MYSIMILAC® REWARDS PROGRAM
TERMS AND CONDITIONS
YOUR REGISTRATION CANNOT BE SOLD OR TRANSFERRED. THE PROGRAM MAY BE MODIFIED, LIMITED, OR TERMINATED AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE. OFFERS AND VALUES MAY VARY. BY REGISTERING AND PARTICIPATING IN THE MYSIMILAC® REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ANY TERMS OR POLICIES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT REGISTER OR PARTICIPATE IN THE PROGRAM.
Please read carefully. These Terms and Conditions include a dispute resolution clause and a waiver of your right to participate in a class action or representative lawsuit.
- Overview of the MySimilac® Rewards Program
- The MySimilac® Rewards Program (the “Program”) is a rewards program sponsored by Abbott Nutrition (“Sponsor”). By participating in the Program, you will be offered the opportunity to earn rewards points (each, a “Rewards Point” and collectively, “Rewards Points”), offers, and/or other benefits, when you purchase qualifying products as described in these Terms and Conditions, or otherwise engage in other earning opportunities identified by Sponsor from time to time (collectively, the “Program Benefits”). Your use of Program Benefits may be subject to additional terms and conditions, limitations, and exclusions.
- This Program is void where prohibited.
- The Program is open to legal residents of the 50 United States (and the District of Columbia) who are at least eighteen (18) years of age or older at the time of enrollment. The Program is intended for individual use only. Commercial or enterprise use or participation in this Program is prohibited. Sponsor reserves the right to request proof of eligibility at any time.
- How to Enroll in the Program
- To enroll in the Program and begin earning Rewards Points, visit https://www.similac.com/rewards.html (“Program Website”) either directly or through a valid QR code available through your participating health care provider, and supply the required information to register and elect to participate in the Program. You will be asked to provide your first and last name, your home address, email address, and your baby’s birth/due date. You may also register as described in other Program communications provided to you by Sponsor. Enrollment in the Program is per eligible child aged up to 9 months (“Eligible Child”). As a condition of registration, you will be asked to provide a valid email address when you enroll, which Sponsor may use to contact you about your account (“Account”), Rewards Points balance, Program Benefits, Rewards, and otherwise as permitted by law.
- During the enrollment process, you may choose to affirmatively opt-in to receive SMS text messages and offers from the Program, including but not limited to (i) news and information regarding your Account; and/or (ii) promotional and personalized marketing communications from Sponsor. Message frequency varies. Message and data rates may apply from your mobile carrier. Should you require help, reply via text HELP for help. Should you wish to stop receiving text messages from the Program, reply via text STOP to no longer receive text messages from Similac. Note that cancelling the SMS text messages will not cancel your enrollment in the Program and you may still receive email and postal mail from the Program. Participating carriers may include, but not be limited to: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, and usage is subject to their respective terms of service. You can contact your wireless provider with any questions about your text or data plan. Sponsor and carriers are not liable for delayed or undelivered messages.
- From the Account section on the Program Website, you can access the rewards dashboard, change your password, update your profile, see current offers, review your current and past orders, review your subscription status and add/update payment methods and shipping address.
- Limit one (1) Account per household per Eligible Child. Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits cannot be transferred between Accounts. In the event of a dispute about the holder of a particular Account, the person who is the account holder the email address used to register for the Program will be deemed the account holder for the Account associated with that email address. If it is discovered that you have obtained more than one Account per Eligible Child, Sponsor may terminate any and all of your Accounts and you shall immediately forfeit all Rewards Points, Rewards. Coupons, Special Coupons, and/or other Program Benefits, and may be ineligible to earn Rewards Points, Rewards. Coupons, Special Coupons, or other Program Benefits in connection with future qualifying purchases.
- You are responsible for maintaining the confidentiality of your username and password and for restricting access to your Account. You are responsible for ensuring that no unauthorized person has access to your Account. You are responsible for all activity on your Account. You agree to provide only current, complete, accurate and truthful information when establishing and in maintaining your Account.
- Earning Rewards Points; Offers; Program Benefits
- Upon enrollment, you will be eligible to earn Rewards Points as set forth in these Terms and Conditions. Once enrolled, Coupons will be distributed to Program participant between the time of their Eligible Child’s birth date through the age of nine months (“Coupon Period”). The distribution of Coupons will be determined by Sponsor in its sole discretion. As a Program participant, coupons will be delivered to you digitally or physically (each, a “Coupon”). Coupons may be issued via post mail, through your Account, or by email. Each Coupon shall expire on the expiration date as stated on the Coupon.
