Company may also periodically offer, in its sole discretion, opportunities for Program Participants to earn additional Bucks through special promotions. Information regarding these opportunities will be provided to Program Participants through the Website, Company social accounts, or through the email address provided during enrollment in the Program.
Company reserves the right, in its sole discretion, to add, remove, or change the conditions of, relating to the accumulation, expiration or redemption of Bucks and any Program Rewards. Notice of any such change shall be posted at the Website and shall be effective thirty (30) days thereafter. Company will make reasonable efforts to email Program Participants (at the emails associated with their accounts), directing them to the Website to review any forthcoming changes, though failure to do so shall not be a breach of these Terms and Conditions.
REDEEMING BUCKS
Unless expressly provided otherwise herein, Bucks shall accumulate on a yearly basis starting on the date Program Participant’s account was activated/enrolled or April 17, 2023, whichever later, and ending 1 year thereafter (each a "Program Year"); and Bucks accumulated during any Program Year must be redeemed during such time, after which such Bucks shall expire and shall not be eligible to redeem for Program Rewards, and shall NOT be carried over to a subsequent Program Year. However, exceptions may be made in Company’s discretion to extend Second Tier status or Bucks if such is due to the loss of a Program Participant’s dog. Please contact customer service regarding such requests at hello@bowwowlabs.com. For clarity, a Program Participant shall receive and be able to redeem the following during the initial Program Year: (a) previously seeded Bucks for qualifying activities and milestones that occurred prior to April 17, 2023 as provided above and (b) Bucks earned for new Buck generating actions during such Program Year.
Upon log in, available Bucks will be available under the “My Activity Section,” which will display the Program Participant’s name, available Bucks, and buttons to redeem available Program Rewards and to view history and status of accumulated Bucks. Program Participants may redeem the Program Rewards by copying and pasting the code generated after selecting the corresponding “Redeem Your Bucks” button(s) on available Program Rewards at check out. Each code may only be used once.
YotPo, Ltd. and DDL Advertising, LLC (each an “Administrator”) will assist Company in the administration and execution of the Program and redemption of Program Rewards. As such, certain personal information shared in connection with the Program may be shared to and accessed by each Administrator pursuant to their Policies. Company reserves the right to contract with other third-party Administrators in the future to administer the Program.
It is Program Participant's responsibility to read and understand the applicable terms and conditions of use and privacy policy of any Administrator. Program Participants understand and agree that any Program Reward redemption through the Administrator may be subject to additional terms, conditions, restrictions, and limitations as set by the Administrator in its sole discretion at any time and without prior notice. Program Participant hereby agrees to irrevocably waive any claim or cause of action against Company for any misuse of any personal information provided by Program Participant to any Administrator.
Bucks may be redeemed for discounts on Purchases (the "Program Rewards") as follows:•500 Bucks= $3 USD off•1,000 Bucks= $6 USD off•2,500 Bucks= $18 USD off*•5,000 Bucks= $36 USD off*•*these Program Rewards do not follow the Scale above. Instead, Program Participants who save their Bucks during a Program Year and redeem in sets of 2,500 or 5,000 Bucks will be provided savings based on the scale that 5 Bucks is the equivalent of a $0.036 USD discount off an eligible Purchase.•Bow Wow Bucks cannot be combined with any other discounts, promotional offers, or coupon codes and are subject to the terms and conditions of use.
ADDITIONAL PROGRAM RULES
The Program and these Terms and Conditions are subject to all applicable federal, state and local laws. The Program is void where prohibited or restricted by law. Enrollment materials or data that has been tampered with or altered are void. Company assumes no responsibility for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible enrollment submissions, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of enrollment submissions, or for technical, network, telephone equipment, electronic, mobile device, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive enrollment information by Company or Administrator on account of technical problems; or (iii) any injury or damage to Program Participant's or any other person's mobile device related to or resulting from enrollment in or participating in the Program.
Company may prohibit a Program Participant from enrolling in or participating in the Program or redeeming Bucks if, at its sole discretion, it determines that said Program Participant is attempting to undermine the legitimate operation of the Program by cheating, deception or unfair playing practices or intending to annoy, abuse, threaten or harass any other Program Participants or representatives of Company or Administrator. Any Program Participant attempting to defraud or in any way tamper with the Program will be ineligible to participate in the Program and may be prosecuted to the full extent of the law.
All questions and disputes regarding the Program, including, without limitation, all questions or disputes regarding a Program Participant's eligibility for the Program or compliance with these Terms and Conditions will be resolved by Company in its sole discretion. Enrollment submissions that are mechanically reproduced, copied, illegible, incomplete, or inaccurate and by means which subvert the enrollment process and Program operations are void.
Program Participants may be disqualified if Company learns that the Program Participant disparages Company while participating in the Program. Program Participants should be aware that Company retains the right to take legal action against Program Participants who commit libel or slander against Company while participating in the Program.
