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Specialicious Rewards Program

OFFICIAL TERMS AND CONDITIONS

PLEASE READ CAREFULLY. By indicating your willingness to participate in the Specialicious Rewards Program, you agree to the following Terms and Conditions.

The Specialicious Rewards Program (the "Program") is a monthly program by Specialicious.com (the “Promoter”) in which individuals are awarded for the total amount they spend on the Specialicious Website (the “Website”) on a monthly basis.  At the end of any specific month, up to a specified number of top  individuals to be determined on a monthly basis by the Promoter who spend the most money on the Website may be awarded the specific reward for that month.

 

IMPORTANT NOTICE
- If you have MULTIPLE ACCOUNTS, you will not be able to combine the rewards points!

- If you make a purchase through FACEBOOK, you will not be able to combine the rewards points even with the same account that you use to purchase directly through Specialicious!

-To ensure accumulation of your rewards points, please make all purchases with the SAME login. (To illustrate: If you make a purchase with your Facebook Connect login on one day, and then make another purchase with your direct Specialicious login on another, the points earned from those two purchases will NOT be combined).

 

 1.  Eligibility
The Program is open to legal residents of the 50 United States (and the District of Columbia) who are 18 years and older at the time of enrollment. Employees, directors and officers of Metro Media Marketing, Inc., dba, Specialicious, their respective parent companies, affiliates, subsidiaries and agents, and any agencies or other companies involved in the development or execution of the Program or the prize, as well as their immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) are not eligible to enter the Program.  The promotion is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations. Void where prohibited by law.

2.  Duration
The Program is a monthly program which begins at 12:00 a.m. Eastern Time ("ET") on the first day of the given month (e.g. January 1, February 1, March 1, et. al.) and ends at 11:59 p.m. ET on the last day of the same month (e.g. January 31, February 28 (or 29 if a leap year), March 31, et. al.) (hereinafter the "Redemption Period").  Promoter reserves the right to shorten, extend, modify, or cancel the Program, at its discretion, at any time. Individuals can only use the exact amount of money spent on the Website in the specific month to determine their standing.  Purchases and/or accrual of total purchases do not extend or carry beyond the Redemption Period in which the purchase was made to another Redemption Period.

3. Enrolling in the Program
Individuals age 18 and older may enroll in the Program.  By creating an account on the Specialicious Website, an individual must have a unique valid email address, and will indicate their enrollment in the Program.  Limit one (1) account per person. Once an individual participant establishes an Account with his/her corresponding personal information, he/she will be enrolled in the Program ("Enrollee"). The total amount spent by Enrollee will be recorded and tracked in the Enrollee's Account.

4. Monthly Participation
4.1  Enrollee must purchase a Voucher on the Website to qualify for each individual Redemption Period.  The accrued total amount that Enrollee spends in each month/Redemption Period determines the Enrollees standing against all other Program participants for that specific Redemption Period.  Every single purchase (Applies to vouchers only.  Gift Card and Refer a Friend Credit will not count towards Program.) made during the Redemption Period by Enrollee on the Website counts toward the Program but only for that Redemption Period. 

4.2  At various times during the Program, Promoter will declare "Bonus" periods during which amount earned from purchases will increase (e.g. double, triple, etc.). The Website will indicate when there is an active Bonus period in effect. Enrollees who purchase Vouchers during Bonus periods will earn the corresponding increase in the total amount for the month as set forth on the Website.  Purchases during Bonus periods will be treated identical to a regular purchase per 4.1.

4.3  Enrollees may not carry Redemption Period totals from one month to the next.  Separate Enrollees are not allowed to combine or transfer points with other Enrollees' Accounts.  Enrollees may not combine purchases by others for deposit into a single Enrollee's account, nor sell, trade or otherwise attempt to transfer their purchased amount in any manner in violation of these Terms and Conditions. Any attempt to combine or transfer amounts will result in disqualification from the Program and forfeiture of the Enrollee in the Program.  Promoter reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Promoter believes (in its sole discretion) that an Enrollee (or Enrollees) have violated this provision.

4.4  Promoter reserves the right to change, add, or remove the methods by which Enrollees can collect their monthly amounts. Enrollees are responsible for the payment of all taxes which may result from the reward(s) received as part of the Program.

