BAUSCH + LOMB® HORIZON REWARDS
OFFICIAL TERMS & CONDITIONS
THIS PROGRAM IS INTENDED FOR VIEWING AND PARTICIPATION IN THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA AND PUERTO RICO. VOID IN THE U.S. VIRGIN ISLANDS AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
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 COMPONENTS AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT YOUR ABILITY TO EARN OR USE POINTS AND/OR TOKENS. YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY ANY MODIFICATIONS HEREOF AFTER NOTICE HAS BEEN GIVEN/POSTED OF ANY SIGNIFICANT CHANGES.
Sponsor: BAUSCH + LOMB® Horizon Rewards (the “Program”) is sponsored by Bausch + Lomb, a division of Valeant Pharmaceuticals North America LLC (“Sponsor”), 400 Somerset Corporate Boulevard, Bridgewater, New Jersey 08807.
Eligibility: This Program is open to all residents of the 50 United States, the District of Columbia, and Puerto Rico, who are at least 18 years of age or older at the time of registration (except for residents of Alabama and Nebraska who must be at least 19 years of age), and have a valid email address. The Program is void in the U.S. Virgin Islands, other U.S. territories and possessions, outside the United States, and where prohibited by law. Persons in any of the following categories are NOT eligible to participate in the Program: (a) any person who, at any time after July 1, 2017, was or is a director, officer, agent, representative, or employee of Sponsor, or its parent, affiliates, subsidiaries, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Program or engaged in the administration or execution of this Program; and (c) persons who are or purport to be immediate family members (defined as (biological or step-) mother, father, sister, brother, daughter, son, dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Program Term, whether related or not) as any person in any of the preceding categories. Program is subject to all applicable federal, state and local laws and regulations.
Program Term: The Program begins on July 1, 2017 at 9:00:00 AM Central Time (“CT”) (“Start Date”) and ends on December 31, 2018 at 11:59:59 PM CT (“End Date”) (“Program Term”).
How to Register for the Program: Become a member (“Member”) of the Program by visiting BauschRewards.com (the “Website”) and registering. To register, you will be requested to provide your full name (with prefix), Zip Code, date of birth, email address and password, and confirm that you accept these Official Terms and Conditions. Once you are registered, you can sign into your account (“Member Account”) at the Website with your email address and password. Email addresses from temporary or “disposable” email services/domains may not be used for registration. Members shall be responsible for maintaining and updating their registration and contact information from time to time, to ensure that it is always current, complete and accurate.
How to Participate by Earning Points and/or Tokens: Points and Tokens are earned by different methods, and may be redeemed for different items (See Section #6 for How to Redeem Points and/or Tokens).
How to Earn Points: Various Point-earning offers may be made available from time to time, whereby Points may be earned by eligible purchases of participating Bausch + Lomb contact lens products. Go to your eye care professional to obtain a Points Offer Form, which will include an Offer Code to be entered on the Website to start your claim.
Your claim must be submitted on the Website using the Contact Lens Purchase Claim Form provided on the Website (“Claim Form”, once submitted, a “Points Claim”). Your completed Claim Form, to be eligible, must be accompanied by:
a legible image of your receipt, showing your purchase made within the time period indicated on the Points Offer Form (purchase date will be determined by the date on the receipt submitted); and
a legible image of the UPC(s) (1 or 2 UPCs per package, as applicable) from all eligible product packaging. Images must be .jpg or .png format, maximum of 5 MB in size.
The Points Offer Form will include the start and end dates for the applicable offer, details on offer limitations, as well as other relevant offer terms and conditions. Please refer to the Points Offer Form for full details on the applicable Points offer.
You may submit claims for your other household members (your children, as well as other household members with their consent) under your Member Account, according to the limitations stated on the Points Offer Form.
See Section #9, below, for more information on claims processing.
