Terms and Conditions

Gloria Jean’s Coffees Terms & Conditions

Limited Edition flavored coffees are available for a limited time only, while supplies last. Limited Edition flavored coffees are available on a first come, first serve basis.

LOYALTY PROGRAM Terms:

INTRODUCTION

1.1 By registering as a Member for the Gloria Jean’s Coffees Loyalty Program (‘GJCLP’), you agree to be bound by the following terms and conditions (‘Terms and Conditions’) provided by Retail Food Group USA, Inc. (‘Gloria Jean’s Coffees’).

1.2 The Terms and Conditions are intended to protect Members and Gloria Jean’s Coffees. It is the Member’s responsibility to read and understand them.

1.3 The GJCLP remains the property of Gloria Jean’s Coffees at all times.

1.4 The Terms and Conditions will be construed according to and governed by the laws of Illinois and the parties submit to the non-exclusive jurisdiction of the courts in the state of Illinois, USA.

1.5 Gloria Jean’s Coffees may amend, suspend or terminate the Terms and Conditions from time to time. The current terms and conditions are those available at www.gloriajeanscoffees.com. Material changes to the Terms and Condition will be communicated to Members in accordance with clause 6 of the Terms and Conditions.

1.6 Any failure or delay by Gloria Jean’s Coffees in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights. Any waiver by Gloria Jean’s Coffees must be in writing and signed by an authorized officer of Gloria Jean’s Coffees.

REQUIREMENTS FOR MEMBERSHIP IN GJCLP

2.1 An individual is eligible to become a Member of the GJCLP if:

(a) they have a unique email address and a residential address in the U.S.;

(b) are over 16 years of age; and

downloads the GJCLP App and completes the Registration process in the GJCLP App; or
completes Registration of their GJCLP Card at www.gloriajeans.com /pages/loyalty

2.2 Notwithstanding clause 2.1, Membership is offered at the sole discretion of Gloria Jean’s Coffees. To avoid doubt, Gloria Jean’s Coffees may accept or reject any application to participate in the GJCLP at its sole and absolute discretion (acting reasonably).

2.3 Membership is not available to:-

(a) Gloria Jean’s Coffees employees;

(b) Franchisees; or

(d) and immediate family members to any of the persons named in (a) – (c) above.

2.4 Membership is limited to one (1) account per person and is not transferable.

2.5 Membership to the GJCLP is conditional on acceptance of these Terms and Conditions and the collection, use and disclosure of a Member’s personal information in accordance with the Gloria Jean’s Coffees Privacy Policy referred to herein, as amended from time to time with notice to the Member.

MEMBER OBLIGATIONS

3.1 Members are to inform Gloria Jean’s Coffees via written notice if:

(a) their personal details change (including, but not limited to, their address, email address or phone number) as soon as practicable after the change.

(b) Their GJCLP Card or mobile device (where the GJCLP App has been installed) is lost or stolen; and/or

3.2 Members can make changes to their details, or provide the written notice required in clause 3.1 above directly via the CONTACT US page on the Gloria Jean’s Coffees website (www.gloriajeans.com)

3.3 Members are to keep their GJCLP Card and/or GJCLP App details safe, secure and confidential.

3.4 Gloria Jean’s Coffees is not responsible for any loss (financial or otherwise), including but not limited to loss of GJC Points or benefits available to GJCLP Members, in connection with any failure by a Member to duly notify Gloria Jean’s Coffees of any change in their details.

3.5 Gloria Jean’s Coffees is not liable for any unauthorized use of the GJCLP Card or GJCLP App. This includes, but is not limited to, any delay by a Member to report a lost, misplaced or stolen GJCLP Card or GJCLP App.

3.6 GJCLP Cards or the GJCLP App are not legal tender and remain the property of Gloria Jean’s Coffees.

3.7 Members must not:

(a) act in any way which is in breaches the Terms and Conditions; or

(b) abuse or misuse the GJCLP or any rewards accorded to the Member as a result of Membership including by:

(i) engaging in illegal or fraudulent activities;

(ii) supply or attempting to supply false or misleading information, or making a misrepresentation to Gloria Jean’s Coffees;

(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward other than in accordance with these Terms and Conditions; and

(iv) acting in a hostile, abusive or aggressive way towards any Gloria Jean’s Coffees employees and/or a Franchisee or their employees.

