PLEASE READ CAREFULLY. By registering to participate in the EAT FOR FREE™ program (the "Program") and clicking "I Agree" on the registration page, you acknowledge that you have reviewed these Terms and Conditions and agree to the following rules governing the Program.

1. Overview of the EAT FOR FREE™ Program
   1. The Program is a loyalty and reward points program sponsored by Schwan's Home Service, Inc. (hereinafter "we", "our", or "us") through which qualified individuals can earn and receive reward points through qualifying online personal purchases and qualifying online purchases made by friends, family and acquaintances referred to Schwan's Home Service. You will earn and receive reward points with the choice to redeem or store reward points for later use. You can track, review and redeem reward points through the My Reward section on www.schwans.com. "You" or "your" means the individual who enrolled in the EAT FOR FREE™ Program and is obligated on the Program account in accordance with these Terms and Conditions.
2. General Membership Details and Information
   1. The EAT FOR FREE™ Program and its benefits are offered at the sole discretion of Schwan's Home Service, Inc.
   2. Participation in the Program is subject to the Terms and Conditions, rules, regulations, policies and procedures ("Program Rules") that Schwan's Home Service may, in its sole discretion, adopt from time to time.
   3. Schwan's Home Service has the sole discretion to interpret and apply the Program Rules.
   4. Schwan's Home Service has the right, without limitation, to change, limit, modify, amend, or cancel the Program, Program Rules, reward points, reward levels, participation requirements, etc. at any time, with or without notice, even though such changes may affect the value of points already accumulated. This may include, among other things:
      1. Increase or decrease the number of reward points awarded for purchases;
      2. Limit or modify the Schwan’s® products available for redemption of reward points;
      3. Modify the methods by which Members can collect reward points;
      4. Increase or decrease purchase requirements necessary for points to be awarded;
      5. Increase or decrease the duration of the collection and/or redemption period; or
      6. Modify the number of reward points associated with the purchase of eligible products.
   5. Schwan's Home Service is the final authority for membership, reward issuance, and reward adjustment determinations. We reserve the right to restrict, suspend, and/or correct errors or omission. We reserve the right to approve, deny or revoke membership in the program to any individual for any reason whatsoever.
   6. Schwan's Home Service has the right, in its sole discretion, to end the EAT FOR FREE™ Program at any time.
   7. You are responsible for remaining knowledgeable as to any changes Schwan's Home Service may make to the Program, Program Rules, or to these Terms and Conditions. The most current version of these Terms and Conditions will be available at www.schwans.com/rewards and will supersede all previous versions of these Terms and Conditions.
3. Conditions for Membership Eligibility
   1. Employees (and their household members) of Schwan's Home Service and its related subsidiaries, parent, and affiliates are ineligible to participate in the Program.
   2. Only individuals 18 years of age or older are eligible to participate in the Program and each individual may maintain only one account.
   3. No groups, associations, group stops, distributors, or corporations may enroll in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating reward points for combined use.
   4. Limit one account per household.
   5. In order to be a "Member", you must be a registered customer of Schwan's Home Service. In addition, you must accept and agree to these Terms and Conditions by clicking "I Agree" on the registration page.
   6. To enroll in the Program, simply click on the "Register" button and follow the onscreen instructions. There is no fee for enrolling or participating in the Program.
   7. Membership in the Program will be renewed automatically each year, so long as your Member account is open and not in violation as defined in the Terms and Conditions Agreement. Currently, membership in the reward program is free, but may become subject to a yearly program fee, which is subject to change at any time.
   8. We reserve the right to terminate your membership in the Program at any time based on violations of the Program Rules, Terms and Conditions, fraud or appearance of fraud, or violation of any federal, state, or local law or regulation in connection with the Program privileges. If your membership in the Program is terminated, you will forfeit your reward points immediately.
