TERMS & CONDITIONS
PEMMICAN WEBSITE TERMS AND CONDITIONS
PEMMICAN REWARDS PROGRAM
PLEASE READ CAREFULLY. By registering for Pemmican’s Reward Program, and participating, you agree to the following rules governing the Pemmican® Rewards Program.
A. BRIEF OVERVIEW OF THE PEMMICAN REWARDS PROGRAM
The Pemmican Rewards Program (the “Program”) is a loyalty program sponsored Marfood USA (“Sponsor”) whereby individuals can collect points by purchasing and entering codes (“Codes”) found on the backside of the sticker of specially marked packages of 3.25 oz. size Pemmican Brand Jerky or Pemmican Brand 100% Beef Brisket (“Participating Brands”), while available supplies last, or through other methods as may be specified by Sponsor at later dates. After obtaining Codes Participants can then visit www.pemmican.com to have their accounts credited with the points they have collected. Individuals may redeem their points for merchandise rewards (“Rewards”) available at www.pemmican.com.
The Program is open to legal residents of the 50 United States or the District of Columbia who are 18 years or older as of the date of enrollment. The Program is void where prohibited by law. Officers, directors, and employees and the household members and immediate family members (e.g. spouse, parents, children, siblings, grandparents, and the “steps” of each) of Sponsor, The Coleman Company, Inc., other Rewards merchandise providers, and their subsidiaries, affiliates and related companies, and their advertising and promotion agencies, may not participate in the Program.
C. DURATION OF PROGRAM
The Program begins 9/9/10 at 12:00 A.M. Eastern Time (ET). The “Collection Period” begins 9/9/10 at 12:00 A.M. Eastern Time (ET) and is scheduled to end 6/30/11 at 11:59 p.m. ET. The “Redemption Period” begins 9/9/10 at 12:00 A.M. Eastern Time (ET) and is scheduled to end 9/30/11 at 11:59 P.M., ET. Participants can enter their Codes at any time during the Collection Period; Participants can redeem their points at any time during the Redemption Period. Sponsor reserves the right, in its sole discretion, to shorten, extend, suspend, modify, or cancel the Program at any time.
D. ENROLLING IN THE PROGRAM
Individual participants (“Participants”), 18 years or older, may enroll in the Program by following the instructions at www.pemmican.com (the “Website”) to create a Pemmican Rewards Account (“Account”). A Participant will receive One Hundred (100) complimentary points on registration. The number of points collected by that Participant will be recorded and tracked in the Participant’s Account. The individual who is the authorized e-mail account holder of the e-mail address indicated when registering must provide date of birth information when registering for an Account and will be deemed the Rewards Participant.
E. COLLECTING POINTS
After creating an Account, anytime during the Collection Period, Participants should follow the instructions on the Website to enter their codes (found on the backside of the sticker on specially marked Participating Brands). Participating Brands may be updated from time to time, as indicated on the Website. At a later date, Codes may also be available and obtained through other methods such as Facebook®, Twitter®, etc. Sponsor reserves the right to change the number of points awarded for purchases of Participating Brands at any time during the Program. Codes can only be used one (1) time throughout the Program. Participants may not purchase or otherwise acquire Codes from third parties or through any method not specifically provided for in these Rules nor may they combine Codes obtained by others for deposit into a single Participant’s Account. The assignment, transfer or sales of Code is prohibited. Any attempt to acquire, sell, assign, transfer or combine Codes or points may result in disqualification from the Program and forfeiture of all points in a participant’s Account and the Participant’s being subject to such other action as Sponsor, in its sole discretion, deems appropriate. Sponsor reserves the right to change, modify, add, or eliminate the methods by which Participants can collect points. All submitted Codes and potential points earned will be subject to verification by an independent judging organization whose decisions will be final and binding. Points will not be awarded until after verification. Codes will be void if (a) not obtained in accordance with these Rules and through legitimate channels; (b) any part of the Code or the sticker or packaging of the Participating Brand is counterfeit, altered, defective, tampered with or irregular in anyway; or (c) obtained as the result of an assignment, sale or transfer or is otherwise not in compliance with these Rules. Please allow a minimum of 7 business days for collected points to be credited to your Account after verification.