Errors, Lost or Stolen Cards

3.8 Should a Member wish to make a claim for any error in the allocation of GJC Rewards, within twenty-eight (28) days of the transaction taking place, the Member must email Gloria Jean’s Coffees at GJCUSA.CustomerService@rfg.com.au with Membership number, a detailed summary of the error they believe has occurred and supporting receipts for the transaction.

3.9 The Member must notify Gloria Jean’s Coffees immediately if their GJCLP Card or mobile device (where the GJCLP App has been installed) has been lost or stolen or damaged, by contacting Gloria Jean’s Coffees by one of the methods outlined at clause 3.2.

3.10 If a Member’s GJCLP Card and/or mobile device (where the GJCLP App has been installed) has been lost, stolen or damaged:

(a) GJC Rewards will not be awarded or accrue once a Member has reported to Gloria Jean’s Coffees (in accordance clause 3.1 and 3.2) an event subject of clause 3.9, until a replacement GJCLP Card and/or GJCLP App has been activated and/or issued.

(b) Gloria Jean’s Coffees may issue the Member with a replacement GJCLP Card with a new identification number.

(c) Any GJC Rewards awarded or accrued by a Member who has completed Registration (as at the date of a valid notification in accordance with clause 3.9 above) will be transferred to the Member’s new Membership.

(d) Gloria Jean’s Coffees reserve the right to charge for issuing a Member a replacement GJCLP Card (if applicable).

(e) At Gloria Jean’s Coffees reasonable discretion, any GJC Rewards awarded or accrued on a GJCLP Card and/or GJCLP App that was not Registered (as at the date of a valid notification in accordance with clause 3.9 above) may be cancelled without compensation to the Member.

3.11 Gloria Jean’s Coffees may request information or identification from a Member to confirm and/or verify their Membership to the GJCLP. If the Member does not provide the requested identification or information, Gloria Jean’s Coffees may not be able to issue a replacement GJCLP Card, cancel or activate a new Membership or transfer any accrued GJC Rewards or GJC Points.

Cancellation, Suspension and Termination

3.12 Gloria Jean’s Coffees reserves the right, at any time without notice, to immediately:

(a) terminate the GJCLP (subject to notice required under clause 3.15);

(b) suspend or terminate a Member’s Membership to the GJCLP at is sole discretion (acting reasonably);

(d) reject an application for Membership; or

(e) reverse or withdraw of any GJC Rewards awarded or accrued or earned on a Membership.

3.13 Members agree that the grounds for Gloria Jean’s Coffees doing any of the acts in clause 3.12 include (but are not limited to):

(a) a breach of these Terms and Conditions;

(b) conduct that is an abuse of Membership, the GJCLP or undermines the legitimate interests of Gloria Jean’s Coffees;

(c) where GJC Rewards are earned by fraudulent, misleading or dishonest conduct or suspected fraudulent, misleading or dishonest conduct;

(d) a Member has not used their Membership during a consecutive twelve (12) months, by either earning or redeeming GJC Rewards;

(e) death or bankruptcy of the Member; or

(f) any other reason Gloria Jean’s Coffees deems reasonable.

3.14 If Gloria Jean’s Coffees terminates or suspends a Membership, it may at its sole discretion terminate any or all GJC Rewards earned on the GJCLP without compensation.

3.15 If Gloria Jean’s Coffees terminates the GJCLP by giving the Member at least twenty-one (21) days’ Notice:

(a) the Member will not be eligible to earn GJC Rewards from the date of the Notice;

(b) the Member’s existing awarded or accrued GJC Rewards will be forfeited and cancelled, and Gloria Jean’s Coffees shall have no further liability to the Member.

3.16 A Member may terminate their Membership at any time by providing written notice in accordance with clause 3.1. In terminating their Membership, a Member:

(a) will not be eligible to earn GJC Rewards from the date of providing Gloria Jean’s Coffees with written notice;

(b) any accrued GJC Rewards will be forfeited, and Gloria Jean’s Coffees shall have no further liability to the Member.

