D’Addario Players Circle Loyalty Program User Agreement and Terms and Conditions
VOID WHERE PROHIBITED. SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE REWARDS PROGRAM IN ANY MANNER, IN WHOLE OR PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE POINTS ALREADY ACCUMULATED.
1. REWARDS PROGRAM PERIOD:
The Rewards Program is open only to legal residents of one of the fifty (50) United States, the District of Columbia, the United Kingdom or Australia who are eighteen (18) years of age or older at the time of entry and legal residents of Canada, except for legal residents of Quebec, who have reached the age of majority at the time of entry. Officers, directors and employees of D’Addario and its subsidiary and affiliated companies, distributors, authorized retailers, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Rewards Program (collectively, “Rewards Program Parties”) and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate or redeem Points (defined below). No groups, clubs, newsletters or organizations may participate in this Rewards Program on behalf of the group, club or organization.
Register for the Rewards Program for free via the Internet by visiting playerscircle.daddario.com (“Website”) during the Rewards Program Period. To register, once at the Website, follow the on-screen instructions by providing the information requested, which may include, but may not be limited to, user name, first name, last name, mailing address (no P.O. Boxes accepted), and email address password (“Account”). When accessing the mobile site please note that standard data carrier rates may apply. Check with your carrier for details. Limit one (1) Account per person/e-mail address/mobile phone number. Anyone found attempting to use multiple/different Accounts, email accounts, identities, registrations, or logins, or otherwise attempting to obtain more than the stated limit of Accounts may be deemed ineligible, disqualified, and his/her Accounts may be cancelled, and all corresponding Points may be void, in Sponsor’s sole discretion. Only the individual named as the primary Account holder will accrue Points and will be entitled to access to the Account. Points may not be combined from different Accounts for any purpose. Each participant shall have the responsibility of ensuring that his or her Points are properly credited by following the process set forth in paragraph 4 below. Sponsor reserves the right to invalidate Points from an Account if it determines that such Points were improperly credited to such Account or obtained fraudulently. Points do not constitute property, do not entitle a participant a vested right or interest, and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason.
4. HOW TO EARN POINTS:
A. EARN POINTS ON QUALIFYING D’ADDARIO PURCHASES: During the Rewards Program Period, registered Account holders will be able to receive D’Addario rewards points (“Point(s)”) when the Account holder purchases at retail qualifying D’Addario product (“Qualifying D’Addario Purchase”) containing a unique, twelve-character Code (each, a “Code”). Visit the Website for a list of qualifying D’Addario products and their point value. This list is subject to change at any time and without notice to you. To receive Points, make a Qualifying D’Addario Purchase and input the Code on the Website. You should save your receipts from Qualifying D’Addario Purchases as Sponsor reserves the right to request, in Sponsor’s sole discretion, receipts for verification purposes.
Not all qualifying products will be available in all areas. In addition, Sponsor reserves the right, at its sole discretion, to introduce new products or models, which will contain a Code and may have a different Point value than listed above. If any part of any Code is counterfeited, or if the Code comes from other games or promotions, or if any part is illegible, mutilated, eaten or tampered with in any way, or if it contains or reflects printing, typographical, mechanical or other errors, the Code, as applicable, will be rejected and will be deemed void and invalid. Sponsor’s sole liability with respect to a defective Code shall be replacement with one (1) Code during the Rewards Program Period, while supplies last. Each participant acknowledges and agrees that the decisions of Sponsor shall be final, binding and conclusive in all matters relating to the Rewards Program, including without limitation determinations regarding the validity of Codes, Qualifying D’Addario Purchase(s) and other materials submitted for verification. Codes may not be sold, traded, bartered, auctioned (including through Internet auction sites), or given away. Rewards Program materials are null and void and will be rejected if not obtained through authorized, legitimate channels.
B. ADDITIONAL METHODS OF OBTAINING POINTS: From time to time and in Sponsor’s sole discretion, Sponsor may offer additional methods of obtaining Points, including, without limitation, by describing such methods on the Website. Any such additional methods of Point accrual are subject to these Rewards Program Terms and any terms and conditions listed on the Website or otherwise presented in connection with the description of the additional applicable Point accrual method, if any (“Additional Terms and Conditions”). In the event of any conflict between the Rewards Program Terms and any Additional Terms and Conditions, the Additional Terms and Conditions shall control. Sponsor reserves the right to modify, terminate, change, and otherwise revise any of the ways to earn Points (as well as the corresponding details of such method including, without limitation, the amount/value of Points available), all at any time.
5. ENTER CODE(S) INTO YOUR ACCOUNT:
Each time you enter a valid Code during the Rewards Program Period online, your Account will automatically be credited with the Points associated with that Code. Please allow 24 hours for Points to be credited into your Account. Points have no cash value. Any unused Points remaining in an Account after the end of the Rewards Program Period shall be void. When logged onto your Account you can check your Account history for Point balances and details. Sponsor assumes no liability for discrepancies, omissions, inconsistencies or errors in the number of Codes entered or the number of Points acquired as a result thereof as reported on the Website. The decisions of Sponsor with respect to Code entry, Account balances and Point transactions are final and binding in all respects. All items/products that may be available on the website listing Points is subject to change without notice and is available while supplies last. Sponsor, at its sole discretion, reserves the right (without obligation) to substitute items/products of greater or equal value in the event inventory of any one item runs out.
