Re: aFANity
8. Inactivity and Forfeiture:
A. *If a Member fails to either earn points in their Program Account by the end of the Program Period or redeem points from their Program Account by the Redemption Deadline, the Member will forfeit any points remaining in their Program Account, without compensation.
B. At the end of the Redemption Deadline, unless the Program is extended by Sponsor, Member’s forfeit any points remaining in their Program Account and/or any unclaimed Rewards or prizes associated with their Program Account, without compensation.
9. Modifications and Termination of the Program:
Sponsor reserves the right to modify any of the Program Rules or Program details set forth herein, including, but not limited to, the duration of the Program Period, and methods by which Members may participate or Activities that earn points, at any time, with notice, which may be in the form of email, site updates, or by other means, even though these changes may affect a Member's ability to earn points or to participate in Activities. Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with notice, even though termination may affect a Member's ability to earn points or participate in Activities. In the event of an early termination, Members will have thirty (30) days from the date that the Program termination is announced to claim any unclaimed Rewards and/or prizes. A Member's continued participation in the Program constitutes the Member's acceptance of any changes to these Program Rules. Members are responsible for remaining knowledgeable of any changes that Sponsor may make to these Program Rules. The most current version of these Program Rules, which will indicate the date they were last updated, will be available on the Program Website and will supersede all previous versions of these Program Rules.
10. General Program Rules:
A. Some Rewards have no cash value and are only benefits of participation in the Program. Prizes and other Rewards with cash value may be available through the Program, through the Rewards Store or otherwise.
B. To learn how the personal information collected in connection with the Program may be used, Members should read Sponsor's Privacy Statement which is available
HERE. The terms of Sponsor's Privacy Statement are incorporated herein by reference.
C. Sponsor reserves the right to discontinue the participation privileges of any Member who engages in any fraudulent or unsportsmanlike activity or uses the Program in a manner inconsistent with these Program Rules or with any federal, state or local laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all earned points, Rewards, and/or prizes that have not yet been redeemed or utilized. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
D. Sponsor reserves the right to rescind points, Rewards, and/or prizes that have not yet been redeemed or utilized, even if they have been credited to a Member’s Program Account, which were obtained as a result of fraudulent or unsportsmanlike 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.
E. Points, Rewards, and/or prizes that have not yet been redeemed or utilized are not the property of a Member and may be revoked at any time by Sponsor and/or its Rewards and prize providers as set forth herein, and they may not be transferred or assigned, except as specifically permitted by Sponsor from time to time. All questions or disputes regarding eligibility for the Program, collecting or redemption of Rewards, prizes, and/or earning points or a Member's compliance with these Program Rules will be resolved by the Sponsor in its sole discretion.
F. Members are responsible for the payment of all taxes, if any, which may result from the Rewards or prizes received as part of the Program.
11. General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify these Program Rules, the Program, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Program, as determined by Sponsor and/or Administrator in their sole discretion. Sponsor and/or Administrator reserve the right in their sole discretion to disqualify any individual they find to be tampering with the point system or the operation of the Program or the Website or to be acting in violation of these Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Program Rules shall not constitute a waiver of that provision.
12. Limitations of Liability:
The Program Entities and Transaction Information Providers (as defined in Section 6) are not responsible for: (1) any incorrect or inaccurate information; (2) unauthorized human intervention in any part of the Program; (3) technical or human error that may occur in the administration of the Program; (4) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Member’s participation in the Program or receipt or use or misuse of any Reward or prize. No more than the stated number of Rewards and prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of items and/or Rewards in the Program to be bid upon, available and/or claimed Sponsor reserves the right to award only the stated number of items and/or Rewards by a random drawing among all legitimate, unawarded, eligible members for that particular item and/or Rewards. By participating in this Program, Members hereby agree to release and hold Sponsor, Administrator, and Transaction Information Providers harmless from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to Member’s participation in the Program, use or misuse of any Rewards, items or sweepstakes prizes, if applicable, awarded or any use of the Member’s name, likeness, photograph, voice, opinions and/or hometown and state.
13. Disputes:
Except where prohibited, participants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Program or any Reward or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to take place in the state of California pursuant to the Rules of the American Arbitration Association, then effective, in accordance with the laws of the State of California, without regard to its choice of law rules. The parties hereto consent to the jurisdiction and venue of the federal, state and local courts located in the Contra Costa County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Program, but in no event will attorneys’ fees be awarded; and (3) under no circumstances will participants be permitted to obtain awards for, and the participant hereby waives all rights to claim indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Program Rules, or the rights and obligations of the participant and Sponsor in connection with the Program, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California
Program available only to members of the aFANity™ Rewards Program and begins at 12:00 a.m. Eastern Time (ET) on 9/01/18 and is scheduled to end at 11:59 p.m. ET on 12/31/18. Members may redeem points until 4/30/19.
