Terms and Conditions
PLEASE READ CAREFULLY. By participating in the Blackhawk Issued Content, LLC (“Spafinder”) My Rewards Program (the “Program”) you agree to the following Terms and Conditions governing the Program. THIS PROGRAM IS EFFECTIVE AS OF NOVEMBER 27, 2018, AND REPLACES ALL PRIOR REWARDS OR SIMILAR PROGRAMS, ALL OF WHICH PRIOR PROGRAMS ARE HEREBY TERMINATED IN ALL RESPECTS.
A. Overview of the Program. The Program is sponsored by Blackhawk Issued Content, LLC (“Spafinder”) in which individuals ("Participants") can collect points ("Points") by engaging in certain transactions with Spafinder, or through other methods as may be added from time to time.
B. Participation in the Program.
- The Program is void where prohibited by law. Only individuals thirteen (13) years of age or older may participate in the Program. Users between the ages of thirteen (13) and eighteen (18) must review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions. Should User’s parent or legal guardian not acknowledge and agree to these Terms and Conditions, User may not participate in the Program. You represent that you are of sufficient legal age to participate in the Program. Participation in the Program constitutes each Participant's full and unconditional agreement to these Terms and Conditions, and representation that Participant meets the eligibility requirements set out in these Terms and Conditions. Those who do not comply with these Terms and Conditions may be prohibited from participating in the Program. The Program is sponsored and administered by Spafinder.
- Employees of Spafinder or its affiliates and subsidiaries, and those living in the same household of such employees, are not eligible to participate in the Program.
- In order to participate, Participants must have an existing Account, or must create an account (“Account”). To create an Account, sign up at https://www.spafinder.com/account/clubspa/index.jsp and provide all required information.
C. Earning Points.
- Spafinder will attempt to credit Participant Accounts with points on a timely basis. However, each Participant will have the responsibility of ensuring that his/her points are properly credited. Any claim for points not credited accurately must be received by Spafinder within thirty (30) days of the date of claimed accrual of such Points. Spafinder shall have no liability for any printing, production, typographical, mechanical or other errors in the points summaries, or Accounts. Spafinder reserves the right to invalidate points from an Account if it determines that such points were improperly credited to such Account, or obtained fraudulently. Spafinder reserves the right to require proof of accrual of points and Spafinder reserves the right to delay the processing or redemption of any points without notice to Participants, in order to assure compliance with these Terms and Conditions. Participants are responsible for maintaining the confidentiality of their Accounts and passwords and for restricting access to their computers and activity on their Account, and Participants agree to accept responsibility for all activities that occur under their Accounts or passwords. Without limiting any other remedies, Spafinder may suspend or terminate a Participant's Account if Spafinder suspects that a Participant has engaged in fraudulent activity in connection with the Program. Participation in the Program is subject to these Terms and Conditions, as well as policies and procedures that Spafinder may adopt or modify from time to time. Any failure to abide by these Terms and Conditions or any policies or procedures implemented by Spafinder, any conduct detrimental to Spafinder, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Spafinder in law or equity, in the termination of participation in the Program, as well as forfeiture of Points accrued to date and any other benefits earned in connection therewith, in Spafinder’s sole discretion. Spafinder’s decisions regarding the awarding of points are final and binding.
- 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, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale of points is strictly prohibited. Any points remaining in a Participant's Account at the end of the Program will be forfeited.
D. Redeeming Points.
- Spafinder Rewards Points can be redeemed as follows:
500 Rewards Points $25 Spafinder Gift Certificate
1,000 Rewards Points $50 Spafinder Gift Certificate
1,500 Rewards Points $100 Spafinder Gift Certificate
You must redeem a minimum of 500 Rewards Points at any one time. Redemptions must be solely in rewards points (i.e. can’t be part rewards points, part dollars). To redeem Rewards Points, My Account section or contact Spafinder Customer Service at email@example.com
- Spafinder reserves the right to modify the list of items available for redemption, as well as their corresponding Point values, at any time for any reason.
- A Participant may redeem items with point values up to but not exceeding the total number of points he or she has available in his/her account.
- All redemptions are final and the points will be deducted immediately from Participant's Account.
- Spafinder reserves the right to substitute an item advertised with an item of equal or greater value if due to unavailability or for any other reason.
E. Expiration of Points. Your points will automatically expire after 18 months of account inactivity. Your account will be considered “inactive” if, during any 18 month period (i) you have not earned or redeemed any points, or (ii) your account has been canceled.
F. Modification and/or Termination of the Program.
- By participating in the Program, Participant agrees that Spafinder may modify any of the Terms and Conditions governing the Program at any time (including, without limitation, these Terms and Conditions), and/or Terminate the Program, with or without prior notice, even though these changes may affect a Participant's ability to use accumulated Points.
- A Participant's continued participation in the Program constitutes his or her acceptance of any changes to these Terms and Conditions.
G. General Terms and Conditions.
- Spafinder reserves the right to suspend or discontinue the eligibility of any Participant who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Terms and Conditions or the intended operation of the Program, any federal or state laws, statutes or ordinances, or otherwise in a manner deemed inappropriate by Spafinder is its sole discretion. In addition to suspension or discontinuance of Program eligibility, Spafinder shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- Any attempt by any Participant to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Spafinder reserves the right to seek damages from any such person to the fullest extent permitted by law. Spafinder’s failure to enforce any of these Terms and Conditions shall not constitute a waiver of that, or any other, provision.
- The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program.
- All questions or disputes regarding eligibility for the Program, the availability of items, or a Participant's compliance with these Terms and Conditions will be resolved by Spafinder in its sole discretion.
- Spafinder is not responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.
- Participants are responsible for the payment of all taxes which may result from participation in the Program.
- Participants are responsible for maintaining updated Account Information as this information will be used to contact Participants regarding their Account and their activity with the Program.
- The Program is subject to all applicable laws and regulations.
- By participating in the Program, you release Spafinder, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any rewards.
- You agree to and shall defend and indemnify and hold Spafinder and any third party providers, partners and affiliates, and their officers, directors, employees, representatives and agents harmless from and against any claims, causes of action, suits, proceedings, damages, costs and expenses, or other demand, including, without limitation, legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of, relating to, or arising from your participation in the Program the use of your account by and other person or persons, or your breach of these terms and conditions.
- These terms and conditions and their performance shall be governed by the laws of the state of Florida, United States of America, without regard to its provisions governing conflicts of law. You consent and submit yourself and your property to the exclusive jurisdiction of the state and federal courts located in Miami Dade county, the state of Florida, United States of America, in all questions and controversies arising out of your use of the Program and these terms and conditions and waive any objection that you now or may hereafter have as to the venue of such action or proceeding. Participation in the Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.