TERMS AND CONDITIONS
PLEASE NOTE: THE ORIGINAL END DATE FOR THIS PROGRAM WAS DECEMBER 31, 2016. THE END DATE IS NOW EXTENDED AND SCHEDULED TO END ON DECEMBER 31, 2018.
Updated as of 11/16/2016
INTERNET ACCESS AND CAMERA-CAPABLE MOBILE DEVICE ARE REQUIRED FOR PARTICIPATION AND SUBMISSION OF PROOF OF PURCHASE DOCUMENTS. By participating each time you access and use the Program, you agree to be bound by and comply with these Terms. If you do not agree to these Terms, you are not eligible to participate in the Program.
Hasbro, 1027 Newport Ave, Pawtucket, RI 02861 ("Sponsor" or "We").
B. Overview of Hasbro Nerf Perks Programs
The Hasbro Nerf Perks program ("Program") is a loyalty program through which eligible, registered participants (" Participants", "you" or "your") may get points ("Points") by purchasing participating qualifying Nerf brand products during the Program Period, providing purchase documentation for such products on www.nerfperks.com (the "Website"), and redeeming their Points for Rewards (as defined herein) on the Website, all subject to the terms and conditions set forth in these Program Terms and Conditions ("Terms").
In some instances both these Terms and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program (in each such instance, and collectively, "Additional Terms"). For example, in addition to these Terms, any contest, sweepstakes or other promotion we may offer (but are not obligated to offer) as part of the Program or to Program members, is and will also be subject to separate official rules ("Official Rules"), which will be posted in the Program during the applicable promotion period and which will govern Participants' participation, and our execution, of each such promotion. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control the specific issue/subject matter for which they are provided, unless the Additional Terms expressly state otherwise.
INTERNET ACCESS AND CAMERA-CAPABLE MOBILE DEVICE REQUIRED FOR PARTICIPATION AND SUBMISSION OF PROOF OF PURCHASE DOCUMENTS. Participants are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for Participant's access to and use of the Program; Participants will be responsible for all charges related to them.
C. Program Period, Eligibility and Agreement to these Terms
The Program began on or about 12:00 p.m. Eastern Time ("ET") on August 27, 2015 and is scheduled to end at 11:59 p.m. ET on December 31, 2018 (the "Program Period" or "term"); provided, however, Sponsor reserves the right to shorten, extend, suspend, modify, terminate or cancel the Program or any element thereof, at its discretion, at any time. The clock on the Administrator's (defined below) server shall be the official time keeping device for this Program. All time referenced in connection with the Program is Eastern Time. Participants are solely responsible for determining the corresponding time zone in their respective jurisdictions; Program Entities (defined below) disclaim all liability or responsibility relating thereto. Unused Points will expire at 11:59 p.m. ET on the last day of the Program Period (or as may be extended or modified). After the conclusion of the Program Period, any and all Points remaining in a Participant Account after the Program Period end date will be forfeited without compensation, will be void and the Program will no longer be available, and no further liability will be owed by us to any Participant or any other person or entity.
The Program is open to eligible Participants. An eligible Participant is an individual who is physically located and resides in the fifty (50) United States or the District of Columbia, and is 18 years old or older at the time of registration. In order to access and use the Program, Participants must have a device capable of accessing the Internet and taking and submitting digital photographs to the Internet ("Device"). Employees, officers, directors of Sponsor, Brandmovers ("Administrator"), their parent companies, and each of their respective subsidiaries and affiliated companies, advertising/promotion agencies, entities or individuals engaged in the development, administration, production, or distribution of materials for, or implementation of the Program (collectively referred to herein as the "Program Entities"), and the immediate family members (i.e., spouse, siblings, children and parents including foster and step-relations) or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to participate in the Program. As used in these Terms, the terms " we," "us," and "our" shall be deemed to collectively refer to both Sponsor and Administrator.
Corporations, groups, associations or commercial customers and others purchasing items for resale are not eligible to participate in the Program. This Program and all services and benefits of the Program are provided to individual Participants, not a company, commercial entity, reseller, or other entity, and a company or other entity may not direct, encourage, benefit from, or allow individuals to participate for anything other than individual use, and any such (suspected) activities will result in the loss of all accumulated Points, and/or Rewards without compensation therefor and such Participants will be disqualified from the Program permanently.
