Facegiven Rewards Program Rules
The Facegiven Rewards Program is a promotional offer unique to website and mobile applications that have been registered with Facegiven (the “Participating Websites”) by the individuals or business entities that own or control such registered websites and mobile applications (the “Participating Website Owners”). End users who wish to take part in the Facegiven Rewards Program must also register with Facegiven and agree to comply with these Facegiven Rewards Program Rules (the “Official Rules”) in order to be authorized users of the Facegiven Rewards Program (“Users”). Users accessing and engaging with the Facegiven Rewards Program in accordance with these Official Rules and otherwise in compliance with the then current Facegiven Terms of Service, available at http://www.Facegiven.com/terms, can earn Points (defined below) for activities described on a Participating Website. Points are reflected in the User’s account and can be used to redeem rewards (“Rewards Merchandise”) from the catalog located on the Participating Website (“Merchandise Rewards Site”). The Rewards Merchandise may change from time to time, without notice, at Facegiven’s discretion or at the discretion of the Participating Website Owner.
FACEGIVEN PROGRAM PARTICIPATION. The Facegiven Rewards Program allows Users to earn Points while using, viewing or responding to a Participating Website, in accordance with the rules of that promotion and the EARNING POINTS provision of these Official Rules. For the purposes of the Facegiven Rewards Program, “Points” mean those particular Facegiven Rewards Program measurement increments, which can be used to redeem certain Rewards Merchandise from the Merchandise Rewards Site. Points and their values are: (a) determined by Facegiven or the Participating Website Owner in its discretion; (b) subject to change without notice; and (c) may vary among promotions. All Points and actions utilizing 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 Facegiven Rewards Program is terminated or a Participating Website Owner’s participation in the Facegiven Rewards Program has been terminated, as set forth below. Unless prohibited by law, unused Points are forfeited upon termination of the Facegiven Rewards Program or termination of a Participating Website Owner’s participation.
A User may have only one identity that can be used to accrue Points for the Participating Website’s promotion. For example, if a promotion allows users to accrue points via Facebook or Foursquare, a User may have one user account for Facebook and one user account for Foursquare that may accrue points, so long as they are both registered in the same User’s name. 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 in Facegiven’s sole discretion.
EARNING POINTS. Subject to change, Users may earn a certain number of Points for particular activities as those Point-earning activities are fully described on the Participating Website and in the particular promotion through which a User is invited to participate.
Points and point-earning activities shall be reflected in a widget displayed on a Participating Website and may be recorded for review by the Participating Website Owner. Points will be reflected in a commercially reasonable time after they are earned. Any inquiries regarding Points not correctly reflected must be received by Facegiven within 7 days of the date of alleged accrual of Points. A User’s earned Points are not transferable.
POINT REDEMPTION. Users can select and order Rewards Merchandise from the Rewards Merchandise catalog on the Merchandise Rewards Site. Depending upon the item selected by the User as Rewards Merchandise, either the User will receive the Rewards Merchandise from the Participating Website Owner or from Facegiven directly. Rewards sent by Facegiven are sent from the entity offering the merchandise selected by the User as Rewards Merchandise and those merchandisers may have their own terms and conditions associated with their merchandise for which the User must comply in terms of warranties, use and redemption of credits, and any other terms that apply to the Rewards Merchandise. If a User has a problem with their order, they can contact Facegiven at support@Facegiven.com, or the application portion of the Participating Website.
TERMINATION. This Facegiven Rewards Program may terminate at Facegiven’s discretion, upon notice of termination of the Facegiven Rewards Program. Notice of termination shall be provided to Users in the manner Facegiven deems reasonable, including but not limited to, posting such notice on the Participating Website or the Facegiven 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 Facegiven, the Participating Website Owner or a supplier of Reward Merchandise. Facegiven may also terminate a User’s participation in the Facegiven Rewards Program if it determines, in its sole discretion, that the User is in breach of any terms of these Official Rules.
GENERAL CONDITIONS. All federal, state and local laws and regulations apply. Taxes on Rewards Merchandise (excluding excise taxes on Rewards Merchandise shipped or mailed to PR), if any, are the User’s sole responsibility. Again, Points are not transferable. Once a User accumulates $600 (US dollars) worth of Points, whether or not those Points are redeemed and used for Rewards Merchandise or accumulated over an extended period of time, the User may be required to complete an Affidavit and Release, with Points subject to forfeiture if not returned within the stated time.
