THE KETTLE CLUB LOYALTY PROGRAM RULES: Terms and Conditions
NO PURCHASE NECESSARY TO BECOME A MEMBER.
VOID WHERE PROHIBITED BY LAW
The Kettle Club Loyalty Program (the “Rewards Program”) is a loyalty program unique to American Kettle (the "Participating Website") owned or controlled by The Kettle Estates Ltd Liability Co (the "Website Owner") that is available only to registered users of the Rewards Program at AmericanKettle.com ("Users"), and powered by Smile.io. ("Platform Provider").
Users accessing and engaging with the Rewards Program in accordance with these Rewards Program Rules (the "Official Rules") can earn Points (defined below) for activities described on the Website. Points are then deposited into the User's account and can be used to redeem rewards ("Rewards") as outlined at a Rewards page on the Participating Website ("Rewards Site") and/or for the purposes of allowing Users to access collectively the ("Program Features"). This includes, but is not limited to, participating in rankings, earning recognition for certain activities and other program elements as may be determined by the Website Owner from time to time at their sole discretion. The Rewards may change from time to time, without notice, at the sole discretion of the Website Owner.
The Rewards Program is offered only to Participating Website customers who are at least 18 years of age and who provide and maintain a valid email address. By joining the program, you represent that you are at least 18 years of age or older. If you are under the age of 18 (or majority as determined by your local law), you agree that you have obtained permission from your parent or legal guardian to be a member of the program. When registering for the Rewards Program you agree to only register one (1) account for the purpose of accruing or earning Points. Employees (and all the members of the immediate families or households of such employees) of the Website Owner, and their parents, affiliates, and subsidiaries are ineligible.
The Rewards Program allows Users to earn Points while using, viewing, interacting or responding to a Website, in accordance with the rules of any promotion and the earning points provisions of these Official Rules. For the purposes of the Rewards Program, "Points" mean those particular Rewards Program measurement increments, which can be used to redeem certain Rewards. Points and their values are: (a) determined by the Website Owner at its sole discretion; (b) subject to change without notice; (c) may vary among promotions; (d) are subject to approval; and (e) may be subject to a limit for the amount of points that may be earned during a defined period and/or for specific actions as determined at the sole discretion of the Website Owner.
All Points, including but not limited to earning, saving and using, must be used in compliance with these Official Rules. Points are not transferable and Points cannot be earned after the Rewards Program is terminated, as set forth below. Unless prohibited by law, unused Points are forfeited upon termination of the Rewards Program. Participation in the Rewards Program constitutes acceptance of these Official Rules. These Official Rules may change, in Website Owner's sole discretion, with or without notice to any User.
The Platform Provider shall not be liable to any User or Website Owner for any changes in the Official Rules. If a change occurs, the User's continued participation in the Rewards Program shall constitute agreement to the changes. A User may terminate participation by opting out of Rewards Program or by notifying Website Owner, and upon such termination the User may use Points accumulated up to the date of termination.
If User opts out of Rewards, points accumulation ceases immediately, however User may rejoin program and commence point accumulation at any time. A User may have only one identity that can be used to accrue Points for the Website's promotions. Any User or person who tries to use more than one user account, user ID or create more than one identity to obtain more Points shall be disqualified at Website Owner's sole discretion.
Subject to change, Users may earn a certain number of Points for particular activities as those Point-earning activities or through a particular promotion through which a User is invited to participate. Points and point-earning activities shall be reflected in a widget displayed on the Website and/or on Facebook.com and may be recorded for review by the Website Owner. Points will be deposited in a commercially reasonable time after they are earned. Any inquiries regarding Points not correctly deposited must be received by Website Owner within fourteen (14) business days of the date of alleged accrual of Points. A User's earned Points are not transferable. To earn points, the user must be signed in to the Participating Website with the same account they signed up for the Rewards Program.
Users will earn Rewards as described or through a particular promotion through which a User is invited to participate. Depending upon the Reward earned, either the User will receive the Reward from the Website Owner or from the Platform Provider directly. If a User has questions or concerns regarding their Reward, they can contact the support team of the Website Owner.
This Rewards Program may terminate at Website Owner's sole discretion. Notice of termination shall be provided to Users in the manner Website Owner deems reasonable, including but not limited to, posting such notice on the Website Owner Website, Facebook application or via email. Points may expire, subject to applicable law. Users must redeem and use all Points before expiration or the effective date of termination. 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 Website Owner, or the Platform Provider.
All federal, state and local laws and regulations apply. Taxes on Rewards if any, are the User's sole responsibility. Again, Points are not transferable.
By participating in the Rewards Program, Users agree: (a) to be bound by these Official Rules and by the decisions of Website Owner, which are final on all matters pertaining to this Rewards Program, and (b) to release, indemnify and hold harmless Website Owner and Platform Provider (and their parents, affiliates, subsidiaries, related entities, divisions, distributors, wholesalers, partners, licensees, retailers, sponsors, partnerships, representatives, vendors, contractors, successors, assignees, principals, shareholders, directors, officers, employees and agents, and their advertising, promotion, fulfillment agencies and all other promotional partners) (collectively the "Promotional Partners") from any liability or claims for damages from (i) altered, late, lost, damaged, destroyed, inaccurate, defaced, misdirected, mutilated, illegible, stolen, delayed, garbled, misrouted, incomplete entries or human, telephone, computer, online or technical malfunctions (including busy lines and disconnections), (ii) their participation, (iii) the awarding, acceptance, receipt, use, redemption, misuse, possession, loss or misdirection of any Points or Rewards or preparing for or participation in any related activity or (iv) all damages or injury to persons or property related to use or misuse of the Rewards Program. The Rewards Program is governed by, and these Official Rules shall be construed and interpreted pursuant to, the laws of the State of California. All federal, state and local laws and regulations apply. Website Owner and all entities involved in conducting this Rewards Program, reserve the right in their sole discretion to limit participation in the Rewards Program, assess varying Point values to Point earning opportunities, and to terminate or disqualify any User’s involvement in the Rewards Program. Website Owner and Platform Provider are not responsible for the inability of a User to accept, redeem and/or use Rewards for any reason, including any third-party's terms and conditions and/or the terms of business and operations for a particular entity. Normal Internet access and usage charges imposed by a User's online service shall apply.
REWARDS PROGRAM MALFUNCTIONS AND CONDUCT
LIMITATIONS OF LIABILITY. THIS REWARDS PROGRAM AND ALL REWARDS ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Website Owner and Platform Provider are not responsible or liable for: (a) incomplete or incorrect information, garbled transmissions, and telecommunications failures or service interruptions; (b) a User’s use of the Participating Website, Points or Rewards; (c) for typographical, printing or other errors in the offer or administration of the Rewards Program; (d) errors, irregularities or failures in: (i) awarding, accumulating, receiving, redeeming or using Points; (ii) advertising; or (iii) accessing the Rewards Program; (e) mistakes in or changes to the Official Rules, the selection, notification and announcement of the Points or the distribution of Rewards; (f) any direct or indirect damage(s), loss(es), expense(s) or (g) any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Rewards Program or by any technical or human error which may occur in the processing of submissions in the Rewards Program. Website Owner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft of or destruction or unauthorized access to, or alteration of, points or point accruing activities. Website Owner is not responsible for any problems, failures or technical malfunction of any online systems, servers or providers, computer equipment, hardware/software, players or browsers, failure of email or points or point accruing activities due to or resulting from technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in this Rewards Program.
By participating in the Rewards Program, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Official Rules, and to abide by and comply with these Official Rules. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions.
These Official Rules constitute the entire agreement between User and Website Owner relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between User and Website Owner with respect to such subject matter. These Official Rules may not be changed, waived or modified except by Website Owner as provided herein or otherwise by written instrument signed by Website Owner. These Official Rules and/or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by a User except with Website Owner's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Website Owner may assign, transfer, or delegate these Official Rules or any right or obligation or remedy hereunder in its sole discretion.