HUGGIES® REWARDS OFFICIAL TERMS AND CONDITIONS
Last updated: June 29, 2016
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER FOR THIS WEBSITE. BY REGISTERING, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR THE WEBSITE. SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE WEBSITE AND/OR ANY OF ITS INTERACTIVE COMPONENTS AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE POINTS ALREADY ACCUMULATED OR THE AVAILABILITY OF REDEEMABLE MERCHANDISE. YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY ANY MODIFICATIONS HEREOF.
1. SPONSOR: Huggies® Rewards website and its interactive Programs are sponsored by Kimberly-Clark Global Sales, LLC, Irving, Texas ("Sponsor").
2. HOW TO REGISTER: To register, go to www.HUGGIES.com, (the "Website") or download the Huggies® Rewards Mobile App. Once registered, you will become a "Member". As a Member, you will have your own Rewards account ("Member Account" or "Account") in which you can earn and spend Points ("Points") in the Huggies®
Rewards Program by the methods described below.
HUGGIES® REWARDS PROGRAM
: The Huggies® Rewards Program ("Rewards Program") started on April 13, 2009 at 8:00:00 AM Central Time ("CT") ("Start Date"), and ends at 11:59:59 PM CT on December 31, 2018 ("End Date"). The term of the Rewards Program may be changed or terminated at any time at the sole discretion of the Sponsor.
: The Rewards Program is open to legal residents of the fifty (50) United States, the District of Columbia or Puerto Rico who are 18 years of age or older at the time of registration and have the capacity to enter into a binding contract, and legal residents of Canada who have reached the legal age of majority in their province or territory of residence at the time of registration and have the capacity to enter into a binding contract. The Rewards Program is void elsewhere and where prohibited. Employees of Sponsor, its parent, subsidiaries, affiliates, advertising and promotional agencies, suppliers, and any other companies engaged in the development, production, or distribution of materials for this Website and/or Rewards Program, and household members of each such employee, whether or not related, are not eligible to participate in the Rewards Program.
WHAT ARE THE WAYS I CAN EARN POINTS?
3.1. Receipts: Within 30 days of a valid purchase transaction, Members can upload an image or images of an entire receipt that contains one or more Participating Products as listed on the Huggies® Rewards website located at www.HUGGIES.com. Only receipts from purchases made inside the fifty (50) United States, the District of Columbia, Puerto or Canada are eligible for Huggies® Rewards. Only those receipts that include images that clearly display the store name, date of the purchase, item(s) name, product code / SKU, and participating product prices, will be considered an eligible receipt for the purpose of qualifying for a point award. No more than 20 receipts may be submitted per day. Points are usually credited within 2 days of the submission but in instances when it is hard to identify the Participating Product information, duration may be longer. Points awarded for participating Huggies® Rewards products on a receipt submission will only be credited to one account. In the event that a receipt cannot be fully validated, the Sponsor expressly reserves the right to award Points at their discretion. (See Rule #10 for more details) the Sponsor has the right to accept receipts over the 30 days of valid period, mentioned above if they choose.
3.2. Participation in activities: Throughout the HUGGIES.com Website or Huggies® Rewards Mobile App, there are activities available, some with an associated Point value. These may include, but are not limited to: viewing videos, answering surveys, and participating in other activities on the Website and Huggies® Rewards Mobile App. These Point-earning activities will change from time to time. Members may access and participate in some activities more than once, but may only earn Points once for that particular activity as described on the Website and Huggies® Rewards Mobile App.
3.3. Invite Friends: When prompted, submit the name and unique email address of your friend(s), each of whom will receive an email. You may only provide the email addresses of friends or family if you have received permission to provide their email address to the Sponsor. You may only provide email addresses of friends with whom you have had direct voluntary two way communications, and with whom it is reasonable to conclude you have a personal relationship considering shared interests, experiences, opinions and other relevant factors. You may only provide email addresses of family members to whom you are related by marriage, a common-law partnership, or parent-child relationship, and with whom you have had direct voluntary two-way communications. For each of your friends who become a Member, you will receive fifty (50) Points. There is a limit of 250 Points (five 5, 50 friend referrals) via this method per Member per month and a maximum of 3750 Points (75 referrals) per Member for the duration of the Huggies® Rewards Program. You may only refer a person or email address once. Multiple referrals to the same person or email address by you or by others after the first referral to that person or email address will be void. Sponsor's determination with respect to the number of Points earned through referrals is final and binding.
