CHANGES TO REWARDS POINTS AND REWARDS PROGRAM
The Rewards Points Program and structure are subject to modification, limitation, or elimination at any time, with or without notice, in Club's sole discretion, including, without limitation, the right to establish additional means of accruing Rewards Points, the right to modify and delete any or all of the recognized means of accruing Rewards Points existing at any given time, the right to change the Rewards available and their values, the right to amend the Rewards Redemption (defined below) terms, the right to exclude specific types of transactions from Rewards Points eligibility, and the right to terminate the Rewards Program altogether. Additionally, Club reserves the right to invalidate Rewards Points from an Account without notice if it determines in its sole discretion that such Rewards Points were improperly credited to such user's Account or were obtained fraudulently or otherwise in violation of the Terms.
REWARDS YEAR AND EXPIRATION OF REWARDS POINTS
Each Year of the Rewards Program shall begin at 12:00 am CT on January 1 and shall end at 11:59pm CT on December 31, unless otherwise determined by Club ("Rewards Year"). Unless otherwise determined by the Club, Rewards Points earned in a given Rewards Year shall automatically expire at 11:59 pm CT on the last day of the following Rewards Year.
To illustrate, if a Rewards Member accumulates Rewards Points on any day in 2017, then those Rewards Points would expire at 11:59 pm CT December 31, 2018.
Once Rewards Points expire, they may no longer be redeemed and will be immediately forfeited.
REWARDS PROGRAM PROMOTIONS AND EXPERIENCES
The Rewards Program website (www.myvikingsrewards.com) and mobile application will explain Rewards Member benefits and specific promotion and experience details.
Rewards Member benefits, promotions, Rewards Program updates, and Account-based operational messages will be communicated to Rewards Members via email and disclosed on the Rewards Program website and mobile applications.
The specific terms of Rewards Program promotions and experiences will be disclosed at the time of the offering.
All Rewards which include Rewards Members participation in an actual event or experience may be cancelled, rescheduled, or otherwise modified without prior notice. If an event or experience is cancelled, rescheduled, or otherwise materially modified, the Rewards Member who redeems the Reward shall have the option to either accept the substituted Reward or have the applicable number of Rewards Points restored to the Account of the Rewards Member, and the option selected will be the sole and exclusive remedy available to the Rewards Member.
Rewards Members who redeem or attempt to redeem his or her Rewards Points through an auction ("Bidders") do so subject to the following terms and conditions:
A Bid is a Contract: Bidders that place a bid in an auction enter into a binding contract with Club. Once the auction has ended and a winning bid is designated ("Winning Bid"), as set forth below, Club has full authority to subtract Rewards Points equal to the Winning Bid from the Bidder's Account.
Bidding Process: Rewards Members may not place a bid in an amount greater than the number of Rewards Points they have accumulated in his or her Account. The Winning Bid shall be designated at the close of bidding for each Reward, and shall be designated at the sole discretion of Club. No Rewards Points will be deducted from any Account until after the auction has closed for a given Reward.
Winning Bid: The Bidder whose bid is designated as the Winning Bid ("Winning Bidder") will receive an email notification after the close of the auction, notifying the Winning Bidder of the item(s) he/she has been awarded and the Winning Bid amount(s). Rewards Points will be deducted from the Account of the Winning Bidder immediately upon close of any auction. If the Winning Bidder's Account has an insufficient number of Rewards Points at the time the auction closes, Club will award the item(s) to the Bidder with the next highest bid who has a sufficient number of Rewards Points. The Winning Bidder agrees to abide by the Terms and all other Club policies and procedures that coincide with receiving a Reward.
Withdrawal and Adjustment of Item(s): From time to time it may become necessary to withdraw item(s) from an auction after they are listed. Club reserves the right to do so at any time, for any reason or no reason, before or during the auction. Club reserves the right to reject any and all bids in its sole discretion. No adjustment will be made after the auction has ended and/or Rewards have been awarded.
Interruption of Service: Club is not responsible for any interruption in service, errors, and/or omissions to the auction or Rewards Program, whether caused by Club or otherwise. Club does not guarantee continual, uninterrupted or error free service or use of the Rewards Program during the auction. Bidders acknowledge that auctions are conducted electronically and rely on hardware and software that may malfunction without warning. Club, in its sole discretion, may void any auction, temporarily suspend bidding and refuse to award any Reward item(s) that were affected by any malfunction.
Termination of Auction: Club reserves the right to alter or terminate any auction, at any time for any reason, at its sole discretion. The decisions of Club with respect to any auction are final.
REWARDS PROGRAM COMMUNICATIONS
By enrolling and participating in the Rewards Program, you are opting in to receive Rewards Program communications sent by email.
You may choose to opt-out of receiving electronic communications containing marketing messages by unsubscribing from marketing communications.
If you unsubscribe from receiving Rewards Program communications, Club reserves the right to send you Rewards Program information until you terminate your participation in the Rewards Program.
You may choose to opt-in to mobile communications at a future date by accessing your Account profile preferences and checking the option for communications.
