Bonnie Rewards Loyalty Program Terms and Conditions

Effective Date: May 19, 2025

The Bonnie Rewards loyalty program (the “Loyalty Program” or “Program”) is operated and offered by Bonnie Plants, LLC (“Company”, “we”, “our”, or “us”) to eligible customers (“you” or “your”) who make purchases on bonnieplants.com (“Website”). By enrolling in the Loyalty Program, you agree to be bound by these Terms and Conditions of the Loyalty Program (“Program Terms”). Each time you engage in Program activities: (i) the Company’s Terms and Conditions (“Company Site Terms”), apply and are incorporated herein as part of these Program Terms; and (ii) you consent to our practices set forth in our Privacy Notice. In the event of a conflict between these Program Terms, the Company Site Terms, and/or the Privacy Notice, these Program Terms shall control solely with respect to the Program.

In some instances, both these Program Terms and/or additional terms explained in an offer or promotion setting forth additional or different terms and/or conditions will apply to the Loyalty Program (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between these Program Terms and any Additional Terms, the Additional Terms will control with respect to that specific offer or promotion. 

Each time you make a purchase through the Website and/or participate in any aspect of the Loyalty Program (other than to access and read these Program Terms), you agree to be bound by and comply with the then-current Program Terms, and any applicable Additional Terms as they may be updated from time to time.

PLEASE READ THESE PROGRAM TERMS CAREFULLY. THESE PROGRAM TERMS LIMIT COMPANY’S LIABILITY (SEE SECTION 8) AND REQUIRE YOU TO WAIVE YOUR RIGHT TO A JURY TRIAL AND THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT (SEE SECTION 11). IF YOU DO NOT AGREE TO THESE PROGRAM TERMS AND/OR ANY APPLICABLE ADDITIONAL TERMS, DO NOT PARTICIPATE IN THE LOYALTY PROGRAM.

1. Eligibility. 

The Loyalty Program is open to individuals residing in the 48 contiguous United States or the District of Columbia (excludes Alaska, Hawaii, Puerto Rico, U.S. Virgin Islands, and all other U.S. territories and possessions) for personal, non-commercial use only. You must be eighteen (18) years of age or the age of majority in your jurisdiction of residence (19+ AL/NE; 21+ MS), whichever is older to participate in the Loyalty Program. If you are under the age of majority, you may participate in the Loyalty Program only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Program Terms. Eligibility is limited to individuals only. Eligibility is not available to businesses, corporations, partnerships, enterprises, Company employees, and Company independent contractors.. 

2. Enrollment; Accounts. 

To participate in and become a member (“Member”) of the Loyalty Program, you must have a Bonnie Rewards account with the Company (“Account”). By creating an Account on the Website, you will be automatically enrolled in the Loyalty Program. No purchase is necessary to create an Account. You must provide all required information to create your Account, including a valid email address. Company reserves the right to refuse enrollment in the Loyalty Program to any individual who does not meet eligibility requirements as described in Section 2. 

Your Account is personal to you and may not be sold, transferred, or assigned to or shared with family, friends, or others, or used by you for any commercial purpose. YOU MAY HAVE ONLY ONE (1) ACCOUNT PER PERSON associated with the Loyalty Program. You are responsible for any activity that occurs on your Account.  

Company reserves the right to refuse enrollment and/or suspend or terminate any Account and/or your participation in the Loyalty Program if Company determines, in its sole and absolute discretion, that the Account holder has abused its privileged, has violated or acted inconsistently with these Program Terms or applicable law, or otherwise acted in a manner harmful to our interests. Without notice to you, Company may, in its sole and absolute discretion, (a) suspend or cancel Loyalty Program Accounts that appear to be duplicative or fraudulent or (b) combine Accounts and/or transfer Points (as defined herein) between Accounts. 

3. Communications. 

(a) Marketing Communications. Company may communicate with you about marketing or other promotions via mail, email, and other channels (collectively, “Channels”), including about special offers and more. You are not obligated to receive marketing communications from us as a condition to Loyalty Program membership, and you may opt-out of receiving such marketing or promotional communications at any time. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

(b) Program Communications. In addition to the above, you acknowledge that Company may (i) communicate with you about the Loyalty Program and your Account; (ii) share your information with our trusted service providers in connection with the Loyalty Program; and (iii) share your information and data about you as set forth in our Privacy Notice. Company will also use these Channels to communicate Points (as defined below), eligibility for a benefit, and more.  

