H-E-B Product Tester Program Terms and Conditions
Effective July 1, 2023

Welcome

Welcome to the Official H-E-B Product Tester Program sponsored by H E B, LP (“H E B” or “we”). Thank you for joining this voluntary Program in which you will be testing products for H E B. These Terms and Conditions (as may be revised from time to time by H E B) constitute the entire agreement between you and H-E-B with respect to your participation in the Program. These Terms and Conditions describe the way you participate in the Program and earn entries for drawings for Promotional Items. To get the most out of the Program, please read this document and make sure that you understand the Program and its Terms and Conditions.

By enrolling in the Program, completing Tests, or receiving Promotional Items, you agree that you have read and understand these Terms and Conditions and you agree to be bound by them. These Terms and Conditions are effective July 1, 2023, and may be modified at any time at the sole discretion of H-E-B. To find the current Terms and Conditions at any time, please visit hebtester.com.

Membership in the Program, and all benefits, Points, and Promotional Items available in connection with the Program, are offered at the sole discretion of H E B.

Definitions

Here are some terms used in this document, to help you understand it better:

• We refer to the Official H-E-B Product Tester Program as the “Program”.
• Partners who have enrolled in the Program are “Members” or “you”.
• “Tests” are tests of H-E-B products. Tests may require on-site or remote evaluations of products, the completion of one or more surveys, and/or participation in an in-person or remote focus group.
• Members who complete certain Tests will receive “Points”, as described more clearly below.
• Points represent entries into “Monthly Drawings.” The winners of each Monthly Drawing receive a gift we call a “Promotional Item.”
• Some Tests are ineligible for Points and Monthly Drawings. Members who complete Tests ineligible for Points will receive “Other Benefits” in the form of hourly pay or for time spent completing Tests, as described below.
• A product Test completed on-site at H-E-B corporate headquarters (in the Arsenal or other local surrounding buildings), an H E B store, or Manufacturing, Warehouse & Transportation (“MWT”) locations is called an “In-Person Test”.
• A product Test completed in the Member’s home is called an “In-Home Usage Test.”
• A product is retrieved by Members from their Product Pickup Zone is called a “Contactless Test”.
• A “Testing Period” is the period during which a Test must be completed, which may be stated in hours or calendar days in the invitation to complete a Test.

1. Description of the Program

Eligibility

To become a Member, you must be (a) a current H-E-B Partner in good standing, and (b) your primary work location must be (i) the Arsenal or its other, local surrounding corporate headquarters buildings (“Arsenal”); (ii) store SA#26, SA#36, or SA#41; or (iii) an MWT location. Members on work-from-home arrangements approved by their managers or supervisors (on “Work-from-Home Status”) are eligible for the Program if their primary work location qualifies as described above. Partners whose primary work location is Cypress, Blossom, Fredericksburg Road, or other support buildings not located at the Arsenal, or Partners whose primary work location is a store other than those listed above, are not eligible to participate in the Program at this time.

To register for the Program, go to hebtester.com and follow the enrollment instructions. You must (a) create a username and password that can be used to access your personal, web-based membership account, and (b) complete a survey regarding products you typically use or consume. You must complete the online enrollment process in full to become a Member.

In the web-based account, Members will find information related to available surveys, messages, Points tracking, and scheduling for product Tests. The web address to sign up and log into the Membership Program account is hebtester.com.

If you have a heb.com email account, please enter it in the registration process as your email address to receive information about upcoming Tests. If you do not have a heb.com email account, you may use a personal email account.

There are no fees or payments required to join the Program and become a Member. Joining the Program is voluntary.

Earning Points

Points will be earned as Members complete product Tests, including In-Person Tests, Contactless Tests, and In-Home Usage Tests.

At the start of any product Test, Members will log into their account to access the product Test survey or click on the customized URL link for a product Test sent by the Program administrator. The Program product Test survey or administering personnel will log the completion of the Test once the Member completes a Test.