6. REDEEM POINTS:
A. REDEEM POINTS: Subject to Sponsor’s right to add, delete, or otherwise make changes to the Points structure and the rewards offered in connection with the Rewards Program, Points may be redeemed for merchandise found on the Website, while supplies last. Each merchandise item has a required number of Points for redemption as stated on the Website. You cannot redeem Points for merchandise unless you have accumulated the required corresponding number of Points in your Account. See Website for details on how to redeem Points. Once your order has been submitted, the required number of Points for the selected merchandise will be deducted from your Account. Unless otherwise required by law, once Points have been redeemed for merchandise they may not be returned or refunded to an Account for any reason, including if the merchandise is stolen or lost. Sponsor reserves the right to modify, change, and otherwise revise merchandise on the Website, including and without limitation, the required number of Points for such merchandise.
B. SHIPMENT OF MERCHANDISE: In most cases, allow at least six to eight weeks from receipt of order for shipment of merchandise via postal mail, unless otherwise stated on the Website. Each merchandise item ordered will ship separately. All merchandise will ship to the postal address that you specify on the order form page. No P.O. boxes allowed. Merchandise will only be shipped to addresses within the United States, Canada, the United Kingdom or Australia. No responsibility is assumed by Sponsor for any postal mail or overnight deliveries returned as undeliverable without a forwarding address. No responsibility is assumed by Sponsor for merchandise after it has been shipped.
C. MERCHANDISE AVAILABILITY: All merchandise available on the Website is subject to change without notice and is available while supplies last. Sponsor, at its sole discretion, reserves the right (without obligation) to substitute merchandise of greater or equal value in the event supplies of any one item run out. No exchanges, returns or refunds on merchandise permitted, except where required by law. Merchandise may be available only in limited quantities and will be distributed on a first-come, first-served basis. Participants should regularly consult the Website for updates regarding merchandise availability. The determination of whether a participant has to pay any tax in connection with the merchandise and the payment of that tax, if any, are participant’s sole responsibility.
7. CODE VERIFICATION:
All Codes and Points are subject to verification at the sole discretion of Sponsor. Anti-fraud detection devices may be used for verification purposes. Codes will be void if they fail to pass anti-fraud detection measures, or, if determined by Sponsor in its sole discretion, to be unauthorized, illegitimately obtained (including, for example, through channels other than retail purchase), or if they contain an unauthorized message, code or other marking not issued by Sponsor for use in this Rewards Program, or if defective, or if they contain printing or other mechanical errors or are printed or produced in error or are illegible or unreadable or blank. No Code/Point receipt or redemption will be valid if such entry is associated with any Code/Point deemed void for any reason, including without limitation, the following: (a) Code/Point is not verified or recognized as being validly issued by Sponsor in the Rewards Program; (b) Code/Point is determined to be previously entered and used; (c) Code/Point is incorrectly or incompletely entered or submitted; (d) Code/Point was obtained in a manner deemed by Sponsor to be fraudulent or otherwise invalid or (e) Code/Point is otherwise void. Notwithstanding the foregoing, Sponsor may, at its sole discretion and without obligation, or if required by law, elect to replace an illegible Code with another Code if appropriate upon request, while supplies last. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void Code.
8. LIMITATIONS OF LIABILITY:
To the maximum extent permitted by law, no responsibility or liability is assumed by the Sponsor and Rewards Program Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Website: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online, mobile or other communication problems; disruptions, errors or limitations of any Internet service providers or wireless carriers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text transmissions to be sent or received; lost, late, delayed or intercepted e-mail or text transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet, Website, or mobile carrier lines; network or carrier issues that result in delayed mobile responses; unauthorized human or non-human intervention of the operation of the Rewards Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Rewards Program, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Rewards Program. To the maximum extent permitted by law, Sponsor and Rewards Program Parties are not responsible for any typographical or printing errors in the Codes, any Rewards Program materials, Website, email correspondence, and advertising materials, any display or announcement of a D’Addario promotion prize (if any), or corresponding official rules (if any), or Rewards Program Terms or any inaccurate or incorrect data contained on the Website, including without limitation, the number of entries entered in any particular drawing. To the maximum extent permitted by law, Sponsor and Rewards Program Parties 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 or mobile phone equipment resulting from online or mobile participation in the Rewards Program, or use of or download of any information from the Website. WITHOUT LIMITING THE FOREGOING, SUBJECT TO APPLICABLE LAWS IN A RELEVANT JURISDICTION, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND CONFORMITY WITH DESCRIPTION, OR NON-INFRINGEMENT.
