WEIL-MCLAIN® BOILER BUCKS™ PROGRAM
TERMS AND CONDITIONS
Effective Date: June 10, 2015
A. Overview of Weil-McLain Boiler Bucks Programs
The Weil-McLain™ Boiler Bucks™ program (“Program”) is a trade rewards program through which eligible, registered participants (“Participants” “you,” or “your”) can earn and accumulate Boiler Bucks (“Boiler Bucks”) by participating and completing various offered Activities (defined below) on www.WMBoilerBucks.com (the “Website”), subject to the terms and conditions set forth in these Program Terms and Conditions (“Terms”). Participants may redeem their Boiler Bucks by purchasing merchandise, participating in limited time and/or quantity offers, or engaging in other spending activities, or participating in activities on the Website (“Rewards”).
Each time you access and/or use the Program, you agree to be bound by and comply with these Terms and any Additional Terms (defined below). If you do not agree to these Terms, please do not participate in the Program. The business realities associated with operating the Program are such that, without the limitations that are set forth in these Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Program available to you.
In some instances, both these Terms and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms, any contest, sweepstakes or other promotion we may offer as part of the Program or to Program members, is and will also be subject to separate official rules (“Official Rules”), which will be posted in the Program during the applicable promotion period and which will govern Participants’ participation, and our execution, of each such promotion. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
B. Sponsor and Administrator
The “Sponsor” is The Marley-Wylain Company, d/b/a Weil-McLain, 500 Blaine Street, Michigan City, IN 46360. The “Administrator” is Shoeneckers, Inc., doing business as BI Worldwide, 760 Bush Lake Road, Minneapolis, Minnesota 55439. As used in these Terms, the terms “we,” “us,” and “our” shall be deemed to collectively refer to both Sponsor and Administrator. As stated above, the terms “Participant,” “you,” and “your” mean eligible, registered participants of the Program.
C. Program Period and Eligibility
The Program begins on or about 12:00 a.m. Central Time (“CT”) on June 10, 2015 and is scheduled to end at 11:59 p.m. CT on December 31, 2016 (the “Program Period”); provided, however, Sponsor reserves the right to shorten, extend, suspend, modify, terminate or cancel the Program, at its discretion, at any time. The clock on the Administrator’s (defined below) server shall be the official time keeping device for this Program. All time referenced in connection with the Program is Central Time. Participants are solely responsible for determining the corresponding time zone in their respective jurisdictions; Program Entities (defined below) disclaim all liability or responsibility relating thereto.
To enroll in the Program, visit the Website and follow the online enrollment instructions. There is no cost to enroll. Enrolled persons will also have a Program account (referred to herein as the “Participant Account”).
In connection with your Participant Account, you agree that: (i) You will provide true, accurate, current, and complete information about yourself and your employer in connection with the sign-up process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) You are solely responsible for all activities that occur under your Participant Account – whether or not you authorized the activity; (iii) You are solely responsible for maintaining the confidentiality of your Participant Account password and for restricting access to your personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) so that others may not access the Program or your Participant Account using your name, username, or password; (iv) You will immediately notify us of any unauthorized use of your Participant Account, password, or username, or any other breach of security by contacting us using the “Contact Us” feature on the Website; and (v) You will not sell, transfer, or assign your Participant Account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your participation in the Program. We also reserve the more general and broad right to terminate your Participant Account or suspend or otherwise deny you access to either of them or their benefits – all in our sole discretion, for any reason, and without advance notice or liability.
The Program is open to active, eligible Participants. An eligible Participant is an individual natural person who is: (i) physically located and resides in the fifty (50) United States or the District of Columbia; (ii) 18 years old or older at the time of enrollment; and (iii) an owner or manager of a U.S. business that purchases and installs commercial or residential boilers in the U.S. In order to access and use the Program, Participants must have a Device that is capable of accessing the Internet. Employees, officers, directors of Sponsor, Administrator, their parent companies, and each of their respective subsidiaries and affiliated companies, advertising/promotion agencies, entities or individuals engaged in the development, administration, production, or distribution of materials for, or implementation of the Program (collectively referred to herein as the “Program Entities”), and the immediate family members (i.e., spouse, siblings, children and parents including foster and step-relations) or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to participate in the Program.
