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Terms and Conditions for Shop Your Way® Pharmacy Rewards Program

Effective Date: March 15, 2015

These Supplemental Terms and Conditions (the "Supplemental Terms") apply to the Shop Your Way Pharmacy Rewards Program (the "Pharmacy Rewards Program") offered by Kmart Corporation ("Kmart"), which is an affiliate of the Company. The Pharmacy Rewards Program is offered to eligible Shop Your Way Members who are not covered by a federal healthcare program and is subject to (and incorporated into) the Membership Terms for the Shop Your Way Program (the "Membership Terms"). The Pharmacy Rewards Program is a “Prescription Program” within the meaning of the Membership Terms. These Supplemental Terms are subject to periodic changes that Kmart or Company may make in their sole discretion. Unless otherwise specified herein, all changes to these Supplemental Terms apply to all Members, including Members who enrolled in the Pharmacy Rewards Program before the date the changes take effect. By using www.KmartPharmacy.com/Rewards (the "Pharmacy Rewards Site"), participating in the Pharmacy Rewards Program or accepting any Pharmacy Rewards Program benefits or offers, you agree to the Membership Terms and these Supplemental Terms, which may be updated from time to time and are available for review at www.shopyourway.com/terms. Unless otherwise defined herein, capitalized terms shall have the meaning set forth in the Membership Terms.

YOU AGREE AS FOLLOWS:

  1. Privacy Notices. The Pharmacy Rewards Program is subject to the Notice of Privacy Practices, found at www.KmartPharmacy.com.
  2. Eligibility. Anyone is eligible to participate in the Pharmacy Rewards Program except individuals who participate in Medicare Part B, Medicare Part D, Medicaid, Tricare or any other federal healthcare program. Participation may also be limited by the law of the state in which a prescription is filled, as discussed below.
  3. Participation. There is no fee to join and participate in the Pharmacy Rewards Program. To participate in the Pharmacy Rewards Program, you must be a Shop Your Way Member, and you must enroll in the Pharmacy Rewards Program at a Kmart Pharmacy or via the Pharmacy Rewards Site. Eligible Members who choose to participate in the Pharmacy Rewards Program are referred to herein as "Pharmacy Rewards Members." By participating in the Pharmacy Rewards Program, you agree to receive promotional and other information from the Pharmacy Rewards Program by email. If you no longer wish to participate in the Pharmacy Rewards Program or receive promotional emails from the Pharmacy Rewards Program, you may opt-out of the Pharmacy Rewards Program through the Pharmacy Rewards Site, by following the directions in the promotional emails you receive or by calling 1-800-991-8708. By opting out, you will forfeit any progress you have made toward earning your next reward and other benefits under the Pharmacy Rewards Program. Should you choose to opt-in at a later date, you will be starting over as a new Pharmacy Rewards Member.
  4. Qualifying Prescriptions and Excluded Prescriptions." Qualifying Prescriptions" means qualifying purchases of prescriptions from participating Kmart Pharmacies (including their participating websites), but does not include Excluded Prescriptions. "Excluded Prescriptions" means prescriptions filled at Kmart Pharmacies (and their participating websites) that are: (A) prescriptions paid for in whole or in part by state or federal healthcare programs, such as, by way of example, Medicare Part D, Medicare Advantage, Medicare Part B, Medicaid, or TRICARE; (B) prescriptions filled by Kmart Pharmacies located in AR, MA, NJ, NY, Guam and Virgin Islands; (C) prescriptions for controlled substances filled by Kmart Pharmacies located in LA; or (D) any other prescriptions which Company, from time to time in its sole discretion, may elect or be required to exclude based on any applicable laws or regulations or for any other reason.
  5. Earning Points. Pharmacy Rewards Members will earn $10.00 in Points (10,000 Points) for every five (5) Qualifying Prescriptions purchased within a rolling twelve (12) month period. Once earned, these Points will be available for use on the next purchase at a participating Program Store after a Pharmacy Rewards Member has received them, typically within twenty-four (24) hours from the purchase of the 5th Qualifying Prescription. Points earned through the Pharmacy Rewards Program are valid for two (2) weeks once received.
  6. Other Rights. In addition to all rights set forth in the Membership Terms, Company and Kmart may change the Pharmacy Rewards Program and these Supplemental Terms at any time and in any manner without notice, including but not limited to (i) changing the amounts and rate at which Points are under earned under the Pharmacy Rewards Program, (ii) changing the Pharmacy Rewards Program’s structure, including, without limitation, the number of Qualifying Prescriptions necessary to earn Points and the time period during which Qualifying Prescriptions must be purchased to earn Points, (iii) removing or changing Points, including the rate at which Points are earned, (iv) changing the Redemption Value of Points, (v) raising or lowering Point levels, (vi) revising the procedures and rules for earning or redeeming Points, (vii) changing when Points expire, (viii) associating, combining, integrating, linking, or merging the Pharmacy Rewards Program with other programs, (ix) associating, combining, integrating, linking, or merging other programs with the Pharmacy Rewards Program, and (x) changing the list of participating Kmart Pharmacy locations and formats. In addition, Company and Kmart may cancel the Program at any time without notice. Company and Kmart may make these changes even if these changes affect your ability to earn Points or use Points already accumulated. You are responsible for remaining knowledgeable about these Supplemental Terms. Your continued participation in the Pharmacy Rewards Program constitutes your acceptance of any changes to these Supplemental Terms.

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