3.4. Points accrued in the Rewards Program are non-transferable to other Member Accounts and have no cash or monetary value. Sponsor expressly reserves the right to establish additional means of accruing Points, to delete any or all of the means currently in effect, to exclude specific types of activities from the accumulation of Points and to specify periods after which unused Points will be forfeited. Points can be accrued only for activity actually taken and completed by you, as determined by Sponsor, and can be applied only to your Member Account.
3.5 Loyalty Cards: From time-to-time, the Sponsor will work with participating retailers to make it possible for a Member to link their loyalty account at a participating retailer’s loyalty program to the Huggies® Rewards program. Members that choose to link their participating loyalty programs will be able to earn Points every time they purchase participating HUGGIES® products with their participating retailer’s loyalty account ID. Before Members can earn points via Loyalty Card linking, Members must first link their participating retailer loyalty account ID to the Huggies® Rewards Program. Loyalty card linking is only available for participating retailers in the US.
Linking of a retail loyalty account ID on the HUGGIES.com Website or Huggies® Rewards Mobile App will happen instantaneously, however certain retailers require a 48 hour period to validate your account ID before qualified purchases will start being processed. There is no limit to how many different retailer loyalty cards can be linked to a Member's Account at any given time however a single user can only link a single card per retailer. Additionally, any individual retailer loyalty account ID may be linked to only one Huggies® Rewards account. Points earned via Loyalty Card linking will typically be added to a Member's Huggies® Rewards account within 1-2 weeks depending on retailer. Please note: Participating retailer loyalty programs are subject to change at any time for any reason. This means that if a participating retailer decides to stop being associated with the Huggies® Rewards Program, the Member’s linked retailer loyalty account ID will no longer be able to earn Points based on Participating HUGGIES® Products purchases. As soon as the Sponsor is able to do so, the Sponsor will notify Members either via email or with a notice on the website that a retailer has terminated their association with the Huggies® Rewards Program. Participating Members hereby releases the Sponsor from any and all claims relating to uncredited Points that are a result of a retailer opting out of the Program. In addition, the Sponsor is not responsible for technical failures that may prevent a participating retailer from sending purchase data for Members that have linked their loyalty account to their Huggies® Rewards profile.
WHAT CAN I USE MY POINTS FOR?
4.1 To enter a Sweepstakes
: Points can be redeemed for entering sweepstakes and games which will be featured on the Rewards section of the Website or Huggies® Rewards Mobile App (see Rule #5)
4.2 To donate points to a charity
: Points can be redeemed for donations to charities which will be featured on the Rewards section of the HUGGIES.com Website or Huggies® Rewards Mobile App. (see Rule #6)
4.3 To redeem for Rewards Catalog Items
: Points can be redeemed for items from the Rewards Catalog on the Website while supplies last. (see Rule #7)
HOW TO USE YOUR POINTS TO ENTER A SWEEPSTAKES
: Each sweepstakes has Official Rules (incorporated therein by reference) with details regarding eligibility, the closing date, prizes available and number of Points required to enter. Each time you enter a sweepstakes, the applicable number of Points will be automatically deducted from your Member Account. All sweepstakes set forth on the Website or Huggies® Rewards Mobile App are void where prohibited, and are subject to the Official Rules pertaining to such sweepstakes. You may participate in a sweepstakes without making a purchase or using Points by following the instructions set forth in the Official Rules.
HOW TO USE YOUR POINTS TO DONATE TO CHARITY
: There may be one or more charities featured on the Rewards Program section of the HUGGIES.com Website or Huggies® Rewards Mobile App; the charities featured may change from time to time without notice. The specific donation to be made for each Point donated will be specified on the Website when you make your donation. Each time you make a donation, the applicable number of Points will be permanently and automatically deducted from your Member Account. Donations may not be cancelled or reversed once submitted. You will NOT be sent a tax receipt for any donation made using your Points. Note: donation options available may vary by member's state/province of residence.