- For each one (1) Coupon redeemed on select products at eligible participating retailers, you will be awarded five (5) Rewards Points. Please allow up to six (6) weeks or more from the date of Coupon redemption for Rewards Points to show in your Account. You may review your Rewards Point balance in your Account at ttps://www.similac.com/rewards/admin/login.html . Rewards Points will not be awarded for purchases made without using a Coupon.
- Upon the collection of 35 Rewards Points from qualifying Coupon redemptions, you will automatically receive a special coupon by post mail (each, a “Special Coupon”) and the corresponding Rewards Points will be deducted from your Account. You may not elect to delay the issuance of a Special Coupon. Special Coupons can be redeemed for the amount stated on the Special Coupon towards the eligible Sponsor product specified on the Special Coupon, or other amount and/or product as determined by Sponsor and communicated to you (each, a “Reward”). Each Special Coupon expires on the expiration date stated on the Special Coupon. The amount and specific product that the Special Coupon can be used towards can be modified by Sponsor at any time, in its sole discretion. Special Coupons may not be combined with any other offer. Special Coupons cannot be used on past purchases or to receive a price adjustment on any order where a Special Coupon was not redeemed. Once a Special Coupon has been redeemed, redemption cannot be reversed. Special Coupons will not be reissued if you return any product that you obtained by redeeming a Special Coupon.
- Special Coupons may only be redeemed at the retailer selected by you in your Account and acceptance of a Special Coupon is at each participating retailer’s discretion. You may designate a preferred retailer in your Account at any time before a Special Coupon has been issued. Once a Special Coupon has been issued, the preferred retailer cannot be modified.
- From time-to-time, Sponsor may provide alternative opportunities to earn Rewards Points, and/or provide other additional Rewards or Program Benefits in connection to this Program. All additional opportunities will be being subject to these Terms and Conditions, in addition to any terms or conditions communicated by Sponsor.
- Rewards Points are unique and associated solely with your Account and Eligible Child. Rewards and Program Benefits are for your use only and may be subject to additional terms and conditions. Once Rewards Points have been redeemed, the required number of Rewards Points will then be subtracted from your Rewards Points balance. Program Benefits are available while supplies last. Sponsor cannot guarantee that a specific Reward or Program Benefit is available at the time you wish to redeem your Rewards Points. Rewards Points and Rewards may not be sold, bartered, transferred, assigned to, or shared with, family, friends or others. All transactions are subject to our review and verification.
- Point Adjustment – Returns & Exchanges
- Once a Coupon, Special Coupon, Reward, or Program Benefit has been redeemed, it will not be possible to return or refund a Coupon, Special Coupon, Reward, or Program Benefit and receive your Coupon, Special Coupon, Reward, or Program Benefit back.
- Expiration of Rewards Points, Rewards, Coupons, and Special Coupons
- All Rewards Points, Rewards, and Special Coupons will expire the earlier of (i) any expiration date applicable to such Rewards Points, Rewards, or Special Coupons, (ii) the date of termination of your participation in the Program (whether terminated/cancelled by you or by Sponsor); or (iii) termination of the Program altogether, subject only to notice to you that is required by law, if any.
- Upon the termination and/or cancellation of your participation in the Program, Coupons and Special Coupons which you have received by mail or have downloaded remain valid and may be redeemed until the date of their expiration, however you will no longer be able to access your Account. Redemption of a Coupon shall not be eligible to earn any Rewards Points in the event of such termination and/or cancellation prior to the date of Redemption of a Coupon.
- Modifications, Cancellation, and Account Expiration/ Termination
- Sponsor reserves the right to change, modify, and/or discontinue the Program, Rewards, Coupons, or Special Coupons, in whole or in part, and/or modify, change, or discontinue all or any portion of these Terms and Conditions or any policy, FAQ, or guideline pertaining to the Program at any time at its sole discretion, including methods to earn Rewards Points, ways to redeem Rewards Points or Special Coupons, qualifying products, or any other Program benefit. In accumulating Rewards Points, participants may not rely upon the continued availability of any Special Coupon or other reward or benefit. Any changes or modifications to the Terms and Conditions will be effective immediately upon posting the revised Terms and Conditions, which may also be accessed through your Account. You waive any right you may have to receive specific notice of such changes or modifications, except as required by law. Your continued participation in or access to the Program confirms your acceptance of these Terms and Conditions and any changes or modifications to these Terms and Conditions. You should review these Terms and Conditions and our policies and FAQs (if any) frequently to understand the terms that apply to the Program.