TERMS. By participating in the Facegiven Rewards Program, Users agree: (a) to be bound by these Official Rules and by the decisions of Facegiven, which are final on all matters pertaining to this Facegiven Rewards Program, and (b) to release, indemnify and hold harmless Facegiven and Participating Website Owners (and its and their parents, affiliates, subsidiaries, related entities, divisions, distributors, wholesalers, partners, licensees, retailers, sponsors, partnerships, representatives, vendors, contractors, successors, assigns, 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) your participation in the Facegiven Rewards Program in violation of any applicable law, rule, regulation or provision of these Official Rules, (iii) the awarding, acceptance, receipt, use, redemption, misuse, possession, loss or misdirection of any Points or Rewards Merchandise or preparing for or participation in any related activity or (iv) injury to persons or property related to use or misuse of the Participating Website or the Facegiven Rewards Program. The Facegiven Rewards Program is governed by, and these Official Rules shall be construed and interpreted pursuant to, the laws of the State of California. Facegiven and all entities involved in conducting this Facegiven Rewards Program, reserve the right in their sole discretion to limit participation in the Facegiven Rewards Program, assess varying Point values to Point earning opportunities, and to terminate or disqualify any User’s involvement in the Facegiven Rewards Program.
Facegiven is not responsible for the inability of a User to accept, redeem and/or use Rewards Merchandise for any reason, including any third-party’s terms and conditions and/or the terms of business and operations for a particular entity (e.g., timeframes for selecting merchandise, registration obligations, etc.) who is offering Rewards Merchandise. Normal Internet access and usage charges imposed by a User’s online service shall apply.
FACEGIVEN REWARDS PROGRAM MALFUNCTIONS AND CONDUCT. Facegiven reserves the right to modify, suspend and/or terminate the Facegiven Rewards Program, without notice, in whole or in part, in the event of computer, programming, system errors or other problems which are beyond Facegiven’s control and that affect Facegiven’s ability to proceed as intended. If the Facegiven Rewards Program is not capable of running as planned for any reason, including those due to: (a) infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Facegiven Rewards Program; or (b) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared), Facegiven reserves the right at its sole discretion to cancel, terminate, or suspend the Facegiven Rewards Program without obligation or prior notice.
LIMITATIONS OF LIABILITY. THIS FACEGIVEN REWARDS PROGRAM AND ALL REWARDS MERCHANDISE IS 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. FURTHER, AND FOR THE PURPOSES OF ADDITIONAL CLARIFICATION FACEGIVEN DOES NOT CONTROL AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE DESIGN, MANUFACTURE OR USE OF ANY REWARDS MERCHANDISE. FACEGIVEN IS NOT RESPONSIBLE FOR ANY ASSURANCES, GUARANTEES, REPRESENTATIONS OR WARRANTIES MADE OR IMPLIED BY THE PARTICIPATING WEBSITE, PARTICIPATING WEBSITE OWNER OR ANY PARTIES ASSOCIATED WITH OR INVOLVED IN THIS FACEGIVEN REWARDS PROGRAM, INCLUDING BUT NOT LIMITED TO ANY POINT VALUE VARIATIONS, MERCHANDISERS, MANUFACTURES, SUPPLIERS OR ADVERTISERS OF ANY REWARDS MERCHANDISE OR THEIR TERMS, CONDITIONS OR WARRANTIES RELATING TO SELECTING ANY MERCHANDISE.
Facegiven is 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 Merchandise; (c) for typographical, printing or other errors in the offer or administration of the Facegiven Rewards Program; (d) errors, irregularities or failures in: (i) awarding, accumulating, receiving, redeeming or using Points; (ii) advertising; or (iii) accessing the Facegiven Rewards Program; (e) mistakes in or changes to the Official Rules, the selection, notification and announcement of the Points or the distribution of Rewards Merchandise; (f) any direct or indirect damage(s), loss(es), expense(s) or injury(ies) relating to, or arising out of the design, manufacture or use of any Rewards Merchandise; 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 Facegiven Rewards Program or by any technical or human error which may occur in the processing of submissions in the Facegiven Rewards Program. Facegiven 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. Facegiven 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 Facegiven Rewards Program.
MISCELLANEOUS. By participating in the Facegiven 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.