Official Rules - Reward Points Program
PLEASE READ CAREFULLY. By reviewing these Terms and Conditions, clicking “I Agree” on the registration page, and participating, you agree to the following rules governing the Old Orchard Fan Points Program.
TERMS AND CONDITIONS
A. Overview of the Old Orchard Fan Points Program
1. Old Orchard Fan Points Program (the “Program”) is a loyalty program sponsored by Old Orchard Brands, LLC (Sponsor) through which individuals can collect points by performing certain interactions on our website (as set forth in Section E below), or through other methods as may be added from time to time. Individuals can then visit www.oldorchard.com, to collect, review, or redeem earned points. Old Orchard Brands, in its sole discretion, may allow points to be accumulated from other promotions, under certain limitations, to be used in this Program from time to time.
2. Individuals may redeem their points for merchandise or services available at www.oldorchard.com.
B. Program Eligibility
1. The Program is open to legal residents of the 50 United States (and the District of Columbia) who are 13 years and older at the time of enrollment. The Program is void where prohibited by law.
2. Employees of Old Orchard Brands and affiliates are not eligible to participate in this program. The immediate family living in the same household of employees of Old Orchard Brands and its affiliates may not participate in the Program.
3. Any agencies or companies involved in the development or execution of the Program and the immediate family (those living in the same household) of each such employee may not participate in the Program.
C. Duration of Program
1. The Program begins at 12:00 a.m. Eastern Time (ET) on November 1, 2010 and currently has no scheduled end date. Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time. Participants can collect points by the methods set forth in Section E below and will be able to redeem points as set forth in Section F below. Sponsor may expire points upon reasonable notice to Participant.
D. Enrolling in the Program
1. Individuals age 13 and older may enroll in the Program at www.oldorchard.com (the “Website”). To enroll, a participant must click on the Fan Club sign-up link on the Website and follow the on screen instructions to create a Fan Club Account (Account) (see Section D (2) below). Once participants register for a new account, they will be enrolled in the program (Enrollees). The number of points collected by each such Enrollee will be recorded and tracked in the Enrollee’s Account.
2. How to Create Your Old Orchard Fan Club Account: Once on the Website, individuals who do not already have a Fan Club account, can click on the Fan Club link at the top of the website, then click the link in the sidebar to “Join the Club”; follow the instructions to create an Account. An individual must have a unique valid e-mail address to create an account. Limit 1 Account per person, 5 Accounts per household or physical address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering will be deemed the Enrollee. Each Enrolllee is solely responsible for his/her account. Creating, using or managing multiple accounts is prohibited.
E. Collecting Points
1.Collect points by performing certain actions on our website, such as playing a game, submitting recipes, submitting questions to our health experts, posting comments, or sharing content via a social network. You must be logged into your Fan Club Account prior to performing such actions for the points to be credited. A full list of actions and point values is listed here. Go to www.oldorchard.com and follow the links and instructions to either register by clicking on the Fan Club >> Join The Club link (as set forth above) or Log In (if you already have registered). After registering/signing in, you will receive points for any actions you perform that are outlined here or as otherwise set forth by Old Orchard Brands.
Old Orchard reserves the right to change the number of points awarded for actions at any time during the Program. Points collected through other methods including but not limited to, scratch cards, codes in print, or codes on check-out coupons, may vary in value as disclosed on the promotional materials themselves.
2. Certain actions can only be performed a limited amount of times in a given time frame to earn points. A customized page within the Fan Club section will outline actions that are worth points, and which actions the Enrollee is currently eligible for. View this page here.
3. Enrollees may not transfer or points to another Account under any circumstance. Any attempt to combine or transfer points will result in disqualification from the Program and forfeiture of all points in the Enrollees Account. An Enrollee may only earn points under his/her own Fan Club Account. Earning points on behalf of another user or account is prohibited. Old Orchard Brands reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Old Orchard Brands believes (in its sole discretion) that an Enrollee (or Enrollees) have violated any of these provisions.
4. Sponsor reserves the right to change, add, or remove the methods by which Enrollees can collect points. Enrollees are responsible for the payment of all taxes which may result from the reward(s) received as part of the Program.
5. If an Enrollee believes that points were not properly accrued to his/her Account, the Enrollee must notify Old Orchard Brands by using the Customer Service Form, in the Program within 7 days of the day the action was performed on the Website. Old Orchard Brands will use its sole discretion to determine if additional points are to be awarded to the Account in question. Sponsor’s decisions regarding the awarding of points are final and binding. Points determined to be invalid for any reason are subject to disqualification and the corresponding points will be removed from the Enrollee’s Account to which the invalid Validated points were credited.