3.17 Deleting the GJCLP App will not terminate a Member’s account. The Member must follow the steps within the App to delete the account or a written request to terminate the Membership must be submitted in accordance with clause 3.2.

3.18 If requested by Gloria Jean’s Coffees, on termination of the Membership, the Member must return the GJCLP Card to Gloria Jean’s Coffees within fourteen (14) days.

GJ REWARDS

4.1 Members of the GJCLP are entitled to earn and redeem GJC Points on Eligible Transactions, consistent with the terms and conditions outlined in clause 4.3 – 4.16.

4.3 GJC Points:-

(a) are earned and allocated to a Member at the Earn Rate;

(b) can be redeemed by a Member who has completed Registration, for a GJC Hand-Crafted Beverage at the Redemption Rate;

(c) must be redeemed within twelve (12) months from the date they were applied or loaded on a Member’s GJC Rewards Account, after which, any unused GJC Points will be cancelled and no longer available for redemption or use by the Member.

(d) are not able to be redeemed or exchanged for U.S. Dollars;

(e) are only available to be earned and/or redeemed in an Eligible Transaction made at participating Gloria Jean’s Coffees Outlets. Accordingly, excludes any transaction made online or through third-party ordering platforms.

4.4 To earn or redeem GJC Points in an Eligible Transaction:

(a) prior to the conclusion of the Eligible Transaction, a Member must present the QR Code within the GJCLP App or their GJCLP Card for, at the point of sale at the participating Gloria Jean’s Coffees Outlet.

(b) The team member employed at the participating Gloria Jean’s Coffees Outlet must scan or swipe the GJCLP Card or GJCLP App through the point of sale.

(c) If a Member’s GJCLP Card or GJCLP App is not presented at the point of sale, or presented after the transaction is completed, Gloria Jean’s Coffees will not (under any circumstances) issue GJC Points or allow the redemption of GJC Points, in relation to that transaction.

(d) In order for a purchase to be counted as an Eligible Transaction, the above steps must be complied with.

(e) GJC Points will be awarded to the Member’s GJC Rewards Account after the completion of the Eligible Transaction and are only recognized and available for redemption after they are successfully processed to the Member’s GJC Rewards Account.

4.5 A Member may not redeem GJC Rewards to claim more than two (2) free GJC Hand-Crafted Beverage within a 24-hour period.

4.6 GJC Rewards redeemed for a GJC Hand-Crafted Beverage (consistent with clause 4.1, 4.2 and 4.3 above) does not include any changes to the standard drink menu, including but not limited to syrup flavors, additional shots and/or alternate milks, which may be requested by the Member, however subject to a charge determined by the Gloria Jean’s Coffees Outlet.

4.7 GJC Points will be awarded the Member’s GJC Rewards Account following an Eligible Transaction. GJC Points shall only be available for redemption once processed and available on the Member’s GJC Rewards Account.

4.8 Members who have completed Registration can view their GJC Points balance, which have been earned by accessing the ‘GJCLP Home’ section of their GJCLP APP or by visiting www.gloriajeans.com/pages/loyalty and entering their valid login details. Members who

have not completed Registration will be unable to view their GJC Points and GJC Rewards via the GJCLP App or at

or www.gloriajeans.com/pages/loyalty. Members who have not completed Registration will only be able to view their acquired GJC Points and GJC Rewards instore via a team member employed at the participating Gloria Jean’s Coffees Outlet.

4.9 Members will be provided at least twenty-one (21) days’ notice, via notifications within the GJCLP App, or email (as applicable) of any GJC Rewards that are due to expire so that they may avail themselves of the GJCLP and any accrued GJC Rewards. Such communication shall be deemed as a service-based contact requirement and will still be sent to the Member, regardless of whether it opted-out of receiving marketing communication.

4.10 Member’s rights under the Terms and Conditions cannot be sold, transferred or assigned except in accordance with the Terms and Conditions.

4.11 GJC Rewards are not the personal property of the Member and are only redeemable in accordance with these terms and conditions (as amended from time to time by Gloria Jean’s Coffees) and always only at participating GJC Outlets.

4.12 GJC Rewards can only be earned by a Member for personal benefit and must not be used for any commercial or not-for-profit association purposes unless expressly authorized by Gloria Jean’s Coffees in writing.

