McCoy's Building Supply Loyalty Progam Terms and Conditions
Last updated June 25, 2024
The Program is void where prohibited by law.
Agreement to Terms
These Terms and Conditions (the “Terms”) govern the McCoy’s Building Supply Customer Loyalty Program (the “Program”), which is sponsored and operated by McCoy Corporation DBA McCoy’s Building Supply (“McCoy’s”). Every eligible person who enrolls in the Program (each a “Member”) must agree at the time of enrollment that they have read, understood, and agree to be bound by these Terms. ANY PERSON WHO DOES NOT AGREE WITH ALL OF THESE TERMS IS EXPRESSLY PROHIBITED FROM ENROLLING AND/OR PARTICIPATING IN THE PROGRAM.
Modifications of Terms
McCoy’s may modify these Terms at any time and for any reason by posting an updated version of the Terms to https://www.mccoys.com/corporate/legal-notice. Any such modifications to these Terms will be effective immediately upon posting. McCoy’s will alert Members about any modifications by updating the “Last updated” date of these Terms, above, and Members waive any right to receive specific or individual notice of such modifications. It is each Member’s responsibility to periodically review these Terms to stay informed of modifications. A Member’s continued enrollment in the Program following any such modification constitutes such Member’s acceptance and agreement to be bound by the modified Terms. IF A MEMBER DOES NOT AGREE TO A MODIFICATION OF THESE TERMS, THEN THE MEMBER MUST CANCEL HIS OR HER ENROLLMENT IN THE PROGRAM BY CONTACTING MCCOY’S VIA REGULAR MAIL AT Loyalty Program, McCoy’s Building Supply, 1350 IH 35 North, PO Box 1028, San Marcos, TX 78666 OR VIA E-MAIL AT [email protected]. Cancellation is subject to the “Membership Cancellation or Termination” section of these Terms, below.
Eligibility and Enrollment
The Program is open to U.S. residents who are at least 18 years of age (and are not considered a minor in their applicable state of residence) and who have a valid email address. Enrollment in the Program is voluntary. No purchase is necessary to enroll or participate in the Program.
An eligible person may enroll in the Program by doing one of the following:
- Store Enrollment: Eligible persons may begin to enroll while present at a McCoy’s store with the assistance of a McCoy’s employee.
- Online Enrollment: Eligible persons may enroll by completing the enrollment form at https://www.mccoys.com/user/reward/signup.
- McCoy’s App Enrollment: Eligible persons may enroll by downloading the McCoy’s App from the App Store or Google Play and then completing the enrollment process in the McCoy’s App.
Each eligible person who elects to enroll in the Program must initially identify themselves as either “DIY” or “Pro”. The foregoing selection will determine the information required to enroll and the types of benefits that the Member may receive through the Program. Enrollees who identify themselves as DIY (“DIY Members”): (1) represent that they are an individual who is not professionally certified in the construction business; (2) must provide their first and last name, their preferred McCoy’s store, a valid email address that is not already in use by an enrolled Member, and a self-selected password; and (3) will be enrolled in a “DIY Membership”. Enrollees who identify themselves as Pro (“Pro Members”): (1) represent that they are professionally certified in the construction business or are purchasing products for use in their professional capacity, (2) must provide their first and last name, their preferred McCoy’s store, a valid email address that is not already in use by an enrolled Member, a self-selected password, phone number, company name, trade/business type, and business address; and (3) will be enrolled in a “Pro Membership”. DIY Memberships and Pro Memberships are collectively referred to as “Memberships”. Only one Membership is permitted per eligible person, and only one Membership may be associated with a single email address.