IMPORTANT NOTICE: Participants have the responsibility to review and understand applicable government policies and/or their employer’s policies and all applicable laws, rules and regulations (“laws”) regarding eligibility to participate in trade promotions, including this Program. If an individual is participating in violation of their employer’s policies or laws, that individual will be disqualified from this Promotion, or from receiving a prize, in Sponsor’s sole discretion. Sponsor and Administrator disclaim any and all liability and responsibility related to this matter.
By accessing the Website or participating in the Program, such action constitutes Participant’s full and unconditional agreement to these Terms. Sponsor reserves the right to revise or change these Terms at any time. If the Terms are updated, any changes will apply to all Participants enrolled in the Program on the date the revised Terms are posted on the Website. AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE PROGRAM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted Terms each time you use the Program (at least prior to each transaction or submission). The revised Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail you associated with your Participant Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Program and related services. A Participant’s continued participation in the Program constitutes the Participant’s acceptance of any changes to these Terms. The most current version of these Terms will be available on the Website.
A Participant may not: (a) activate or use more than one Participant Account, name or email address; (b) use the name of another person without authorization of that person; (c) use a false or misleading name, address, or e-mail address to activate or use a Participant Account; or (d) present or supply false or misleading information to Sponsor, Administrator, or any entity involved in the Program.
Each Participant is limited to one (1) Participant Account, which includes one (1) Boiler Bucks account. Limit one (1) Participant Account per business. Any duplicate Participant Accounts are subject to cancellation, and any Boiler Bucks accumulated in both Participant Accounts will be forfeited. A Participant Account cannot be used or accessed by multiple persons. Participants must keep all registration information current at all times. Participants may update their registration information by logging into the user information section of the Website.
In the event of a dispute over the identity of a Participant or entrant in a Program promotion, the entry or other submission will be deemed submitted by the Authorized Account Holder. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an internet service provider, on-line service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning the e-mail address or the domain associated with the e-mail address submitted.
D. Activities & Boiler Bucks
During the Program Period, Sponsor may, but without obligation, from time to time, offer activities (“Activities”) which may award Boiler Bucks or prizes for the Participant who participates in that Activity and fully completes the Activity’s requirements. Activities will vary and are subject to change, but are anticipated to include, but are not limited to, contests, sweepstakes, instant win promotions, challenges, polls, quizzes, and/or reporting of boiler purchases, and any other similar or dissimilar activities added by Sponsor. A Participant must be registered and have a Participant Account in good-standing to participate in any Activities and collect Boiler Bucks. Participant Account “in good-standing” means, among other things, that the Participant Account has not been subject to any inquiry for fraud or other suspect activity, all Boiler Bucks therein are earned by valid means, and the Participant Account is maintained by an eligible Participant, pursuant to these Terms. Each Activity may have a begin/end date, and specific rules or instructions which govern it; specific details, added limitations and restrictions for an Activity will be posted on the Website and are incorporated herein. Actions (even if they are considered Activities) taken prior to Program sign-up are not eligible to earn Boiler Bucks, except to the extent expressly indicated, if any. We may impose limits on certain features, Activities, promotions or services, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.
Boiler Bucks can only be earned on eligible Website Activities offered in connection with the Program that are open and active at the time the Participant accesses the Website. Sponsor reserves the right to terminate, cancel, extend, shorten or modify any element of the Program, or any element thereof at any time, in its sole discretion. A Participant may only complete each Activity one time, unless otherwise note on the Website. Options to earn additional Boiler Bucks via non-Website related Activities may be provided by us at the sole discretion of the Sponsor.
Boiler Bucks awarded in conjunction with an Activity will only be considered earned when a Participant completes that Activity in accordance with the instructions provided and is presented with a closing/confirmation page on the Website or other closing/confirmation notification provided by us at our sole discretion (e.g., e-mail, mail). Boiler Bucks earned for completing Activities will vary by Activity; the number of Boiler Bucks earned for completing a specific Activity will be posted on the Website. We reserve the right, in our sole discretion, at any time during the duration of this Program, all as set forth in these Terms, to: (i) change the number of Boiler Bucks awarded, or to award no Boiler Bucks, for any particular Activity, (ii) offer additional or new Activities for a limited time or permanently, (iii) delete any or all means to earn Boiler Bucks, (iv) limit the number of times or frequency a Participant may earn Boiler Bucks for engaging in a Activity, and (v) offer Boiler Bucks earning opportunities to select groups of Participants. Also, we may offer Boiler Bucks for engaging in a Activity under one set of rules for one promotion, and may opt not to offer Boiler Bucks for engaging in that same activity under a subsequent promotion. Once earned, Boiler Bucks can be used as soon as they are reflected in the Participant’s Account balance and/or may be accrued over time for later use. It is anticipated that Boiler Bucks will be deposited into a Participant’s Account on or within one (1) week after an Activity has been completed unless otherwise noted by Sponsor. Boiler Bucks earned through non-Website related promotions will be reflected in the Participant’s Account within two (2) weeks of completing the required promotional action, unless otherwise noted by Sponsor. Boiler Bucks are always subject to verification and eligibility determined by us, in our sole and absolute discretion.
