purchase of the Accumulation Period for which you receive the Discount; (b) any day during which Program members have the opportunity to use other discounts or coupons (e.g., days on which we accept Buzz Club™ discounts or Friends and Family coupons); or (c) other days determined by us in our sole and absolute discretion. We have no obligation to provide you notice of any such day(s). The existence of any such day(s) during the term of the Discount shall not toll or otherwise modify the term of the Discount.

The Discount may be used only at our participating retail stores and may be used only by you. You must present your Program card (or you may choose to provide the other information acceptable when you do not have your Program card with you when you make a purchase) in order to use the Discount, and we may refuse to honor the Discount if you do not do so. The Discount cannot be used with any other discounts, coupons or offers and cannot be applied to price hold transactions, previous purchases, gift card purchases, calling card purchases, alcohol purchases, online purchases or rentals. Your use of the Discount may be subject to additional terms and conditions.

If a Qualifying Purchase is removed from your Program account as a result of you returning a previously purchased item or for any other reason, you may no longer have 10 Qualifying Purchases. If you do not have 10 Qualifying Purchases in your Program account from the Accumulation Period to which the discount relates, you may not use the Discount (in which case, you may begin a new Accumulation Period).

Modifications and Termination

We reserve the right to modify any of the terms and conditions set forth herein — including, but not limited to, what constitutes a Qualifying Purchase, the requirements for earning Qualifying Purchases, and the requirements for earning and using the Discount — at any time, with or without notice, even though these changes may adversely affect your ability to accrue Qualifying Purchases or use the Discount.

We reserve the right to terminate the Program at any time, for any reason, even though termination may adversely affect your ability to accrue Qualifying Purchases or use the Discount. You will have the lesser of the then-remaining term of the Discount or 30 days from the date Program termination is announced to use any unexpired Discount you earned during the term of the Program.

Your continued participation in the Program (including each time you use of the Program card or key fob or access the Website), constitutes your acceptance of the Membership Agreement and all changes made to the Membership Agreement. You are responsible for remaining knowledgeable as to any changes that we may make to the Membership Agreement. The most current version of the Membership Agreement will be available on the Website and will supersede all previous versions of the Membership Agreement.

General Terms and Conditions

We reserve the right to discontinue the participation privileges of any person who engages in any fraudulent activity or uses the Program in a manner inconsistent with the Membership Agreement or any federal or state laws, regulations or ordinances. Discontinued participation privileges may result in the loss of all accumulated Qualifying Purchases, Discounts and other benefits. In addition to discontinuance of participation privileges, we shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as we deem necessary in our sole discretion.

The Program is provided to individuals only. It is fraudulent for any individual or company to direct, encourage or allow individuals to use a single Program account for the purpose of accumulating Qualifying Purchases or Discounts for combined use.

Qualifying Purchases, Discounts and Program cards do not constitute property of any individual and may be revoked by us at any time. Membership, Qualifying Purchases, Discounts and Program cards may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law. The Program card is our property and it may be cancelled or repossessed by us at any time. The Program card is not redeemable for cash.

We are not responsible for purchases not credited to your Program account as Qualifying Purchases or the failure to make a Discount available. We will not issue an accounting of any purchases.

If you do not make a Qualifying Purchase during any consecutive 24 month period, your membership in the Program and Program account will be terminated and we will not be obligated to provide you with the Discount after the termination date. If you re-enroll in the Program or create a separate membership, you may not transfer any Qualifying Purchases to your new Program account.

All questions or disputes regarding eligibility for the Program, earning or redemption of Qualifying Purchases, earning or use of Discounts, interpretation of the Membership Agreement, or a participant’s compliance with the Membership Agreement will be resolved by us in our sole and absolute discretion.