AIR WICK® FRAGRANT HOMES CLUB TERMS & CONDITIONS
Please read this document carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you register for this Program. By registering for the Program, you acknowledge and agree to be bound by all of the terms and conditions stated herein. If you do not agree to these terms, do not register for the Program. Sponsor reserves the right to modify or terminate the Program at any time and in any manner, in whole or in part, as outlined below, even though such changes may affect the redemption value of the Points already accumulated or the availability of redeemable merchandise. You agree that you will review these terms periodically and that you shall be bound by any modifications hereof.
- SPONSOR: AIR WICK® Fragrant Homes Club (the "Program") is sponsored by Reckitt Benckiser, Inc. (USA)("Sponsor").
- TERM: The Program starts on September 28, 2009, at 11:00:00 AM Eastern Standard Time ("ET") ("Start Date"), and ends at 11:59:59 PM ET on December 31, 2010 ("End Date"). The term of the Program may be changed or the Program terminated at any time at the sole discretion of the Sponsor.
- ELIGIBILITY: The Program is open to legal residents of the fifty (50) United States or the District of Columbia who are 18 years of age or older at the time of registration and have the capacity to enter into a binding contract. The Program is void elsewhere and where prohibited. Employees of Sponsor, its parent, subsidiaries, affiliates, advertising and promotional agencies, suppliers, and any other companies engaged in the development, production, or distribution of materials for this Program, and household members of each such employee, whether or not related, are not eligible to participate in the Program.
- HOW TO REGISTER: To register, go to www.airwick.us//fragranthomesclub (the "Website") and follow the instructions to register. Once registered, you will become a "Member". As a Member, you will have your own account in which you can collect and earn reward codes ("Member Account" or "Account"). Once you have registered or logged-in, you will be able to earn reward codes by the methods described below (see sections 5, 6, and 7 below).
- REWARD CODES: A code is a unique alpha code (hereinafter "Code") and may be distributed in a number of ways including, but not limited to, the following: Website information and features, and Sponsor advertisements and communications made throughout the Program.
- EARNING CODE: Participation in activities: Throughout the Program, there will be activities available for participation on the Website, each with an associated code. These may include, but are not limited to: viewing videos, answering polls and surveys, reading articles, entering AIR WICK UPC Codes and participating in other activities on Website links. These code-earning activities will be updated from time to time. Members may access and participate in some activities more than once, but not every activity will earn multiple codes. There are some limits to how many codes can be earned in an activity per member.
- Participation in activities: Throughout the Program, there will be activities available for participation on the Website, each with an associated code. These may include, but are not limited to: viewing videos, answering polls and surveys, reading articles, uploading photos, entering AIR WICK UPC codes and participating in other activities on Website links. These code-earning activities will be updated from time to time. Members may access and participate in some activities more than once, but depending on the activity a Member may only earn a Code once for that particular activity as described on the Website.
- Entering AIR WICK UPC Codes: Members may enter participating product’s UPC Codes into their account to earn reward codes. Limit one reward code per member per month per UPC code. Once a UPC code has been entered to receive a reward code, it can not be entered in again for another 30 days. One reward code is awarded per participating UPC code. Sponsor reserves the right to determine eligible UPC codes that qualify for earning reward codes.
- Refer A Friend: When prompted, submit the name and unique email address of one (1) friend at a time, each of whom will receive an email. You may only refer persons with whom you have an existing personal relationship. On the Refer a Friend confirmation page, one Code will be displayed for the Member. The friend will also receive a Code in their email. For each email that you send, you will receive one code. You may only refer a person or email address once. Multiple referrals to the same person or email address by you or by others after the first referral to that person or email address will be void and will not earn you any Codes. Sponsor’s determination with respect to the number of Codes earned through referrals is final and binding.
- Codes accrued in the Program are non-transferable to other Member Accounts and have no cash or monetary value. Sponsor expressly reserves the right to establish additional means of accruing Codes, to delete any or all of the means currently in effect, to exclude specific types of activities from the accumulation of Codes and to specify periods after which unused Codes will be forfeited. Codes can be accrued only for an activity actually taken and completed by you, as determined by Sponsor, and can be applied only to your Member Account.
- Up to 15 Codes will be credited to Member Accounts immediately following the completed activity.
- REDEEMING CODES
- To enter a Sweepstakes/Game: Codes can be redeemed for entering sweepstakes and games that will be featured on the Website throughout the Program. Each sweepstakes and game has its own terms and conditions as well as limits to how many Codes can be redeemed per day per member. Under the Website, sweepstakes, contests and games are only open to AIR WICK® Fragrant Homes Club members. Log-in to the Website using your registered email and password. Browse the Website and select the sweepstakes and/or game you wish to enter. Please refer to the sweepstake’s OFFICIAL RULES (incorporated herein by reference) for details regarding eligibility, the closing date, prizes available, entry limits and number of Codes required to enter. Each time you enter a sweepstakes and/or game, a Code will be automatically deducted from your Member Account. All sweepstakes and/or games set forth on the Website are void where prohibited, and are subject to the Official Rules pertaining to such sweepstakes and/or game. Under the Website.