How to Earn Tokens: Tokens may be earned by two (2) methods:
Purchases of Participating Lens Care Products: Tokens may be earned by eligible purchases of participating Bausch + Lomb lens care products. Please consult the list of Participating Lens Care Products on the Website and the corresponding Token values for such products. Note that any participating products available and corresponding Token values may be subject to change from time to time in Sponsor's sole and absolute discretion. To submit a claim for Tokens (“Token Claim”), follow the instructions on the Website to upload a legible image of your receipt, specifically showing your purchase of participating lens care product(s) made within the Program Period (purchase date will be determined by the date on the receipt submitted). Images must be .jpg or .png format, maximum of 5 MB in size. Please retain your receipt for verification if required.
Token Claims must be submitted within 30 days of the date of purchase.
You may use your Member Account to submit the claims of your other household members (your children, as well as other household members with their consent), subject to the limitations below.
Limitation on Token Claims for lens care product purchases: Members may earn up to 60 Tokens per year per Member Account/household. A claim submitted under one Member Account may not be submitted under any other Member Account.
See Section #9, below, for more information on claims processing.
Engagement Activities: New activities (“Activities”) will be added to the Website from time to time, and may also be available on third-party websites or as special offers. Each Activity has a Token value associated with it. Activities may be completed as indicated in the “Earn” section of the Website for the number of Tokens indicated; there may be limitations on how often a single Activity may be completed for additional Tokens. Activities may include, but are not limited to:
- Logging in to the Website (Tokens may be earned one (1) time per calendar month)
- Reading a short article (Tokens may be earned one (1) time per article)
- Opening an email (Tokens may be earned one (1) time per email)
- Watch a short video (Tokens s may be earned one (1) time per video)
- Taking a quick survey (Tokens may be earned one (1) time per survey)
- Referring friends on social media or by email who register as Members of the Program (Tokens may be earned three (3) times per calendar month, each time a friend registers for the Program using the Member’s unique link)
- Following the Sponsor on specified social media (Tokens may be earned one (1) time per social media platform)
- Entering an Engagement Code (as defined in Section #11, below) as distributed by Sponsor (Tokens may be earned one (1) time per Engagement Code).
Note that not all of the Activities above may be available on the Website at all times.
Some Activities may require Members to link from the Program to other websites on the internet. These other websites are not under Sponsor’s control, and Member acknowledges and agrees that Sponsor is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the sponsor or any association with its operators. Additional or different terms and conditions may apply when Members are accessing and using such other websites.
How to Redeem Points and/or Tokens:
How to Redeem Tokens for an Entry into an Available Sweepstakes or Instant Win Game: Following the instructions on the Website, you may choose to redeem a certain number of Tokens (as indicated on the Website) for an entry into an available sweepstakes (each a “Sweepstakes”) or a time-seeded instant win game (each an “Instant Win Game”), all during the Program Term, and subject to the limitation in Section #8. In order to enter an available Sweepstakes and/or Instant Win Game you must first earn the required number of Tokens, and/or you may also redeem Points for Tokens to use for this purpose. Follow the instructions in the “Rewards” section of the Website to redeem Points for Tokens. Each Sweepstakes or Instant Win Game is subject to the Official Rules pertaining to such Sweepstakes or Instant Win Game. Official Rules will be available on the Website (and are incorporated herein by reference) with details regarding eligibility, entry deadlines, prizes available, odds of winning, and how to enter. Each time you enter a Sweepstakes or Instant Win Game, the applicable number of Tokens will be automatically deducted from your Member Account. There may be a limitation on the number of entries or game plays allowed per person for each Sweepstakes or Instant Win Game (as indicated on the Website). The number of Tokens required to be redeemed for an entry or game play into an available Sweepstakes or Instant Win Game may vary. All Sweepstakes and/or Instant Win Games available on the Website are void where prohibited.
NO PURCHASE NECESSARY TO ENTER/PLAY OR WIN. You may participate in a Sweepstakes and/or Instant Win Game without making a purchase, completing Activities or redeeming Tokens by following the instructions set forth in the Official Rules for such Sweepstakes or Instant Win Game.