Points do not have cash value and cannot be redeemed for cash. Points cannot be sold, transferred, exchanged, traded, assigned, or bartered. Points are not transferable by death; may not be bequeathed or devised by inheritance; may not be transferred as the result of a divorce or other domestic relationship matter; and may not be otherwise transferred by operation of law. We may cancel any Points that you attempt to transfer in violation of these Terms and Conditions. All Points issued or recorded on your account under the Program remain the sole property of H-E-B.

Points that do not win a Monthly Drawing remain eligible for any remaining drawings in the 2023 Program period. Any accumulated Points expire on the date of the Monthly Drawing for December 2023.

Earning Other Benefits

Non-exempt (hourly compensation) Partners performing Contactless Tests or In-Person Tests, or on Work-from-Home Status. Non-exempt Members performing Contactless Tests or In-Person Tests will earn Points and will not be eligible for Other Benefits. Non-exempt Members on Work-from-Home Status will earn Points and will not be eligible for Other Benefits.

Non-exempt (hourly compensation) Partners performing In-Home Usage Tests. Non-exempt Members (other than those on Work-from-Home Status) will be paid at their typical hourly rate for actual time spent completing the In-Home Usage Test, which time will be included on the Member’s paycheck for the pay period in which the time is spent and will be deemed to be the last time worked by the Member on the last day of the applicable pay period. No Points will be awarded for such Tests. If you qualify for a Test, you will be informed of the estimated time to complete the In-Home Usage Test. You will report time spent on the Test during the pay period in the survey response for the Test. If you begin a Test during a pay period but do not complete the survey response during the same pay period, you must contact the Program administration team at hebtester@heb.com no later than the last day of the pay period to report the time spent in that pay period. Members may be asked to confirm this agreement and time spent with respect to a specific Test.

Exempt Partners performing Tests. Exempt Members performing Contactless Tests, In-Person Tests, or In-Home Usage Tests will earn Points and will not be eligible for Other Benefits.

How to Complete Tests

All tested products will be supplied by H-E-B. The number of Points awarded for a Test is within H E B’s sole discretion and will generally depend on the type of Test completed and the expected time it takes to complete a product Test.

Members will be informed prior to the start of a Test how long the Test is expected to take and the Testing Period for the Test. The Member will also be informed of the number of Points to be awarded for completion if the Member and Test are Points-eligible. A typical Contactless Test or In-Person Test will take less than ten (10) minutes to complete and result in the award of one (1) Point.

Members must fill out any required survey and/or participate in any required focus group in its entirety in order to receive Points. Points will not be awarded for incomplete surveys or focus group sessions.

When to Complete Tests

All Members must conclude their participation in a Test by the end of the Testing Period for that Test, as specified in the invitation or survey materials for the Test. Unless otherwise specified, participation in a Test after the end of the Testing Period may not result in the award of Points or Other Benefits.

Non-exempt (hourly compensation) Partners performing Contactless Tests or In-Person Tests or on Work-from-Home Status. Members should complete all surveys and Tests during paid break times. If you are informed a Test will take more time in a single day than your available break time in that day, you can complete the Test during paid break time over multiple days. You may be directed in certain instances to complete a Test over multiple days or to refrain from completing Tests on certain work days, and if you voluntarily choose to complete a Test, you agree to follow such directions. Non-exempt Members will remain on the clock during Contactless Tests or In-Person Tests and surveys, but all Members are expected to manage their time appropriately and avoid interfering with their ordinary duties and responsibilities. By registering to participate in the voluntary Program, non-exempt Members understand and agree that completing a screener survey or Test will forego the use of paid break time, in part or in whole, to complete the survey or Test. Members agree to use paid break time to complete Tests and acknowledge they will not receive additional paid time to take nonworking breaks, nor will they be paid additional compensation for completing Tests during paid break time. Members may be asked to confirm this agreement with respect to a specific Test.

Non-exempt (hourly compensation) Partners performing In-Home Usage Tests. Non-exempt Members (other than those on Work-from-Home Status) will conduct Home Usage Tests at home, outside their normal working hours. If you begin a Test but do not complete the survey response(s) in full, you may be paid for time spent completing a part of the Test. To be paid, you must contact the Program administration team at hebtester@heb.com no later than the last day of the Testing Period to report the time spent completing a part of the Test.