Any enrollee who has special or discount pricing with McCoy’s (such as a bid or /price plan), has a designated McCoy’s Customer Service Representative, or who has a credit plan with McCoy’s must enroll for a Pro Membership and is not eligible to earn points or receive Rewards. Members who obtain special or discount pricing with McCoy’s (such as a bid or price plan) after enrolling in the Program, have a designated McCoy’s Customer Service Representative assigned after enrolling in the Program, or who obtain a credit plan with McCoy’s after enrolling in the Program will no longer be eligible to earn points or receive Rewards but may receive a coupon for previously earned Rewards as further discussed in the section below entitled “Additional Terms Related to Rewards.”
If a Member enrolls in the Program and does not already have a My McCoy’s account, one will be automatically set up for that Member using the information that Member provides. McCoy’s requires that each Member have a My McCoy’s account so that McCoy’s can administer the Program as described in these Terms. However, Members are under no obligation to use McCoy’s website or the McCoy’s App to participate in the Program.
Every Member is responsible for maintaining current and correct contact information at all times. Members may update their contact information online, through the app, or by contacting McCoy’s via email at [email protected] or by calling 877-542-8986 and selecting option 3. McCoy’s is not responsible for communication errors resulting from incorrect or incomplete contact information, from lost, late, or misdirected mail delivery service, from computer or electronic malfunction, or from any other cause not under McCoy’s reasonable control.
By enrolling in the Program, each Member consents to: (1) McCoy’s collecting and using the Member’s information in connection with the Program and subject to McCoy’s Privacy Policy (found at https://www.mccoys.com/corporate/privacy-policy, as the same may be updated from time to time); and (2) receive marketing communications from McCoy’s, including offers and promotional messages. Members may unsubscribe from marketing communications associated with the Program at any time via the unsubscribe link in those emails. When a Member unsubscribes, the Member will no longer receive marketing communications that are associated with the Program, including notification of offers exclusive to Members, but will continue to receive communications regarding the administration of the Program. If the Member no longer wishes to receive any communications regarding the Program, the Member must cancel his or her enrollment in the Program by contacting McCoy’s via regular mail at Loyalty Program, McCoy’s Building Supply, 1350 IH 35 North, PO Box 1028, San Marcos, TX 78666 or via email at [email protected]. Cancellation is subject to the “Membership Cancellation or Termination” section of these Terms, below.
Members are solely liable and responsible for any applicable federal, state, or local taxes arising out of participation in the Program. Members should consult their tax advisers concerning any tax consequences that may arise from participation in the Program. If a Member has a tax-exempt status, the Member is welcome to join the Program through any of the foregoing enrollment methods, but the Member’s tax-exempt status will not be recorded with McCoy’s through that enrollment. In order to claim tax-exempt status with McCoy’s, the Member should follow the instructions at https://www.mccoys.com/tax-exempt-online.
Members must remain courteous and respectful to McCoy’s employees and other McCoy’s customers. Members must not harass, abuse, stalk, intimidate, threaten, or engage in any conduct that harms, harasses, or offends any McCoy’s employees engaged in the provision of services, including the delivery of any orders, or any other McCoy’s customers. If a Member violates this paragraph, McCoy’s may terminate the Member’s Membership and bar the Member from future participation in the Program.
Offers, Benefits, and Rewards
From time to time, McCoy’s may send Offers and/or Benefits to Members. All Members are eligible to receive Offers and Benefits. “Offers” may include coupons, special offers, discounts, invitations for special events, and other similar offers. “Benefits” may include certain individual benefits offered to a Member in McCoy’s sole discretion. Offers and Benefits may be offered to all or selected Members. McCoy’s has sole discretion to determine what, if any, Offers and Benefits it makes available to any specific Member. Offers and Benefits may be subject to additional terms and conditions, including expiration dates specific to the Offer or Benefit. Some Offers or Benefits may require a purchase, may have limited available quantities, may only be available while supplies last, and/or may be subject to other restrictions. All applicable restrictions will be explained in the Offer or Benefit information sent to Members.
Eligible Members also receive Rewards for points earned through the Program. “Rewards” are points that have been converted by McCoy’s into Rewards that can be redeemed for eligible purchases, as more fully discussed below. Eligible Members earn points in recognition of amounts spent on Qualifying Purchases (defined below) and for certain other Member behaviors as determined by McCoy’s in its sole discretion from time to time. Pro Members who have special or discount pricing with McCoy’s (such as a bid or price plan), a designated McCoy’s Customer Service Representative, or a credit plan with McCoy’s are not eligible to earn points or receive Rewards.
Offers, Benefits, and Rewards may not be sold, auctioned, bartered, brokered, purchased, or otherwise transferred except with the express written consent of McCoy’s. Any Offer, Benefit, or Reward obtained in that manner without the required consent will be considered to have been fraudulently obtained and deemed void. Altered Offers, Benefits, and Rewards are void. Voided Offers, Benefits, and Rewards will not be honored.
Earning Points
Eligible Members earn points for all Qualifying Purchases in each Program Year based on the following table:
A “Program Year” runs from January 1st to December 31st each year, except that the first Program Year for a Member runs from the date of enrollment until December 31st of the following calendar year (i.e., the first Program Year for a Member is between 12 months and 24 months in length depending on the date of the applicable Member’s enrollment in the Program). A “Qualifying Purchase” is any purchase transaction made by an eligible Member at a McCoy’s store or via the mccoys.com website (collectively, “McCoy’s Retail Outlets”) during which the Member identifies himself or herself as a Member before completing the transaction. Eligible Members can identify themselves as a Member at the time of purchase in a McCoy’s store. Eligible Members making a purchase online must log into their Program account before completing a transaction for the transaction to be a Qualifying Purchase for purposes of the Program. Members do not earn points retroactively on purchases previously made but not constituting a Qualifying Purchase, such as purchases made before enrolling in the Program or during which the Member fails to identify himself or herself as a Member.
Eligible Members earn points in the applicable tiers based on the amount spent by such Member for Qualifying Purchases in the applicable Program Year, excluding amounts paid for sales tax, donations, the purchase of gift cards, delivery services, maintenance and repair services, and any other professional, consulting, or equipment-related services provided by McCoy’s. Members cannot earn points for any amount of a purchase to the extent that is compensated in any way other than via the Member’s funds (i.e., via cash, check, credit card, debit card, or gift card), such as amounts credited to the Member during the transaction by way of discounts, sales promotions, Rewards, or similar credits. From time to time, McCoy’s may also offer additional opportunities to eligible Members to earn points or may reward points to certain eligible Members at McCoy’s sole and absolute discretion. At any time, McCoy’s may change, modify, or update who is eligible to earn points and/or the way Members earn points.
Conversion of Points to Rewards
Points are automatically converted to Rewards at the rate of 1 point to $0.01 in Rewards. Rewards will typically be credited to a Member’s account within 48 hours of the applicable Qualifying Purchase, although it may take longer in some instances. McCoy’s is not responsible for any losses, costs, or expenses incurred by a delay or error in crediting Rewards to a Member’s account.
Members can review their then-current total available Rewards by signing into their My McCoy’s account, by opening and logging into their account via the McCoy’s App, or by requesting that information from a McCoy’s representative when in a McCoy’s store. The then-current totals will reflect all unused Rewards in the Member’s account at that time. Note that Rewards not yet issued for points earned by the Member will not be reflected in the then-current totals. A Member may have a negative Rewards balance in certain instances, such as when a return is made.
Using Rewards
A Member may redeem their Rewards during eligible purchases at McCoy’s Retail Outlets.
- In Store Redemptions. For redemption of Rewards in-store, the Member will identify themselves to the cashier as a Member and tell the cashier they wish to redeem their Rewards. The cashier will look up the Member’s account, check the amount of Rewards in the Member’s account, and allocate those Rewards to the purchase.
- Mccoys.com Redemptions. For redemption of Rewards at mccoys.com, the Member must log into their Program account and then may apply their Rewards to the purchase at checkout, after putting the eligible item in their cart.