How to Redeem Tokens for a Coupon: Following the instructions on the Website, and subject to the limitation in Section #8, below, you may choose to redeem a certain number of Tokens (as indicated on the Website) for an available Coupon. You may also choose to redeem Points for Tokens, which may then be used to redeem for Coupons. Each time you redeem for a Coupon, the applicable number of Points or Tokens will be automatically deducted from your Member Account. You will receive an email with instructions on how to claim your coupon. Coupons are subject to availability. Coupons are subject to the terms and conditions thereon, including the stated expiration date.
How to Redeem Points for a Gift Card: Tokens may not be redeemed for gift cards. Following the instructions on the Website, you may choose to redeem a certain number of Points (as indicated on the Website) for an available gift card. Items offered are subject to change at any given time in Sponsor's sole and absolute discretion, and are available while supplies last. Gift cards are subject to the terms thereon. Availability of items may vary throughout the Program Period. 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 “Rewards” section of the Website. 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 items available, select the item you wish to order and follow the instructions on the Website 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, and you will receive an email with instructions on how to claim your gift card. Sponsor reserves the right to cancel any item offered on the Website 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.
How to Redeem Points for Donations to a Charity: Tokens may not be redeemed for donations. Points can be redeemed for donations to a charity which may be available from time to time in the “Rewards” section of the Website. The value of the donation to be made for each Point donated will be specified on the Website. 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.
How to Redeem Points for Tokens: Following the instructions in the “Rewards” section of the Website, you may choose to redeem a certain number of Points for a certain number of Tokens as indicated on the Website. Each time you redeem Points for Tokens, the applicable number of Points will be automatically deducted from, and the applicable number of Tokens will be automatically credited to, your Member Account.
All Point and Token redemption requests must be received by the Program End Date.
Limitation of Accounts: One (1) Member Account is permitted per person/email address. If it is discovered that you have created multiple Member Accounts by using multiple email addresses or identities, all of your Member Accounts (and all associated Points and/or Tokens) may be void at the Sponsor's sole and absolute 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.
Limitation on Sweepstakes/Instant Win Game Prizes and Coupons: No single person/Member Account may receive more than USD $75.00 annually from the aggregate value of (i) Prizes awarded in a Sweepstakes and/or Instant Win Game, and (ii) Coupons. Any Sweepstakes, Instant Win Game, or Coupon will be made unavailable for entry or redemption on the Website by any Member Account that would cause it to surpass USD $75.00 in Prizes and/or Coupons received in the past 365 days as a result of a Prize win or redemption for that item.
Processing of Points Claims and Token Claims: Please allow up to approximately three (3) business days for your Claim to be reviewed. Sponsor reserves the right in its sole and absolute discretion to, but is not obliged to, contact a Member who has not submitted their Claim in accordance with these Official Terms and Conditions to request that a Claim be resubmitted within the timeframe requested. Sponsor reserves the right to invalidate Claims submitted if it determines, in its sole and absolute discretion, that such were improperly submitted or entered. Sponsor reserves the right in its sole and absolute discretion to delay the processing of any Claim without notice to you, in order to assure compliance with the Official Terms and Conditions outlined herein. Any images you upload which may contain personal information are uploaded at your own risk. Please do not submit any documentation that contains sensitive personal, financial or health information. Images will be stored for 30 days, after which time requests for Point or Token adjustments may not be made.
Points and Tokens: Points and Tokens accrued in the Program are non-transferable to other Member Accounts and cannot be combined with or shared with any other Member Account, even if Claims within a Member Account were made on behalf of other eligible household members. Points and Tokens do not constitute property, do not entitle a Member to a vested right or interest and have no cash or monetary value. Sponsor expressly reserves the right in its sole and absolute discretion to establish additional means of accruing Points and Tokens, to delete any or all of the means currently in effect, to exclude specific types of Activities from the accumulation of Points or Tokens and to specify periods after which unused Points and/or Tokens will be forfeited. If for any reason your Member Account is terminated by either you or the Sponsor, all of your Points and Tokens accrued will be forfeited. Unused Points and Tokens shall be deemed void upon the termination of the Program or such expiration period or date that we may impose from time to time. Points, Tokens, 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 or Tokens which Sponsor deems in its sole and absolute discretion to have been sold, traded, bartered, assigned or transferred may be confiscated and/or cancelled. Points and/or Tokens, once redeemed, cannot be returned, refunded, transferred or re-used. For clarity, Points redeemed for Tokens cannot be converted back into Points.