Participants acknowledge that Sponsor is under no obligation to provide any or a particular number of promotional opportunities to earn Boiler Bucks. Participant’s Account balance, as displayed on the Website, is composed of Boiler Bucks that are available for use. Boiler Bucks used for the redemption of Rewards including merchandise or participation in online Activities will be immediately deducted from the Participant’s Boiler Bucks balance upon confirmation of the transaction. Boiler Bucks may be used one (1) time only. Sponsor will use reasonable efforts to ensure Boiler Bucks are allocated and accrued correctly; however, Participants should review their Participant Accounts to ensure that their Boiler Bucks are properly credited. If a Participant believes that their Participant Account balance is incorrect, within six (6) weeks of the applicable Activity in which Participant did not receive Boiler Bucks, the Participant should go to the “Contact Us” page on the Website. The submission should include the Participant’s name, email address and specific information concerning the Boiler Bucks in question. Sponsor will investigate the matter and respond back to the Participant. Boiler Bucks subsequently determined, in the sole discretion of Sponsor, to be invalid, will be removed from a Participant’s accumulation total. All decisions made by Sponsor are final and binding.
Boiler Bucks have no cash value and may not be used as legal tender. Any Boiler Bucks you earn by completing an Activity are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the earning of Rewards. Accordingly, Participant has no property, proprietary, intellectual property, ownership, or monetary interest in his/her Boiler Bucks, which remain Sponsor property at all times. Boiler Bucks have no “real world” value and are not redeemable for cash, transferable or assignable for any reason or otherwise by operation of law. Boiler Bucks have no purpose or use except in exchange for Rewards (if any) offered through the Program. Boiler Bucks may be revoked at any time by Sponsor as set forth in these Terms. Participants may not combine, accumulate, or transfer Boiler Bucks with other Participants’ Accounts. Boiler Bucks are not considered to be property of a Participant and as such, a Participant cannot purchase, sell, barter, trade, transfer, or assign their Boiler Bucks to any other person and Boiler Bucks are not transferable as part of a domestic relations matter or otherwise by operation of law. Any attempt to combine or transfer Boiler Bucks will result in disqualification from the Program and forfeiture of all Boiler Bucks in any Participant’s Account. Boiler Bucks will not be valid unless earned in strict compliance with the requirements as established and intended by us, and Participant shall not attempt to earn Boiler Bucks by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Sponsor reserves the right, in its sole discretion, to take any other action it deems appropriate in the event it believes a Participant may have violated this provision. You agree to abide by Sponsor’s final and binding decisions regarding the Program and your participation in it.
E. Boiler Bucks Expiration and Forfeiture for Participant Account Cancellation or Inactivity
Unused Boiler Bucks will expire at 11:59 p.m. CT on the last day of the calendar month that is twelve (12) months from the date on which they were earned. (By way of example, Boiler Bucks earned on January 10, 2015, will therefore expire on January 31, 2016 at 11:59 p.m. CT.) Boiler Bucks are redeemed or expire on a first-in, first-out basis, so that the first Boiler Bucks you earn are used first, before later earned Boiler Bucks will be used.
Sponsor may terminate any Participant’s Account, in its sole discretion, if a Participant has been inactive for a period of six (6) months or more; or if the Participant is in violation of any of these Terms, including, without limitation, failure to follow Program policies and procedures, the sale or barter of merchandise/Rewards/prizes or Boiler Bucks and any misrepresentation of fact relating thereto or other improper conduct as determined by Sponsor. Please note that Sponsor reserves the right to institute additional expiration dates for Boiler Bucks, as determined in our sole discretion. Upon termination of a Participant’s Account by Sponsor, the Boiler Bucks within the Participant’s Account will be immediately forfeited. If a Participant is disqualified or if Boiler Bucks/Rewards are forfeited for any reason, as stated in these Terms, the Boiler Bucks/Rewards will be void, will not be reinstated, and Participant will not be compensated therefor in any manner. In Sponsor’s sole discretion, Participant may be disqualified from future participation in the Program or similar Sponsor loyalty programs.
