Brand Point PLUS™ Loyalty Program
TERMS AND CONDITIONS
PLEASE READ CAREFULLY. By reviewing these Terms and Conditions and clicking “I agree”, you agree to the following rules governing the Brand Points PLUS Loyalty Program.
Overview of the Brand Points PLUS™ Loyalty Program
The Brand Points PLUS Loyalty Program (the “Program”) is a loyalty program sponsored by Brand Points PLUS (“Sponsor”) through which foodservice operators may collect points by purchasing qualifying products from Member Manufacturers. The foodservice operator may then go to www.brandpointsplus.com to have their account credited with the points they have collected. Foodservice operators my redeem their points for merchandise or services available at www.brandpointsplus.com.
Duration of Program
Enrollments may take place effective May 18, 2007 at 12:00 a.m. CST. Valid purchases made to earn point for the Program begins June 1, 2007 at 12:00 a.m. CST. There is no expiration date, but the sponsor reserves the right to shorten, modify, or cancel the Program at its discretion, at any time.
Eligibility
The Program is open to legal residents of the 50 United States (and the District of Columbia) who are 18 years of age and older at the time of enrollment. Participation in the Program is limited to those Foodservice Operators who make purchase decisions and belong to any of the following operations: restaurants, bars, retail, travel, leisure, business and industry, colleges and universities, healthcare, convenience stores, supermarket, catering, vending and military. (“Operators”) Void where prohibited by law.
Enrolling in the Program
Operators may enroll in the Program at www.brandpointsplus.com (the “Website”). To join, an operator must click on the “Enroll now” button on the top of the page and follow the online instructions to create a Brand Points PLUS account (“Account”). Once Operators register, they will be enrolled in the program. The number of points collected by the Operator will be recorded and tracked in the Operators Account. An operator must have a unique valid email address to create an account. Limit 1 Account per Operator. The person who is the authorized email account holder of the email address indicated when registering for an Account will be deemed the participant. By enrolling in the program, operator certifies that the membership and participation in the program does not violate any policies or guidelines of their employer. Enrollment is free and there is no purchase necessary to enroll. Any changes to the operators account information may be updated on the website in the operator’s profile. To cancel an account, the operator may contact the programs support group. By enrolling in the program, operators are consenting to receive occasional emails, electronic newsletters or communications regarding the program and its Member Manufacturers. Operators who purchase participating products and have special contracts or pricing, or are under bid with the participating Member Manufacturers may be ineligible to earn points on those Member Manufacturers products.
Collecting Points
Collect points by purchasing qualifying products from the Member Manufacturers. When purchases have been completed a deposit can be made by visiting the website and clicking on the “Deposit Points” button on the top of the page. From there, you will be instructed on how to enter your purchase(s) to have points entered into your account. Once an operator completes the deposit the validation of the purchases and potential points earned will be subject to verification by a judging organization whose decisions on the outcome are in its sole discretion and are final and binding. Points will not be awarded until after the verification process is complete. As the points are being verified, they will be listed as “pending”. Once verified they will then either be credited into the operators account or deemed disqualified. Member Manufacturer and sponsor reserve the right to determine which products will be included as a participating product and eligible to earn points. Member Manufacturer and sponsor reserve the right to change the number of points awarded for purchases at any time during the Program. Points are non-transferable and may not be sold or combined with other Operators Accounts. Any attempt to sell, combine or transfer points will result in disqualification from the Program and forfeiture of all points in any Operators Account. Each Operator is responsible for ensuring the accuracy of his/her account and is encouraged to check Account regularly. If an Operator believes that points were not properly accrued, the Operator must notify the Brand Points PLUS support team within 15 days of the day the deposit had been entered on the Website. Member Manufacturers and Sponsor may offer special offers throughout the Program that may include bonus points or other additional incentives.