Sponsor reserves the right to revise or change these Terms at any time (including without limitation modifying, altering, adding or deleting Program benefits, Point values, Qualifying Products, redemption levels, conversion ratios, Rewards, delivery methods and conditions for active enrollment, participation, and eligibility) and these changes may affect the value of the Points already accumulated. Each member is responsible for remaining knowledgeable as to the current Terms. If the Terms are updated, any changes will apply to all Participants enrolled in the Program on the date the revised Terms are posted on the Website. AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED, AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS, AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE PROGRAM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT) AND THAT YOUR USE OF THE PROGRAM AND WEBSITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING-FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted Terms each time you use the Program (at least prior to each submission). However, the Terms that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior Terms shall continue until sufficient notice to establish new Terms occurs. You should frequently check the Website, and the e-mail you associated with your Participant Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional Terms by discontinuing participation in this Program and related services. A Participant's continued participation in the Program constitutes the Participant's acceptance of any changes to these Terms. The most current version of these Terms will be available on the Website.
D. Program Registration and Account
You must first register in the Program to become a Participant. To register, visit the Website and provide your First Name, Last Name, Email Address and Birthdate, and follow all online enrollment instructions. There is no purchase necessary to register. Upon verification, registered persons will have a Program account (referred to herein as the "Participant Account"). A Participant Account must be and remain in good-standing to receive and redeem Points. Account "in good-standing" means, among other things, that the Account has not been subject to any inquiry for fraud or other suspect activity, all Points therein are earned by valid means, and the Account is maintained by an eligible Participant, all pursuant to and in compliance with these Terms. Purchases made outside of the Program Period, or made prior to Program registration are not eligible to get Points.
Program Entities are not responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program. Each Participant is responsible for all usage or activity in their Participant Account and all information, passwords, and access in connection therewith. Fraud or abuse relating to registration, providing of personal information, participation, Points or redemption of Rewards is a violation of these Terms. In connection with your Participant Account, you agree that: (i) You will provide true, accurate, current, and complete information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) You are solely responsible for all activities that occur under your Participant Account - whether or not you authorized the activity; (iii) You are solely responsible for maintaining the confidentiality of your Participant Account and for restricting access to your personal computer, mobile phone or other wireless Device, or other Internet enabled device (each collectively a "Device") so that others may not access the Program or your Participant Account using your name, username, or password; (iv) You will immediately notify us of any unauthorized use of your Participant Account, password, or username, or any other breach of security by contacting us using the "Contact Us" feature on the Website; and (v) You will not sell, transfer, or assign your Participant Account. Program Entities will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. Participants are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a Participant's Account and related information.
If any information that a Participant provides, or if we have reasonable grounds to suspect that any information provided, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate participation in the Program and void all Points in Participant's Account. We also reserve the more general and broad right to terminate your Participant Account or suspend or otherwise deny you access to either of them or their benefits - all in our sole discretion, for any reason, and without advance notice, obligation or liability.
Limit one Participant Account, per Participant, per email address. Limit one Participant Account per household. A Participant may not: (a) activate or use more than one Participant Account, name or email address, or have more than one Participant Account in their household; (b) use the name of another person without authorization of that person; (c) use a false or misleading name, address, or e-mail address in connection with their participation in the Program or Participant Account; or (d) present or supply false or misleading information to any entity involved in the Program. Any duplicate Participant Accounts are subject to cancellation, and any Points accumulated in both Participant Accounts will be forfeited. If Participant allows their Participant Account to be used or accessed by multiple persons within their same household, Participant agrees to ensure such use is in compliance with and subject to these Terms and assumes all responsibility and liability therefor. Participants must keep all registration information current at all times. Participants may update their registration information by logging into the user information section of the Website.
In the event of a dispute over the identity of a Participant, the submission will be deemed submitted by the authorized account holder. " Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an internet service provider, on-line service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning the e-mail address or the domain associated with the e-mail address submitted.