Participants may terminate their enrollment at any time by logging into the Website and requesting that their Participant Account be terminated through the “Contact Us” feature on the Website. By terminating enrollment, all of Participant’s accumulated Boiler Bucks will be immediately forfeited.
Participants will have at least thirty (30) days after the Program end date (or otherwise the specific number of days noted in the Program ending announcement) during which to redeem any remaining Boiler Bucks in their Participant Account provided; however, that Sponsor may designate less than thirty (30) days, if required, in Sponsor’s sole discretion. After such period, all Boiler Bucks will expire and the Program will no longer be available, and no further liability will be owed by us to any Participant. Any Boiler Bucks remaining in a Participant Account thirty (30) days after the Program Period end date will be forfeited without compensation.
F. Rewards and Redemption
1. Rewards Generally. Once earned, Boiler Bucks will be deposited into your Participant Account and can be used to acquire Rewards such as merchandise, offers and other items of value from the Rewards section of the Program Website, while supplies last. Rewards, and the redemption thereof, and any other related information are subject to prior confirmation of eligibility, compliance with these Terms, and verification of a potential Participant; Rewards will not be awarded until Participant recipient is confirmed and the verification process is complete, in Sponsor’s absolute discretion. The items listed as Rewards on the Website will fluctuate as available items are redeemed and additional items are added by Sponsor. Merchandise/items/prizes pictured as Rewards on the Website may not necessarily reflect exact colors, styles, or models of actual Reward due to printing variations and/or manufacturer’s updates. Sponsor makes no representations, warranties, or guarantees that any particular Reward will be (or will continue to be) available or offered in the Program. Reward availability is limited and is on a first-come, first-served basis. Sponsor reserves the absolute right to modify, change, delete or add Rewards, or any element thereof at any time. Sponsor reserves the right to modify the Boiler BucksTM value(s) for any Reward, at any time and for any reason, during the Program Period. Refunds, exchanges and other issues regarding the merchandise or item redeemed as a Reward are governed by the third party vendor’s terms and conditions applicable to the redemption and are not the responsibility of Sponsor or any other party involved with this Program. All Boiler Bucks redemptions are final.
2. Redemption of Boiler Bucks. To spend/redeem your Boiler Bucks, navigate through the items listed on the Rewards section of the Program Website. You can choose any item still available for which you have accumulated sufficient Boiler Bucks for redemption. Select the item you wish to redeem and follow the instructions to complete the redemption process. As part of the redemption process, you will receive a confirmation email that your order has been received. Emails will be sent to the email address associated with the Participant’s Account. The total number of Boiler Bucks a Participant can use to redeem an item at any given time is the total number of Boiler Bucks available in their Participant Account at the time of redemption. Once a Participant has ordered an item from the Rewards section of the Program Website, the order is final and the appropriate number of Boiler Bucks will be deducted immediately from their Participant Account.
3. Provide Accurate Information. Each Participant is responsible for ensuring the mailing address associated with his/her Participant Account is accurate and up to date. We are not responsible for non-receipt of an item shipped to the mailing address associated with a Participant’s Account. Changes to Participant Accounts, or the information in them, should only be made by the Participant to whom such accounts belong.
4. Boiler BucksTM Redemptions are Final. All Boiler BucksTM redemptions for items are final. Boiler Bucks will not be refunded or placed back in a Participant’s Account. We will not refund any quantity of redeemable Boiler Bucks for any reason after an order has been placed. ; Merchandise may not be returned except if item is damaged or defective, in which case item will be replaced with the same or like item.
5. Rewards with Limited Availability. Some items available in the Rewards section of the Program Website may be available in limited quantities, or for a limited time, and will be noted as such. Once the total available number of any such item have been claimed, or once the limited time to redeem such an item has expired, that item will be removed from the Rewards section of the Program Website. If there is a particular Reward offered that you would like to receive, you should redeem your Boiler Bucks for that Reward as soon as possible (once you have enough Boiler Bucks) because supplies or redemption time may be limited and the Program may be discontinued at any time in our sole discretion. Rewards may be awarded on a first-come, first-served and while-supplies-last basis. If you redeem your Boiler Bucks for a Reward and we determine that the Reward was unavailable, out of stock or for whatever reason cannot be provided to you, we will “refund” the Boiler Bucks that you exchanged for the Reward.
