We’ve made it easy for you to win jewerly, exclusive gifts, and special savings just by sharing great social content. It’s easy, fun and best of all, rewarding! Join today to start earning now.
Join Today and you will instantly get $25 off your next purchase in our store.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN THIS PROGRAM OR WIN ANY PRIZE. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF EARNING POINTS OR WINNING PRIZES/REWARDS. VOID IN PUERTO RICO, THE US VIRGIN ISLANDS, GUAM, OUTSIDE THE UNITED STATES, AND WHERE PROHIBITED BY LAW. SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS, REGULATIONS, AND ORDINANCES. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., TWITTER, INC. INSTAGRAM, INC., YOUTUBE, LLC OR AMERICAN EXPRESS.
1. PROMOTION PERIOD. The GemPerks Rewards Program DECEMBER 2015 (the "Promotion") begins on January 01, 2017 at 12:01:01 a.m. Eastern Time ("ET") and ends on March 31, 2017 at 11:59:59 a.m. ET (the "Promotion Period”).
2. SPONSOR AND ADMINISTRATOR. The sponsor of this Promotion is GemPerks ("Sponsor"). Sponsor's computer is the official time-keeping device for this Promotion. The administrator of this Promotion is BASIS, 1321 7th st. #208 Santa Monica CA 90401 (“Administrator”).
3. ELIGIBILITY. This Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who successfully register for Sponsor's GemPerks Program (each a “Member” and collectively, "Members"), and who are at least 18 years of age or the age of majority in their state of permanent residence, whichever is older, at the time of entry. Registration in the GemPerks Program is free. Officers and directors of Sponsor, Administrator, and each of their respective affiliated companies, subsidiaries, sales representatives, suppliers, distributors, consultants, legal counsel, advertising, public relations, promotional, fulfillment, marketing, and judging agencies, website providers, web masters, printers and the agencies or contractors of any of the above organizations, including any entities engaged in the development, production or distribution of materials for this Promotion (collectively, the "Promotion Entities"), and the immediate family members and/or persons living in the household of each Promotion Entity, are not eligible to enter this Promotion or win a prize. Employees of Sponsor are eligible to enter this Promotion, but are prohibited from winning a prize or reward with a value that exceeds $25.00. Employees of Sponsor who become Members must comply with Sponsor’s Social Media Policy and the disclosure requirements described in Section 4. For a copy of Sponsor’s Social Media Policy, contact GemPerks Resources. For a copy of these Official Rules, print them from spacesquad.perksocial.com (the “Website”).
4. HOW TO ENTER. Visit the Website and, if you have not already done so, follow the instructions to register for the GemPerks Program, which includes providing your name, email address, mailing address and birthdate. Members who join the GemPerks Program during the Promotion Period will automatically earn five hundred (200) Promotion points ("Points") for doing so. During the Promotion Period, Members will receive one or more emails from Sponsor inviting them to share Sponsor content included in the email. On the Website, which may be updated from time to time, Members will find a list of instructions on specific tasks that eligible Members may complete via the Perksocial® application or Facebook and Twitter (the "Approved Platforms") in order to earn Points. Each task will be worth a specific Point value, as specifically listed on the Website. Members must comply with the Terms and Conditions of the GemPerks Program ("Program Terms"), including applicable exclusions and limitations with respect to earning Points for certain content and sharing activities. Note that only actions taken via the Perk Social application, on content shared on social networks via Perk Social, or on emails sent from the Perk Social application will accrue points in connection with this Promotion. Points
cannot be sold, bartered, traded, combined, reassigned or transferred, and have no cash or credit value. Unless otherwise specified, a maximum of four thousand (4,000) points may be earned per Member each day. By participating in this Promotion, Member acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Promotion in any online sharing interaction that references the Promotion or is used to earn Points in connection with this Promotion. At a minimum, the hashtag "#sponsored" or "#promotion" should be included in all social media communications sent pursuant to the Promotion. Sponsor reserves the right in its sole discretion to disqualify any Member who does not adequately disclose his or her participation in this Promotion while engaging in any online social sharing interaction during the Promotion Period.
5. PRIZES. Winners are responsible for any or all applicable taxes associated with any prizes. Gift Cards have no cash value and can not be used in combination with other Gift Cards or offers. Gift Cards must be redeemed in person.