E. Qualifying Products
Qualifying Products are defined as participating Nerf brand products listed on the Website, purchased by you during the Program Period, from a participating U.S. retailer, in store or online, who is authorized to sell Sponsor's products, and for which you have and can show proper purchase documentation (defined below) ("Qualifying Products", or "Product"). Participating Qualifying Products and assigned Point values are provided on the Website, and may be added, eliminated or otherwise modified at any time. The purchase of Sponsor issued gift cards, any products not on the Eligible List of Products (as may be revised from time to time), or Products that are specifically excluded do not constitute Qualifying Products for purposes of the Program. Any products (suspected of being) counterfeit, or otherwise received, purchased or obtained from illegal, illegitimate or unauthorized channels, inconsistent with or not in compliance with these Terms do not constitute Qualifying Products.
F. Proof of Purchase Documents Required and How to Claim Points
Register and access your Participant Account on the site, enter your Qualifying Product(s) UPC code, AND scan a copy of the legitimate U.S. retailer's Product receipt which clearly shows the retailer's name, the Qualifying Product, its purchase date within the Program Period, and related information (" purchase documentation"). Purchase documentation which indicates or that we suspect indicates that the products have not actually been purchased, were not purchased in good faith, depict offensive or inappropriate content, are counterfeit, or are otherwise not in compliance with these Terms or instructions on the Website, or are not in the spirit of the Program will not be valid. Purchase documentation and any other submission provided by Participant becomes the property of Sponsor and will not be returned.
Once the Qualifying Product(s) purchase documentation has been properly submitted and has been verified, Points that correlate to that Qualifying Product at the time your purchase documentation is electronically submitted will be deposited into your Participant Account and can be converted by you into Rewards (as defined herein). Points have no purpose or use except in exchange for Rewards (if any) offered via the Program. It is anticipated but not guaranteed that Points will post on or within approximately 2 business days.
G. Point Limitations and Restrictions
We reserve the right, in our sole discretion, at any time during the Program Period, all as set forth in these Terms, to: (i) change the number of Points awarded, or to give no Points, for any particular Product, (ii) offer additional or new participating Qualifying Products for a limited time or permanently, (iii) delete any or all means to earn Points, (iv) increase or limit the number of times or frequency a Participant may earn Points for any particular Product or allow greater Points for multiple Products purchased together, or within a specified time-frame, or in combination, and (v) offer Points opportunities to select groups of Participants. Points are always subject to verification and eligibility determined by us, in our sole and absolute discretion. Once provided, Points can be used as soon as they are reflected in the Participant's Account and/or may be accrued over time for later use during the Program Period. NOTE: all Points are null and void at the conclusion of the Program Period, as extended or modified if applicable.
Participant's Account, as displayed on the Website, is comprised of Points that are available for use. Points redeemed for a Reward (as defined herein) will be immediately deducted from the Participant's Points balance upon confirmation of the transaction. Points may be used one time only. Administrator will use reasonable efforts to ensure Points are allocated and accrued correctly; however, Participants should review their Participant Account to ensure that their Points are properly credited. If a Participant believes that their Participant Account balance is incorrect, within six weeks of the applicable transaction in which Participant did not receive Points, the Participant should go to the "Contact Us" page on the Website. The submission should include the Participant's name, email address and specific information concerning the Points in question. Administrator will investigate the matter and respond back to the Participant. Points subsequently determined, in the sole discretion of Administrator, to be invalid, will be removed from a Participant's accumulation total. Points subsequently determined, in the sole discretion of Administrator during the Program Period, to be valid, will be added to Participant's Account. All decisions made by Administrator are final and binding.
Points are considered limited, non-exclusive, revocable, non-assignable, personal, non-transferable and solely for use towards Rewards in this Program only. Accordingly, Participant has no property, proprietary, intellectual property, ownership, or monetary interest in his/her Points, which remain Sponsor property at all times. Points have no "real world" value, may not be used as legal tender, and are not redeemable for cash, transferable or assignable for any reason or otherwise by operation of law. Points may be revoked at any time by Sponsor as set forth herein. Participants may not combine, accumulate, or transfer Points with other Participants' Accounts. Points are not considered to be property of a Participant and as such, a Participant cannot purchase, sell, barter, trade, transfer, or assign their Points to any other person. Any attempt to combine or transfer Points will result in disqualification from the Program and forfeiture of all Points in any Participant's Account. Points will not be valid unless in strict compliance with the requirements as established and intended by us, and Participant shall not attempt to get Points by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
H. Points Expiration and Forfeiture for Participant Account Cancellation or Inactivity
Unused Points will expire at 11:59 p.m. ET on the last day of the Program Period and will be void thereafter. Points are redeemed or expire on a first-in, first-out basis, so that the first Points you earn are used first, before later earned Points will be used.
Sponsor may terminate any Participant's Account, in its sole discretion, if a Participant has been inactive for a period of six (6) months or more (but only if the Program is extended beyond its initial term); or if the Participant is in violation of any of these Terms, including, without limitation, failure to follow Program policies and procedures, the sale or barter of Points or Rewards, any misrepresentation of fact, or other improper conduct as determined by Sponsor. Upon termination of a Participant's Account by Sponsor, the Points within the Participant's Account will be immediately forfeited. If a Participant is disqualified or if Points/Rewards are forfeited for any reason, as stated in these Terms, the Points/Rewards will be void, will not be reinstated, and Participant will not be compensated therefor in any manner. In Sponsor's sole discretion, Participant may be disqualified from future participation in the Program permanently or similar Sponsor loyalty programs.
Participants may terminate their enrollment at any time by logging into the Website and requesting that their Participant Account be terminated through the "Account Profile" page on the Website. By terminating enrollment, all of Participant's accumulated Points will be immediately forfeited.
I. Rewards and Redemption
Points may be redeemed based on a conversion ratio set by us for free merchandise, coupons, participation in limited time or quantity offers, gift cards, or offers from third party partners/brands outside of Sponsor, or similar items ("Rewards").
General: Rewards available are listed in the Nerf Perks Rewards Catalog on the Website. Sponsor reserves the right to modify the Points value(s) for any Reward, at any time and for any reason, during the Program Period, and you understand and agree that we may set and/or vary the Points conversion ratio for any such Rewards in our sole and absolute discretion at any time throughout the Program Period. The conversion ratio for Points into Rewards may vary and all details regarding the specific conversion ratio applicable to a Reward will be determined by us. The items listed as Rewards on the Website will fluctuate as available items are redeemed and additional items are added or modified by us. All Rewards are available on a first-come, first serve basis, many in limited quantities, ONLY while supplies last. Rewards, and the redemption thereof, and any other related information are subject to Reward availability, Participant's eligibility, compliance with these Terms, and verification of purchase documents, in our absolute discretion. Rewards pictured on the Website are for illustrative purposes and may not necessarily reflect exact colors, styles, models or features of actual Reward. SPONSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES OR COVENANTS THAT ANY PARTICULAR REWARD WILL BE (OR WILL CONTINUE TO BE) AVAILABLE OR OFFERED IN THE PROGRAM. Sponsor reserves the absolute right to modify, change, delete or add Rewards, or any element thereof at any time.
Redemption: To redeem Points, navigate through the items listed on the Rewards catalogue on the Website. You can choose any item still available for which you have accumulated sufficient Points for redemption. Click the image corresponding to the item you wish to redeem and follow the links and instructions to complete the redemption process. As part of the redemption process, you will receive a confirmation email and when applicable, an email confirming that your request for the item has been processed. Emails will be sent to the email address associated with the Participant's Account. The total number of Points a Participant can use to redeem an item at any given time is the total number of Points available in their Participant Account at the time of redemption. Once a Participant has ordered an item from the Rewards catalogue, the order is final and the appropriate number of Points will be deducted from the Participant Account.
Provide Accurate Information: Each Participant is responsible for ensuring the information associated with his/her Participant Account is accurate and up to date. We are not responsible for non-receipt of an item shipped or emailed to the mailing/email address associated with a Participant's Account. Changes to Participant Accounts, or the information in them, should only be made by the Participant to whom such Account belongs.