- Assistance; How to Un-Enroll; How to Opt Out of Marketing Communications
- Program participants may ask questions or cancel their enrollment in the Program at any time by calling 800-232-7677 Monday – Friday, between 9:00 am to 6 pm EST.
- If you wish to withdraw from receiving general marketing mailings or other marketing communications through the Program, you may submit such a request by going to https://www.similac.com/contact.html or by calling 800-232-7677. Please mention the name of the Program in your request. Please note that we may continue to send you transactional communications related to your participation in the Program. If you opt-out of marketing mailings or communications, you will be un-enrolled in the Program.
- General Terms and Conditions
- Sponsor reserves the right to suspend, discontinue, or terminate your participation in the Program, earning Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits, in whole or in part, including disabling your Account or cancelling your registration in the Program, if you engage in any fraudulent activity or use the Program in a manner inconsistent with these Terms and Conditions or any federal, municipal, provincial, state or local, laws, statutes, or ordinances, as determined by Sponsor in its sole discretion. Discontinued participation privileges may result in the loss of all accumulated Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits. In addition to discontinuance of participation privileges, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. The interpretation and application of these terms are in our sole and final discretion. Termination of your Account under the Program will result in the forfeiture of all accumulated Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits.
- You may un-enroll in the Program at any time. When you un-enroll in the Program, any unredeemed Rewards Points will be forfeited and, unless required by applicable law, cannot be redeemed. If you decide to un-enroll in the Program and then re-register for the Program, you will forfeit all previously earned Rewards Points, Program Benefits, Coupons, and Special Coupons and may be treated as a new user to the Program. A valid and active Account is required to earn Rewards Points, receive Rewards, receive Coupons, and redeem Special Coupons.
- Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits do not constitute your property and may be revoked at any time by Sponsor as set forth herein. Rewards Points, Rewards, Coupons, Special Coupons, and other Program Benefits may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits in the Program are not valid in, and may not be used in combination with, any other program offered by Sponsor or third parties. Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits cannot be combined in a single transaction. All Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits are promotional, have no cash value, and may not be converted to a gift card balance or exchanged for cash.
- Sponsor is not responsible for any incorrect or inaccurate information supplied by you while participating in the Program.
- Program participants are responsible for taxes, charges, and/or other liabilities related to or resulting from their participation in the Program.
- All questions or disputes regarding eligibility for the Program, awarding, earning or redemption of Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits, or your compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.
- Notice of Financial Incentives
- Sponsors offers the MySimilac® Rewards Program. Generally speaking, Program participants will be eligible to receive coupons, promotions, offers and/or other benefits (including, but not limited to, benefits associated with the accumulation of points for engagement activities identified by us) that we extend to Program customers (included in the definition of "Program Benefits"). In exchange for receiving Program Benefits, Sponsor uses the following types of personal information for eligible coupons, promotions, offers, and communications: Name, Email Address, Mailing Address, Baby’s Birthday/Due Date, and Phone Number.
- Sponsor benefits financially from the Program through increased customer loyalty and sales, but we do not assign an independent monetary value to the personal information we collect in connection with the Program. Further, the precise value of your membership in the Program can vary greatly by individual and depends on (without limitation): (a) the number of dollars spent, and points accumulated, (b) any rewards redeemed or benefits received, (c) whether someone is a regular or occasional customer of Sponsor, and (d) whether participants elect to collect points for product purchases. Some benefits to participants may also be intangible, such as the ability to streamline the ordering and/or payment process.
- In general, however, Sponsor estimates in good faith that the value of the personal information that Sponsor collects through the Program would be less than the value that the Program provides to consumers. To the extent Sponsor calculates the value of the personal information it collects through the Program, it does so in good faith based on the expenses related to the collection and retention of personal information in connection with the Program.
- By providing your personal information when signing-up for the Program, you are affirmatively opting-in to our financial incentive program.
If you wish to withdraw from receiving mailings or other communications through the Program, you may submit such a request by going https://www.similac.com/unsubscribe.html or by calling 1-800-232-7677. Please mention the name of the Program.