Exempt Partners performing Contactless Tests or In-Person Tests. Members will complete tests during normal business hours. Members are expected to manage their time appropriately and avoid interfering with their ordinary duties and responsibilities.

Exempt Partners performing In-Home Usage Tests. Exempt Members will conduct In-Home Usage Tests at home, outside their normal working hours.

Monthly Drawings for Promotional Items

Promotional Items will be issued through Monthly Drawings. Each Point earned by a Member between July 1, 2023 and December 31, 2023 will equal one (1) drawing entry. Members can earn an unlimited number of entries during each month and during the Program. Limit one (1) Promotional Item per Member per month, but a Member who wins a Monthly Drawing remains eligible to earn Points and win Promotional Items in any remaining drawings.

The Monthly Drawing for each calendar month (July to December 2023) will take place on or about the third business day of the following calendar month (August 2023 to January 2024), in San Antonio, Texas. On the date of the Monthly Drawing, five (5) entries will be selected from among all Points received during the Program period, and the five (5) Members drawn will each receive a Promotional Item. The odds of winning a Monthly Drawing depend on the number of eligible entries (Points) received by the end of the applicable month.

Each Promotional Item will have a retail value of twenty to forty dollars ($20.00 - $40.00). Promotional Items, colors, styles, and sizes may vary, and are based on stock availability at the H E B warehouse at the time of each Monthly Drawing. Promotional Items are subject to change at the sole discretion of the Program administrator.

Promotional Items will be delivered the month following each drawing. For example, if you win a Monthly Drawing for the month of July, your Promotional Item will be delivered no later than August 31. Promotional Items will be delivered to the Member’s Product Pickup Zone, except at the sole discretion of the Program administrator.

Signing Up for Product Tests

Members will receive notifications via email when a new product Test is being offered. Members must click on the URL link provided. Participation in a Test may be limited by time, by number of participants, or in other ways. Each Member is limited to taking three (3) Tests in any given week. A Member is not eligible to take a Test unless the Member signs up while the Test is still available.

Members will receive notifications of Tests to sign up for based on the type of product they consume and/or use. Not every Member will be contacted for every test.

Members may be asked to take a screener survey to determine if they qualify for a product test. The Member will receive no Points or Other Benefits for these screener surveys. Members who qualify should obtain their supervisors’ approval before signing up for a Test and schedule their Test time appropriately in light of their ordinary duties and responsibilities.

Members who sign up for a Test but fail to complete the Test and survey may be removed from the Program at the sole discretion of the Program administrator.

H E B reserves the right, in the sole discretion of the Program administrator, to allow Members to temporarily or permanently suspend the receipt of Test invitations and screener surveys. If such suspensions are permitted, such suspensions will be subject to the terms and conditions of the invitation to suspend.

Contact

You may contact the Program administration team by sending an email to hebtester@heb.com.

2. Disclaimers

THE PROGRAM IS PROVIDED ON THE EXPRESS CONDITION THAT NEITHER H-E-B NOR ANY H-E-B OFFICER, EMPLOYEE OR DIRECTOR HAS ANY RESPONSIBILITY OR LIABILITY OF ANY NATURE FOR ANY EXPENSE, LOSS, INJURY OR OTHER CLAIM OR DAMAGE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE PROGRAM.

THE PROGRAM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND H-E-B EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE PROGRAM, THE TESTS, OR ANY TESTED PRODUCT.

THIS PROGRAM IS VOLUNTARY. NO PARTNER IS REQUIRED TO PARTICIPATE AS A CONDITION OF EMPLOYMENT.