Points Redemptions are Final: All Point redemptions for items are final and cannot be modified. Points will not be reinstated or placed back into a Participant's Account, unless an error was reported and verified as provided herein. We will not reinstate any quantity of redeemable Points for any reason after an order has been placed for a Reward-no exceptions; merchandise may not be returned to Sponsor for any reason. Refunds, exchanges and other issues regarding a third-party supplied Reward are governed by the manufacturer and/or third party vendor's terms and conditions applicable to the Reward, if any, and are not the responsibility of Sponsor or any other Program Entity.
Rewards with Limited Availability: Many items available in the Rewards catalogue on the Website may be available in limited quantities, or for a limited time, and will be noted as such. Once the total available number of any such items has been claimed, or once the limited time to redeem such an item has expired, that item will be removed from the Rewards catalogue and/or marked as "Sold Out". If there is a particular Reward offered that you would like to receive, you should redeem your Points for that Reward as soon as possible (once you have enough Points) because supplies or redemption time may be limited (or the Program may be discontinued at any time in our sole discretion). If you redeem your Points for a Reward, and we determine that the Reward was unavailable, out of stock or for whatever reason cannot be provided to you, we will reinstate the Points that you exchanged for the Reward.
Other Terms Applicable to Rewards: Certain Rewards, if any, such as higher value merchandise, trips, participation in offers, promotions or events, and/or items with additional terms imposed by the issuer, supplier, vendor, manufacturer, provider of merchandise, items or prizes, or Sponsor will have added restrictions and limitations, which may vary from these Terms (such as higher age requirements, imposition of expiry dates, redemption limits, etc.). If, through no fault of their own, a Participant does not qualify for a Reward (because they do not satisfy the additional restrictions and/or limitations particular to such Reward) their Points will be returned to the Participant's Account. Certain Rewards will require the potential Participant to first properly execute, have notarized and timely return an Affidavit of Eligibility, Liability and Publicity Release (or other release documents required by the Reward vendor) as part of the redemption process, or else that individual will not qualify as eligible to redeem that particular Reward. Each Participant agrees to be bound to these Terms, to comply with Sponsor's redemption and verification process and requirements, and any individual Rewards description, requirements and limitations indicated on the Website and/or terms established by the Sponsor or Administrator, all of which are hereby incorporated herein. Unless otherwise stated in connection with a particular Reward, a Reward must be utilized only by the Participant, may be used one time only, and cannot be transferred or assigned for any reason or otherwise by operation of law. We reserve the right to verify your eligibility qualifications prior to fulfilling a Reward.
J. Delivery, Taxes and Warranty
Rewards will be delivered via mail or email as solely determined by Administrator. All Rewards will be delivered to the U.S. mailing address/email address as provided by the Participant during the redemption process. Rewards will be shipped via U.S. mail (or other carrier at the discretion of Sponsor) within four - six weeks from date of order/notification unless the Website states a different schedule or the particular Reward you ordered is limited in quantity, backordered, or out of stock. Merchandise can only be shipped within the U.S. Some merchandise cannot be shipped to a P.O. Box, in which case the Participant will be asked to provide a street address. Rewards in the form of online gift certificates/cards/codes, if any, will be sent via e-mail to the e-mail address listed in the Participant's Account within four weeks from the date of the order/notification. Any such gift cards are subject to the terms and conditions of issuer. Rewards that are returned, unclaimed, or undeliverable for whatever reason (including because your Program information is incorrect) will not be re-sent and are forfeited, and the Points will be forfeited and not reinstated, and Sponsor shall have no further obligation to award said item.
Participants are responsible for all applicable federal, state and local taxes, including income tax liability, if any, associated with any item or Reward given under the Program. If Participant receives a Reward or aggregates Rewards valued at $600 or over, that Participant will be required to complete a W-9, and the value of that item(s) will be reported to the IRS. Participant acknowledges that we may be required to provide or supply certain information to applicable government agencies or departments in regards to any payments or items earned in connection with the Program. Participant agrees to provide us with all required information to assist us in complying with our reporting or withholding obligations. Participants obtaining any item(s) with a combined total value equal to $600 or more in any single calendar year will be required to provide his/her Social Security Number within the timeframe specified for tax reporting purposes prior to the shipment of the item(s). Further, Participant will be issued a 1099-MISC from Administrator for the value of the Reward(s) received. Any required documentation, as determined by us, must be properly completed and returned within fourteen (14) days of notification. Non-compliance or failure to timely complete and return required documentation will result in ineligibility to redeem/forfeiture of said Reward(s) and any Points used in association with such item(s).