HOW TO USE YOUR POINTS TO REDEEM FOR REWARDS CATALOG ITEMS
: A Catalog of available items is posted and, from time to time, updated on the Rewards section of the Website. Items offered are subject to change at any given time in Sponsor's sole discretion, and are available while supplies last. Catalog items and required number of Points may vary by Member's country of residence. Availability of items may vary throughout the duration of the Rewards Program; however, you are encouraged to check the Catalog for updates on available items periodically. Sponsor reserves the right to substitute an item with one of comparable or greater value for any reason and to change the Point value of any item at any time. Each item has a required number of Points for redemption as stated in the Catalog. You cannot redeem Points for an item unless you have accumulated the number of Points required for that item in your Member Account. To redeem your Points for an item, browse the Catalog, select the item you wish to order and follow the instructions on the to confirm your selection. Once your order has been submitted, the required number of Points for that item will be deducted from your Member Account. You will receive an email confirming your transaction. Shipping and handling charges do not apply and will not be charged to any Member. Orders will be shipped to the address provided during registration, within 6-8 weeks after the order has been submitted. We reserve the right to cancel any item in the Catalog at any time. In the event of a printing or posting error in the Points value for any item, Sponsor is under no obligation to honor a redemption request at an inaccurate value.
: SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE REWARDS PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR A WARRANTY THAT THE REWARDS PROGRAM WILL BE ERROR-FREE. SPONSOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE REWARDS PROGRAM. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, SPONSOR AND ITS AUTHORIZED AGENTS MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY ITEM/PRIZE AWARDED VIA ANY SWEEPSTAKES, OR GAME OR ORDERED FROM THE WEBSITE CATALOG. MEMBERS BEAR ALL RISK OF LOSS OR DAMAGE TO AN ITEM/PRIZE ONCE SHIPMENT HAS BEEN INITIATED. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
: No cancellations of Catalog orders placed, nor any exchanges, refunds or returns on any item will be permitted. Catalog Items are not transferable for cash, credit, other items, or Points under any circumstances. You are responsible for all federal, state, provincial/territorial and local taxes (including income and withholding taxes), if any, as well as any other costs or expenses associated with acceptance and use of any items except shipping & handling (as previously outlined).
RECEIPTS, POINTS AND ACCOUNTS
10 a. Receipt Upload Limits: Each receipt can only be validated once. Subsequent attempts to submit a previously validated receipt will be void and ineligible to earn Points. All receipts must be submitted within 30 days from the purchase date on the receipt to be eligible for points. Receipts may be stored by the sponsor for up to a year after submission.
10 b. Member Account: Limit one (1) Member Account per person and per email address. If it is discovered that multiple Member Accounts were created by any person, even if multiple email addresses were used, all said Member Accounts and respective Points may be void at the Sponsor's discretion. By registering, you agree to maintain the confidentiality of your password and Member Account, and that you are fully responsible for all activities that occur under your password or Member Account. Receipts uploaded into multiple Member Accounts under different email addresses may be voided by Sponsor in its sole discretion. Points in a particular Member Account cannot be transferred to or combined with or shared with any other Member Account. No groups, clubs or organizations can register for a Member Account or participate in the Rewards Program. Possession of a Receipt does not constitute proof of uploading a Receipt into any particular Member Account. If for any reason your Member Account is terminated by either you or the Sponsor, all of your Points accrued will be forfeited. Members may be required to furnish proof of identification.
10 c. Expiration of Points Due to Account Inactivity: Points shall be maintained in the member's account until they are redeemed or until they expire as outlined herein, whichever occurs first. Points in accounts with no Point earning or redemption activity for twelve (12) consecutive calendar months will expire at the end of the last day of the twelfth month. Adjustments to Accounts by Sponsor will not be considered qualifying activity. Expired Points will be removed from member's account. No extensions, cash refunds or other exchanges will be allowed for expired Points
10 d. Point Limits: Sponsor reserves the right to limit the number of Receipts uploaded on a daily basis, or alter or modify any posted Receipt upload limits, at any time without prior notice. It is your responsibility to check the Website and/or these Terms and Conditions for any changes made to the limitation of Receipts that may be uploaded.
10 e. No Value: Points do not constitute property, do not entitle a Member to a vested right or interest and have no cash value. Unused Points shall be deemed void upon the termination of the Rewards Program or such expiration period or date that the sponsor may impose from time to time.
10 f. No Transfer: Receipts, Points and Member Accounts cannot be sold, traded, bartered, assigned or transferred to or shared with a third party or auctioned through an online auction site or otherwise. Any Points which Sponsor deems in its sole discretion to have been sold, traded, bartered, assigned or transferred may be confiscated and/or canceled. Points, once redeemed (for a sweepstakes and/or game entry, a donation to charity, or for Catalog items), cannot be returned, refunded, transferred or reused.