GemPerks Rewards Program Terms and Conditions Last modified: August 1, 2016
Eligibility and Enrollment. This Rewards Program is open to legal residents of the fifty (50) United States, including Washington, D.C., who are at least 18 years of age or the age of majority in their jurisdiction of residence, whichever is older, at the time of enrollment in this Rewards Program. Employees, officers and directors of Sponsor, Administrator, and each of their respective affiliated companies, subsidiaries, sales representatives, suppliers, distributors, consultants, legal counsel, advertising, public relations, promotional, fulfillment, marketing, and judging agencies, website providers, web masters, printers or the prize provider, agencies or contractors of any of the above organizations, including any entities engaged in the development, execution or fulfillment of this Rewards Program, together with the immediate family members and persons living in the same household as such individuals, are not eligible to participate in this Rewards Program. Eligible individuals may enroll in this Rewards Program by clicking on the links and following the instructions at the Website, including the instructions for agreeing to the End User Terms, adding a social sharing site account, and authorizing the Perksocial App. Please note that you must use your full legal name when enrolling in the Rewards Program; use of an alternate name, screen name or handle is prohibited, and may result in the termination of your account.
Enrolled persons are referred to in these Program Terms as "Members". In order to access and use the Perksocial App, participants must have a device that is capable of accessing the Internet and is compatible with the Perksocial App. If you are not eligible to participate, you are prohibited from accessing, using and registering for the Rewards Program. If you are registered for an account with this Rewards Program and want to stop participating, delete or cancel your account at the Website.
Membership Termination. Sponsor reserves the right, in its sole discretion, to terminate or suspend any Member’s Rewards Program account for any or no reason, including without limitation if an account has been inactive for one hundred eighty (180) consecutive days or more, or in the case of suspected fraud, misuse, or violation of these Program Terms, the Official Rules of a Promotion, or applicable law. If your Rewards Program account is terminated, it will result in cancellation of all rights of access to and use of the Website, and all points will become null and void regardless of when or how they were acquired. Any decision Sponsor makes relating to termination or suspension of any Member’s Rewards Program account shall be binding and irrevocable.
Earning Points. Once a Member has completed the enrollment process and authorizes the Perksocial App to share content on Member's behalf, he or she may begin connecting additional social sharing sites to the Perksocial App and earning points. Actions taken prior to enrollment are not eligible to earn points. From time to time, Sponsor sponsors contests, sweepstakes or other promotions ("Promotions") in connection with which it will identify certain actions and social sharing sites, such as Facebook.com, twitter.com, YouTube, Foursquare, LinkedIn, or MySpace (the "Approved Sites") in the applicable Official Rules. Members who take the actions ("Qualifying Activities") at the Approved Sites during the promotion period, as each is described in the Official Rules governing a promotion, will "earn" points as described in the applicable Official Rules. In connection with Promotions, Members will receive e-mails including official GemPerks content ("Official Content"), from time to time, and depending on your selected settings, will include a request for permission to post that Official Content on Member's behalf at Approved Sites registered by Member with this Rewards Program or will provide Member with the option to disapprove Official Content if they have selected the "auto post" content option. See the Official Rules for each promotion in connection with this Rewards Program for all details about which activities serve to earn points, how many points, any limitations or conditions on points earning, points accumulation, Qualifying Activities and more. Preliminary Member points can be tracked in the Member's Rewards Program account, which can be accessed through the Application. Points are always subject to verification and eligibility determined by Sponsor. Sponsor reserves the right in its sole discretion, at any time during the duration of this Rewards Program, all as set forth in these Program Terms and in Official Rules applicable to each promotion, to change the number of points awarded, or to award no points, for any particular Qualifying Activity, to offer additional or new Qualifying Activities for a limited time or permanently, to delete any or all means to earn points, to limit the number of times a Member may earn points for engaging in a Qualifying Activity or engaging in the activity during a specific time period, or to offer points earning opportunities to select groups of Members. Also, Sponsor may offer points for engaging in a Qualifying Activity under one set of Official Rules for one promotion, and may opt not to offer points for engaging in that same activity under a subsequent promotion.
5. Limitations and Exclusions on Qualifying Activities. Limit : One (1) Rewards Program account per person, mobile device or email address. Members' social sharing site accounts registered with this Rewards Program ("Member Accounts"), activities in connection with this Rewards Program and any and all Tweets, re-Tweets, comments, updates and other content, including Official Content, Members upload to Approved Sites in connection with this Rewards Program ("Member Content") are subject to these Program Terms, including the below limitations and exclusions: Member Accounts must be open to the public (an account where anyone can subscribe to follow and see your Member Content). For example, Member Content is not eligible to accrue points if a Member shares it via a Twitter (or other social sharing platform) account which is locked or set to a private option (where a user must approve all follow requests and/or Member Content is distributed to fewer than twenty five (25) followers). For example, sharing Member Content with fewer than all friends connected to a Facebook account, sharing Member Content only with yourself or another social sharing account you control, or with only a limited number of your friends or contacts will not earn points. Member Content must comply with these Program Terms and the terms applicable to users of each Approved Site to which it is submitted, and must be submitted by the registered subscriber of the applicable Approved Site account, to which the Member Content is uploaded. Members operating multiple accounts, whether in their name or handle, or using alternative names or handles, at a single Approved Site will be in violation of these Program Terms. For example, if a Member operates and uses multiple fake Twitter accounts to share or re-tweet Member Content, the Member will be disqualified from this Program. Member Content must be in English or Spanish or French, may not include gibberish, nonsense keywords, random characters or hyperlinks to sites or content unrelated or not relevant to Sponsor or its business. Member Content intended to promote your or another's business activities, or which is derogatory, includes profane or vulgar language or personal attacks is prohibited. Use of fake Approved Site accounts, or accounts not registered to the Member using them for this Rewards Program, is prohibited. Creation of fake Members, via electronic or manual efforts, in order to obtain recruitment points is strictly prohibited. You will not earn points, and your Member Account may be terminated, for sharing Member Content via an Approved Site account on any network where the majority of Tweets or communications from that Approved Site account are used to earn points, to Tweet or post repetitive messages on one or more Approved Site accounts, to share Member Content that is not relevant to Sponsor or its business, or include multiple hashtags. If a friend or follower likes, comments on or retweets the same Approved Site post multiple times, you will earn points only for the first action the friend or follower takes with respect to a particular post or update. If the foregoing activity occurs repeatedly or excessively, as determined by Sponsor in its sole discretion, your Member Account may be terminated. No points are earned if a Tweet, comment or shared item is more than 2 weeks old at the time a friend or follower re-Tweets it, likes it or comments in response to it. Member Content posted on Facebook, Twitter or other Approved Site, or actions on that Approved Site, that are posted, then deleted, or liked, then unliked will not earn points and will disqualify the posting Member. Member Content, including any posts, updates or comments that refer to points being earned or rewarding another Member with points, is prohibited and may result in disqualification. Member represents and warrants that his or her Member Content: (a) (other than content originally shared by Sponsor with Member) is Member's own original work, and does not contain any material that violates or infringes another's rights, including moral rights, rights of privacy, publicity or intellectual property rights; (b) has not been submitted previously in any promotion of any kind or exhibited or displayed publicly through any means or media; (c) if a photograph of a person, depicts
Member only, and no other persons; (d) does not identify, reference or depict any competing team, franchise or brands, products or services, including by means of prominent trademarks (including words, logos or designs), other than those owned by Sponsor; and (e) does not disparage Sponsor or any party or agent affiliated with this Rewards Program, or include words or graphics that are offensive, lewd, hateful or defamatory of any person or group, or include any elements or gestures that, as determined by Sponsor, in Sponsor' sole discretion, are negative, obscene or inappropriate. All third-party content and content unoriginal to you, other than Official Content, is prohibited. Member Content that, in Sponsor's discretion, is posted in order to manipulate any applicable leaderboard in a Promotion, the results of any Promotion operated by Sponsor, this Rewards Program or other Sponsor engagement programs, whether to boost the popularity of a Member's own Member Content or to diminish the popularity of other Members' Member Content, will disqualify the Member from this Rewards Program and will not earn points. Any leaderboard or other publication of Sponsor providing unvalidated, interim standings between Members in connection with a Promotion is provided for informational purposes only. A Member is not a winner of any reward or prize, even if a leaderboard should so indicate, unless and until the Member's eligibility and Qualifying Activities have been verified under these Program Terms and the Official Rules of the applicable Promotion. No robotic, software-generated, other automated, purchased or incomplete Qualifying Activities will earn points. Gaming, fraud or abuse relating to the earning of points, or the usage of any name (including an alternate name, screen name or handle) other than your full legal name during your participation in this Rewards Program, may result in forfeiture of accrued points as well as termination of your account and/or a permanent ban on your participation in this Rewards Program, in Sponsor's sole discretion. In the event of a dispute over the identity of a Member, the Member will be deemed to be the authorized account holder of the e-mail address identified at enrollment into this Rewards Program, which authorized account holder must also be the subscriber of the applicable Approved Site account used in order to earn points. "Authorized account holder" is defined as the natural person who is assigned to an e- mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, social sharing site) that is responsible for assigning e- mail addresses for the domain associated with the applicable e-mail address. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the enrollment or points accrual process or the operation of this Rewards Program or otherwise attempting to undermine the legitimate operation of this Rewards Program in any manner. Use of bots or other automated processes to enroll, engage in activities, or earn points in connection with this Rewards Program or any Promotion offered in connection with this Rewards Program, is prohibited and may result in disqualification at the sole discretion of Sponsor. You must disclose that you are participating in this Rewards Program or a Promotion (if applicable) in any social sharing interaction that references the Rewards Program or a Promotion, or is used to earn points in connection with this Rewards Program or a Promotion. At a minimum, the hashtag "#sponsored" or "#promotion" should be included in all social media communications sent pursuant to the Rewards Program or a Promotion. Sponsor reserves the right, in its sole discretion, to disqualify any Member who does not adequately disclose his or her participation in this Rewards Program or a Promotion while interacting with the Approved Sites.
6. Program Acknowledgements. By enrolling in this Rewards Program, each Member acknowledges and agrees that: Points are not valid unless earned in strict compliance with the requirements of these Program Terms and the Official Rules of a Promotion, as
interpreted and applied by Sponsor, and Members shall not attempt to earn points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Sponsor's determination of the amount of points available to any Member hereunder shall be final and binding for all purposes. Points have no cash, trade or barter value. Members have no ownership interest in accrued points and points are not the property of Members. There may be a delay before points appear in a Member's account after a Qualifying Activity has been completed, and Members shall have no claim against Sponsor based on failure of points to appear in a timely manner. Points may only be earned in connection with Sponsor's Promotions and may not be redeemed by, or sold, exchanged or otherwise transferred to any other Member or to an account for any other rewards program. Upon termination of the Rewards Program for whatever reason, all points will become null and void and will not be redeemable for any good, service, or any other value, financial or otherwise. Sponsor's ability to accurately allocate points to a Member's account based on Qualifying Activities performed at Approved Sites may be restricted by the terms, conditions, or guidelines of such Approved Sites or the settings of Member and Sponsor will have no liability to a Member for such limitations on point earnings. To the extent Members engage in any Qualifying Activity to earn points and use text messaging in connection with this Rewards Program, you acknowledge that text messages will be charged in accordance with your carrier's standard text message and data rates. Contact your carrier and/or Internet access provider for pricing and details. All charges are the responsibility of the Member. This Rewards Program is not sponsored by, affiliated with, or endorsed by Facebook, Inc., Twitter, Inc., Instagram, Inc., LinkedIn Corporation, Myspace, LLC, YouTube, LLC, their respective successors or any other owner or provider of a social sharing network at which Qualifying Activities earning points may be completed. No robotic, software-generated, other automated or incomplete Qualifying Activities will earn points. Gaming, fraud or abuse relating to the earning of points may result in forfeiture of accrued points as well as termination of a Member's account and/or this Rewards Program, in Sponsor's sole discretion. In addition, Sponsor reserves the right to take legal action, including criminal prosecution, as Sponsor deems necessary, in Sponsor's sole discretion.
Changes to or Cancellation of this Rewards Program. Sponsor reserves the right to cancel, modify, restrict, suspend or terminate this Rewards Program or any aspect or feature of this Rewards Program, including points, at any time without notice. Points may be redeemed as set forth in these Program Terms. If Sponsor cancels this Rewards Program, all points remaining in Members' accounts will expire automatically, without notice or compensation. Upon any termination of this Rewards Program, all rights and obligations of the parties shall end.