PROGRAM ENTITIES DO NOT ENDORSE, OR ASSUME LIABILITY OR RESPONSIBILITY FOR: (A) ANY OF THE SUPPLIERS, VENDORS, MANUFACTURERS, OR PROVIDERS OF MERCHANDISE, REWARDS, OR ITEMS (COLLECTIVELY, "REWARD SUPPLIERS"); (B) ANY OF SAID REWARD SUPPLIERS' PRODUCTS, SERVICES, ITEMS OR GIFT CARDS; AND (C) FOR ANY OF SAID REWARD SUPPLIERS' PRACTICES, POLICIES OR TERMS AND CONDITIONS.
THE PROGRAM ITEMS/REWARDS ARE PROVIDED TO PARTICIPANTS "AS IS." PROGRAM ENTITIES DO NOT MAKE AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
K. Modifications and Termination of the Program
Sponsor reserves the right, in its sole discretion to shorten, extend, modify, cancel or terminate the Program in whole or in part at any time, for any reason even though termination may affect a Participant's ability to accrue or use Points, or any benefit or service under the Program. In the event the Program is cancelled or terminated prior to the anticipated Program Period end date (not due to a Technical Difficulty (defined below)), a notice will be posted on the Website and if reasonably commercially practicable to do so, notice will also be sent to all Participants via e-mail at least thirty days prior to the date of termination. Participants will have until the revised date of Program termination or another date clearly communicated by Administrator to redeem their Points.
If for any reason the Program, or any element thereof, is impaired, not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, cheating, bots/scripts, mechanical or other artifice, regularly-scheduled maintenance, equipment failure, technical or any other failures, a force majeure event, human or any other error, or any other causes similar or dissimilar which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, or any element thereof (as determined by us in our absolute discretion) (referred to collectively as "Technical Difficulty"), we reserve the right to rescind Points or forfeit a Reward (even if already in the process of redemption but not yet delivered to Participant's Account), or to modify the Program or any element thereof in a manner that best conforms to the spirit of these Terms without suspending it, suspend the Program or any element thereof to address the impairment and then resume in a manner that best conforms to the spirit of these Terms, or cancel, terminate, suspend or modify the Program, in whole or in part. Under such a circumstance of Technical Difficulty, and provided in Sponsor's sole discretion it is reasonably commercially practicable and equitable given the situation affecting the Program, Sponsor will attempt to provide Participants ten business days' notice from the date Program termination is announced to redeem any Rewards with eligible, non-suspect Points.
Without limitation, any (suspected) attempt, directly or indirectly, by any individual, entity or Participant to use or benefit from the use, in our discretion, of any form of manipulation, exploitation or abuse of the Program, any artifice, mechanical, robotic, repetitive, automatic, bots/scripts, programmed or similar participation or other methods, agents or services will immediately invalidate the Participant Account, Points and/or Rewards of such individual(s) suspected of engaging in or benefiting from such methods, and they will be disqualified from the Program permanently. We reserve the right to review any Participant's participation, logs, and activities of any individual and/or Participant Account at any time. Without limiting the foregoing, we reserve the right to suspend or terminate any Participant who, in its sole discretion, is suspected of tampering with or abusing any aspect of the Program or Website, using the Program in a manner in violation of or inconsistent with these Terms, engaging in cheating or fraudulent activity or artifice, or violating any federal, state or local, laws, statutes or ordinances, and any such activities will result in the loss of all accumulated Points, and/or Rewards without compensation therefor and such Participants will be disqualified from the Program permanently. FURTHER ANY ATTEMPT BY ANY PERSON TO DAMAGE THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
L. General Conditions
We have the sole discretion to interpret and apply the Terms for the Program, and all elements thereof. All issues, concerns, questions or disputes regarding the Program, or any element thereof, including, but not limited to, participation and/or a Participant's eligibility and compliance with these Terms will be resolved by us in our absolute discretion. By participating in the Program you agree to be bound to these Terms and our decisions, which are final and binding on you.