Codes: Each Code is a numeric or alphanumeric code that provides a limited-time offer to receive a certain number of Points or Tokens when entered. Codes may be either Offer Codes which allow access to Point-earning offers (see Section 5.a), or Engagement Codes which may be entered to earn Tokens (see Section 5.b(ii)). Engagement Codes may be distributed in a number of ways including, but not limited to, the following: print advertisements and/or communications made through the Website, email, and/or social media. Each Engagement Code can only be used once by a Member. Subsequent attempts to re-submit or re-use the same Engagement Code will be void and ineligible to earn Tokens. Each time you enter an Engagement Code, your Member Account will be credited with the appropriate number of Tokens corresponding to that Code. All Codes must be redeemed by the date indicated in the applicable communication, if any, or they will be void. We suggest you retain your original Codes for verification if required and for your records. All Codes are subject to verification at the sole discretion of Sponsor and its authorized agents. No Points or Tokens will be credited for any Code deemed void for any reason. Sponsor may, in its sole and absolute discretion, determine any Code to be void for any reason including but not limited to the following: Code is obtained through unauthorized or illegitimate sources/channels, including purchased or obtained at a live auction; Code is not verified or recognized as a valid Code issued by Sponsor; Code is determined to be previously entered and used; Code is incorrectly or incompletely entered or submitted; or Code contains printing or production errors, or any errors in any way. Only Codes obtained from methods approved by Sponsor are eligible.
Point and Token Balances: Sponsor will attempt to credit earned Points and Tokens on a timely basis. However, neither Sponsor nor its agents will be liable for any uncredited or misdirected Points or Tokens. Sponsor reserves the right to invalidate Points and/or Tokens if it determines, in its sole and absolute discretion, that such Points or Tokens were improperly credited or obtained fraudulently, or in a manner not described herein. Subject to forfeiture or any expiration, Points and Tokens will be maintained in your Member Account until they are redeemed in accordance with Section #6, or until the termination of the Program, whichever shall first occur. All decisions regarding Point and/or Token balances, redemptions, and forfeitures, and the identity of the individual accessing a Member Account, are within the Sponsor’s sole and absolute discretion.
Expiration of Point and Token Balances Due to Account Inactivity: Points and/or Tokens shall be maintained in the Member's Account until they are redeemed or until they expire as outlined herein, whichever occurs first. Points and/or Tokens in any Member Account in which no valid earning or redemption activity has occurred for twelve (12) consecutive calendar months will expire at the end of the last day of the twelfth month. Adjustments to Member Accounts by Sponsor will not be considered qualifying activity. Expired Points and Tokens will be removed from Member's Account. No extensions, cash refunds or other exchanges will be allowed for expired Points and/or Tokens.
Member Account Identity Dispute: In the event of a dispute regarding the identity of a registered Member 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 Official 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.
Conditions on Member Participation: By participating, all participants signify their agreement to be bound by these Official Terms and Conditions, 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 and absolute discretion, disqualify any individual from participating in any aspect of the Program, and/or may cancel, suspend or block any Member Account registered by such person 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 obtain Points and/or Tokens, as determined by Sponsor; or (e) engaging in any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (f) engaging in any activity deemed in sole and absolute discretion of Sponsor and its authorized agents to be generally inconsistent with the intended operation of the Website. 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.