3. Limitation of Liability

A COVERED PARTY (DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY EXPENSE, LOSS, INJURY OR OTHER CLAIM OR DAMAGE INCURRED, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE (INCLUDING UNDER CONTRACT OR BY TORT LAW), IN CONNECTION WITH: (I) THE PROGRAM; (ii) THE AWARDING OF POINTS OR THE CONDUCT OF MONTHLY DRAWINGS; (iii) ANY ACT, OMISSION, OR DELAY BY H-E-B IN ADMINISTERING THE PROGRAM, EXERCISING ANY DISCRETION PERMITTED HEREUNDER, OR AMENDING THESE TERMS AND CONDITIONS; (iv) THE USE OF OR INABILITY TO USE THE H-E-B SITE OR SERVICE CENTER; (v) THE RECEIPT, USE, OR MISUSE OF ANY TESTED PRODUCT, GOODS, OR SERVICES; (vi) ANY DISEASE OR INJURY ASSOCIATED WITH THE USE OR INGESTION OF A PRODUCT, INCLUDING (WITHOUT LIMITATION) ALLERGIC REACTIONS; (vii) ANY INJURY ASSOCIATED WITH THE USE OR INGESTION OF SUBSTANCES/ITEMS OTHER THAN A TESTED PRODUCT IN CONNECTION WITH A PRODUCT TEST, INCLUDING (WITHOUT LIMITATION) FOREIGN SUBSTANCES OR ITEMS OWNED BY A MEMBER AND USED WHILE TESTING A PRODUCT; (viii) THE PURCHASE OF ANY GOODS OR SERVICES BASED ON A TEST, A TEST RESULT, OR A RECOMMENDATION RELATED TO THE PROGRAM; OR (ix) THE RECEIPT, USE OR MISUSE OF PROMOTIONAL ITEMS OR PRODUCTS. THESE EXCLUSIONS APPLY EVEN IF A COVERED PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES; IS PARTIALLY OR WHOLLY NEGLIGENT IN CONTRIBUTING TO THE DAMAGES, CLAIMS, OR LOSSES; AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, ANY FUNDAMENTAL BREACH OR ANY BREACH OF A FUNDAMENTAL TERM. "COVERED PARTY” MEANS H E B, LP, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR OR ASSIGN OF ANY OF THEM. IN ANY EVENT, ANY LIABILITY WE MAY HAVE TO YOU FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE UNDER ANY CIRCUMSTANCES, IS LIMITED TO RECORDING TO YOUR ACCOUNT THE NUMBER OF POINTS YOU EARNED IN CONNECTION WITH SUCH CIRCUMSTANCES OR AWARDING THE OTHER BENEFITS TO WHICH YOU MAY BE ENTITLED.

4. Governing Laws in Case of Dispute; Jurisdiction

These Terms and Conditions shall be governed by the laws of the State of Texas, as they apply to agreements made and solely performed therein, without regard to conflicts of laws and provisions. Disputes arising hereunder or in any way related to the Program shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Texas located in Bexar County.

5. Changes to the Program, Site and these Terms and Conditions

H-E-B may change these Terms and Conditions with or without notice. Please review the Terms and Conditions, through your online Membership account, on a regular basis for changes. Continued Membership in the Program following any change(s) to these Terms and Conditions constitutes your acceptance of such change(s).

H-E-B has the right to change, limit, modify or cancel the Program, Program rules or regulations, the Program Terms and Conditions, the Other Benefits, Promotional Items, and Points structure and levels, at any time, with or without notice, even though such changes may affect the value of Points already accumulated, the ability to use accumulated Points or the ability to obtain Promotional Items, Points, or Other Benefits.

6. Data Collection

H-E-B collects, stores, and uses data gathered through Tests made under or in connection with the Program. This information includes but is not limited to personal information that identifies you such as name, e-mail address, ethnicity, gender, age, generation status, employment status, and income segment. By participating in the Program, you consent to H-E-B’s use of information about you as set forth in these Terms and Conditions. If you do not agree with these Terms and Conditions, you may choose not to be a member of the Program.

H-E-B will not sell, trade, rent, or otherwise disclose information gathered from the Program to outside companies or marketing firms for their marketing purposes except in connection with a merger or sale of assets, in connection with loss prevention efforts, or as otherwise described in these Terms or our Privacy Policy.

7. Miscellaneous

All materials and any notices will be sent to you at to your desk or e-mail address contained in our records. If you wish to leave the Program, please inform us by emailing hebtester@heb.com.