We are not responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, returned, or undelivered mail or e-mail, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, app, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of information, nor for the failure to capture any such information in connection with the Program, or any element thereof. We are not responsible for injury or damage to Participants' or to any other person's computer or Device related to or resulting from participating in this Program or downloading materials from or use of the Website. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication on the Website, in any advertising, Program materials and/or any other information or communications in whatever media or medium relating to this Program, these Terms shall govern.
We are not liable to Participants or any other person or entity for failure to execute the Program or any element thereof or supply any Points, items or Rewards or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond our reasonable control.
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect. To the extent permitted by applicable law, Participants waive any applicable statutory and common law that may permit a contract to be construed against its drafter.
When Participants communicate with us electronically, such as via e-mail message Participants consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. Participants agree that all agreements, notices, disclosures, and other communications that we provide to Participants electronically satisfy any legal requirement that such communications be in writing.
We reserve the right, without limitation, to: (i) investigate any suspected breaches of the Website's security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) investigate any information obtained by usin connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms; and (vi) discontinue the Program, in whole or in part, or, suspend or terminate Participant's access to it, in whole or in part, including any Participant Accounts or registration, at any time, without notice, for any reason and without any obligation to Participants or any third party. Any suspension or termination will not affect Participant's obligations to us under these Terms. Upon suspension or termination of Participant's access to the Program, or upon notice from us, all privileges granted to Participants under these Terms will cease immediately, and Participants agree that they will immediately discontinue use of the Program. The provisions of these Terms, which by their nature should survive suspension or termination will survive, including the rights and licenses Participants grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by Participants, and Participants may not delegate Participant's duties under them, without the prior written consent of Sponsor. Headings are provided for convenience only.
Except as expressly set forth in these Terms, no failure or delay by Participants or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
M. Indemnity, Release and Limitations of Liability
In exchange for the right to participate in the Program, Participants agree to indemnify, defend (at our option) and hold harmless Sponsor, Administrator, all other Program Entities, and their parent, affiliated and subsidiary companies, advertising and promotion agencies, and their respective distributors, officers, directors, employees, independent contractors, representatives, assigns and agents ("Released Parties") from and against any and all causes of action, damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property ("Claims"), that directly or indirectly arise from or are related to: (i) Participant's use of the Program, the Website, and any activities in connection with the Program; (ii) Participant's breach or anticipatory breach of these Terms or any Additional Terms; (iii) Participant's violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Participant's use of the Program or Website or activities in connection therewith; (iv) information or material transmitted by Participant or through Participant's Device(s), even if not submitted by Participant, including but not limited to information or material that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by Participant; (vi) the acceptance, possession, use, misdirection, or misuse of any item claimed as a Reward or any element thereof; and (vii) our use of the information that Participant's submit to us (all of the foregoing collectively, "Claims and Losses"). Participants will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. Participants will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Sponsor. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT INDEMNIFIES AND HOLDS THE RELEASED PARTIES HARMLESS FROM, AND WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH CLAIMS AND LOSSES IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR LOSS IS BASED.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS PROGRAM OR PARTICIPATION THEREIN OR ANY ELEMENT THEREOF. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply. Participants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release to the fullest extent permitted by law.
To the fullest extent permitted by law, the foregoing releases will apply even if any of the foregoing Claims and Losses were foreseeable and even if ReleasedParties were advised of or should have known of the possibility of such Claims and Losses, regardless of whether Participants bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, Technical Difficulties, or destruction of the Program).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RELEASED PARTIES' TOTAL LIABILITY TO PARTICIPANTS, FOR ALL POSSIBLE CLAIMS AND LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH PARTICIPANT'S ACCESS TO AND USE OF THE PROGRAM OR WEBSITE AND PARTICIPANT'S RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID FOR THE PRODUCT IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY SPONSOR OR A MANUFACTURER OF A PHYSICAL PRODUCT.