Account Profile and Points Balance
: When logged into the Huggies® Rewards Program, or the Huggies® Rewards Mobile App, Members will be able to view their registration information in their Account profile, as well as their Points balance. Sponsor will attempt to credit earned Points on a timely basis. However, neither Sponsor nor its agents will be liable for any unaccredited or misdirected Points. Sponsor reserves the right to invalidate Points if it determines, in its sole discretion, that such Points were improperly credited or obtained fraudulently, or in a manner not described herein. Releasees (as defined below) assume no liability for discrepancies, omissions, inconsistencies or errors with respect to a Member's Account Profile. Each Member is solely responsible for ensuring that their shipping address is correct in their Account Profile prior to redeeming Points for items from the Catalog. Subject to forfeiture or any expiration, Points will be maintained in your Member Account until they are redeemed for a sweepstakes and/or game entry, a donation to charity, or for Catalog items, or until the termination of the Rewards Program, whichever shall first occur. Sponsor reserves the right to impose or revise expiration periods or dates on Points that remain unused as it determines in its sole discretion. All decisions regarding Point balances, redemptions, and forfeitures, and the identity of the individual accessing a Member Account, are within our sole discretion and are final and binding.
In the event of a dispute regarding the identity of a registered Account-holder, the registration will be deemed to have been made by the authorized account holder of the email address at the time of registration and he/she must comply with these Terms and Conditions. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
VERIFICATION OF RECEIPT
: All Receipts uploaded are subject to verification at the sole discretion of Sponsor and its authorized agents. No Points will be credited for any receipt deemed void for any reason. Sponsor may, in its sole and absolute discretion, determine any Receipt to be void for any reason including but not limited to the following: Receipt is obtained through unauthorized or illegitimate sources/channels, including purchased or obtained online, or at a live auction; Receipt is not original, is illegible, has been tampered with, mutilated, altered, reproduced, stolen, forged, counterfeited, or is irregular or marked improperly; Receipt is not verified or recognized as a valid Receipt issued by Merchant or Retailer; Receipt is determined to be previously entered and used; Receipt is incorrectly or incompletely uploaded or submitted; or Receipt contains printing or production errors, or any errors in any way. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void Receipt. Only Receipts obtained from methods approved by Sponsor are eligible for the Rewards Program. Receipts collected through recycling centers, printing facilities, or institutions (including, but not limited to, hospitals or schools) are not eligible.
13. Sponsor reserves the right to revise any of the these Official Terms and Conditions at any time by updating this posting; revisions may include, but are not limited to, the duration of the Rewards Program, the methods and number of methods through which you may earn Points, the type or number of games, sweepstakes, or other promotional activities which you may redeem your Points to enter, the number of Points that may be redeemed in the Rewards Program, and any of the options made available to you with respect to your Member Account. These revisions may be made at any time, without notice, even though these changes may affect your ability to earn or use Points. By continuing to participate in any part of the Website following the posting of any such change, you are deemed to have agreed to the amended version of these Official Terms and Conditions and are bound by any such revisions and should therefore periodically visit this Website to review the then current Official Terms and Conditions to which you are bound. Any failure to comply with these Official Terms and Conditions, or any attempt to act in a way that is inconsistent with the intent of these Official Terms and Conditions, or any conduct detrimental to Sponsor, or any misrepresentation, or any fraudulent activities in connection with the Rewards Program, or failure to act in a manner consistent with federal, state, provincial or local laws, regulations or ordinances by you may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of your Member Account, and the forfeiture and relinquishment of all Points you have accrued in the Rewards Program, as determined by Sponsor or its authorized agents, in their sole discretion.
14. Notwithstanding the above, should Sponsor decide to discontinue the Website, or discontinue the Rewards Program before the end date, notice will be given to users (as determined in Sponsor's discretion). Once the notice period of the Rewards Program has ended, Points will no longer be redeemable, and all Points automatically become void.