These Terms and Conditions constitute a complete and binding agreement between Company and a Program Participant. No waiver by Company of any right, obligation, or provision set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other right, obligation, or provision, and any failure of Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision, in whole or in part. To the extent that any provision of these Terms and Conditions are deemed invalid, the remainder of the Terms and Conditions shall remain in full force and effect.
RELEASE OF LIABILITY
By enrolling and participating in the Program, Program Participant releases Company, its parent companies, subsidiaries, affiliates and partners, and each of their employees, directors, agents, and advertising agencies; and all others associated with the development, execution, and administration of this Program (collectively, the "Released Parties") from any and against any and all claims, liability, loss, attorneys' fees and costs of litigation and settlement, or damage whatsoever arising with respect to the Program or the awarding, receipt, possession or use or misuse of any Bucks or Program Rewards.
PROGRAM PARTICIPANTS ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NOT MADE NOR ARE RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO OR IN CONNECTION WITH THE PROGRAM, ANY PROGRAM MATERIALS, GUIDANCE OR COMPONENTS THERETO, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Program Participant agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.The Released Parties will have no liability whatsoever for failure to supply a Program Reward or any part thereof, by reason of any acts of any Administrator, God, any severe weather, hurricane, flood, fire, war, transportation interruption of any kind, or any other cause beyond their control. By participating, Program Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Program, or any Program Rewards redeemed thereunder, shall be resolved individually without resort to any form of class action; (b) to the extent permitted by applicable law, any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with enrolling and participating in the Program, but in no event injunctive or other equitable relief; and (c) unless specifically prohibited by law, under no circumstances will any Program Participant be permitted to obtain any award for, and Program Participant hereby irrevocably waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses incurred.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions, including all matters of construction, validity, and performance, and all disputes arising out of or connected with the Terms and Conditions, the Program, and related transactions thereto, and in each case, including non-contractual disputes or claims (each a “Dispute,” collectively, the “Disputes”), shall, in all respects, be governed by and construed in accordance with the laws of the State of California without regard to any principles of conflict of laws, except that the arbitration clause herein shall be governed by the Federal Arbitration Act.
ARBITRATION
Any Dispute shall be settled by individual, binding arbitration under the Commercial Arbitration Rules under the Commercial Mediation procedures of the American Arbitration Association (the “AAA”). The place of arbitration shall be the AAA office nearest to Company’s business location in California, or other mutually agreed location. The language of the arbitration shall be English. The arbitrator shall be an attorney with experience in the field of intellectual property and advertising law.
All Disputes shall be arbitrated or litigated on an individual basis. Program Participant hereby irrevocably waives any right it may otherwise have to proceed on a class or collective basis and waives all right to trial by jury as well as any argument or claim of improper venue or forum non conveniens. The parties shall bear their own expenses, except that parties shall equally share the expenses of any arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the Dispute). The prevailing party in any arbitration or litigation may seek from the arbitrator or court an award of the party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any the award rendered by an arbitrator may be entered in any court having jurisdiction thereof.
Any Dispute not capable of being resolved by arbitration shall be commenced exclusively in the state or federal courts of the United States or the courts of the State of California, in each case located in Marin County, although Company retains the right to bring any suit, action or proceeding against Program Participant for breach of these Terms of Conditions in Program Participant’s county of residence or any other relevant county.
EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THE PROGRAM, PROGRAM PARTICIPANT HEREBY WAIVES ANY RIGHT PROGRAM PARTICIPANT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROGRAM, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
If a court decides that any provision of this section is invalid or unenforceable, that provision shall be severed and the other parts of this section shall still apply. In any case, the remainder of these Terms of Conditions will continue to apply.
The California Consumer Privacy Act of 2018’s (“CCPA”) implementing regulations define a “financial incentive” as a program, benefit or other offering “related to the collection, deletion, or sale of personal information.” Company’s collection of Program Participant’s personal information (including legal name, address, state, country, zip code, email, phone number, and social handles) allows Company to effectuate the Program. Company estimates the value of a Program Participant’s personal information solely for purposes of the CCPA and pursuant to the valuation options mandated by the CCPA regulations, to be reasonably related to the value of the offer or discount presented to Program Participant. Program Participant may participate in the Program as provided herein and may opt out pursuant to the Policies.
NO ASSOCIATION
Except as expressly provided herein, this Program is in no way sponsored, endorsed or administered by or otherwise associated with Instagram, Meta (formerly Facebook), Twitter, TikTok, YouTube or any other third party platform.
CHANGES TO THE PROGRAM AND THESE TERMS & CONDITIONS
Company reserves the right at its sole discretion to suspend, modify or terminate the Program, or revise and update these Terms and Conditions at any time, provided that any notices required by these Terms and Conditions are provided. If the Program is terminated, Program Participants shall have 60 days to redeem any accumulated Bucks from the date the notice of such termination is posted at the Website or Program Participant is otherwise notified.
A Program Participant's continued enrollment or participation in the Program following the posting of the revised Terms and Conditions means that a Program Participant accepts and agrees to the changes. Program Participants are expected to check for updates to these Terms and Conditions available at the Website from time to time so they are aware of any changes, as they are binding on all Program Participants.