4. Qualifying Activities; Earning, Forfeiting and Redeeming Points.

(a) Qualifying Activities. Loyalty Program reward points (“Points”) can be accumulated and redeemed on an individual basis. Points are automatically tracked and earned when you (i) make a qualifying purchase on the Website (“Qualifying Purchase”) or (ii) participate in a qualifying promotional activity, or other actions or opportunities as defined by Company from time to time (together with a Qualifying Purchase, each a “Qualifying Activity”). For clarification, purchases made outside of the Website do not constitute a Qualifying Purchase or Qualifying Activity and are not eligible to earn Points. Points for any single Qualifying Activity will be credited to one (1) Account only. 

(b) Earning Points. You must be logged into your Account to earn Points. Points will be credited automatically to your Account upon completion of a Qualifying Activity.  In certain cases, it may take up to twenty-four (24) hours for Points to be visible in your Account. Company shall not be responsible for, or liable to, any Loyalty Program Member, in any way, for any losses, costs, or expenses incurred by any delay or error in crediting Points to your Account. Loyalty Program Members will receive one (1) Point for every dollar spent on a Qualifying Purchase and may potentially earn more Points based on promotional offerings. Qualifying Purchases include regular- and/or sale- priced merchandise but exclude gift cards, sales tax, state fees, discounts, shipping and delivery charges and/or other excluded charges specified by us from time-to-time. Points are only awarded based on full dollars spent; purchase prices will be rounded down to the nearest full dollar amount in order to calculate Points. For other Qualifying Activities, the number of available Points to be earned will be specified at the time that such Qualifying Activities are made available to Members. If you return an item for which you have earned Points, the Company reserves the right to deduct such Points from your Account. Please note that returning a purchased item may potentially result in a negative balance in your Account. Points have no cash value, may not be redeemed for cash, may not be sold or purchased, and are non-transferable.

(c) Points Balance. The Points that you have earned (“Points Balance”) can be viewed in your Account when logging into the Website.  It is your responsibility to monitor your Points Balance to ensure accuracy. If you feel there has been an error in the crediting (or debiting) of Points, you must contact us. 

(d) Redeeming Points. Points may be redeemed for various discount codes (each a “Discount Code”), that provide an identified discount that can be used towards a purchase on the Website.  Discount Codes may only be used one (1) time in connection with one (1) purchase. 

Points may be redeemed as soon as they are credited to your Account, and Points will be debited from your Account immediately upon redemption. Discount Codes are not redeemable for cash, are non-transferrable, nor may they be sold or purchased and are only redeemable for purchases made on the Website. Discount Codes are provided in tiers, and the Discount Code that is available to you is based on the number of Points available in your Account at the time. You must have at least enough available Points in your Account to redeem for the Discount Code in the tier. To redeem your Points for a Discount Code, you must be logged in to your Account. Any unredeemed Points will be saved in your Account and can be redeemed with future orders.

You may use the Discount Code on purchases made on the Website, provided that when you check out, the subtotal of your purchase order (after all promotions, if applicable, have been applied) is equal to or greater than the value of the Discount Code. You may redeem a maximum of 200 Points in connection with any one (1) order.  

If you redeemed your Points and used a Discount Code to purchase an item and then subsequently return that item or cancel the corresponding order, the Points used in connection with that returned order may be restored to your Account, in Company’s sole and absolute discretion. 

You may not redeem your Points and obtain a Discount Code in the same purchase or transaction in which the Points are earned. Points may only be redeemed in a separate, subsequent purchase or transaction. Discount Codes are single-use only and any attempt to redeem such Discount Codes multiple times or through multiple users constitutes fraud and may result in the termination or suspension of your Account. Determinations regarding redemption of Points are subject to Company’s sole and absolute discretion. 

(e) Active Status; Point Forfeiture. You must remain active in the Program in order to earn, redeem, and keep your Points. You will retain active status in the Loyalty Program by participating in a Qualifying Activity (“Active”). You will lose your Active status in the Loyalty Program if you do not participate in a Qualifying Activity for eighteen (18) consecutive months. All unredeemed Points will automatically expire and be forfeited if you lose your Active status in the Loyalty Program. If you have any questions regarding the date of your last Qualifying Activity, or whether your Account is Active, please view your Account by logging into the Website.

(f) Cancellation; Termination. You may opt out of the Loyalty Program at any time, for any reason by sending a message via https://bonnieplants.com/pages/contact. Upon cancellation or termination of your Loyalty Program Account, (i) all unredeemed Points will be removed from your Account, (ii) Company shall have no further obligation to you, and (iii) you will no longer receive Points for a Qualifying Activity. If you later decide you would like to re-enroll in the Loyalty Program, you must re-enroll based on the then-applicable enrollment steps, and any previously unredeemed Points will not be added to your new Account.