Revisions and Modifications to Official Terms and Conditions: Sponsor reserves the right to revise any of the these Official Terms and Conditions, to apply on a prospective basis, at any time by updating this posting; revisions may include, but are not limited to, the duration of the Program, the methods and number of methods through which you may earn Points and Tokens (including without limitation the type or number of Activities), the type or number of Games of Chance, Sweepstakes, or other promotional activities which you may redeem your Points or Tokens to enter, the number of Points and/or Tokens that may be redeemed, and any of the options made available to you with respect to your Member Account. These revisions may be made at any time, even though these changes may affect your ability to earn or use Points and/or Tokens. Sponsor will use commercially reasonable efforts, in its sole and absolute discretion, to give notice of any material change. 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 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 all Points and/or Tokens accrued, as determined by Sponsor or its authorized agents, in their sole and absolute discretion.
Notice: Notwithstanding all of the above, should Sponsor decide to discontinue the Program before the End Date, Sponsor will attempt to give notice to users (as determined in Sponsor's sole and absolute discretion). Once the notice period has ended, Points and Tokens will no longer be redeemable, and all Points and Tokens automatically become void.
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 PROGRAM AGENCIES, AND 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 WEBSITE OR PROGRAM, INCLUDING BUT NOT LIMITED TO, PREPARING FOR, OR PARTICIPATING IN ANY PROGRAM RELATED ACTIVITY, INCLUDING THE REDEMPTION OF ANY POINTS OR TOKENS; (B) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE WEBSITE OR PROGRAM (INCLUDING WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THE WEBSITE, ANY TYPOGRAPHICAL, PRINTING, MECHANICAL, NETWORK, ELECTRONIC, HUMAN OR OTHER ERRORS, ERRORS THAT MAY OCCUR IN CONNECTION WITH THE ADMINISTRATION OF ANY COMPONENT OF THE WEBSITE OR PROGRAM, OR THE REDEMPTION AND ACCRUAL OF POINTS AND/OR TOKENS, OR ANY INACCURATE OR INCORRECT DATA CONTAINED ON THE WEBSITE OR PROGRAM); OR (C) THE PERFORMANCE OR NON-PERFORMANCE OF ANY COMPONENT OF THE WEBSITE OR PROGRAM BY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, EVEN IF CAUSED BY THE NEGLIGENCE OF SPONSOR OR ANY OF ITS AGENTS OR REPRESENTATIVES. 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 AGREE TO INDEMNIFY AND HOLD RELEASEES HARMLESS FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR ANY OTHER USER AUTHORIZED TO USE YOUR MEMBER ACCOUNT, INCLUDING, BUT NOT LIMITED TO, DISCLOSURE OF PASSWORDS TO THIRD PARTIES, ACCRUAL OF POINTS AND/OR TOKENS, OR REDEMPTION OF POINTS AND/OR TOKENS. PARTICIPANTS AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE OR THE PROGRAM SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Limitations Of Liability: No responsibility or liability is assumed by Releasees for: any technical problems or technical malfunction of any kind which may affect or interrupt the operation of the Program; inaccessibility of the Website or phone systems 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 Program; human error; destruction of any aspect of the Program or data thereof; or, inaccessibility or unavailability of a Member Account used in connection with the 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 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 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.
Conflicts in Terms: In the event of any conflict between any details contained in these Official Terms and Conditions and details contained in any other materials, the details of the Program as set forth in these Official Terms and Conditions shall prevail.
Severability: 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.
Arbitration and Governing Law: Any controversy or claim arising out of or relating to the Program shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the required claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS PROGRAM, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY POINTS OR TOKENS AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT. 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 Program, and/or for entering any judgment on an arbitration award, shall be governed by, and construed in accordance with, the substantive laws of the State of New Jersey without regard to New Jersey conflicts of laws principles. All participants consent to the jurisdiction and venue of the federal, state and local courts for Bridgewater, New Jersey.
No Waiver: 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.
Captions: 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.
Customer Care: Please review the Frequently Asked Questions on our Website. If your question has not been answered in the Frequently Asked Questions provided, please feel free to contact us via the Contact Us form on the Website
Complete Agreement: 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 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.