4. Ability to Earn and Redeem Reward Points
   1. You must be a "Qualified" Member as described in these Terms and Conditions in order to earn and redeem reward points. We reserve the right to prohibit you from earning or redeeming reward points and to cause you to forfeit any potential earned reward points during any particular month in which you are not a Qualified Member.
   2. A "Qualified Member" is a Member who has:
      1. Placed online and received a minimum single order at www.schwans.com, each month, of at least $50.00 in Schwan’s® products; and
      2. Referred at least five (5) friends, family members, associates, or acquaintances to Schwan's Home Service where at least one of the referrals makes an online purchase. See the Referral section below for further details on satisfying this requirement.
   3. Qualified Members can earn, receive and redeem reward points only during the months that they are Qualified.
   4. If, during any given month, you fail to place a minimum order of $50.00 online, your membership account will be placed in an "inactive" status.
   5. You may re-activate your Membership status by placing a minimum single order of $50.00 online and the following month you will be re-activated.
5. Referrals
   1. As noted in the previous section, you are required to submit at a minimum of five (5) names and email addresses of friends, family and acquaintances to Schwan's Home Service who might be interested in Schwan's® products and services.
   2. In order to satisfy this minimum requirement, the referrals can only be made to persons with whom you have an existing relationship.
   3. Each referral will receive an email notifying them about the Program and Schwan’s® products and services. With regards to these emails, Schwan's Home Service will record basic email information and time stamp for reconciliation purposes. Referral information will only be gathered if the referral enrolls.
   4. Referrals to the following will not be counted towards the minimum requirement and emails will not be sent: (i) the referral is already a registered Schwan's Home Service customer; (ii) the referral has been referred to Schwan's Home Service within the past 14 days by someone else; (iii) the referral has previously opted out of the EAT FOR FREE™ Program; (iv) the referral has previously been removed from the Program.
   5. Referrals will be given a special ‘new customer' offer.
6. Duration of the Program
   1. The current phase of the Program begins July 1, 2009 at 12:01 a.m. Eastern Standard Time (EST).
   2. You can earn reward points as a result of online purchases over $50.00 by those individuals you refer to Schwan's Home Service. The portion of the Program for earning referral reward points is scheduled to continue in perpetuity.
   3. You may also earn additional reward points through qualified online personal purchases. See Earning Reward Points for more details regarding this portion of the Program. This portion of the Program is currently scheduled to expire on December 31, 2009.
   4. Schwan's Home Service reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its sole discretion, at any time without prior notice.
   5. Although reward points may be collected beginning 12:01 am Eastern Standard Time on July 1, 2009, you will not be able to redeem reward points until after September 1, 2009.
7. Earning Reward Points
   1. Reward points can be earned in two different ways.
      1. You may earn reward points as a result of online purchases of Schwan’s® products by those individuals that were referred to Schwan's Home Service by you. You will earn 5 referral reward points through online referral purchases over $50.00.
      2. You may also earn reward points as result of your own online purchases over $50.00 (in a single transaction) of Schwan’s® products.
         1. Purchase $50.00 - $74.99 online and receive 2.5 reward points;
         2. Purchase $75.00 - $99.99 online and receive 5 reward points;
         3. Purchase $100.00 - $124.99 online and receive 10 reward points; or
         4. Purchase $125.00 or more online and receive 15 reward points.
   2. Periodically there may be promotional offers for the Program, which provide the opportunity to earn additional reward points as defined by the terms of the promotion.
   3. Reward points are based on net purchase amounts during calendar months, available toward future purchases made by Qualified Members.
   4. You can only earn, receive and redeem reward points during the months that you are a Qualified Member.
   5. Reward accrual will begin upon your enrollment date in the Program. ("Enrollment Date" is the day on which you are approved as a Program Member.) Retroactive reward points will not be awarded for reward points earned prior to the Enrollment Date
   6. Reward points will not be received until after the qualification process is complete.
   7. Reward points should be received within (2) two weeks after the completion of the qualification process.
   8. Reward points are void if not obtained in accordance with these Terms and Conditions and through legitimate channels.
   9. There is NO limit to the number of people you can refer; and there is NO limit to the number of reward points you can earn.