4.13 At the time of earning or redeeming GJC Rewards, Gloria Jean’s Coffees (or its affiliates, including but not limited to its franchisees and their employees) reserves the right to request identification to verify the identity of the Member.

4.14 Gloria Jean’s Coffees will reverse or withhold from a Membership any GJC Rewards that have been, or are to due be, earner or accrued to that Membership that:

(a) have been credited to the Membership in error; and/or

(b) relates to a transaction which has been cancelled, reversed, or relates to a refund given.

4.15 Gloria Jean’s Coffees may introduce promotional programs relating to the GJCLP whereby these Terms and Conditions may be varied as applicable to such programs.

4.16 The redemption of GJC Rewards may be subject to availability. Gloria Jean’s Coffees is not responsible if GJC Rewards are not available for any reason. Participating GJC Outlets may substitute some GJC Rewards in the event not all rewards are available.

ADDITIONAL BENEFITS AND PROMOTIONS

5.1 Members may qualify for other benefits or rewards or promotions which may be offered by Gloria Jean’s Coffees from time to time (“GJC Promotions”).

5.2 GJC Promotions will be advertised by Gloria Jean’s Coffees and/or its associated entities or franchisees by a method at the direction of Gloria Jean’s Coffees (this may include but not

limited to mail, SMS, email, in participating GJC Outlets advertising material, social media and/or the Gloria Jean’s Coffees website

www.gloriajeans.com/pages/loyalty and will have terms and conditions specific for that promotion.

CHANGES TO GJCLP

6.1 Subject to clause 6.2, Gloria Jean’s Coffees, at its discretion, may make any changes (whether material or otherwise) to the Terms and Conditions, including, without limitation:

(a) GJC Points, including

(b) Registration;

(d) the points or rewards a Member can earn in a Qualified Transaction;

(e) benefits of the Membership;

(f) the period for expiry of existing or future GJC Rewards.

6.2 Gloria Jean’s Coffees will use best efforts to advise Members of material changes to the Terms and Conditions. Where such changes will limit the GJCLP, Gloria Jean’s Coffees will use best efforts to give Members at least twenty-one (21) days’ notice.

6.3 Without limiting this clause 6 in anyway, Members will be taken to have received the notice referred to in clause 6.2 if Gloria Jean’s Coffees notifies Members of a change, by one of the following methods:

(a) via publishing on the Gloria Jean’s Coffees website (www.gloriajeans.com/pages/loyalty);

(b) the GJCLP Member portal;

(d) via the Member’s last registered postal address;

(e) via the Member’s cellular number; and/or

(f) by any other direct communications (email or via post) sent to Members.

6.4 If, at any time, GJC Points are reinstated and/or applied on to a Member’s GJC Reward Account (for any reasons what so ever, including but not limited to, the exercise of our discretion or award of a prize or promotion), said GJC Points will be subject to all terms and condition of the GJCLP, including but not limited to, clause 4.4 (b) whereby any remaining

GJC Points will be cancelled twelve (12) months after the date they were applied or loaded on a Member’s GJC Rewards Account

LIABILITY

7.1 To the maximum extent permitted by law, Gloria Jean’s Coffees will not be liable to them in any way (including negligent acts and omissions) with respect to:

(a) any breach of the Terms and Conditions (express or implied by law) by any person or representative other than an authorized representative of Gloria Jean’s Coffees;

(b) any GJC Rewards that are unused as at the date of cancellation or termination of their Membership or the GJCLP;

(c) any unauthorized use of a GJCLP App or GJCLP Card as a result of their delay to report the lost or stolen GJCLP App or GJCLP Card to Gloria Jean’s Coffees;

(d) delay in issuing GJC Rewards to a Membership (including any replacement of the GJCLP Card or GJCLP App);

(e) damage, theft or loss to of any GJCLP App or GJCLP Card or documentation issued by Gloria Jean’s Coffees by post or delivery;

(f) for matters of and incidental to the termination or suspension of the GJCLP, Membership;

(g) GJC Rewards or other benefit provided to the Member under the GJCLP;

(h) any death, loss or damage as a result of the Membership to GJCLP;

(i) any failure or inability to provide GJC Rewards caused by circumstances beyond its control (inclusive of disputes, acts of God, flood, weather, war or civil disturbance);

(j) any government tax, duty, other charge or liability in respect of the GJCLP incurred as a result of your Membership is the responsibility of the Member; and

(k) any other liability, loss or damage incurred by the Member (or any other person) in connection with the GJCLP.