If a Member elects to apply Rewards to an eligible purchase, all of such Member’s then-available Rewards must be applied to the purchase, except in the event the amount of the purchase is less than the amount of then-available Rewards, in which case the amount of Rewards applied will be as necessary to render the out-of-pocket cost to the Member for the eligible purchase equal to $0. Rewards may only be redeemed once and only as expressly provided in these Terms. Rewards may be redeemed in conjunction with other McCoy’s offers, unless explicitly stated in the terms of a specific Reward or offer. Rewards have no cash value and cannot be credited to an account, redeemed for cash or cash equivalent, applied to past purchases, applied to invoices, or used for purchasing gift cards, delivery services, maintenance and repair services, or any other professional, consulting, or equipment-related services provided by McCoy’s.
Additional Terms Related to Rewards
As long as a Member is Active, Rewards accrued by that Member never expire, except as described in this Section. “Active” means completing at least one Qualifying Purchase in the preceding 24 calendar months. McCoy’s may in its discretion terminate a Member’s enrollment in the Program if he or she is no longer Active. Any such termination is subject to the “Membership Cancellation or Termination” section of these Terms.
If a Member obtains special or discount pricing with McCoy’s (such as a bid or price plan)with McCoy’s after enrolling in the Program, has a designated McCoy’s Customer Service Representative assigned after enrolling in the Program, or obtains a credit plan with McCoy’s after enrolling in the Program, then such Member becomes ineligible to earn points and all unredeemed Rewards in the Member’s account will be automatically converted into a coupon rounded up to the nearest $5 increment, which coupon must be used within 90 days of the date of issue of such coupon. Coupons may take up to 10 days to be issued to the Member.
At any time, McCoy’s may change, modify, or update who is eligible to receive Rewards, the way points are converted to Rewards, the way Members redeem Rewards, and/or whether and how way Rewards expire or are forfeited.
Returns
If a Member returns an item for which he or she received points and those points have been converted to Rewards, the corresponding number of Rewards will be deducted from the Member’s account. If points on a returned item have not been converted to Rewards at the time of the return, then such points shall be forfeited at the time of the return and will not be converted to Rewards. If a Member returns an item for which Rewards were redeemed, the Rewards associated with the returned item will be added back to the Member’s account.
Membership Cancellation or Termination
McCoy’s reserves the right to cancel any Member’s participation in the Program with or without notice in the event of fictitious or false information used to enroll in the Program, fraudulent activity, abuse of Program privileges, violation of these Terms, or any other reason, and may bar the Member from future participation in the Program. In addition, a Member may cancel his or her Membership at any time by contacting McCoy’s via regular mail at Loyalty Program, McCoy’s Building Supply, 1350 IH 35 North, PO Box 1028, San Marcos, TX 78666 or via email at [email protected]. Cancellation may take up to seven days to finalize. When a Membership is cancelled or terminated, any points, Offers, and unused Rewards and/or Benefits expire immediately and will not be reinstated or transferred except in McCoy’s sole discretion. McCoy’s shall have no liability arising out of any termination or cancellation of any Member’s participation in this Program for any reason.
Additional Program Terms
McCoy’s is solely responsible for the administration of the Program and redemption of any Offers, Benefits, and Rewards. Members agree that McCoy’s, in its sole discretion, will resolve all questions/disputes regarding the Program, including eligibility, point balances, redemptions, status of unused Offers, Benefits, and Rewards, and any other matter related to the Program, and that McCoy’s decisions in relation to same shall be final and binding.
The Program may include electronic access features and/or electronic communications. Standard messaging, cellular, or other communication-based rates may apply. McCoy’s is not responsible for any messaging, cellular, or other communication-based charges incurred by a Member in relation to the Program. Members should check with their mobile or other service provider for more information.