   10. Your activity, referrals and reward points will be recorded and tracked in "My Reward" section on www.schwans.com.
   11. You are responsible for ensuring the accuracy of your account and encouraged to check your account on a regular basis.
   12. If you believe that reward points were not properly earned, accrued or redeemed to/from your account, you must timely notify Schwan's Home Service.
   13. Failure to notify Schwan's Home Service within 14 days of improper reward point allocation could result in the loss of such reward points, subject to the discretion of Schwan's Home Service.
   14. You are responsible for determining, recording and paying all federal, state, and local taxes related to reward redemption. It is important that you keep records of all reward points. We will not provide any tax information to you. You should consult with your tax advisors for tax guidelines specific to your needs. Any and all tax liabilities arising from the Program are your sole responsibility.
8. Redeeming Reward Points
   1. Reward points will be received on a transactional basis and will be redeemed for food on a first-earned, first-redeemed basis.
   2. Reward points may not be redeemed in the same calendar month that they were earned. Reward points earned during any particular month are not available for redemption until the following calendar month and then only if they have been posted in the My Rewards section on www.schwans.com.
   3. You can only earn, receive and redeem reward points during the months that you are a Qualified Member.
   4. Reward points earned on your account may only be redeemed through online purchases of Schwan’s® products. You can redeem and apply reward points only in connection with purchases greater than $50.00 in a single transaction and only online www.schwans.com. During the checkout process, eligible reward points can be redeemed by applying them to your purchase balance.
   5. All reward redemption for products are final. All other redemption issues are governed by the Terms and Conditions of Schwan's Home Service and this loyalty Program.
   6. Noncompliance with reward limitations set forth in these Terms and Conditions and Program Rules is a violation and may result in your removal from the Program.
   7. If your account has been inactive for a period of 365 days or more, any referral or personal reward points that have been stored and remain in your account will be forfeited without compensation.
   8. Reward points have no cash value and are only redeemable for offered Schwan’s® products via the Program at the value rate determined by Schwan's Home Service.
   9. You may redeem reward points in the manner set forth above until the end of the redemption period unless extended or modified by the Program.
9. Restrictions Relating to Reward Points
   1. Reward points will expire on a first-earned, first-expired basis 12 months from the month in which they were earned.
   2. Reward points earned may be transferable to a designated charitable co-partner that we may announce from time to time giving you the opportunity to donate your points to such charitable cause. Otherwise, reward points are not transferable.
   3. Reward points are not refundable; replaceable; or transferable for cash, credit, or other reward points under any circumstances. Reward points have no cash value and can only be used as redeemable payment to Schwan's Home Service for Schwan’s® products through the expiration date as permitted by law and only through www.schwans.com.
   4. There is no maximum number of reward points that you can accumulate in the EAT FOR FREE™ Program.
   5. You may not combine reward points with other members' accounts.
   6. If there is any abuse of the Program, failure to follow Program Rules, or any misrepresentation by you, all unredeemed reward points shall be forfeited, no additional reward points shall accumulate, and you will be removed from the Program.
   7. Neither we nor any participating merchants are responsible for replacing used or misused reward points.
   8. Redeemed reward points earned in the Program may not be re-sold or exchanged for other goods or services.
   9. All reward points are subject to availability and qualification of earning.
   10. Reward points will be deemed to have been surrendered at redemption and no other offers will be honored.
10. Expiration and Termination of Reward Points
    1. Reward points will expire on a first-earned, first-expired basis 12 months from the month in which they were earned.
    2. If your Schwan’s® customer account is closed for any reason, your membership in the EAT FOR FREE™ Program will be terminated and the total balance of your accumulated reward points earnings will be forfeited.