Disclaimer of all Warranties. THIS REWARDS PROGRAM, INCLUDING, WITHOUT LIMITATION, POINTS AND REWARDS, AND ALL PROGRAM SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER SPONSOR NOR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS REWARDS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR
ERRORS WILL BE CORRECTED; (D) THIS REWARDS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED; OR (F) ANY LEADERBOARD USED IN CONNECTION WITH THIS REWARDS PROGRAM OR ANY RELATED PROMOTION IS ACCURATE OR COMPLETE. A MEMBER'S USE OF THE REWARDS PROGRAM IS SOLELY AT THE MEMBER'S OWN RISK.
9. Limitation of Liability, Releases. IN NO EVENT SHALL SPONSOR, ITS PARENT OR AFFILIATED ENTITIES, BASIS, TWITTER, INC., FACEBOOK, INC., YouTube llc, Instagram, inc. or any other owner or provider of a social sharing network at which Qualifying Activities earning points may be completed, OR ANY OF THEIR RESPECTIVE LICENSORS, AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES (COLLECTIVELY, THE "RELEASED PARTIES") HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ALL MEMBERS AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF POINTS OR ANY REWARD OR PRIZE, AND/OR PARTICIPATING IN THE REWARDS PROGRAM, REWARDS PROGRAM-RELATED ACTIVITIES, INCLUDING SWEEPSTAKES, CONTESTS, AND OTHER ACTIVITIES IN ANY WAY RELATED TO THIS REWARDS PROGRAM OR ANY PROMOTION OPERATED IN CONNECTION WITH THIS REWARDS PROGRAM, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY (A) MATTER BEYOND THEIR REASONABLE CONTROL, OR (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. By enrolling in this Rewards Program, Member agrees for Member and Member's heirs, executors, administrators and assigns, to release and hold harmless, and hereby releases and holds harmless, the Released Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever arising from or in connection with: (1) any unauthorized access to, alteration or use of Member's account, transmissions or data, any material or data sent or received or not sent or received through this Rewards Program, (2) any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights; or (3) a Member's acceptance, possession, grant, or use of any points, prize or reward, including without limitation, product failure or liability, personal injury, death and property damage arising therefrom.
Intellectual Property. By submitting any content ("Content Submission") to the Program or any Promotion that is part of this Program, Member explicitly acknowledges and agrees that the Sponsor, Administrator, and any of their respective legal representatives, customers, clients, successors or assigns, shall have the irrevocable, perpetual, and worldwide right to license, sub-license, edit, alter, post, reproduce, publicly display and publish, in any media, including online, any or all material which you upload to the Website, with or without first and/or last name credit to the Member without any additional consideration or approvals from or to Member; and Content Submissions that attempt to restrict this right will not be considered. Each Member warrants and represents that his/her Content Submission is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Content Submissions must not include any entity's brand name, logo, company name, trademark, service mark, copyrighted material, or material that is in any way proprietary except that of Sponsor. By submitting a Content Submission, you warrant that the Content Submission does not violate any law, regulation or right of any third party, including but not limited to copyright, trademark, rights of publicity or privacy, that you are in compliance with these Program Terms and that the Content Submission has not been published or submitted in any other competition. If the Content Submission contains an identifiable person other than the Member who submitted the Content Submission, by submitting the Content Submission, the Member represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and such person may be required to provide written consent to the use of the Content Submission.
Nature of Relationship/Waiver of Equitable Relief. Each Member understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Member also acknowledges that many ideas may be competitive with, similar or identical to content that Member may submit as part of the Program or any Promotion and/or each other in theme, idea, format or other respects. Each Member acknowledges and agrees that such Member will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each Member acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Content Submission. Finally, each Member acknowledges that, with respect to any claim by Member relating to or arising out of Sponsor's actual or alleged exploitation or use of any Content Submission or other material submitted, the damage, if any, thereby caused to the applicable Member will not be irreparable or otherwise sufficient to entitle such Member to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the Member's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Dispute Resolution. Except where prohibited by law, Members (and former Members) agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Rewards Program or any points, prizes or benefits awarded hereunder shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal
courts located in Detroit, Michigan; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Rewards Program, but in no event attorneys' or experts' fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive 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 Terms, or the rights and obligations of the Member (or former Member) and Sponsor in connection with this Rewards Program, shall be governed by, and construed in accordance with, the laws of the State of Michigan, United States without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
WARNING. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of this Rewards Program, or with the Website or any other websites or Approved Sites relating to this Rewards Program; or (b) acting in violation of these Program Terms. Any attempt by a Member or any other person to deliberately damage the Website or undermine the legitimate operation of this Rewards Program may be a violation of criminal and civil laws; and should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' and experts' fees) from any such entrant or other person to the fullest extent permitted by law, including seeking criminal prosecution.