F. REDEEMING POINTS
A Participant must follow the instructions provided on the Website in order to redeem his/her points for a Reward. Participants may redeem their points for Rewards as listed on the Website, during the Redemption Period, while supplies of the Reward(s) last. Participants must comply with the stated requirements for each individual Rewards. All Rewards are subject to the conditions, quantities and limitations stated on the Website. Participants should routinely check the Website for current Rewards as Sponsor will from time-to-time change the Rewards available to be redeemed.
Additionally, Sponsor reserves the right to modify the number of points necessary to redeem a Reward, at any time for any reason during the Redemption Period. Each Participant is solely responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly. Similarly, each participant is solely responsible for ensuring that all contact information associated with his/her Account is accurate and current. Participants must notify Sponsor within 15 days after entering his/her code into his/her Account of a participant believes that points were not properly accrued. For verification purposes, participants must save the sticker containing the Code for at least 30 days after entering the Code on the Website as Sponsor reserves the right to require such proof and support that the Code was obtained in compliance with these Rules. Sponsor’s decisions will be final and binding as regarding acceptability of Codes and awarding of points. Verified Codes that are subsequently determined to be invalid for any reason are subject to disqualification and removal from a Participant’s Account.
All point redemptions for a selected Reward are final and may not be changed. Any points remaining in a participant’s Account at the end of the Redemption Period will be forfeited without further responsibility on the part of Sponsor. Points are without cash value and are only redeemable for Program Rewards. Participants are solely responsible for the payment of all taxes which may result from the reward(s) received as part of the Program or for any costs or expenses not explicitly included within the Reward.
G. MODIFICATIONS AND TERMINATION OF THE PROGRAM
Sponsor reserves the right to modify these Rules including, but not limited to, the duration of the Collection Period and Redemption Period, methods by which Participants can collect points, the Rewards available to be redeemed, the number of points necessary for redemption of a Reward, at any time, with notice, notwithstanding that these changes may affect Participant’s ability to accrue or redeem his/her points.
Additionally, Sponsor reserves the right to terminate or suspend the Program at any time, for any reason, with notice, even though termination may affect a participant’s ability to accrue or redeem his/her points. In the event of an early termination, participants will have 30 days from the date that termination of the Program is announced, to redeem their points. If the Program concludes, as stated herein, at the end of the Redemption Period, Participants must redeem their points no later than the end of the Redemption Period or their points will be forfeited without further responsibility on the part of the Sponsor. By participating in the Program, Participants agrees to any changes in these rules and it is solely a Participant’s responsibility to be knowledgeable regarding any changes made by Sponsor to these Rules. The most current version of these Rules will be posted on the Website and will supersede all previous versions of the rules.
H. LIMITATIONS OF LIABILITY
Sponsor is not responsible for incorrect or inaccurate information supplied by Participants, transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Sponsor, MARS Advertising, Nomadic Agency, PrizeLogic LLC, Mercury Promotions & Fulfillment or any Rewards provider nor their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Sponsor & Others”) shall have any liability. If Sponsor has improperly denied a participant points under this Program, Sponsor’s liability will be limited to the awarding of the equivalent amount of points. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SPONSOR & OTHERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR REWARDS MERCHANDISE OFFERED THROUGH THE PROGRAM. SPONSOR & OTHERS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS ANY PRIZE OR ANY COMPONENT OF A PRIZE. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. CHECK YOUR LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Participants agree that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Oakland County, Michigan; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (3) under no circumstances will participants be permitted to seek recovery for, and participants hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules or the rights and obligations of participants and Sponsor as regards this Program, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Michigan, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan. These Rules constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Rules shall be deemed or shall constitute a waiver of any other provisions hereof or a continuing waiver of said provision. Should any provision of these Rules be held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rules, which will otherwise remain in full force and effect.