7.2 The Member agrees that the above limitation of liability also applies to Gloria Jean’s Coffees (and its related entities). Nothing in these Terms and Conditions limits the Member’s rights under any applicable law.

NOTICES

8.1 The Member acknowledges and agrees that Gloria Jean’s Coffees may provide any notice required under the Terms and Condition by any one of the methods outlined a clause 6.3 (a) – (f).

PRIVACY, COLLECTION, USE & DISCLOSURE

9.1 This privacy notice is provided to the Member by Gloria Jean’s Coffees and contains important information regarding the collection, use, disclosure, security and access of the Member’s personal information.

9.2 Gloria Jean’s Coffees Privacy Policy can be obtained via our website (www.rfg.com.au/privacy-policy/). The Member acknowledges and agrees that they have read and understand the privacy policy, including (without limitation) the collection, use and disclosure of personal information.

9.3 The Member consents to Gloria Jean’s Coffees contacting them from time to time, including telephone, post, facsimile and electronic (i.e. SMS, internet) methods.

9.4 Collection: The information Gloria Jean’s Coffees collects is:

(a) the information provided by the Member on the registration page of the GJCLP App or website located at www.gloriajeans.com/pages/loyalty;

(b) transactional information when the Member shops using their GJCLP App and/or GJCLP Card such as, but not limited to, the store(s) the Member shopped at, when the Member shopped, the Member’s purchases and method of payment;

(c) information the Member may provide from time to time through contact with the Gloria Jean’s Coffees website or that the Member provides on the GJC Rewards website at www.gloriajeans.com or www.gloriajeans.com/pages/loyalty;

(d) information regarding the Member’s payment preferences in conjunction with their GJCLP App and/or GJCLP Card;

(e) information to improve the Gloria Jean’s Coffees website and services, including by means of product development and market and behavioral research; and

(f) information for operational management of the GJCLP.

9.5 Marketing consent: the Member provides their express consent to Gloria Jean’s Coffees:

(a) sending the Member marketing communications via email, SMS, in-app notifications or other digital means, including (but not limited to) news, updates, offers, and promotions.

(b) The Member can opt out of receiving all or any communications listed above:

(i) for email and digital advertising by updating their email preferences;

(ii) for in-app notifications via their app preferences;

(iii) for SMS messages, by opting out directly from an SMS.

9.6 The use and disclosure of the Member’s personal information may include (but not limited to):

(a) use of the Member’s information to keep them informed about promotions, products, offers, and discounts regarding Gloria Jean’s Coffees; and

(b) for the planning, research, marketing and product, service development and to contact them as a result of any dealing they may have had at Gloria Jean’s Coffees or at a GJC Outlet.

9.7 Gloria Jean’s Coffees will take all reasonable steps to ensure the Member’s personal information is protected from unauthorised access, misuse, modification and disclosure while stored or transmitted by Gloria Jean’s Coffees.

9.8 The Member agrees that the above collection of information and security of communications cannot be guaranteed and to the extent permitted by law, Gloria Jean’s Coffees is not liable for unauthorised access.

9.9 The Member agrees that in using the GJCLP App, they consent to our use of the location of their device, in order that Gloria Jean’s Coffees can provide the GJCLP App functionalities to the Member, such as store location.

9.10 Gloria Jean’s Coffees reserves the right to charge a nominal fee to cover retrieval costs in the event of a complex and comprehensive request for access to information.

9.11 This clause 9 survives the termination of these Terms and Conditions and the termination or suspension of the GJCLP.

GENERAL

10.1 In these Terms and Conditions “we”, “us”, or “our” means Retail Food Group USA, Inc. (‘Gloria Jean’s Coffees’) or its authorised representatives.

10.2 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

DEFINITIONS

“Earn Rate” means

earn 10 GJC Points for every dollar ($1) spent when purchasing a GJC Hand-Crafted beverage in an Eligible Transaction.

earn 10 GJC Points for every dollar ($1) spent when purchasing GJC coffee beans in an Eligible Transaction.