Redeeming Points for Rewards
Operators may redeem their points for merchandise, offers and other items of value (“Rewards”) listed in the “Rewards Catalog” section of the Website. The Website will list the Rewards and the corresponding point value required to redeem each item. Operators may choose any item still available for which you have accumulated sufficient points for redemption. Sponsor reserves the right to modify the list of merchandise and other items available for point redemption, as well as their corresponding point values, at any time during the Program without any notification. To redeem points, navigate through the items listed on the Website. Click the image corresponding to the item you wish to redeem and follow the online instructions to complete the process. As part of the redemption process, you will receive a confirmation email when applicable. Emails will be sent to the email address assigned to the Operators Account. Operators are responsible for ensuring that their Account information is accurate and current. All point redemptions are final. Refunds, exchanges and other issues are governed by the vendors’ terms and conditions applicable to the purchase and are not the responsibility of the Sponsor. When the reward has been ordered, the Operator’s Account will be debited for the amount of the item selected. Rewards will be shipped to a physical street address only. P.O. Boxes are not allowed. Please allow up to 6 weeks for delivery. Items will be shipped separately. Truck shipment is required for some items and Operators will be contacted for delivery arrangements. Damaged or defective items need to be communicated back to the Sponsor’s support group within 30 days of receipt. With the redemption of points for Rewards, the Operator accepts and acknowledges that the Sponsor, agents and representatives of Sponsor, their parent companies, affiliates, subsidiaries, advertising, promotion; and fulfillment agencies, and legal advisors are not responsible for and shall not be held liable for any injuries, losses, or damages of any kind arising in connection with or as a result of a Reward and the use or misuse of it. Reporting and payment of Federal, State and Local taxes are the sole responsibility of the Operator and the Operator agrees to hold the Sponsor of the Program harmless from liabilities. Operators are not subject to backup withholding due to failure to report interest and dividend income, and the Operator is either a U.S. citizen, or legal resident of the U.S.
General Terms and Conditions
Sponsor reserves the right to modify any of the Terms and Conditions set forth herein – including, but not limited to, the duration of the Program, the eligible products to be purchased, the number of points associated with the purchase of eligible products or other activities, the number of purchases through which the Operator may collect points, the number of points that may be redeemed through the Program, and any of the options made available to Operators with respect to their Accounts, at any time, with or without notice, even though these changes may affect the Operator’s ability to save or redeem points. Sponsor reserves the right to terminate the Program at any time, for any reason, with or without notice, even though the termination may result in the Operator’s ability to save or redeem points. In the event of termination, Operators will have 30 days from the Program’s termination announcement to redeem their points. Continued participation in the Program is acceptance of any changes to the Terms and Conditions listed. The Operator is held responsible for staying current on the latest terms and conditions published. The current version will supersede all previously published versions. The privacy policy that can be accessed on the Website will inform how the personal information collected will be used. The Sponsor reserves the right to terminate the participation of an Operator who is engaging in fraudulent activity or uses the Program in a manner inconsistent with the Terms and Conditions listed here or any federal, state or local laws, statutes or ordinances. In this such case, points saved may be lost and legal action taken. Website links provided are not controlled by the Sponsor, therefore accessing the other sites are at the Operators own risk. Sponsor is not responsible for any policies of these other websites.
Limitation of Liability
Brand Points PLUS is not responsible for incorrect or inaccurate transcription of data, for problems related to any of the equipment or programming associated with the Program or utilized by the Operator, for any human error, any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for any problems relating to computer equipment, software, inability to access the Website or online service, or any other technical or non-technical errors or malfunctions.
Under no circumstances, including but not limited to, negligence, shall any of the releasees be liable for any direct or indirect, incidental, special or consequential damages coming from the Program, even if any or all of the foregoing or any of their authorized representatives have been notified of the possibility of such damages. If the Sponsor incorrectly disqualifies an Operator of points, liability will be limited to the equivalent amount of points. By participating in the Program, an Operator agrees to waive any and all rights to bring any claim or action related to such matters in any forum beyond one year after the first occurrence of the kind of act, event, condition, or omission upon which the claim or action is based.
Sponsor, their parent companies, affiliates, subsidiaries, advertising, promotion; and fulfillment agencies, Member Manufacturers and legal advisors are not responsible for any products or services offered by the Rewards partners. Sponsor and its affiliates specifically disclaim any representations or warranties, express or implied, regarding the products and/or services offered by any rewards partners, including any implied warranty or merchantability or fitness for a particular purpose and implied warranties coming from course of dealing or course of performance, to the fullest extent allowable by law. Operators participating in this Program solely agree to the manufacturers’ warranties for any products.
As a condition of participation in the Program, Operator agrees that any and all disputes, claims, and causes of action resulting out of or connected with the Program, or any rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration. Arbitration will take place in Sherburne County, Minnesota; any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs associated with participating in this Program, but in no event attorney’s fees; and under no circumstances will Operator be permitted too seek recovery for, and Operator hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
The State of Minnesota laws will govern and be construed in accordance, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Minnesota, for all issues and questions concerning the development, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of the Operator and the Sponsor in relationship to the Program.
These terms and conditions govern the entire Program between the Operators and Sponsor. The information provided supersedes all prior agreements whether written or oral, and no waiver of any of the provisions shall be deemed or shall constitute a waiver of any provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided.