By participating in the Program, Participant agrees to abide by and be bound by these Terms and Conditions and the decisions of the Sponsor, which are final and binding in all respects. Rewards will be awarded only if a Participant fully complies with these Terms and Conditions. Membership in the Program is a privilege and can be revoked by Sponsor without notice or compensation. Participation automatically ends upon departure of Participant from Sponsor Organization and, for greater certainty, the points of such Participant shall expire at such time. All points held by Participants shall expire upon the termination of the Program.
By participating in the Program, all Participants release and agree to hold harmless Sponsor and its respective parents, affiliates, subsidiaries, advertising and promotion agencies, and all of their respective directors, officers, employees, representatives and agents (the “Released Parties”), from and against any and all liability for any loss, damage or expense, including, but not limited to, property damage or damage to persons, including, without limitation, death and injury, due in whole or in part, directly or indirectly, from or arising out of participation in this Program, participation in any Program related activity, or the receipt, acceptance, possession or use/misuse of any product/service/travel reward. This includes any action whether arising in contract, tort (including negligence and gross negligence), in equity (including fiduciary duty), regulatory enforcement or otherwise. By participating in the Program, each Participant represents and warrants to the Released Parties that the Participant is legally entitled to participate in the Program and that such participation does not violate any law or regulation governing the conduct of the Participant.
By participating in the Program, all Participants authorize Sponsor to use their name, address (city, province), company name, title and/or their photograph, any taped appearance or interview with them or any likeness of them, their voice and/or any statements made by or attributed to them regarding the Sponsor, in perpetuity, in connection with the publicity, advertising or promotional activities for the Program or any other like or similar future program in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), and any and all rights to said use, without further notification or further compensation.
All rewards are subject to availability. Certain restrictions apply to rewards. Sponsor reserves the right to modify or cancel any reward at any time. Some rewards may have limited availability.
Redeemed rewards are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other rewards or points under any circumstances.
By receipt of any reward, Participant accepts his/her reward with no further obligation from Sponsor.
Product Rewards Conditions:
All product rewards are subject to product availability. Participant will be notified if the item ordered is not available and if and when it will become available. Sponsor reserves the right to substitute items of equal or greater value. Sponsor will ship the model pictured or the most current comparable model available. Items ordered at the same time may arrive separately. In most cases, Products/Merchandise will be delivered within 3-4 weeks of placing their order. Product/Merchandise cannot be delivered to P.O., A.P.O. or F.P.O. boxes.
Damaged or defective items must be returned according to the Product/Merchandise Return Policy of the Program. Returned Products/merchandise must be in their original packaging and include batteries, cables, remote controls, etc. Product/Merchandise rewards may not be returned or exchanged unless proven to be damaged or defective. Damaged or defective Product/Merchandise must be returned within 30 days of delivery. Participant returning a Product/Merchandise must advise customer service at 1-866-706-8423 of his/her intent so that a return authorization number can be assigned to Participant’s shipment.
All rewards shown are covered by the original manufacturer’s product warranty. No other warranties are provided or implied by the Sponsor. Participant shall be required to retain packing slips to confirm receipt for insurance purposes and to ensure that all warranty registrations received with your rewards are completed and returned to the manufacturer and that the manufacturer’s recommended warranty procedures are adhered to. Other documents received with the merchandise should be retained for future reference. Defective merchandise or merchandise damaged in shipping will be exchanged. Please call our toll-free number (1-866-706-8423) to obtain a return authorization number. Merchandise must be packed in its original box and accompanied by all original packing slips.
Merchandise received as a result of point redemption through this the Program is, in certain instances, a taxable benefit to the Participant and, in such instances, Participant will receive a T4A form at year end for the value of rewards redeemed.
Sponsor and participating merchants will not be responsible for any costs associated with fixing/replacing/installing/activating/upgrading any product rewards delivered to a Program Participant.
Fraud or abuse relating to the accrual of points or redemption of rewards may result in forfeiture of accrued points as well as cancellation of Participant’s Program account. All questions or disputes regarding eligibility for the Program, eligibility of points for accrual, conversion of points or redemptions of rewards will be resolved by Sponsor at its sole discretion. The determination of tax liability for any federal, provincial or local taxes (if applicable) arising out of the accrual or conversion of points or redemption of rewards in the Program shall be Participant’s sole responsibility. Sponsor is not responsible for typographical errors and/or omissions in the online rewards catalog at http://sponsor.rewardsnation.com.
Sponsor is not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, by Participant’s participation in the Program or from downloading any material from the http://sponsor.rewardsnation.com Website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to the Sponsor’s Website by a hypertext link.
Sponsor reserves the right, at its sole discretion, to cancel, suspend or modify the Program if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Program such that the Program cannot be conducted as originally planned, as determined by Sponsor in its sole discretion. In such event, Sponsor will award rewards in a manner which Sponsor, in its sole discretion, determines is fair, equitable and in accordance with these Terms & Conditions.
Redemption of points in this Program may constitute taxable income to the redeeming Participant. Sponsor will report all tax information to Participants in accordance with the regulations of Revenue Canada. If you have any questions regarding the possible tax implications of participation in this Program, you should consult with your own tax advisor.
Arbitration and Choice of law:
Except where prohibited by law, as a condition of participating in this Program, Participants agree that (1) any and all disputes and causes of action arising out of or connected with this Program, or any rewards awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration and held at Toronto, Ontario in the English language; (2) the Ontario International Commercial Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; (3) the final award in the arbitration shall be final and binding upon the parties and there shall be no appeal from that award; (4) judgment upon such arbitration award may be entered in any court having jurisdiction.
Except where prohibited by law, under no circumstances will Participants be permitted to obtain awards for, and Participants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participants’ actual out-of-pocket expenses (i.e., costs associated with participating in this Program), and Participants further waive all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Term & Conditions, or the rights and obligations of Participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of Ontario and the laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions, which would cause the application of the laws of any jurisdiction other than Ontario.