Eligible Transaction means, subject to a Member’s compliance with clause 4.5 (a) – (e) and 4.6, a transaction made through a point of sale system at a participating Gloria Jean’s Coffees Outlet, which must include a GJC Hand-Crafted Beverage or GJC coffee beans.

“Franchisee” means a person or entity who has the right to operate a Gloria Jean’s Coffees business pursuant to the terms of a franchise agreement.

“GJC Hand-Crafted Beverage” means either a GJC-crafted Cold Drink or GJC-crafted Hot Drink.

“GJC-crafted Cold Drink” means a Gloria Jean’s Coffees-crafted cold drink identified in Annexure A and expressly excludes all items not included in the table.

“GJC-crafted Hot Drink” means a Gloria Jean’s Coffees-crafted hot drink identified in Annexure A and expressly excludes all items not included in the table.

“GJC Points” means the GJC Points identified in clause 4.4.

“GJC Outlet” means a business operated as a Gloria Jean’s Coffees outlet (for a full list of store locations visit www.gloriajeans.com/pages/stores-locators).

“GJCLP” means the rewards program operated and managed by Gloria Jean’s Coffees under which a Member may accrue or redeem GJC Rewards in accordance with these Terms and Conditions.

“GJCLP App” means the rewards app scheme provided by Gloria Jean’s Coffees for use by each Member in relation to the GJCLP.

“GJCLP Card” means the rewards card scheme provided by Gloria Jean’s Coffees for use by each Member in relation to the GJCLP.

“GJC Rewards” means GJC Points, Birthday Rewards, Registration Rewards, GJC Promotions, along with promotions relating to coffees, hot and cold beverages, Gloria Jean’s Coffees products, promotional prizes (including goods and services) as nominated by Gloria Jean’s Coffees from time to time in its absolute discretion and subject always to availability.

“GJC Rewards Account” means a Member’s account and/or membership to the GJCLP.

“Member” means a person who has completed Registration in the GJCLP.

“Membership” means Membership of the GJCLP Card and/or GJCLP App to the GJCLP.

“QR Code” means the two-dimensional version of the barcode found within the GJCLP App.

“Redemption Rate” means a GJC Points value of 100 being equivalent to $1 which can then be used to:

redeem up to 2000 GJC Points on GJC Hand-Crafted Beverages in one transaction; and or

redeem up to 2000 GJC Points for a GJC coffee beans in one transaction.

“Registration” means registering your details (including your full name, gender, date of birth, email address, telephone or mobile phone number, postal address and the unique GJCLP Card number printed on the card (as applicable) in the GJCLP APP, and or at the Gloria Jean’s Coffees website www.gloriajeans.com/pages/loyalty.

“Terms and Conditions” means the GJCLP Terms and Conditions set out in this agreement (as amended by Gloria Jean’s Coffees from time to time in accordance with this agreement).

Annexure A

GJC-crafted Hot Drink and GJC-crafted Cold Drink

Included

a standard beverage prepared by a participating Gloria Jean’s Coffees Outlet, forming part of the Gloria Jean’s Coffees menu available at www.gloriajeans.com

Excluded

All varietals of pre-packed items including sodas, juices, water or specialty drinks.
a beverage prepared by a participating Gloria Jean’s Coffees Outlet, which does not form part of the standard menu range – see www.gloriajeans.com for approved standard menu range.
does not include any changes to the standard drink menu, including but not limited to syrup flavors, additional shots and/or alternate milks, which may be requested by the Member at an additional costs.
All food items

Annexure B

Included

Small White Chocolate Caramel Cookie Chiller
Small Cookies and Cream Chiller
Small Madagascar Vanilla Caramel Chiller
Small Chocolate Avalanche Chiller
Small Hot Latte
Small Iced Coffee
Regular Origin Coffee

Excluded

All varietals of pre-packed items including sodas, juices, water or specialty drinks.
a beverage prepared by a participating Gloria Jean’s Coffees Outlet, which does not form part of the included range of beverages.
does not include any changes to the standard drink menu, including but not limited to syrup flavors, additional shots and/or alternate milks, which may be requested by the Member at an additional costs.

Terms and Conditions

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