5. Program Service. 

We offer you the ability to participate in the Loyalty Program through the Website. The Website may offer you certain features and services that allow you to manage your Account. These features and services may include the ability to: (i) check your Points balance; (ii) redeem your Points; (iii) update your Account information; and (iv) reset your Account password. Some features of the Loyalty Program (including the Website and its supported platforms, websites or other services) (collectively, “Program Service”) may change from time-to-time and be upgraded or discontinued without notice. Use of any feature constitutes your consent to all feature functionality, including data collection and use.

6. Promotions

From time to time, we may, in our sole discretion, run promotional programs associated with the Loyalty Program (each, a “Promotion”). Such Promotions are subject to these Program Terms, as well as any Additional Terms as may be provided in connection with the Promotions. We reserve the right to modify the terms and conditions of or terminate any Promotion at any time.

7. Privacy. 

Unless otherwise indicated in these Program Terms, by registering for and/or otherwise participating in the Loyalty Program, you agree that Company will use the personal information collected about you in connection with the Loyalty Program as set forth in our Privacy Notice. 

The Loyalty Program may be considered a financial incentive under California law and a bona fide loyalty program under Colorado law. If you are a California or a Colorado resident, when you join the Loyalty Program, you are also opting in and consenting to the terms described in our California Notice of Financial Incentive or our Colorado Loyalty Program Disclosures

8. Limitation of Liability & Disclaimers.

IN NO EVENT WILL COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE PROGRAM, THESE PROGRAM TERMS, OR COMPANY’S OPERATION OF THE LOYALTY PROGRAM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE LOYALTY PROGRAM, INCLUDING THE WEBSITE, ANY LOYALTY PROGRAM-SPECIFIC WEBSITE(S) OR APPLICATION(S), STATUS, POINTS, BENEFITS, PROMOTIONS, DISCOUNT CODES AND ITEMS REDEEMED WITH POINTS, ARE PROVIDED “AS IS” WITHOUT 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Company makes no warranty that the Loyalty Program, the Website, and any Loyalty Program-specific website(s) and application(s) will be uninterrupted, timely, secure, or error free. Company is not responsible and expressly disclaims all responsibility for: any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any third party websites or content therein directly or indirectly accessed through links related to the Loyalty Program, including but not limited to any errors in or omissions therefrom, (b) the unavailability of the Loyalty Program or any portion thereof, (c) your use of the Loyalty Program, (d) your use of any equipment or software in connection with the Loyalty Program; (e) any loss or misdirection of, or delay in receiving, any enrollment application, correspondence, Points, or Points redemption requests; (f) theft or unauthorized redemption of Points; (g) any acts or omissions of third parties; or (h) any errors or omissions published in relation to the Loyalty Program, including, without limitation, any typographical errors, errors of description, and errors in the determination of Points. Company reserves the right to correct, without notice, any errors.

9. Program Termination.

Company reserves the right, in its sole discretion, to modify, suspend, or terminate the Loyalty Program and/or any part thereof, including without limitation any Points offered, at any time and for any reason, without any compensation to Loyalty Program participants. While Company will provide notice of any changes to the Program by posting updated Program Terms on the Website, Company cannot and does not guarantee that all Members will receive notification of such changes to the Loyalty Program. Company may refuse to issue Points to a Member, and/or you may forfeit all Points earned, if Company (i) suspends or terminates your Account because of conduct that Company determines, in its sole discretion, violates these Program Terms or any applicable law, involves fraud, attempted fraud, or misuse of Loyalty Program participation, or is harmful to the interests of Company or its customers; or (ii) modifies, suspends, or terminates the Loyalty Program. Company also reserves the right to deny future enrollment if Company deems your conduct to have violated these Program Terms. Company’s failure to insist upon or enforce your strict compliance with these Program Terms will not constitute a waiver of any of Company’s rights.

10. Modifications and Updates to Program Terms.

You specifically acknowledge that Company has the right to modify the Program Terms and to correct any errors in the Loyalty Program, including, without limitation, any typographical errors, errors of descriptions, and errors in the crediting or debiting of benefits.