The business realities associated with operating the Program are such that, without the limitations that are set forth in these Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes - we would not make the Program available to you.
N. Participant's Right of Publicity License
By participating in the Program, Participants hereby irrevocably grant to Sponsor (and its affiliated companies and their respective authorized representatives) where lawful, the non-exclusive, royalty-free, worldwide irrevocable right to the use (but without obligation) their name, image, photographs, videotape, likeness, hometown name, biographical information, voice as well as any statements made by Participants regarding the Program, Sponsor or Sponsor's products (provided they are true) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including, but not limited to, the Internet, mobile devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.
O. Waiver of Injunctive or Other Equitable Relief
IF A PARTICIPANT CLAIMS THAT HE/SHE HAS INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH HIS/HER PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE ANY PARTICIPANT TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH ANY CLAIM, PARTICIPANTS AGREE THAT THEY WILL NOT SEEK, AND THAT THEY WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION IN ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US.
P. AGREEMENT TO ARBITRATION/DISPUTES
As a condition of participating in this Program, Participants agree that any and all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, Participant's rights and obligations, or the rights and obligations of the of the Program Entities in connection with the Program, and any other disputes that cannot be informally resolved between the parties arising out of or connected with this Program, or any element thereof, shall be resolved individually, without claim or resort to any form of class action, exclusively before a neutral one person arbitration panel located in Rhode Island; provided, however, the Program Entities shall be entitled to seek injunctive or equitable relief in the state and federal courts in Rhode Island and any other court with jurisdiction over the parties. The arbitration shall be binding and conducted through the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. The arbitrator shall facilitate discovery but only one (1) deposition shall be permitted per party unless otherwise agreed. Within thirty (30) days of selecting the arbitrator, the filing party shall provide copies of all evidence in its possession that supports its demand. Within thirty (30) days of receipt of such information, the receiving party shall produce all evidence that supports its defense. The arbitration must be completed through the rendering of award within six (6) months of selection of the arbitrator. The hearing shall be no longer than three (3) consecutive business days equally divided between the parties. The arbitrator may award monetary damages only and may not include any exemplary or punitive damages. If an in-person hearing is required, then it will take place in Rhode Island; provided, however, the parties may mutually agree on an alternative location. Federal and Rhode Island state law will apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in Rhode Island. The administrative and arbitrator's fees shall be shared evenly between the parties. Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
Q. Communications, Notices and Customer Service
By registering in the Program, Participants agree that: (i) we may give you notices of important matters by prominently posting notice on the Website or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail or e-mail (in our discretion) at the addresses provided in your Participant Account. These communications may include marketing communications about the Program and you consent to receive these communications from us even if you previously indicated to us that you no longer wanted to receive communications from us. Your registration in the Program will serve as your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that you receive from us relating to the Program by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if you change your e-mail or mailing address by updating your Participant Account.
If you have a question regarding using the Program, you may contact us using the "Contact Us" form available on the Website. You acknowledge that any response or the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind. By participating in the Program, you agree to be bound to the above Terms, as may be modified from time to time on the Website, and our final and binding decisions regarding the Program and your participation in it.
Nerf Perks is a loyalty program for people who love Nerf. When you follow these steps below, you can earn points to get cool Nerf Perks rewards.
Your receipt will be verified and points awarded within approximately 2 business days. At that time, you can redeem your points for Nerf rewards found in the catalogue or store up your points to redeem at a later time. More codes get you more points. More points get you more rewards. See the Terms and Conditions for full details. To get started, create an account at nerfperks.com.
It is easy as 1, 2, 3:
Yes. Like all good things in life, points come to an end. Your points expire on December 31, 2018, so make sure you use them before then. We’ll remind you via email as we get closer to the end of the program so you can redeem your points for some cool stuff.
What happens when my points expire?
When the program ends on December 31, 2018 your points will expire, and your balance will reset to zero. You will still be able to log into NerfPerks.com to check on your order, but you won’t be able to add codes or redeem for items in the catalog.