- Limitation of Liability; Dispute Resolution; Miscellaneous
- To the fullest extent permitted under applicable law, each Program participant releases Sponsor, Program partners, and affiliates and each of their officers, directors, employees, affiliates and agents from and against any and all liability relating to participation in the Program, use or redemption of rewards, and/or these Terms and Conditions.
- Sponsor is not responsible for: (a) any loss or misdirection of, or delay in receiving, any registration, correspondence, redemption requests, Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits; (b) theft or unauthorized redemption of Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits; (c) any acts or omissions of third parties (including, without limitation, participating retailers); (d) any errors published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding participating retailers, and Program affiliates, and errors in the crediting or debiting of Rewards Points from Accounts; (e) personal injury or property damage resulting from your access to or use of the Program or related websites; and (f) any interruption of or transmission to or from the Program or related websites. Sponsor reserves the right to correct any errors in the Program or these Terms and Conditions, without notice.
- IN NO EVENT SHALL SPONSOR, ITS PARENT, SUBSIDIARIES, AFFILIATES, ITS FRANCHISEES OR LICENSEES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE PROGRAM TERMS AND CONDITIONS, SPONSOR’S OPERATION OF THE PROGRAM, OR EARNING OR REDEMPTION OF REWARDS POINTS, REWARDS, COUPONS, SPECIAL COUPONS, AND OTHER PROGRAM BENEFITS.
- THIS PROGRAM, AND ALL CONTENT AVAILABLE ON THE RELATED WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR, ITS PARENT, SUBSIDIARIES, AFFILIATES, ITS FRANCHISEES OR LICENSEES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PROGRAM OR RELATED WEBSITES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE OR MOBILE APPLICATIONS
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPONSOR, ITS PARENT, SUBSIDIARIES, AFFILIATES, ITS FRANCHISEES OR LICENSEES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE PROGRAM, OR EARNING OR REDEMPTION OF REWARDS POINTS, REWARDS, COUPONS, SPECIAL COUPONS, AND OTHER PROGRAM BENEFITS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
- Alternative dispute resolution (“adr”)
- To begin the adr process, a party first must send written notice of the dispute to the other party for attempted resolution by good faith negotiations within twenty-eight (28) days after such notice is received (all references to "days" in this adr provision are to calendar days). If the matter has not been resolved within twenty-eight (28) days after the notice of dispute, or if the parties fail to meet within such twenty-eight (28) days, either party may initiate an adr proceeding as provided herein. The parties shall have the right to be represented by counsel in such a proceeding.
- To begin an adr proceeding, a party shall provide written notice to the other party of the issues to be resolved by adr. Within fourteen (14) days after its receipt of such notice, the other party may, by written notice to the party initiating the adr, add additional issues to be resolved within the same adr.
- Within twenty-one (21) days following the initiation of the adr proceeding, the parties shall select a mutually acceptable independent, impartial and conflicts-free neutral to preside in the resolution of any disputes in this adr proceeding. If the parties are unable to agree on a mutually acceptable neutral within such period, each party will select one independent, impartial, and conflicts-free neutral and those two neutrals will select a third independent, impartial and conflicts-free neutral within ten (10) days thereafter. None of the neutrals selected may be current or former employees, officers or directors of either party or its affiliates.
- No earlier than twenty-eight (28) days or later than fifty-six (56) days after selection, the neutral(s) shall hold a hearing to resolve each of the issues identified by the parties. The adr proceeding shall take place at a location agreed upon by the parties. If the parties cannot agree on a location, the location shall be in Cook County, Illinois, U.S.A.
At least seven (7) days prior to the hearing, each party shall submit the following to the other party and the neutral(s):
- A copy of all exhibits on which such party intends to rely in any oral or written presentation to the neutral;
- A list of any witnesses such party intends to call at the hearing, and a short summary of the anticipated testimony of each witness;
- A proposed ruling on each issue to be resolved, together with a request for a specific damage award or other remedy for each issue. The proposed rulings and remedies shall not contain any recitation of the facts or any legal arguments and shall not exceed one (1) page per issue. The parties agree that neither side shall seek as part of its remedy any punitive damages.
- A brief in support of such party's proposed rulings and remedies, provided that the brief shall not exceed twenty (20) pages. This page limitation shall apply regardless of the number of issues raised in the adr proceeding.