- To print an online coupon offer. Codes can be redeemed for additional online coupon offers featured on the Website once logged in as a member. Browse the Website and select the Coupon you wish to print. Select a Code to redeem for a coupon and hit the “print” button. One coupon per code per member is available. One Code per Coupon print. To access coupons, members must download the secure coupon print activator and follow activator directions. Please refer to the terms and conditions of coupon printing. You will need to install the coupon print activator and make sure your printer is turned on. In the event of installation, printer, browser or operating system problems or malfunctions, the Sponsor is not obligated to offer a new coupon or send a coupon via postal mail.
- CODES AND ACCOUNTS: When logged in to the Website, Members will be able to view their registration information in their Account profile, as well as their Codes balance. Sponsor will attempt to credit earned Codes on a timely basis. However, neither Sponsor nor its agents will be liable for any unaccredited or misdirected Codes. Sponsor reserves the right to invalidate Codes if it determines, in its sole discretion, that such Codes were improperly credited or obtained fraudulently. Releases (as defined below) assume no liability for discrepancies, omissions, inconsistencies or errors with respect to a Member’s Account Profile. Subject to forfeiture or any expiration, Codes will be maintained in your Member Account until they are redeemed for a sweepstakes and/or game entry, or online coupon, or Code expiration date, or the termination of the Program, whichever shall first occur. Sponsor reserves the right to impose expiration dates on Codes that remain unused as it determines in its sole discretion. All decisions regarding Code balances, redemptions, and forfeitures, and the identity of the individual accessing a Member Account, are within our sole discretion and are final and binding.
In the event of a dispute regarding the identity of a registered Account-holder, the registration will be deemed to have been made by the authorized account holder of the email address at the time of registration and he/she must comply with these Terms and Conditions. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
- Code Limits: Each unique Code can only be used once. Subsequent attempts to re-submit or re-use the same Code will be void and ineligible to earn redeem. Codes must be redeemed by the date indicated in the applicable communication on the Website or they will be void. In general, Codes expire 15 days from the date earned. Any Codes that remain unused after 15 days from the date earned, will not be available in the member account. Sponsor reserves the right to limit the number of Codes entered into a Member Account on a daily basis, or alter or modify any posted Code entry limits, at any time without prior notice. It is your responsibility to check the Website and/or these Terms and Conditions for any changes made to the limitation of Codes that may be entered or redeemed.
- Member Account: Limit one (1) Member Account per person and per email address. Multiple Member Accounts created by any person or email address after the first Member Account created for that person or email address will be void and will also void Codes associated with that Member Account. By registering, you agree to maintain the confidentiality of your password and Member Account, and that you are fully responsible for all activities that occur under your password or Member Account. Codes entered by one person into multiple Member Accounts under different email addresses may be voided by Sponsor in its sole discretion. Codes in a particular Account cannot be transferred to or combined with or shared with any other Member Account. No groups, clubs or organizations can register for a Member Account or participate in the Program. Possession of a Code does not constitute proof of entering a Code into any particular Member Account. If for any reason your Member Account is terminated by either you or the Sponsor, all of your Codes accrued will be forfeited.
- No Value: Codes do not constitute property, do not entitle a Member to a vested right or interest and have no cash value. Unused Codes shall be deemed void upon the termination of the Program or such expiration date that the Sponsor imposes.
- No Transfer: Codes and Member Accounts cannot be sold, traded, bartered, assigned or transferred to or shared with a third party or auctioned through an online auction site or otherwise. Any Codes which Sponsor deems in its sole discretion to have been sold, traded, bartered, assigned or transferred may be confiscated and/or canceled. Codes, once redeemed (for a sweepstakes and/or game entry, or online coupon), cannot be returned, refunded, transferred or re-used.
- NO WARRANTY: SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR A WARRANTY THAT ITS PROGRAM WILL BE ERROR-FREE. SPONSOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In addition, Sponsor and its authorized agents make no representations, guarantees or warranties of any kind concerning the appearance, safety or performance of any item/PRIZE AWARDED VIA ANY SWEEPSTAKES, OR GAME. Members bear all risk of loss or damage to an item/PRIZE once shipment has been initiated. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
- Sponsor reserves the right to revise any of the these Official Terms and Conditions at any time by updating this posting; revisions may include, but are not limited to, the duration of the Program, the methods and number of methods through which you may earn Codes, the type or number of games, sweepstakes, coupons or other promotional activities which you may redeem your Codes to enter, the number of Codes that may be redeemed in the Program, and any of the options made available to you with respect to your Member Account. These revisions may be made at any time, without notice, even though these changes may affect your ability to earn or use Codes. By continuing to participate in the Program following the posting of any such change, you are deemed to have agreed to the amended version of these Official Terms and Conditions and are bound by any such revisions and should therefore periodically visit this Website to review the then current Official Terms and Conditions to which you are bound. Any failure to comply with these Official Terms and Conditions, or any attempt to act in a way that is inconsistent with the intent of these Official Terms and Conditions, or any conduct detrimental to Sponsor, or any misrepresentation, or any fraudulent activities in connection with this Program, or failure to act in a manner consistent with federal, state, provincial or local laws, regulations or ordinances by you may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of your Member Account, and the forfeiture and relinquishment of all Codes you have accrued in the Program, as determined by Sponsor or its authorized agents, in their sole discretion.