6. Boiler BucksTM Conversion. From time to time we may make items available in the Rewards section of the Program Website that will allow you to convert your accrued Boiler Bucks into Rewards such as gift cards or similar items based on a pre-determined conversion ratio set by us. You understand and agree that we may set the Boiler Bucks conversion ratio for any such Rewards in our sole and absolute discretion and we may change such conversion ratio at any time throughout the Program Period. The conversion ratio for Boiler Bucks into Rewards may vary among retailers or Rewards providers.
7. Rewards Sweepstakes. From time to time, as part of the Program activities, Sponsor may elect to conduct sweepstakes, some of which may be open for entry only to Participants and other which may be open to the general public (each a “Sweepstakes”). All Sweepstakes are subject to all rules, terms and conditions of the Sweepstakes, and described in the Official Rules that accompanies the Sweepstakes. Methods of entry into the various Sweepstakes will be detailed in the Official Rules for the Sweepstakes.
8. Other Terms Applicable to Rewards. Certain Rewards, such as higher value merchandise, trips, participation in offers, promotions or events, and/or items with additional terms imposed by the issuer, supplier, vendor, manufacturer, provider of merchandise, items or prizes, or Sponsor will have added restrictions and limitations, which may vary from these Terms (such as age eligibility requirements, imposition of expiry dates, redemption limits, etc.). If, through no fault of their own, a Participant does not qualify for a Reward (because they do not satisfy the additional restrictions and/or limitations particular to such Reward) their Boiler Bucks will be returned to the Participant’s Account. Certain Rewards will require the potential Participant to first properly execute, have notarized and timely return an Affidavit of Eligibility, Liability and Publicity Release (or other release documents required by the Reward vendor) as part of the redemption process, or else that individual will not qualify as eligible to redeem that particular Reward. Each Participant agrees to be bound to these Terms, to comply with Sponsor’s redemption and verification process and requirements, and any individual Rewards description, requirements and limitations indicated on the Website and/or terms established by the Sponsor or Administrator, all of which are hereby incorporated herein. Unless otherwise stated in connection with a particular Reward, a Reward must be utilized only by the Participant, may be used one time only, and cannot be transferred or assigned. Some Rewards may have age eligibility requirements. We reserve the right to verify your eligibility qualifications prior to fulfilling a reward.
Any Rewards, whether earned through the redemption of Boiler Bucks or won/earned through Website Activities, will be delivered via mail or email, as solely determined by Sponsor. All Rewards will be delivered to the U.S. mailing address/email address as listed in the Participant’s Account. Rewards will be shipped via U.S. mail (or other carrier at the discretion of Sponsor) within four to eight (8) weeks from date of order/notification unless the Program states a different schedule or the particular reward you ordered is limited in quantity, backordered, or out of stock. Merchandise can only be shipped within the U.S. Some merchandise cannot be shipped to a P.O. Box, in which case the Participant will be asked to provide a street address. Sponsor reserves the right to substitute unavailable Rewards with merchandise of equal or greater value. Rewards in the form of online gift certificates/cards/codes will be sent via e-mail to the e-mail address listed in the Participant’s Account within four (4) weeks from the date of the order/notification. Rewards that are undeliverable for whatever reason (including because your Program information is incorrect) will not be re-sent and are forfeited, and the Boiler Bucks will not be refunded.
Participants are responsible for all applicable federal, state and local taxes, including income tax liability, associated with any item or Reward acquired under the Program. Sponsor will pay any applicable sales tax. If Participant has redeemed, earned or won a Reward or aggregate of Rewards valued at $600 or over, that Participant will be required to complete a W-9, and the value of that item(s) will be reported to the IRS. Participants obtaining any item(s) with a combined total value equal to $600 or more in any single calendar year will be required to provide his/her Social Security Number within the timeframe specified for tax reporting purposes prior to the shipment of the item(s). Further, Participant will be issued a 1099-MISC from Administrator for the value of the Reward(s) received. Any required documentation, as determined by Sponsor, must be properly completed and returned within fourteen (14) days of notification. Non-compliance or failure to timely complete and return required documentation will result in ineligibility to redeem/forfeiture of said Reward (s) and any Boiler Bucks used in association with such item(s). If any item or e-mail notification is returned as undeliverable, item and any Boiler Bucks used in association with such item, may be forfeited (at the Sponsor’s sole and absolute discretion), and Sponsor shall have no further obligation to award said item. Participant acknowledges that Sponsor may be required to provide or supply certain information to applicable government agencies or departments in regards to any payments or items earned in connection with the Program. Participant agrees to provide Sponsor with all required information to assist Sponsor in complying with its reporting or withholding obligations.