4.5  If an Enrollee believes that legitimate purchases were not properly credited to his/her Account, the Enrollee must notify the Promoter within fifteen (15) days of the day of the purchase. 

4.6  Enrollees must save a copy of the original purchase receipt, as well as any confirmation emails for such purchases for at least ninety (90) days after the date Enrollee purchases a Voucher on the Website, as it may be necessary to later verify the purchase.  Promoter reserves the right to require proof including, but not limited to, the original proof of purchasePromoter’s decisions regarding the awarding of purchase amounts are final and binding.

4.7  Enrollees who seek to return a Voucher for credit will receive a corresponding action to remove the same amount from their monthly purchases for that specific month in the Program.

5.     Award

5.1  Enrollees will be able to track their status on the Website for the current Redemption Period.  The specified top purchaser(s) will be notified directly once the Redemption Period is closed and no more purchases and credits can be redeemed to affect the final totals. 

5.2   The Website will list each month’s award at the beginning of the month.  Once the monthly purchases are totaled for the Redemption Period, Specialicious will notify and then deliver the Awards within 30 days of notification.

5.3   The Awards are final once issued.  They cannot be returned for credit or exchanged for money.  Refunds, exchanges and other issues are governed by the award vendor's terms and conditions applicable to the specific award and are not the responsibility of Specialicious.

6. Program Modifications and Termination
6.1  Promoter reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, the duration of the award period, methods by which enrollees can increase their monthly totals, the eligible products to be purchased, the number of purchases through which Enrollees may utilize on a monthly basis, and any of the options made available to Enrollees with respect to their Accounts - at any time, with or without notice. An Enrollee's continued participation in the Program constitutes the Enrollee's acceptance of any changes to these Terms and Conditions, of which the most current will be posted on the Website. Enrollees are responsible for remaining knowledgeable as to any changes that Promoter may make to these Terms and Conditions.

6.2  Promoter reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect an Enrollee's ability to accrue their monthly total. In the event of an early termination, Enrollees will have 30 days from date Program termination is announced to redeem their points.   

7. Program Terms and Conditions
7.1  By enrolling in the Program, Enrollee agrees to allow Promoter to:  (a) use Enrollee's personal information for the purposes of administering the Program and distributing awards; and (b) the use by Promoter of the Enrollee's submitted personal and other information, in a manner consistent with the Privacy Policy of the Website. 

7.2  Promoter reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, municipal, territorial or local laws, statutes or ordinances.  Enrollees who have been discontinued in the Program will lose all accrued totals. In addition to discontinuance of participation privileges, Promoter shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

7.3  The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accruing monthly totals.

7.4  Promoter is not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Program.

7.5. All questions or disputes regarding eligibility for the Program, collecting or redemption of points, or an Enrollee's compliance with these Terms and Conditions will be resolved by Promoter in its sole discretion.

8. Limitation of Liability
8.1  Promoter, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, assigns, and service providers, are not responsible for any products or services offered by the Awards Partners.

8.2 Promoter is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction.

 

TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE PROMOTER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY GIFT CERTIFICATE OR AWARD PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROMOTER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM.  IF PROMOTER IMPROPERLY DENIES AN ENROLLEE ELIGIBLE PURCHASES TOWARD THE MONTHLY ACCRUAL, LIABILITY WILL NEVER EXCEED THE AMOUNT OF THE AWARD THAT ENROLLEE COULD HAVE BEEN AWARDED. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS 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 ACTION IS BASED.

 

8.4  Promoter acknowledges the authority of the Virginia Prizes and Gifts Act and makes every attempt to abide by and follow the procedures outlined in the Act but only as it applies to this Program.

8.3 As a condition of participating in this Program, Enrollee agrees that any and all disputes, claims and causes of action arising out of or connected with this Program or any awards obtained through the Program shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Virginia.  Enrollees furthermore agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' fees and under no circumstances will Enrollee be permitted to obtain awards for, and Enrollee hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

8.5 These Terms and Conditions constitute the entire agreement between Program participants and Promoter and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.  

8.6 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.