- Except as expressly set forth in subparagraphs (d)(i) - (d)(iv) above, no discovery shall be required or permitted by any means, including depositions, interrogatories, requests for admissions, or production of documents.
The hearing shall be conducted on two (2) consecutive days and shall be governed by the following rules:
- Each party shall be entitled to five (5) hours of hearing time to present its case. The neutral shall determine whether each party has had the five (5) hours to which it is entitled.
- Each party shall be entitled, but not required, to make an opening statement, to present regular and rebuttal testimony, documents or other evidence, to cross-examine witnesses, and to make a closing argument. Cross-examination of witnesses shall occur immediately after their direct testimony, and cross-examination time shall be charged against the party conducting the cross-examination.
- The party initiating the adr shall begin the hearing and, if it chooses to make an opening statement, shall address not only issues it raised but also any issues raised by the responding party. The responding party, if it chooses to make an opening statement, also shall address all issues raised in the adr. Thereafter, the presentation of regular and rebuttal testimony and documents, other evidence, and closing arguments shall proceed in the same sequence.
- Except when testifying, witnesses shall be excluded from the hearing until closing arguments.
- Settlement negotiations, including any statements made therein, shall not be admissible under any circumstances. Affidavits prepared for purposes of the adr hearing also shall not be admissible. As to all other matters, the neutral(s) shall have sole discretion regarding the admissibility of any evidence.
- Within seven (7) days following completion of the hearing, each party may submit to the other party and the neutral(s) a post-hearing brief in support of its proposed rulings and remedies, provided that such brief shall not contain or discuss any new evidence and shall not exceed ten (10) pages. This page limitation shall apply regardless of the number of issues raised in the ADR proceeding.
- The neutral(s) shall rule on each disputed issue within fourteen (14) days following completion of the hearing. Such ruling shall adopt in its entirety the proposed ruling and remedy of one of the parties on each disputed issue but may adopt one party's proposed rulings and remedies on some issues and the other party's proposed rulings and remedies on other issues. The neutral(s) shall not issue any written opinion or otherwise explain the basis of the ruling.
The neutral(s) shall be paid a reasonable fee plus expenses. These fees and expenses, along with the reasonable legal fees and expenses of the prevailing party (including all expert witness fees and expenses), the fees and expenses of a court reporter, and any expenses for a hearing room, shall be paid as follows:
- If the neutral(s) rule(s) in favor of one party on all disputed issues in the ADR, the losing party shall pay 100% of such fees and expenses.
- If the neutral(s) rule(s) in favor of one party on some issues and the other party on other issues, the neutral(s) shall issue with the rulings a written determination as to how such fees and expenses shall be allocated between the parties. The neutral(s) shall allocate fees and expenses in a way that bears a reasonable relationship to the outcome of the ADR, with the party prevailing on more issues, or on issues of greater value or gravity, recovering a relatively larger share of its legal fees and expenses.
- The rulings of the neutral(s) and the allocation of fees and expenses shall be binding, non-reviewable, and non-appealable, and may be entered as a final judgment in any court having jurisdiction.
- Except as provided in section(i) or as required by law, the existence of the dispute, any settlement negotiations, the ADR hearing, any submissions (including exhibits, testimony, proposed rulings, and briefs), and the rulings shall be deemed confidential information. The neutral(s) shall have the authority to impose sanctions for unauthorized disclosure of confidential information.
- All ADR hearings shall be conducted in the English language.
- Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits may be subject to income or other taxes. Participant is responsible for paying all such taxes and for making all applicable disclosures to third parties. Sponsor will not be liable for any tax liability, duty or other charges in connection with the issuance of Rewards Points, Rewards. Coupons, Special Coupons, and other Program Benefits.
- All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or your or Sponsor’s, rights and obligations in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Illinois, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Illinois.
- These Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written. Sponsor’s waiver of any breach of these Program Terms and Conditions by any participant will not constitute a waiver of any other prior or subsequent breach of these Program Terms and Conditions. Sponsor’s failure to insist upon strict compliance with these Program Terms and Conditions by any participant will not be deemed a waiver of any rights or remedies the Sponsor may have against that or any other participant. The Company may waive compliance with these Program Terms and Conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select participants.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
- Nothing in these Terms and Conditions shall be deemed to exclude or restrict any of your statutory rights as a consumer.