SPONSOR DOES NOT ENDORSE, OR ASSUME LIABILITY OR RESPONSIBILITY FOR: (A) ANY OF THE SUPPLIERS, MANUFACTURERS, OR PROVIDERS OF MERCHANDISE, REWARDS, ITEMS OR PRIZES (COLLECTIVELY, “ITEM SUPPLIERS”); (B) ANY OF SAID ITEM SUPPLIERS’ PRODUCTS, SERVICES, ITEMS OR GIFT CARDS; AND (C) FOR ANY OF SAID ITEM SUPPLIERS’ PRACTICES, POLICIES OR TERMS AND CONDITIONS.
THE PROGRAM MERCHANDISE, REWARDS, ITEMS OR PRIZES ARE PROVIDED TO PARTICIPANTS “AS IS” AND SPONSOR DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
H. Modifications and Termination of the Program
Sponsor reserves the right to modify the Program , or any element thereof, including, but not limited to, these Terms set forth herein - including, but not limited to, methods by which Participants can earn Boiler Bucks, the number of Boiler Bucks associated with an Activity, the number of Boiler Bucks that may be utilized through the Program, Rewards and any of the options made available to Participants with respect to their Participant Accounts - at any time, with or without notice, even though these changes may affect a Participant’s ability to use or accrue his/her Boiler Bucks.
Sponsor reserves the right, in its sole discretion to shorten, extend, modify, cancel or terminate the Program in whole or in part at any time, for any reason even though termination may affect a Participant’s ability to accrue or use his/her Boiler Bucks. In the event a Program is terminated, a notice will be posted on the Website and if reasonably commercially practicable to do so notice will also be sent to all Participants via e-mail at least thirty (30) days prior to the date of termination provided; however, that Sponsor may designate less than thirty (30) days, if required, in Sponsor’s sole discretion. Participants will have until the stated date of Program termination to redeem their Boiler Bucks.
If for any reason the Program, or any element thereof, is impaired, not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, cheating, bots/scripts, mechanical or other artifice, regularly-scheduled maintenance, equipment failure, technical failures, a force majeure event, or any other causes similar or dissimilar which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, or any element thereof (as determined by Sponsor in its sole and absolute discretion), Sponsor reserves the right at its sole discretion to rescind Boiler Bucks or forfeit a Reward (even if already redeemed but not yet utilized), or to modify the Program or any element thereof in a manner that best conforms to the spirit of these Terms without suspending it, suspend the Program or any element thereof to address the impairment and then resume in a manner that best conforms to the spirit of these Terms; or cancel, terminate, modify or suspend the Program, or any part thereof. Only if, in Sponsor’s sole discretion, it is reasonably commercially practicable and equitable given the situation affecting the Program, Sponsor will attempt to provide Participants ten (10) business days from the date Program termination is announced to redeem any Rewards with eligible, non-suspect Boiler Bucks.
Without limitation, if any suspected attempt, directly or indirectly, by any individual or Participant to use or benefit from the use of mechanical artifice, robotic, repetitive, automatic, bots/scripts, programmed or similar participation or other methods or agents (or Boiler Bucks accrual or entry services) occurs, then Sponsor may, in its sole discretion, immediately invalidate the Participant Account, Boiler Bucks and/or Rewards of such individual(s) suspected of engaging in or benefiting from such methods, and the subject Participant will be disqualified from the Program permanently. Sponsor reserves the right to review any Participant’s participation, logs, and activities of any individual and/or Participant Account.
Sponsor reserves the right to suspend or terminate any Participant who, in its sole discretion, is suspected of cheating, engaging in any fraudulent activity or artifice or uses the Program in a manner in violation of or inconsistent with these Terms, or any federal, state or local, laws, statutes or ordinances. Suspension or termination may result in the loss of all accumulated Boiler Bucks, and/or Rewards without compensation therefor.