6. Enrollees may collect points in the manner set forth above unless or until Program is paused, canceled, or otherwise modified by Sponsor.
F. Redeeming Points
1. Enrollees may redeem their points for merchandise, donations, offers and other items of value (Rewards) listed in the Rewards section of the Website while supplies last. The Website will list the corresponding point value required to redeem each item. Enrollees must comply with individual Rewards limitations where indicated on the Website. Sponsor will periodically modify the list of merchandise and other items available for point redemption and reserves the right to modify the point values of the Rewards, at any time for any reason.
2. To spend/redeem points, navigate through the items listed on the Website. Enrollees can choose any item still available for which you have accumulated sufficient points for redemption. Click the Image corresponding to the item you wish to redeem and follow the links and instructions to complete the redemption process. A confirmation screen will confirm prize redemption and that the appropriate amount of points have been deducted from the Enrollee’s account.
3. Unless otherwise specified, all Fan Club Rewards will be mailed via United States Postal Service to the address listed in the Enrollee’s Member Profile at the time of redemption.Each Enrollee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly. Each Enrollee is responsible for ensuring the mailing address associated with his/her Account is accurate and up to date. Changes to Accounts or Account information may only be made by the Enrollee to whom the Account belongs. Sponsor is not responsible for lost, damaged, misdirected or undeliverable mail.
4. All point redemptions for products are final. Enrollees are responsible for ensuring local product availability prior to redeeming points for a product coupon. Refunds, exchanges and other issues regarding the product redeemed will only be given at the sole discretion of Sponsor.
5. Any points remaining in an Enrollee’s Account at the end of the Program will be forfeited without compensation. The points have no cash value and are only redeemable for offered rewards via the Program.
6. Enrollees may redeem points in the manner set forth above until otherwise modified by Sponsor.
G. Modifications and Termination of the Program
1. 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, methods by which Enrollees can collect points, the eligible products to be purchased, the number of points associated with the purchase of eligible products or other activities, the number of processes through which Enrollees may collect points, the number of points that may be redeemed through the Program, and any of the options made available to Enrollees with respect to their Accounts – at any time, without notice, even though these changes may affect an Enrollee’s ability to accrue or use his/her points.
2. Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with or without notice, even though termination may affect an Enrollee’s ability to accrue or use his/her points.
3. An Enrollee’s continued participation in the Program constitutes the Enrollee’s acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at www.oldorchard.com and will supersede all previous versions of these Terms and Conditions.
H. General Terms and Conditions.
2. Old Orchard Brands reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity, inappropriate conduct, offensive language or profanity, or who uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated points and/or the cancellation of pending Rewards Orders. In addition to discontinuance of participation privileges, Old Orchard Brands shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
3. Old Orchard Brands reserves the right to rescind points credited to an Account which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program.
4. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating points for combined use. The sharing of a Fan Club account or accounts is not allowed under any circumstances.
5. Points do not constitute property of an Enrollee and may be revoked at any time by Old Orchard Brands as set forth herein. Points may not be transferred or assigned, except as may be specifically permitted by Sponsor on the Website from time to time.
6. Old Orchard Brands is not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Program.
7. All questions or disputes regarding eligibility for the Program, collecting or redemption of points, or an Enrollee’s compliance with these Terms and Conditions will be resolved by Old Orchard Brands in its sole discretion.
I. Limitation of Liability
1. Old Orchard Brands, LLC is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. Under No Circumstances, Including, but Not Limited to, Negligence, Shall Any of the Releasees Be Liable for Any Direct, Indirect, Incidental, Special or Consequential Damages Arising out of the Program or Merchandise Offered Through the Program, Even if Any or All of the Foregoing or Any of Their Authorized Representatives Have Been Advised of the Possibility of Such Damages. If Old Orchard Brands, LLC Improperly Denies an Enrollee Any Points, Liability Will Be Limited to the Equivalent Amount of Points. By Participating in the Program, an Enrollee Waives Any and All Rights to Bring Any Claim or Action Related to Such 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. to the Fullest Extent Allowable by Law, Old Orchard Brands, LLC, and Its Promotion Agencies Specifically Disclaim Any Representations or Warranties, Express or Implied, Regarding the Products and/or Services Offered As Rewards, Including Any Implied Warranty of Merchantability or Fitness for a Particular Purpose and Implied Warranties Arising from Course of Dealing or Course of Performance. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer’s warranties, if any, for any products redeemed through this program.
2. As a condition of participating in this Program, Enrollee agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any rewards obtained through the Program, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (3) under no circumstances will Enrollee be permitted to seek recovery for, and Enrollee 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.
3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Enrollee and Old Orchard Brands in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Michigan, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan.
4. These Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
5. If any provision of these 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.