Sweet Rewards Terms & Conditions

Last Updated: August 4, 2021

BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE SWEET REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS" or “TERMS AND CONDITIONS”). YOU MAY NOT PARTICIPATE IN THE SWEET REWARDS PROGRAM UNLESS YOU UNDERSTAND AND AGREE TO THESE TERMS.

1. Membership & Eligibility

The Sweet Rewards Program (the “Sweet Rewards Program” or the “Program” and the rules governing the Program, including these Terms, the “Program Rules”) is a free rewards program offered by Baked by Melissa, LLC, a New York limited liability company ("Baked by Melissa"), to its customers. Upon registration in the Program, qualified customers may earn Sweet Rewards points (“Points”) which may be redeemed for discounts, products, merchandise or other offers as determined by Baked by Melissa. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual (“Sweet Rewards Account”). Employees, officers, directors, agents and representatives of Baked by Melissa and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be eighteen (18) years of age or older and a legal resident of the United States or Canada to be eligible for Membership and participation in the Sweet Rewards Program. The Sweet Rewards Program is not targeted towards or intended for use by anyone under the age of eighteen (18). Sweet Rewards is for individual personal consumer use only and may not be utilized by, or on the behalf of, businesses, commercial enterprises and third parties, including group purchases. Sweet Rewards may not be used by Baked by Melissa Business Gifting Services customers and other corporate accounts, nor for the purpose of resale, profit, business or commercial purposes. You may not transfer or assign your Membership, or the Sweet Rewards benefits. NO PURCHASE IS NECESSARY TO HAVE A MEMBERSHIP. These Terms do not alter the terms or conditions of any other agreement you may have with Baked by Melissa for products, services, or other programs.

2. Earning and Redeeming Program Sweet Rewards

There are three status tiers of Membership in the Program: Taste Tester, Cupcake Pro and Superstar. All members Sweet Rewards Program (“Sweet Rewards Members”) are automatically Taste Tester upon enrollment. Achieving Cupcake Pro or Superstar status requires a minimum spend per year, as explained below.

Under the Program, for every U.S. dollar spent (as applicable based on country of purchase) on Baked by Melissa product online at www.bakedbymelissa.com, or on the phone with the Baked by Melissa Customer Happiness Team, you will receive 1 Sweet Rewards Point as an Taste Tester, 1.5 Sweet Rewards Points with Cupcake Pro status, or 2 Sweet Rewards Points with Superstar status when you provide or check out with the email address that is registered to your Sweet Rewards Account. Points are applied when the order is processed. We also offer Points for the following events:

100 Points on your birthday if you have your birthday saved to your Sweet Rewards Account
100 Points when you move from Taste Tester to Cupcake Pro status
200 Points when you move from Cupcake Pro to Superstar status.
10 Points when you click to follow @bakedbymelissa on Instagram when you’re signed into your Sweet Rewards Account
10 Points when you sign up for the newsletter with the email address that is registered to your Sweet Rewards Account
25 Points when you refer a friend and they spend $30 or more on product in one transaction
We also offer bonus Points events from time to time

You must log in to your Sweet Rewards registered e-mail address on www.bakedbymelissa.com or provide your Sweet Rewards registered e-mail address to the Customer Happiness Team over the phone prior to placing your order to have any Points credited to your Sweet Rewards Account.

Any reference to "product" or the value of "product" in these Terms for purposes of collecting Points includes all Baked by Melissa products sold online, or over the phone with our Customer Happiness Team. It does not include group gifting, Corporate Business Orders, taxes, shipping fees, or delivery fees.

You can view your current Point balance, as well as any Point activity in your Sweet Rewards Account. To view your Sweet Rewards balance online, simply log in to your online account at www.bakedbymelissa.com using your Sweet Rewards registered e-mail. Your Sweet Rewards page is your destination for everything Sweet Rewards related including to view year-to-day activity or current Points balance.

Points may be redeemed for Sweet Rewards to be determined by Baked by Melissa in its sole discretion. Sweet Rewards are typically percent discounts, products, or free standard shipping fees. Sweet Rewards Members are eligible to redeem Points for a Sweet Reward from their Sweet Rewards Account if they have enough Points in their Sweet Rewards Account for that specific Sweet Reward and are currently at or above the corresponding Sweet Rewards status level necessary to redeem Points for that specific Sweet Reward. Sweet Rewards can only be redeemed online at www.bakedbymelissa.com or by phone with our Customer Happiness Team.