LIMITATIONS OF LIABILITY
: No responsibility or liability is assumed by Releasees (as hereinafter defined) for any technical problems or technical malfunction of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the Rewards Program: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectively or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or telephone providers; garbled, jumbled or faulty data transmissions; failure of any email or telephone transmissions to be sent to or received; lost, late, delayed, garbled, damaged, misdirected, undelivered or intercepted email; inaccessibility of the Website or phone system in whole or in part for any reason; traffic congestion on the Internet or Website or phone lines; unauthorized human or non-human intervention of the operation of the Rewards Program, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Rewards Program or data thereof, including, without limitation, tampering of or hacking into the telephone lines, or loss, miscount, misdirection, inaccessibility or unavailability of a Member Account used in connection with the Rewards Program. Releasees are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Rewards Program, or use of or download of any information from the Website. Use of the Website is at user's own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING IN THE REWARDS PROGRAM IS PROVIDED 'AS IS' WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
CONDITIONS ON USER PARTICIPATION
: By participating, all participants signify their agreement to be bound by these Official Terms and Conditions, (and any Official Promotion Rules which may appear on the Website from time to time), and the decisions of Sponsor and its authorized agents whose decisions in all aspects shall be final and binding. Sponsor and its authorized agents may, at their sole discretion, disqualify any individual from participating in any aspect of the Rewards Program, and/or may cancel, suspend or block any Account registered by such person (and void all associated Points) if Sponsor and its authorized agents deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Official Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Website; or (c) acting with intent to annoy, harass or abuse any other person; or (d) using any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; or (e) repeatedly attempting to enter void Receipts in one or more Accounts, as determined by Sponsor; or (f) engaging in any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) engaging in any activity deemed in sole discretion of Sponsor and its authorized agents to be generally inconsistent with the intended operation of the Website.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE IS A VIOLATION OF CRIMINAL LAW AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AUTHORIZED AGENTS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
RELEASE OF LIABILITY
: BY PARTICIPATING, ALL PARTICIPANTS, ON BEHALF OF THEMSELVES, THEIR EXECUTORS, HEIRS AND ASSIGNS, AGREE TO RELEASE SPONSOR, ITS PARENT, AFFILIATES, SUBSIDIARIES, FRANCHISEES, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE "RELEASEES"), FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURY, LOSS, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE REWARDS PROGRAM, INCLUDING BUT NOT LIMITED TO, PREPARING FOR, PARTICIPATING IN OR TRAVELING TO AND/OR FROM ANY ITEM/PRIZE OR RELATED ACTIVITY, OR THE RECEIPT, OWNERSHIP OR USE OF ANY ITEM/PRIZE (B) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE REWARDS PROGRAM(INCLUDING WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY TYPOGRAPHICAL, PRINTING, MECHANICAL, NETWORK, ELECTRONIC, HUMAN OR OTHER ERRORS, ERRORS THAT MAY OCCUR IN CONNECTION WITH THE ADMINISTRATION OF THE REWARDS PROGRAM, THE REDEMPTION AND ACCRUAL OF POINTS, THE INCORRECT PROCESSING OF RECEIPTS OR POINTS, THE INCORRECT TABULATION OF POINTS, OR ANY INACCURATE OR INCORRECT DATA CONTAINED ON THE WEBSITE, IN THE CATALOG, OR IN A MEMBER ACCOUNT); OR (C) THE PERFORMANCE OR NON-PERFORMANCE OF THE REWARDS PROGRAMBY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR REGISTRATION INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY INDEMNIFY AND HOLD RELEASEES HARMLESS FROM AND AGAINST, ANY ACTIONS TAKEN BY ANY USER AUTHORIZED TO USE YOUR MEMBER ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ACCRUAL OF POINTS, REDEMPTION OF POINTS, AND DISCLOSURE OF PASSWORDS TO THIRD PARTIES. PARTICIPANTS AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS REWARDS PROGRAM SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
18. In the event of any conflict between any details contained in these Official Terms and Conditions and details contained in other materials, the details of the Rewards Program as set forth in these Official Terms and Conditions shall prevail.
19. If any provision of these Official 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.
: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Terms and Conditions, or the rights and obligations of participant and Sponsor in connection with the Rewards Program, shall be governed by, and construed in accordance with, the substantive laws of the State of Wisconsin without regard to Wisconsin conflicts of laws principles. All participants consent to the jurisdiction and venue of the State of Wisconsin.
. Sponsor's failure to exercise or enforce any right or provision of these Official Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing.
The headings in these Official Terms and Conditions are for your convenience and reference. These headings do not limit or affect these Official Terms and Conditions.
. These Official Terms and Conditions, together with those items made a part of these Official Terms and Conditions by reference, make up the entire agreement between Sponsor and the Website members participating in the Rewards Program, and replaces any prior understandings or agreements (whether oral or written). If a court finds any of these terms to be unenforceable or invalid, that term(s) will be enforced to the fullest extent permitted by applicable law and the other terms.
By submitting any content to Sponsor, you represent and warrant that: - You are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 18 years old, or age of majority in your Province/Territory of residence;
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Sponsor (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Sponsor a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your rating and review, you agree that Sponsor and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.