    3. You will also forfeit any unredeemed reward points if you cancel your EAT FOR FREE™ Member account or if the Program is terminated.
    4. Any attempt to combine or sell reward points will result in your removal from the Program and forfeiture of all reward points in participating member accounts
    5. Any fraud or abuse related to the accrual or redemption of reward points will result in forfeiture of accrued reward points as well as cancellation of membership in the Program.
    6. If your reward points are forfeited for any reason, we will not reinstate previous reward points to your Member account.
    7. We reserve the right to take any other or additional action we deem appropriate in our sole discretion in the event that we believe (in our sole discretion) that a Member (or Members) have violated any of the Program Rules or uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state or local laws, statures or ordinances.
    8. Discontinued participation privileges may result in the loss of all accumulated reward points. In addition to discontinuance of participation privileges, we have the right to take appropriate administrative and/or legal action, including criminal prosecution, as we deem necessary in our sole discretion.
    9. Reward points do not constitute property of a Member and may be revoked at any time by us as set forth herein.
11. General Terms and Conditions
    1. This Program is void where prohibited by law.
    2. Neither Schwan's Home Service nor its related subsidiaries, parent, or affiliates are responsible for delayed or lost communications sent by any form or delivery including but not limited to mail, email, web or phone.
    3. Any disputes concerning reward points will not affect your payment obligation to us on your member account.
    4. An administrative service for the EAT FOR FREE™ Program is provided on our behalf by contracted technology partners. These are independent contractors and are not affiliated with us. None of the independent contractor partners shall be liable for any bodily harm and/or property damage and/or lost opportunity, which may result from participating in the Program or for the provision of goods or services by merchants or providers.
    5. The rights and obligations of Schwan's Home Service under this reward points Program may be transferred or assigned by us to any other related or unrelated entity at any time, and performance thereafter shall be the responsibility of that entity.
    6. Schwan's Homes Service, its subsidiaries, affiliates, vendors and service providers make no claims, warranties, guarantees or representations of any kind expressed or implied with respect to rewards and shall not be liable for any loss, expense (including without limitation, attorneys or inconvenience) that may occur in the use of the EAT FOR FREE™ Program.
    7. To learn how the personal information collected in connection with the Program may be used, you should read the Privacy Policy is available at www.schwans.com.
    8. We are not responsible for any incorrect or inaccurate information supplied by you while participating in the Program.
12. Limitation of Liability and Dispute Resolution
    1. We are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by you or any Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, we and our respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies (hereinafter collectively referred to as "Releasees") involved in the development and execution of the Program or the production or distribution of Program materials shall have no liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL EAT FOR FREE™ PROGRAM DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE IMPROPERLY DENY ANY MEMBER ANY REWARD POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARD POINTS. BY PARTICIPATING IN THE PROGRAM, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
    2. Schwan's Home Service, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by any current, future or past reward points partners. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SCHWAN'S HOME SERVICE AND ALL PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARD POINTS PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long any implied warranty lasts, so the foregoing limitation may not apply to you. You agree to rely solely on the manufacturers warranties, if any, for any products redeemed through this Program.
    3. Any and all disputes, claims, and causes of action arising out of or connected with this Program, or on reward points obtained through the Program, shall be resolved individually, without resort to an form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Marshall, Minnesota.
    4. Any and all claims, judgments and reward points shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event shall attorney's fees be recoverable from us.
    5. Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and you waive any and all rights to have damages multiplied or otherwise increased.
    6. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations in connection with this Program, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota or any other jurisdiction) other than the State of Minnesota.
    7. These Terms and Conditions constitute the entire agreement between all Program Members and Schwan's Home Service pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, and negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof the program (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
    8. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
13. Additional Information
    1. You may refer to the online information, Terms and Conditions, or FAQ document for additional information or you may call 1-888-SCHWANS (724-9267) for more information on reward options, availability, and redemption process.