Points have no cash value and can only be redeemed for Sweet Rewards. Baked by Melissa may, in its discretion, allow Points to be redeemable for other items of merchandise or offers from time to time. However, Points are never redeemable for cash, for another product (unless expressly permitted by Baked by Melissa), for gift cards or for e-gift cards.

3. The Sweet Rewards Redemption Offers

Baked by Melissa may offer Sweet Rewards through the Sweet Rewards page in exchange for a certain number of accrued Points ranging from 50 Points to 1,000 Points from time to time and at its sole discretion. When logged into your Sweet Rewards Account, you can click to redeem Sweet Rewards by visiting www.bakedbymelissa.com/sweet-rewards. At this time, Sweet Rewards are not redeemable in-store.

The Sweet Rewards offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Sweet Reward are limited and client must have a Sweet Rewards Account on www.bakedbymelissa.com in order to redeem Sweet Rewards offers. Sweet Rewards Members may only redeem one of each Sweet Reward per transaction, can only redeem the Sweet Rewards available in their current status or below. Due to inventory limitations, certain promotions may be restricted to one redemption per customer. You must have the sufficient number of Sweet Rewards Points available at time of redemption. Points will be deducted at time of redemption.

Sweet Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for Points, cash, another product, gift card or e-gift cards. Baked by Melissa is not responsible for lost, stolen or damaged Sweet Rewards. Baked by Melissa is not responsible for any taxes incurred by clients or guests. Sweet Rewards can only be redeemed online at www.bakedbymelissa.com or over the phone with our Customer Happiness Team. Some Sweet Rewards are only available to registered Sweet Rewards Members in or above a certain Sweet Rewards status. Sweet Rewards are subject to change, alteration, substitution, or termination by Baked by Melissa in its sole discretion at any time. See specific Sweet Reward offers for any additional terms and conditions.

Sweet Rewards are available with Point redemption on a first-come first-served basis while supplies last and substitutions by Baked by Melissa may occur. Sweet Rewards Point redemptions may be limited to specific products, items, merchandise or SKUs in Baked by Melissa’s sole discretion. Quantities of each Sweet Reward are limited. You are not required to redeem a Sweet Reward during checkout. Due to the limited nature of the Sweet Rewards, we regret that we are unable to re-ship Sweet Rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Sweet Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Baked by Melissa Customer Happiness via email at [email protected]. Otherwise, Sweet Rewards may not be returned or exchanged.

4. Cupcake Pro Status

Cupcake Pro status is conferred on those registered Sweet Rewards Members who spend a minimum of $50 on product online, or over the phone with Baked by Melissa’s Customer Happiness Team during one calendar year (January 1st - December 31st).

Cupcake Pro status is good for the calendar year in which Sweet Rewards Member qualifies and the following full calendar year; after that, annual requalification is required. Baked by Melissa may, in its sole discretion, alter, limit, or modify the Cupcake Pro tier rules, regulations, benefits, eligibility for Membership, or any other feature of the Cupcake Pro tier or may terminate the Cupcake Pro tier at any time in its sole discretion, without prior notice.

As part of the tier benefits, Sweet Rewards Members that reach Cupcake Pro status receive 1.5 Sweet Rewards Points for every U.S. dollar spent (as applicable based on country of purchase) on product and have access to additional Sweet Rewards such as larger percent discount codes and free 25-pack and 50-pack gift boxes (limited quantities, while supplies last).

5. Superstar Status

Superstar status is conferred on those registered Sweet Rewards Members who spend a minimum of $300 on product online, or over the phone with Baked by Melissa’s Customer Happiness Team during one calendar year (January 1st - December 31st). Superstar status is good for the calendar year in which the Sweet Rewards Member qualifies and the following full calendar year; after that, annual requalification is required. Baked by Melissa may, in its sole discretion, alter, limit, or modify the Superstar tier rules, regulations, benefits, eligibility for Membership, or any other feature of the Superstar tier or may terminate the Superstar tier at any time in its sole discretion, without prior notice.

As part of the program benefits, Sweet Rewards Members that reach Superstar status receive 2 Sweet Rewards Points for every U.S. dollar spent (as applicable based on country of purchase) on product and have access to additional Sweet Rewards such as the dollar value of a free pre-configured 25-pack of cupcakes and the dollar value of a free pre-configured 25-pack of cupcakes and free standard shipping (limited quantities, while supplies last).

6. New Tier Celebration Gift

Sweet Rewards Members who make purchases that qualify them for a new Sweet Rewards status will receive Points upon status change. For Sweet Rewards Members that qualify to move from Taste Tester to Cupcake Pro they will be automatically credited 100 Points and will be moved to Cupcake Pro status. For Sweet Rewards Members that qualify to move from Cupcake Pro to Superstar they will be automatically credited 200 Points and will be moved to Superstar status.