H E B reserves the right and sole discretion to remove a Member from any individual Test or withhold Points for any reason, including but not limited to a decision to end the Test or to limit Test participation to certain persons or areas.

H E B reserves the right and sole discretion to remove a Member from the Program for any reason, including (without limitation) failure to complete Tests after signing up for a Test, failure to complete Tests timely, failure to accurately report time spent on a Test, mishandling of Test product, disclosure of confidential H E B information relating to a Test, or for any other reason.

If a Member is removed for any reason (including termination from the Program or termination of employment), any accumulated Points will be forfeited and the Member will be ineligible for Monthly Drawings or Promotional Items, even if the Monthly Drawing has occurred at the time of removal. Removal of a Member or imposition of other sanctions under the Program terms for violations of Program terms is without waiver of or limitation to any other applicable sanctions, including discipline or termination of employment.

H-E-B may, in its sole discretion, contact Members for other research projects related to H-E-B outside the scope of the Program, which may or may not result in the award of any Points or Other Benefits. Electing not to participate in other projects outside of the Program will not result in termination of Program membership.

H-E-B has the sole discretion to interpret and apply these Terms and Conditions and adjudicate other questions or disputes relating to the Program.

The award or redemption of Points, Promotional Items, or Other Benefits by H-E-B under circumstances not required by these Terms and Conditions shall not be deemed a waiver of these Terms and Conditions and shall not affect or impair any other rights available to H-E-B.

If any part, term or provision of these Terms and Conditions is declared or determined by a court of proper jurisdiction to be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining parts, terms or provisions shall not be affected and shall remain in full force and effect.

These Terms and Conditions (as revised from time to time by H-E-B) constitute the entire agreement between you and H-E-B regarding your participation in the Program, your accumulation of Points and participation in Monthly Drawings, Other Benefits, Promotional Items, and any other feature of the Program. To the maximum extent permitted by law, we exclude all conditions, representations, warranties and other terms which might otherwise be implied into or incorporated into these Terms and Conditions, whether by statute, common law or otherwise, including, but not limited to, implied warranties and terms as to merchantability, satisfactory quality, fitness for any particular purpose, and non-infringement with respect to this Program, any Tested Product, any Promotional Items, and implied warranties and terms arising from course of dealing or course of performance. H-E-B is not responsible for any statement or claim any third party may make about the Program.

8. Confidentiality

Products tested in the Program may be confidential and proprietary to H-E-B. By participating in the Program, Members agree not to disclose any information regarding any product tested to any party or person not employed by H-E-B. Members further agree to take care to preserve the confidentiality of any Test products or H E B materials provided to the Member for purposes of a Home Usage Test and not to disclose those products or materials to any person other than the Member and Partners administering the Test or the Program.

The use of social media (e.g., Facebook, Instagram, Twitter, Snapchat, or the like) to communicate in any way regarding the Member’s participation in a Program Test, the products tested, or any information regarding the products tested is strictly prohibited.

H-E-B may remove from the Program any Member that it determines (in its sole discretion) has violated or attempted to violate the confidentiality requirements of the Program.

9. If You Do Not Agree

BY PARTICIPATING IN THE PROGRAM, YOU EXPRESSLY AGREE TO THESE TERMS AND CONDITIONS. IF YOU ENROLLED IN THE PROGRAM OR ARE VIEWING THESE TERMS AND CONDITIONS ONLINE THROUGH YOU ACCOUNT AND/OR CHOOSE TO COMMUNICATE WITH US USING E-MAIL OR OTHERWISE CONDUCT TRANSACTIONS WITH US ELECTRONICALLY, THEN YOU EXPRESSLY CONSENT TO RECEIVING OR ACCESSING RECORDS RELATING TO THE PROGRAM AND/OR YOUR ACCOUNT AND/OR OTHERWISE ADMINISTERING YOUR ACCOUNT ELECTRONICALLY, AS DETERMINED BY US. YOU MAY WITHDRAW THIS CONSENT AT ANY TIME BY CONTACTING US AND REQUESTING PAPER RECORDS ONLY OR TERMINATING YOUR ACCOUNT. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE AND OF THE PROGRAM.