These Program Terms shall govern the Loyalty Program as it applies to you.  As the Loyalty Program evolves, the terms and conditions under which Company offers the Loyalty Program may be modified and Company may cease offering the Loyalty Program under the Program Terms for which they were previously offered. These Program Terms may be updated or modified by Company at any time. You understand and agree that each time you use the Loyalty Program, you are entering into a new agreement with Company on the then-applicable Program Terms, and you agree that Company may notify you of new Program Terms by posting them on the Website (or in any other reasonable manner of notice which Company elects), and that your continued Loyalty Program participation after such notice constitutes your going-forward agreement to the new Program Terms. Therefore, you should review the posted Program Terms each time you visit the Website and use the Loyalty Program. Any new Program Terms will be effective as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Program Terms that applied when you previously transacted will continue to apply to such prior transactions (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. YOUR CONTINUED USE OF THE LOYALTY PROGRAM AFTER WE CHANGE THESE LOYALTY PROGRAM TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST SUSPEND USE OF YOUR MEMBERSHIP.

11. Dispute Resolution and Class Action Waiver; Governing Law.

(a) Applicability. YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES (EACH, A “DISPUTE”) BETWEEN YOU AND COMPANY,, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, AND/OR SUBSIDIARIES (COLLECTIVELY, THE “COMPANY GROUP”) ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE LOYALTY PROGRAM OR THESE PROGRAM TERMS.

(b) DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION. PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.  You and us agree to resolve any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to the Loyalty Program or otherwise arising between you and us or our affiliates and each of our and their directors, officers, employees, and contractors exclusively by binding arbitration. Further, you agree arbitration is final and binding, and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, to the fullest extent allowed by law.  This provision is intended to be interpreted broadly to encompass all disputes or claims between you and us or our affiliates and each of our and their directors, officers, employees, and contractors, including those arising out of or relating to thus Loyalty Program. Any dispute or claim made by you against us or our affiliates and each of our and their directors, officers, employees, and contractors, or vice versa arising out of or relating to this Loyalty Program (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such a court.  You must first present any claim or dispute to us by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days after presenting the claim or dispute to us. We may request arbitration against you at any time after it has notified you of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by these Conditions of Use. The place of any arbitration shall be exclusively Franklin County, Ohio, USA, and shall be conducted in the English language; provided, however, you may request that any or all proceedings within the arbitration be conducted by phone or written submission.  Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief; except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.  Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief; except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.  We will pay all administrative filing fees for any arbitration that we initiate. All other administration filing fees will be divided between you and us according to the then-current applicable rules of the American Arbitration Association. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing. We will not seek to recover attorneys’ fees from you for any claims filed in arbitration that are not frivolous.  If you do not wish to be bound by arbitration and waive your rights to participate in a class-action, you must notify us in writing by certified United States mail within thirty (30) days of the date that you first access the Loyalty Program after the effective date of these Loyalty Program Terms and include: (i) your name, (ii) your account number or user name, if any, (iii) your mailing address, (iv) name of Loyalty Program to which your request applies and (v) a statement that you do not wish to resolve disputes with us through arbitration. You must send your notice in care of ScottsMiracleGro, 14111 Scottslawn Road, Marysville, Ohio 43040, Attn: Legal Department. If you do not notify us within the time and method provided, you agree to be bound by the arbitration and class-action waiver provisions of these Loyalty Program Terms.  The requirement of arbitration does not apply to actions for injunctive or other equitable relief to protect confidential information and intellectual property rights or to prevent loss of data or damage to our Loyalty Program or servers in any court of competent jurisdiction.

(c) ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OR CLAIM ARISING OR BE FOREVER BARRED.

(d) Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Program Terms, or the rights and obligations of the parties hereunder in connection with the Loyalty Program, shall be governed by, and construed in accordance with, the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.

12. Additional Information.

ACCRUED POINTS AND DISCOUNT CODES DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS AND DISCOUNT CODES ARE CREDITS THAT COMPANY MAY REVOKE AT ANY TIME, AS SET FORTH HEREIN, AND ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER, OR OTHERWISE. Each Member is responsible for ensuring that the information in the Member’s Account is accurate and is kept current. If a Member believes that the Member’s Account does not properly reflect Points earned from engaging in any Qualifying Activities, the Member must contact Company to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Company reserves the right to seek damages from any such person to the fullest extent permitted by law. Company’s failure to enforce any of these Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual’s eligibility for the Program, the earning, crediting or use of Points, or a Member’s compliance with these Program Terms will be resolved by Company in its sole discretion.

The Loyalty Program and its content, logos, taglines, and trademarks are the intellectual property of Company; all rights reserved.

These Program Terms are void where and to the extent prohibited by applicable law. The interpretation and application of these Program Terms is in the sole discretion and determination of Company, which in each case you irrevocably agree shall be conclusive.

Collectively, the Program Terms, any applicable Additional Terms, and any terms incorporated into such by reference, constitute our complete agreement with you regarding the Loyalty Program and supersede all prior agreements, offers or representations, and can only be amended or waived by an authorized officer of Company. If any provision of these Program Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.