Offer is non-transferable. Substitutions may occur. Offer subject to change, alteration, or termination by Baked by Melissa in its sole discretion at any time.

7. Superstar “Free 25-Pack”

Sweet Rewards Members who reach Superstar status and have the eligible amount of Sweet Rewards Points are able to redeem Points for the dollar value of a free pre-configured 25-pack of classic cupcakes ($30 value). This $30 coupon can be applied to any purchase.

Offer is non-transferable. Substitutions may occur. Offer subject to change, alteration, or termination by Baked by Melissa in its sole discretion at any time.

8. Superstar “Free 25-Pack + Free Standard Shipping”

Sweet Rewards Members who reach Superstar status and have the eligible amount of Sweet Rewards Points are able to redeem Points for the dollar value of a free pre-configured 25-pack of classic cupcakes ($45.95 value). This $45.95 coupon can be applied to any purchase where the shipping method is Standard Shipping.

Offer is non-transferable. Substitutions may occur. Offer subject to change, alteration, or termination by Baked by Melissa in its sole discretion at any time.

9. Sweet Rewards Birthday Gifts

Sweet Rewards Members who have their birthday saved to their registered Sweet Rewards Account on www.bakedbymelissa.com will receive 100 Points automatically on the “birthday” date saved in their Sweet Rewards Account. Sweet Rewards Members who enter their birthday within 1 day of the current date may receive a reward 30 to 365 days from when they entered their birthday.

Substitutions may occur. Valid while supplies last. The Birthday Gift offer is subject to change, alteration, or termination by Baked by Melissa at its sole discretion at any time.

10. Order Cancellation

When an order that was purchased using your Sweet Rewards Account is canceled, the Points earned from that purchase will be removed from your Sweet Rewards Account and your method of payment will be refunded. It is possible your Sweet Rewards Account could have a negative balance after an order is cancelled.

11. Point Expiration

It's our hope that you redeem your Points on a regular basis. While your Points will not expire, you must continue to meet the criteria of the Sweet Rewards tier status in order to be eligible to redeem select Sweet Rewards. If you have questions regarding the date of your last Point activity or your last purchase, you may email Customer Happiness at [email protected] for more information.

12. Agreeing to Baked by Melissa’s Privacy Policy & Email

Baked by Melissa values your privacy. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY BAKED BY MELISSA’S PRIVACY POLICY AND TERMS OF USE. Please see Baked by Melissa's Privacy Policy and Terms of Use at www.bakedbymelissa.com, which are incorporated into these Terms, to understand how Baked by Melissa collects, uses, and discloses information about customers (including through the Sweet Rewards Program), and how to update or change your personal information or how we communicate with you.

Any information obtained about you by Baked by Melissa through your application for the Program or your use of your Membership will be used only to administer the Program, for internal analysis and to help Baked by Melissa communicate with you by email or direct mail (unless you have unsubscribed from email or direct mail from Baked by Melissa).

13. Communications with Baked by Melissa

By submitting an application for Membership in the Sweet Rewards Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Baked by Melissa. By signing up to join the Sweet Rewards Program, you will automatically be subscribed to receive Sweet Rewards Program emails. All Sweet Rewards Member notifications, transactional communications, confirmations and updates will be sent to you via the email address which you provided to us at the time of enrollment or thereafter. From time-to-time Baked by Melissa may wish to inform you of additional promotions and services which may, or may not be, associated with the Sweet Rewards Program. By registering as Sweet Rewards Member, you grant your permission and consent to, receiving emails and other communications from Baked by Melissa at the email and postal addresses which you have provided to us at the time of your enrollment. Please read the Baked by Melissa Privacy Policy at bakedbymelissa.com/privacy-policy-cookie-restriction-mode/, which is incorporated into these Terms, to understand how Baked by Melissa collects, uses, and discloses information about customers, including through Sweet Rewards, and how to update or change your personal information and how we communicate with you.

14. Changes, Termination and/or Removal from the Program

Without notice to you, Baked by Melissa may, in its sole discretion, alter, limit, or modify the Sweet Rewards Program Rules, regulations, benefits, eligibility for Membership, or any other feature of the Sweet Rewards Program (including assigning any of its obligations to customers under the Sweet Program at any time to another person or entity, without recourse) or may terminate the Sweet Rewards Program any time at its sole discretion, by posting any such changes on the Baked by Melissa website.

YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

Without notice to you, Baked by Melissa, in its sole but reasonable discretion, reserves the right to (i) exclude individuals from the Program, (ii) terminate Sweet Rewards Member’s Membership, (iii) remove Points from a Sweet Rewards Member’s Sweet Rewards Account, or (iv) close a Sweet Rewards Member’s Account. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by Baked by Melissa), failure to follow any terms of the Sweet Rewards Program, any misrepresentation or any conduct detrimental to the interests of Baked by Melissa not otherwise protected by law may subject Sweet Rewards Members to Membership revocation or deduction of Points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the Sweet Rewards Member. If your Membership is revoked or otherwise cancelled, any Points in your Sweet Rewards Account will automatically expire. Baked by Melissa reserves the right to make changes to its website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

Baked by Melissa reserves right to make the final determination of the Points, Rewards and other perks earned by you in its sole discretion. Baked by Melissa also reserves the right, within its sole discretion, to refuse to accept and process any and all customer orders and suspend, discontinue, and refuse the utilization of any of the Membership benefits of the Sweet Rewards Program to anyone in the event of advertising or marketing errors and/or the actual or suspected misuse, fraud and abuse associated with the Sweet Rewards Program or any and all other offers, promotions and discounts which may be offered from time-to-time by Baked by Melissa, subject to applicable law.

15. Changes to these Terms and Conditions

Subject to applicable law, without notice to you, Baked by Melissa reserves the right to make any changes, modifications, additions or deletions to the Sweet Rewards Program, these Terms and Conditions, or the Baked by Melissa Terms of Use and Privacy Policy.

16. Opting Out of Communications with Baked by Melissa

If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at bakedbymelissa.com by emailing Customer Happiness at [email protected].

17. Baked by Melissa Referral Program

Baked by Melissa offers Sweet Rewards Members the ability to earn Points toward future purchases on bakedbymelissa.com when they invite friends to place an order with a product value of $30 or more. Sweet Rewards Members can send an invite via email, Facebook share, Tweet, or SMS message from bakedbymelissa.com/sweet-rewards. The invite recipient must then click on the link included on their invite and make a purchase with a product value of $30 or more. Once the friend places the order for a product value of $30 or more, the Sweet Rewards Member will receive a confirmation email and Points will be automatically added to their Sweet Rewards Account.

Referral Credits will appear in your Sweet Rewards Account approximately 24 hours after one of your qualifying invitees makes his or her qualifying purchase and that purchase is shipped. Referral Credits earned via bakedbymelissa.com may only be used on bakedbymelissa.com.

The referral credit program is void where prohibited by law. Baked by Melissa reserves the right to modify or terminate the referral credit program at any time, in our discretion and without prior notice, including changing expiration periods or Referral Credit values for existing or future Referral Credits or replacing such Referral Credits with such other promotional rewards as we determine from time to time. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your Sweet Rewards Account may not accurately reflect the Referral Credits you have actually earned. Baked by Melissa will have no liability for any errors displayed in your Sweet Rewards Account.

18. Limitation of Liability

BAKED BY MELISSA’S MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE TRANSACTION GIVING RISE TO THE CLAIM. FURTHERMORE, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES SHALL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS' FEES, AND YOU FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

19. Copyright

Unless otherwise noted, the graphic images, buttons and text contained on this website, in the Sweet Rewards Program, or in promotional or marketing materials, advertisements or communications are the exclusive property of Baked by Melissa, LLC or its subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior express written permission of Baked by Melissa LLC.

20. Trademarks

This website and the Sweet Rewards marketing materials, promotional materials and advertisements feature logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the property of, or are licensed to Baked by Melissa and its subsidiaries or its licensors or content providers. All of these Marks are the property of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this website or in any Sweet Rewards Program marketing materials, promotional materials or advertisements without the express written permission of Baked by Melissa or any third party that may own a Mark. Baked by Melissa reserves all rights not expressly granted in and to the site and its content or in and to any marketing, promotional or advertising materials or communications. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

21. Interpretation

These Terms and all Program Rules are subject to interpretation by Baked by Melissa. Headings used in these Terms are for convenience purposes only and shall not be used in interpreting these Terms.

22. Governing Law; Jurisdiction

Any disputes in connection with the Program or its rules shall be construed in accordance with the internal laws of the State of New York without regards to its conflicts of law principles. AS A CONDITION OF PARTICIPATING IN THE PROGRAM, YOU AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A NEW YORK STATE OR UNITED STATES OF AMERICA COURT LOCATED IN NEW YORK COUNTY, STATE OF NEW YORK HAVING JURISDICTION AND YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION SUCH COURTS.

23. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

24. Additional Information on the Program

If you have any questions regarding the Program, you may email Customer Happiness at [email protected].