McCoy’s reserves the right to discontinue, amend, or modify the Program at its discretion at any time and in any way. Program modifications may include changes in points earning structure; point redemption rates and processes; rules for redeeming Offers, Benefits, and/or Rewards; expiration dates; forfeitures of unused points, Offers, Benefits, and/or Rewards; discontinuance of Offers, Benefits, and/or Rewards, and similar Program-related matters. McCoy’s also reserves the right, in its sole discretion, to cancel or suspend the Program (or any portion thereof) should viruses, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity, or proper operation of the Program (or any portion thereof) or for any other reason at any time without notice. McCoy’s shall have no liability arising out of any termination or cancellation of this Program for any reason, although McCoy’s may elect to provide Benefits or Rewards earned prior to the end of the Program but is not be obligated to do so.
Limitation of Liability and Disclaimer
MCCOY’S AND ALL OF ITS PARENT ENTITIES, AFFILIATES, SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES (THE “MCCOY’S PARTIES”) ARE NOT LIABLE FOR, AND EACH MEMBER HEREBY RELEASES THE MCCOY’S PARTIES FROM ANY RESPONSIBILITY AND/OR LIABILITY FOR, ANY LOSS, INJURY (INCLUDING PERSONAL INJURY OR DEATH), DAMAGE, ACCIDENT, DELAY, INCONVENIENCE, OR IRREGULARITY THAT SUCH MEMBER MAY SUFFER DUE TO ANY CAUSE WHATSOEVER RELATING TO, ARISING OUT OF, OR IN CONNECTION WITH THE PROGRAM IN ANY MANNER. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. MCCOY’S DOES NOT MAKE, AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE). The terms of this paragraph may not be enforceable in all jurisdictions and are void to the extent prohibited by applicable law. Members should consult an attorney to determine whether all of the provisions in this paragraph are applicable to the Member.
Dispute Resolution – Binding Arbitration
In the event of any dispute arising in connection with these Terms or a Member’s participation in the Program (a “Dispute”), if the Member and McCoy’s are not able to resolve the Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) must be finally and exclusively resolved by binding arbitration. WITHOUT THIS PROVISION, MEMBERS MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration must be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. A Member’s arbitration fees and share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Hays County, Texas. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If the agreement to arbitrate is found to be illegal or unenforceable, then neither party may elect arbitration as a mechanism for dispute resolution with respect to any Dispute, and such Dispute must be resolved in accordance with the paragraph below entitled “Law and Venue”. Each Member agrees that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (1) no arbitration may be joined with any other proceeding; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. The parties agree that the following Disputes are not subject to binding arbitration discussed above: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (2) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief.
Law and Venue
These Terms and every Member’s participation in the Program are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles. If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute must be commenced or prosecuted solely in the state and federal courts located in Hays County, Texas, and each Member hereby consents to and waives all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.
Electronic Communications, Transactions, and Signatures
Visiting websites, sending emails, and completing online forms constitute electronic communications. By enrolling in the Program, each Member consents to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications McCoy’s provides to the Member electronically, via email and on mccoys.com satisfy any legal requirement that such communication be in writing. EACH MEMBER HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY MCCOY’S OR VIA MCCOYS.COM. Each Member hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.
California Members
If any complaint with McCoy’s is not satisfactorily resolved, Members who are California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Miscellaneous
These Terms constitute the entire agreement and understanding between McCoy’s and the Members regarding the Program. McCoy’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms must be enforced to the fullest extent permissible by law. McCoy’s may assign or delegate any or all of its rights and obligations under these Terms to others at any time. McCoy’s is not be responsible or liable for any loss, damage, delay, or failure to act as a result of any cause beyond McCoy’s reasonable control. If any provision or part of a provision of these Terms is determined to be 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. There is no joint venture, partnership, employment, or agency relationship created between McCoy’s and any Member as a result of these Terms or such Member’s participation in the Program. These Terms will not be construed for or against either party by virtue of who drafted them. Each Member hereby waives any and all defenses he or she may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.