THE EXPRESS PROVISIONS OF THESE TERMS ARE IN PLACE OF ALL WARRANTIES, CONDITIONS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING BY NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND CONFORMITY WITH DESCRIPTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSOR AND REWARDS PROGRAM PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS (INCLUDING IN EACH CASE NEGLIGENCE), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE REWARDS PROGRAM, INCLUDING WITHOUT LIMITATION, THE EARNING OR REDEEMING OF POINTS AND THE USE AND/OR MISUSE OR ANY MERCHANDISE, (B) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE REWARDS PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS REWARDS PROGRAM); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE REWARDS PROGRAM BY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSOR AND REWARDS PROGRAM PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OF DAMAGE WHATSOEVER OR FOR ANY LOSS OF PROFITS, SAVINGS GOODWILL OR REVENUE.
These Terms do not limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 or any other implied warranties under the Australian Securities and Investment Commission Act 2001 or similar consumer protection laws in Australia, except where the Sponsor is legally obligated to do so. Nothing in these Terms shall exclude or limit any liability of the Sponsor or any Rewards Program Parties to you for death or personal injury arising out of negligence, fraudulent misrepresentation or fraudulent concealment or any other matter which cannot be limited or excluded by law.
The Rewards Program structure is subject to modification, termination, or limitation at any time, with or without notice, in Sponsor's sole discretion, and Sponsor expressly reserves the right to establish additional means of accruing Points, to delete any or all of the currently recognized means of accruing Points, to exclude specific types of transaction there from or to make Points selectively available to certain participants based upon factors in its sole discretion. Additionally, membership in the Rewards Program is offered at the discretion of Sponsor and it reserves the right to modify the Rewards Program Terms, Point redemption values, benefits, D’Addario promotion (if any), conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Points or any other aspect of the Rewards Program, in whole or part, at any time, with or without notice, even though such changes may affect the redemption value of the Points already accumulated. If for any reason Sponsor determines in its sole discretion that the Rewards Program, or any aspect thereof, is no longer capable of running as intended by these Rewards Program Terms for any reason whatsoever (including, without limitation, any occurrences described in these Terms or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Rewards Program), Sponsor, at its sole discretion but subject to any applicable laws, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Rewards Program in whole or in part, including without limitation, any means of entry, at any time.
Points may expire, in Sponsor’s sole and absolute discretion. Participants must redeem and use all Points before expiration, or the effective date of termination, or those unused Points shall be forfeited. However, notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of Sponsor. No extensions, cash refunds or other exchanges will be allowed for expired rewards Points. If any Account is inactive for a 2-year period (inactivity defined as no Points added or redeemed to/from a Rewards Program Account for 2 years), participants acknowledge and agree that Sponsor may, in its sole and absolute discretion, terminate such Account and any Points associated with such Account. Sponsor is not obligated, and will not provide notice of such inactivity or termination to participants. Sponsor reserves the right, at any time, to revise the inactive period causing termination from two (2) years. Notice of such revision shall be posted on the Sponsor’s website at playerscircle.daddario.com.
By participating in this Rewards Program, participants agree to be bound by these Rewards Program Terms and the decisions of the Sponsor, which shall be final and binding in all respects. Failure to comply with these Rewards Program Terms may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual from participating in any aspect of Rewards Program, and/or may cancel, suspend or block any Account registered by such person (and void any associated Points) if Sponsor deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) violating these Rewards Program Terms or the terms and conditions of the Website; or (b) damaging, tampering with or corrupting the operation of the Rewards Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website through online or mobile web other means; or (e) repeated attempts to enter and/or receive repetitive, void, additional, or otherwise invalid or fraudulent Points in one or more Accounts, as determined by Sponsor; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Rewards Program. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REWARDS PROGRAM COULD BE A CRIMINAL AND/OR CIVIL OFFENSE. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND/OR SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Sponsor's failure to enforce or delay in enforcing any term of these Rewards Program Terms shall not constitute a waiver of that or any other provision. The failure of Sponsor to comply with the Rewards Program Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial or local governmental authorities or for any other reason beyond the reasonable control of Sponsor, shall not be deemed a breach of the Rewards Program Terms.
11. RELEASES AND PUBLICITY:
To the maximum extent permitted by law, all participants, as a condition of participation in this Rewards Program, agree to release Sponsor and Rewards Program Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Website, registering an Account. or otherwise participating in any aspect of the Rewards Program, the receipt, ownership or use/misuse of any D’Addario promotion prize awarded (if any) or any item or product redeemed with participant’s Points, or any typographical or other error in these Rewards Program Terms or other Rewards Program materials (including, without limitation, on any Rewards Program website). Participant bears all risk of loss or damage to a promotion prize (if any) after it has been delivered. Except for residents of Tennessee, and where prohibited by law, participants grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Website and any Sponsor web sites) the participant's name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.
To the maximum extent permitted by law, as a condition of participating in this Rewards Program, you agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Rewards Program, or any prizes awarded (if any), shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate local, state, or federal district court located in Suffolk County, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Rewards Program, but in no event attorneys' fees; and (iii) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rewards Program Terms, or the rights and obligations (including non-contractual obligations) of the participant and Sponsor in connection with the Rewards Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New York. By participating, participants consent to the jurisdiction and venue of the federal, state and local courts located in Farmingdale, New York.
D’Addario & Company, Inc., 595 Smith Street, Farmingdale, New York 11735.