- Notwithstanding the above, should Sponsor decide to discontinue the Program before the end date, notice will be given to users (as determined in Sponsor's discretion). Once the notice period of the Program has ended, Codes will no longer be redeemable, and all Codes automatically become void.
- LIMITATIONS OF LIABILITY: No responsibility or liability is assumed by Releases (as hereinafter defined) for any technical problems or technical malfunction of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the Program: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectively or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or telephone providers; garbled, jumbled or faulty data transmissions; failure of any email or telephone transmissions to be sent to or received; lost, late, delayed, garbled, damaged, misdirected, undelivered or intercepted email; inaccessibility of the Website or phone system in whole or in part for any reason; traffic congestion on the Internet or Website or phone lines; unauthorized human or non-human intervention of the operation of the Program, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Program or data thereof, including, without limitation, tampering of or hacking into the telephone lines, or loss, miscount, misdirection, inaccessibility or unavailability of a Member Account used in connection with the Program. Releases are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Program, or use of or download of any information from the Website. Use of the Website is at user’s own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
- CONDITIONS ON USER PARTICIPATION: By participating, all participants signify their agreement to be bound by these Official Terms and Conditions, (and any Official Program Rules which may appear on the Website from time to time), and the decisions of Sponsor and its authorized agents whose decisions in all aspects shall be final and binding. Sponsor and its authorized agents may, at their sole discretion, disqualify any individual from participating in any aspect of the Program, and/or may cancel, suspend or block any Account registered by such person (and void all associated Codes) if Sponsor and its authorized agents deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Official Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) using any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; or (e) repeatedly attempting to enter void Codes in one or more Accounts, as determined by Sponsor; or (f) engaging in any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) engaging in any activity deemed in sole discretion of Sponsor and its authorized agents to be generally inconsistent with the intended operation of the Program.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL LAW AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AUTHORIZED AGENTS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
- RELEASE OF LIABILITY: By participating, all participants, on behalf of themselves, their executors, heirs and assigns, agree to release Sponsor, its parent, affiliates, subsidiaries, franchisees, advertising and promotion agencies, suppliers, and all of their respective officers, directors, employees and agents, (collectively, the "Releases"), from any and all liability, claims or actions of any kind whatsoever for INJURY, LOSS, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE PROGRAM, including but not limited to, preparing for, participating in or traveling to and/or from any item/PRIZE or related activity, or the receipt, ownership or use of any item/PRIZE (B) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE PROGRAM (INCLUDING WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS PROGRAM, any typographical, printing, mechanical, network, electronic, human or other errors, errors that may occur in connection with the administration of the Program, the redemption and accrual of Codets, the incorrect processing of Codes, the incorrect tabulation of Codes, or any inaccurate or incorrect data contained on the Website or in a Member Account); OR (C) THE PERFORMANCE OR NON-PERFORMANCE OF THE PROGRAM BY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You accept all responsibility for, and hereby indemnify and hold Releasees harmless from and against, any actions taken by any user authorized to use your Member Account, including, but not limited to, accrual of Codes, redemption of Codes, and disclosure of passwords to third parties. Participants agree that all causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action.
- In the event of any conflict between any Program details contained in these Official Terms and Conditions and Program details contained in Program Materials (including but not limited to point of sale, television, and print and online advertising, promotional packaging, Official Rules and other promotion media), the details of the Program as set forth in these Official Terms and Conditions shall prevail.
- If any provision of these Official 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.
- GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Terms and 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 substantive laws of the State of New Jersey without regard to new Jersey conflicts of laws principles. All participants consent to the jurisdiction and venue of the State of New Jersey.
- NO WAIVER. Sponsor’s failure to exercise or enforce any right or provision of these Official Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing.
- Captions. The headings in these Official Terms and Conditions are for your convenience and reference. These headings do not limit or affect these Official Terms and Conditions.
- PERSONAL INFORMATION: Except as noted in these Official Terms and Conditions, information collected from participant shall be used only for the purpose of administration of the Program, a sweepstakes or game, and will not be re-used, sold or shared in any manner by Sponsor or any third parties unless participant has elected to receive additional information and promotional material from Sponsor or a third party. By entering the Program, you agree to all of the terms and conditions of Sponsor’s Privacy Policy at: www.airwick.us/privacy . In the event of any discrepancy between the Privacy Policy and these Official Terms and Conditions, these Official Terms and Conditions shall control and govern.
- Complete Agreement. These Official Terms and Conditions, together with those items made a part of these Official Terms and Conditions by reference, make up the entire agreement between Sponsor and the Program members relating to the Program, and replaces any prior understandings or agreements (whether oral or written) regarding the Program. If a court finds any of these terms to be unenforceable or invalid, that term(s) will be enforced to the fullest extent permitted by applicable law and the other terms will remain in full force and effect.