Contact Us. If you have any questions about this Rewards Program or your points, contact us at email@example.com. It may take us 48 hours or longer to respond depending on the question. Please be patient.
16. Promotional gift cards may not be redeemed for some designer brands because the manufacturer does not allow the use of promotional gift cards for purchase of their product. See store for details.
What Information Does GemPerks Collect? The type of PII collected by GemPerks will vary with your use of the Site(s). GemPerks gathers most information during the registration processes GemPerks utilizes to allow access to and/or use of certain information. But, GemPerks may collect PII at other times, including, but not limited to, when you report a problem with our Site(s), when you complete survey forms, enter into a transaction through the Site(s), respond to requests for information or content, and when you request to receive communications from GemPerks. Below, we provide specific examples of the types of PII GemPerks may collect through the Site(s).
Contact Information: GemPerks may request or require contact information, such as your name, address, phone number, facsimile number, and email address. Demographic Information: GemPerks may collect demographic and profile data at our Site(s) as a part of its surveys, resume collection features, recipe offerings, advertisements for its products, and/or for management and monitoring purposes in order to continue to improve the Site(s) and the quality of GemPerks' on-line services. Technical Information: GemPerks may collect Internet Protocol (IP) addresses from all users of our Site(s) as well as the date and time of access and the Web page(s) accessed. GemPerks may also catalog your log-in information and your computer, browser, or operating system information and may maintain a database of aggregated information about the transactions on the Site(s) (e.g., tool or feature utilization or recipe selection data).
How Does GemPerks Use that Information? Most of the Site(s) is informational in nature and publicly available to all users. Consequently, until you participate in surveys or register for information from GemPerks, you are able to browse the Site(s) without providing any PII, although your browser may tell us what type of computer and operating system you are using as well as other kinds of technical information. Below, is more detail on how GemPerks uses your PII. Contact Information: GemPerks may use your name and city and state address for testimonials or your contact information for many purposes, including, to advertise its services and the goods and services of third parties, to create a personalized experience for you, to provide you with news and information, to contact you regarding a survey, and to get in touch with you when necessary with respect to transactions conducted through the Site(s), material changes in our Site(s)'s policies and agreements, new services GemPerks may offer, or otherwise. We may also share your contact information with our affiliates and business partners, as is necessary to provide our services and information, for advertising purposes, and for
What About Security? As is appropriate for the nature of PII collected and stored by GemPerks, the Site(s) has industry standard security measures or safeguards in place to protect against the loss, misuse, and alteration of the information under GemPerks' control. Although GemPerks has endeavored to create a secure and reliable Site(s), however, the confidentiality of any communication or material cannot be guaranteed. Accordingly, you should consider carefully f
you want to submit sensitive information to GemPerks. GemPerks urges you to take every precaution to protect your PII when on-line.
What About "Opting-Out" of Data Collection and Use? As you are permitted to browse the Site(s) without registering, you can decide on your own if you wish to provide our PII to GemPerks (when requested) or opt-out of doing so. For example, if GemPerks conducts a survey, you do not have participate unless you agree to do so. GemPerks also provides you with the opportunity to opt-out of certain GemPerks business practices where your PII may be used. For example, users may opt-out of having GemPerks use your PII in connection with the following activities: (i) inclusion in mailings or (ii) email communications or newsletters sent by GemPerks.
What About Correcting, Deleting, or Updating Information? GemPerks will retain your PII for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. At any time, you may contact GemPerks to correct, modify, or delete the information you provide to GemPerks through the Site(s). Please note, however, that the collection and uses of certain PII is necessary to provide certain information and services through the Site(s) and the deletion of such necessary information, e.g., an email address, may render a particular service or GemPerks' ability to provide it inoperable.
What About Children? GemPerks cares about the safety of children on its Site(s) and encourages parents and guardians to monitor their children's use of the Internet. Although the Site(s) is suitable for a general audience, the Site(s) is intended for use only by users who are over 18 years of age or the legal age of majority. Accordingly, GemPerks does not knowingly solicit PII from children or send them requests for personal information.
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