REWARDS MEMBERS’ OBLIGATIONS AND REPRESENTATIONS
By enrolling in the Rewards Program, or by participating in the program, you are expressly agreeing to be bound by these Terms and you agree not to misuse Rewards Program privileges that is detrimental to Club or the Rewards Program, including without limitation: having multiple Accounts; making purchases on behalf of other Rewards Members; participating in purchasing or redemption fraud; or using any robot, spider, or other automatic device or manual process to transact with or monitor the Rewards Program.
As a Rewards Member, you agree to comply at all times, and are bound by, these Terms and all laws, rules, and regulations that are applicable to a Rewards Member. You hereby acknowledge that a Rewards Member may only participate in the Rewards Program if and to the extent that such participation is permitted by all applicable laws, rules, and regulations, and that registration is an application for enrollment that is subject to Club's acceptance and the termination provisions of these Terms. Club may refuse at any time to enroll an applicant, or to restrict, modify, or terminate a Rewards Member's participation in the Rewards Program without liability.
Club may, without notice and in its sole discretion, terminate an Account at any time for any reason, which may include, but is not limited to:
- a violation of the Terms;
- misrepresentations of any information or any misuse of the Rewards Program,
- evidence of fraud, abuse or suspicious activity;
- violation of any federal, state, or local law or regulation in connection with the use of the Rewards Program; or
- taking any action that is detrimental to the Rewards Program as may be determined by Club in its sole discretion.
You may terminate your Account at any time by
- emailing Rewards@Vikings.nfl.net, or any other email account designated by Club from time to time, or
- if available, unsubscribing via the electronic method specified and made available by Club. To terminate an Account the Rewards Member must include his/her registered email address and full name. Your Account will terminate within a reasonable period of time after receipt of termination request.
If your Account is terminated by you or Club, all Rewards Points in your Account will be forfeited immediately upon termination. If you reapply for membership at a later date, you will not recover any Rewards Points forfeited from your previous membership Account.
Rewards Members are responsible for maintaining the confidentiality of his or her Account and password and for restricting access to such Account. Additionally, Rewards Members agree to accept responsibility for all activities that occur under the Account or password of the Rewards Member.
LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS
None of Club and its parent companies, affiliates (including the National Football League and its member professional football clubs), subsidiaries, suppliers, partners, representatives, agents, successors, assigns, employees, officers, owners, members, directors and sponsors (the "Released Parties") will have any responsibility or liability for any claim, loss, injury, damage, delay, accident, cost or expense (including, without limitation, attorneys’ fees and costs ensued), nor for any incidental, indirect, special, punitive, exemplary, or consequential damages (collectively, "Losses and Damages"), directly or indirectly arising from
- these Terms,
- the Rewards Program, the website, or the mobile application,
- any failure, delay or decision by Club or any of the Released Parties in administrating the Rewards Program,
- any unauthorized use of an Account or any breach of security beyond the reasonable control of Club or any of the Released Parties,
- any offer, representation, statement, or claim about the Rewards Program made by any Released Party or any other person or entity, or
- the purchase, redemption for or use of any Rewards, including all Reward Redemptions, whether made or available by Club, one of the Released Parties, or any other person or entity, or otherwise. The foregoing limitations of liability will apply whether or not the alleged Loss or Damage is based on contract, negligence, tort, strict liability, or any other basis even if any of the Released Parties have been advised of or should have known of the possibly of such Losses and Damages, and without regard to the success or effectiveness of other remedies.
IN NO EVENT WILL THE RELEASED PARTIES’ COMBINED AGGREGATE LIABILITY FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).
By participating as a Rewards Member, you hereby agree:
- to release the Released Parties from any and all Losses and Damages incurred with respect to the issuance, receipt, possession, and use or misuse of any Rewards,
- under no circumstances will you be permitted to obtain Rewards for, and you hereby waive all rights to claim, punitive, incidental, consequential, special or any other Loss or Damage, other than for actual out-of-pocket expenses,
- all causes of action or claims arising out of or connected with the Rewards Program, or any Reward, will be resolved individually, without resort to any form of class action, and
- any and all claims, judgements, and awards for Losses and Damages, or otherwise, will be limited to actual out-of-pocket costs incurred.
THE REWARDS PROGRAM, WEBSITE, AND THE MOBILE APPLICATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. CLUB HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE REWARDS PROGRAM AND THE WEBSITE AND MOBILE APPLICATION.
REWARDS POINTS OWNERSHIP AND OTHER RESTRICTIONS
Rewards Points do not constitute property, do not entitle a Rewards Member to a vested right or interest, and have no cash value. As such, Rewards Points are not redeemable for cash, transferable or assignable for any reason. The sale, barter, transfer or assignment of any accumulated Rewards Points, other than by Club, is strictly prohibited. Any Rewards Points which Club deems in its sole discretion to have been transferred, sold, bartered or assigned in violation of these Terms may be confiscated and/or cancelled.
DISPUTES AND GOVERNING LAW