Terms and Conditions

Last Updated: 09/26/2018

These Terms and Conditions govern your participation in the GNC Canada Rewards program (“Program”), which is offered by General Nutrition Centers, Inc. (“GNC Canada”). By participating in the Program, you (and your parent/legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) signify that you have read, fully understand and agree to be legally bound by these Terms and Conditions (“Terms“) and to comply with all applicable laws.

IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE PROGRAM.

  1. The Program is intended to provide GNC Canada customers with access to promotional benefits and other incentives, which may include from time to time, without limitation, member discounts, special offers, coupons, access to contests and giveaways, and other benefits (“Reward(s)”). The Rewards available may change over time, and we may make information regarding current Rewards available through various means, such as posting them on our website, providing them to you through email, or providing them in-store. For information about the some of the current Rewards available, ask a GNC Canada associate.
  2. GNC Canada rewards member cards are non-transferable between customers.
  3. Must be a legal resident of Canada, 16 years or older, to participate.
  4. Members must present their key fob or telephone number at the time of purchase to earn, redeem or otherwise enjoy Rewards offers.
  5. Rewards partnership benefits or promotional offers may be subject to restrictions, limitations, and conditions. For example and without limitation, Rewards may be restricted to specified dates, may be offered only in specified locations or regions, may have limitations on the number of redemptions of such Reward per participant, may be valid only in respect of certain products or services, and may be offered to any subset of participants in our sole and absolute discretion. The restrictions, limitations, and conditions that apply to a particular Reward will be disclosed to you in association with that Reward.
  6. Rewards are valid only at GNC Canada locations in Canada, or in our sole and absolute discretion, online.
  7. When an item is purchased and you present a GNC Canada Rewards card, that item can be returned with no receipt, provided you and the item are otherwise in compliance with our specified GNC return policy guidelines, which we may update from time to time.
  8. Rewards may be delivered via multiple channels. For example, we may offer Rewards in our locations, online, or, provided you have not unsubscribed, by email or other electronic message.
  9. Rewards may be subject to redemption limitations, for example, many Rewards can only be redeemed once.
  10. Rewards may expire as disclosed with the Reward.
  11. Certain Rewards can be combined with other select offers we may choose to offer from time to time in our sole and absolute discretion. See an associate for details.
  12. Rewards cannot be used for or applied to the purchase of gift cards.
  13. No Reward is redeemable for credit or cash back- regardless of whether it is used.
  14. Members qualify for GNC Canada Rewards after registering for the Program, provided they remain in compliance with these Terms.
  15. Consent must be given to receive online exclusive GNC Canada Rewards offers.
  16. GNC Canada rewards is not applicable to purchases made on Amazon.
  17. The GNC Canada Rewards card or this Program will not be valid in the USA, and is only valid at participating GNC locations in Canada.
  18. GNC Canada Rewards membership is limited to personal consumer use and excludes Diverters, Wholesalers, or Resellers.
  19. Employees, officers, directors, agents, and representatives of GNC Canada and its affiliates are eligible for a GNC Canada Rewards Program membership but may be excluded from certain Rewards.
  20. GNC Canada reserves the right to discontinue, terminate, or modify this Program, all or any portion of these Terms or the Rewards offered, at any time without notice or liability to you or any other person. To the fullest extent permitted by applicable law, your continued participation in the Program after such modification constitutes your full acceptance of, (and that of your parents/legal guardian if you are under the age of majority where you reside), and agreement to be legally bound by, the terms of these Terms, as revised. If these Terms or your participation in the Program is terminated by us for any reason, the agreement formed by your (or, your parent’s or legal guardian’s on your behalf, if you are under the age of majority in your jurisdiction of residence) acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior participation in the Program and anything relating to or arising from such participation.
  21. When you present your GNC Canada rewards member card, GNC will keep a record of your purchases. We will use your personal information to manage and communicate with you about the Program, your account, and subject to the choices you have made, to use for special marketing programs. However, we respect your privacy and will treat your information in accordance with our privacy statement, which you may read at https://gnc.ca/. To find out more about our privacy statement, please visit gnc.ca or call 1-888-462-2548 for a copy. By participating in the Program, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) signify that you have read, fully understand and agree to our privacy statement.
  22. These Terms form a written agreement between you and GNC Canada. By registering for the Program, accepting these Terms, and entering your email address and/or phone number and/or mobile phone number, you agree to receive marketing (including email, mobile phone text messaging and/or voice messaging) information from GNC Canada, until you unsubscribe. Depending on the terms of your mobile phone calling plan, you may incur costs to receive promotional mobile phone text messages. All email, mobile phone text messaging promotions and voice messaging promotions provide you with the option of removing yourself from any such future promotions from GNC Canada.
  23. The GNC Canada Rewards membership is a privilege and not a right. The membership may be revoked at any time by GNC Canada or its agents without cause, notice or liability to you or any other person.
  24. This Program is provided on an “as is” and “as available” basis, without express or implied warranties of any kind, including, without limitation, warranties of merchantability or fitness for a particular purpose. To the fullest extent permitted under applicable law, you expressly acknowledge and agree that you assume sole responsibility and risk for your participation in the Program and the results and performance thereof. In no event and under no cause of action, including, without limitation, negligence, shall GNC Canada, our affiliates or any of our respective officers, directors, members, employees or authorized agents, vendors or service providers (collectively, the “Releasees“) be liable for any damages, claims, expenses, losses or liabilities (including without limitation, direct, compensatory, incidental, indirect, special, consequential or exemplary damages), however caused and under any theory of liability, arising from or in connection with the Program and/or these Terms, even if we are advised of the possibility of such damages, claims or losses. Without limiting the generality of the foregoing, we shall not be liable to you or any third party for: (a) your use of or inability to use the Program; (b) any messages or the content of any messages provided to you; (c) any goods, services or information purchased, received, sold or paid for in connection with the Program; (d) disputes between you and us; (e) any inaccuracy, incompleteness or misinformation contained in any information provided through the Program; (f) unauthorized access to, or alteration or loss of, your transmissions or data, or other information that is collected, stored or sent in connection with the Program; (g) errors, system down time, network or system outages, file corruption or service interruptions; or (h) any other use by you of the Program. Your sole remedy under these Terms shall be to discontinue any use of the Program. Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.
  25. By participating in the Program, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby agree to indemnify, defend and hold harmless the Releasees from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your participation in the Program.
  26. Our failure to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right.
  27. These Terms constitute the entire agreement between us with respect to your participation in this Program.
  28. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  29. For users outside the province of Quebec, these Terms, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, and any related matters. For users in the province of Quebec, these Terms, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Agreement, and any related matters.

TOR_LAW\ 9639715\4