I. General Conditions
Sponsor has the sole discretion to interpret and apply the Terms for the Program. All issues, concerns, questions or disputes regarding the Program, or any element thereof, including, but not limited to, participation and/or a Participant’s compliance with these Terms will be resolved by Sponsor in its sole discretion, which decisions shall be final and binding in all respects. Sponsor is not responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.
Each Participant is responsible for all usage or activity on their Participant Account and all information, passwords, and access in connection therewith.
Neither Sponsor nor other Program Entities or agencies are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, returned, or undelivered mail or e-mail, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, app, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of information, nor for the failure to capture any such information. Persons who tamper with or abuse any aspect of the Program or Website, as solely determined by the Sponsor, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DAMAGE THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to Participants’ or to any other person’s computer or mobile device related to or resulting from participating in this Program or downloading materials from or use of the Website. Should any portion of the Program be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes similar or dissimilar which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or application or execution of the Program, in whole or in part, or any element thereof, Sponsor reserves the right at, its sole discretion, to suspend, modify or terminate the Program, or any element thereof, and react in a manner deemed fair and appropriate by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, Program materials and/or any other information relating to this Program, these Terms shall govern.
Program Entities shall not be liable to Participants or any other person or entity for failure to execute the Program or any element thereof or supply an item or prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect. To the extent permitted by applicable law, Participants waive any applicable statutory and common law that may permit a contract to be construed against its drafter.
When Participants communicate with us electronically, such as via e-mail and text message, Participants consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. Participants agree that all agreements, notices, disclosures, and other communications that we provide to Participants electronically satisfy any legal requirement that such communications be in writing.
We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Website’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any Additional Terms; and (vi) discontinue the Program, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate Participant’s access to it, in whole or in part, including any Participant Accounts or registrations, at any time, without notice, for any reason and without any obligation to Participants or any third party. Any suspension or termination will not affect a Participant’s obligations to us under these Terms or any Additional Terms. Upon suspension or termination of Participant’s access to the Program, or upon notice from us, all rights granted to Participants under these Terms will cease immediately, and Participants agree that they will immediately discontinue use of the Program. The provisions of these Terms and any Additional Terms, which by their nature should survive suspension or termination will survive, including the rights and licenses Participants grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
We may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by Participants, and Participants may not delegate Participant’s duties under them, without the prior written consent of an officer of Sponsor.
Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by Participants or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Participants are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for Participant’s access to and use of the Program and Participants will be responsible for all charges related to them.
J. Limitation of Liability
BY PARTICIPATING IN THE PROGRAM, PARTICIPANTS AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, ADMINISTRATOR, OTHER PROGRAM ENTITIES, AND THEIR PARENT, AFFILIATED AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, ASSIGNS AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION OR OTHER LEGAL PROCEEDINGS ARE COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF INTELLECTUAL PROPERTY, PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF: (A) THE PROGRAM AND WEBSITE, IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, PARTICIPANT’S USE OF OR INABILITY TO USE THE PROGRAM OR WEBSITE OR THE PERFORMANCE OF THE PROGRAM OR WEBSITE; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY RELEASED PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING PARTICIPANT’S ACCESS TO OR USE OF THE PROGRAM; (C) ANY ERRORS OR OMISSIONS IN THE PROGRAM’S OR WEBSITE’S TECHNICAL OPERATION; (D) ANY DAMAGE TO ANY USER’S DEVICE, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION; (E) THE ACCEPTANCE, POSSESSION, USE, MISDIRECTION, OR MISUSE OF AN ITEM, REWARD OR PRIZE OR ANY ELEMENT THEREOF, AND (F) PARTICIPATION IN THE PROGRAM AND/OR PROGRAM RELATED ACTIVITY. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Released Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether Participants bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Program). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply. Participants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release to the fullest extent permitted by law.
In no event will the Released Parties be responsible or liable for any indirect, incidental, consequential or punitive damages arising out of this Program, participation in Program and/or related Activities, the use or misuse of an item or prize or any element thereof, or access to, and use of any participating Website(s)/App or the downloading from and/or printing material downloaded from said site(s). Without limiting the foregoing, everything on the Website, INCLUDING THE PROGRAM, is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RELEASED PARTIES’ TOTAL LIABILITY TO PARTICIPANTS, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH PARTICIPANT’S ACCESS TO AND USE OF THE PROGRAM AND PARTICIPANT’S RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SPONSOR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY SPONSOR OR AN ITEM SUPPLIER.
BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING, ANY CLAIM OR ACTION RELATED TO PROGRAM MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
K. Participant’s Right of Publicity License
By participating in the Program, Participants hereby irrevocably grant, where lawful, the non-exclusive, royalty-free, irrevocable right to the use (but without obligation) by Sponsor (and their affiliated companies and their respective authorized representatives) of their name, image, photographs, videotape, electronic record, likeness, hometown name, biographical information, voice as well as any statements made by Participants regarding the Program or Sponsor (provided they are true) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including, but not limited to, the Internet, mobile devices, World Wide Web, and any other method of electronic or paper publication, now or existing in the future, without additional compensation, and without the right of review, notification or approval.
Fraud or abuse relating to the registration process, providing of personal information, or redemption of items is a violation of these Terms. Users are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a Participant’s password. Participants agree to immediately notify Sponsor of any unauthorized use of their account or any other breach of security known to them. The Program is a service provided to an individual Participant, not a company or other entity, and Sponsor reserves the right to terminate or suspend a Participant’s participation in the Program and/or void a Participant’s Boiler Bucks if any Participant engages in fraudulent or improper activity or otherwise uses this Program other than in accordance with these Terms and applicable law.
In exchange for allowing participant to initially register and particIpate in the Program, Participants agree to indemnify, defend (at our option) and hold us harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) Participant’s use of the Program and his/her activities in connection with the Program; (ii) Participant’s breach or anticipatory breach of these Terms or any Additional Terms; (iii) Participant’s violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Participant’s use of the Program or Participant’s activities in connection with the website and the Program; (iv) information or material transmitted through Participant’s Device, even if not submitted by Participant, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by Participants; and (vi) our use of the information that Participant’s submit to us (all of the foregoing, “Claims and Losses”). Participants will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. Participants will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Sponsor. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
N. Waiver of Injunctive or Other Equitable Relief
IF A PARTICIPANT CLAIMS THAT HE/SHE HAS INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH HIS/HER PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE ANY PARTICIPANT TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH ANY CLAIM, PARTICIPANTS AGREE THAT THEY WILL NOT SEEK, AND THAT THEY WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE PROGRAM, ANY REWARD ACTIVITY, ANY WEBSITES, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF SPONSOR.
O. AGREEMENT TO ARBITRATION/DISPUTES
As a condition of participating in this Program, Participants agree that any and all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, Participant’s rights and obligations, or the rights and obligations of the of the Sponsor and Administrator in connection with the Program, and any other disputes that cannot be informally resolved between the parties arising out of or connected with this Program, or any element thereof, shall be resolved individually, without claim or resort to any form of class action, exclusively before a neutral one-person arbitration panel located in Chicago, IL; provided, however, the Sponsor and Administrator shall be entitled to seek injunctive or equitable relief in the state and federal courts in Chicago, Illinois, and any other court with jurisdiction over the parties. The arbitration shall be binding and conducted through the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. The arbitrator shall facilitate discovery but only one (1) deposition shall be permitted per party unless otherwise agreed. Within thirty (30) days of selecting the arbitrator, the filing party shall provide copies of all evidence in its possession that supports its demand. Within thirty (30) days of receipt of such information, the receiving party shall produce all evidence that supports its defense. The arbitration must be completed through the rendering of award within six (6) months of selection of the arbitrator. The hearing shall be no longer than three (3) consecutive business days equally divided between the parties. The arbitrator may award monetary damages only and may not include any exemplary or punitive damages. If an in-person hearing is required, then it will take place in Chicago, Illinois; provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. Federal and Delaware state law will apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in Chicago, Illinois. The administrative and arbitrator's fees shall be shared evenly between the parties.
P. Communications, Notices and Customer Service
By signing-up for the Program, Participants agree that: (i) we may give you notices of important matters by prominently posting notice on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses provided in your Participant Account. These communications may include marketing communications about the Program as well as other promotional offers unrelated to the Program and you consent to receive these communications from us even if you previously indicated to us that you no longer wanted to receive communications from us. Your sign-up to the Program will serve as your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that you receive from us relating to the Program by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if you change your e-mail or mailing address by updating your Participant Account.
If you have a question regarding using the Program, you may contact us using the “Contact Us” form available on the Website. You acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind.
© 2015 The Marley-Wylain Company