These Terms and Conditions Were Last Updated September 11, 2018.
The Lehigh Valley Phantoms 2018-19 Phantoms Rewards Loyalty Program
TERMS AND CONDITIONS
By registering for the Phantoms Rewards Program, you agree to the following Terms and Conditions. These Terms and Conditions may change from time to time, and by continuing your participation in the Phantoms Rewards Program, you agree to all subsequent changes.
YOU MUST HAVE A SMART PHONE IN ORDER TO PARTICIPATE IN THE PROGRAM. MESSAGE AND DATA RATES MAY APPLY. SEE SECTION D. FOR SMARTPHONE CAPABILITY REQUIREMENTS.
- Overview of the Phantoms Rewards Loyalty Program
These are the terms and conditions (“Terms and Conditions”) that govern the 2018-2019 Phantoms Rewards Loyalty Program (the “Program”). The Program is a loyalty benefits program sponsored by Phantoms Hockey, LLC. (“Sponsor”). The purpose of the Program is to reward Phantoms fans for attending games, making eligible merchandise purchases at any Phan Shop store location (PPL Center) ) (“Phan Shop Store”), entering codes from various Phantoms Rewards related activities, and through other methods as may be added from time to time. By engaging in Phantoms Rewards -related activities, Program participants will accrue rewards points. Participants can redeem their Phantoms Rewards points for Phantoms merchandise or autographed items and enter to win unique experiences. Phantoms merchandise and autographed items will be mailed to the fan using the address provided when registering for the program.. Points earned through the Program have no cash value, are non-transferable, and cannot be used for anything other than earning the rewards offered by Sponsor, which may change from time to time in Sponsor’s sole discretion.
- In General. The Program is open to legal residents of the 50 United States (including the District of Columbia) who are 13 years or older at the time of enrollment. Some point-earning activities may be available only to participants of certain ages (e.g., 18+, 21+). The Program is void where prohibited by law. Employees of Sponsor, Spectra, BDH Restaurants, the PPL Center, and their respective related companies, parents, subsidiaries, and affiliates, as well as any members of the immediate family (spouse, parents, siblings, and children) and household members of any such person may not participate in the Program.
- Participants Under 21. Some aspects of the Program may relate to alcoholic beverages. Participants under the age of 21 will not be able to earn points for or participate in these events.
- Participants Under 18 (or the age of majority in the jurisdiction in which they reside), but over 13. Participants under the age of majority (typically 18) in the jurisdiction in which they reside but over the age of 13 may join the Program only if they have their parent’s or legal guardian’s express permission to do so. Participants who are under the age of majority (but over 13) in the jurisdiction in which they reside and who register for the Program represent to Sponsor that they have secured their parent’s or legal guardian’s permission to do so. In the event that Sponsor is notified by a parent or legal guardian that they do not wish their child to participate in the Program, Sponsor will take reasonable efforts to delete the participant’s account and void all points remaining therein. Sponsor is not responsible for any points voided in this matter, nor is Sponsor liable for any action taken at the direction of a parent or legal guardian with respect to the termination of a participant’s account.
- Duration of Program
The Program will begin on September 1, 2018 at 12:00:01 a.m. Eastern Time (“ET”), and will end at 11:59:59 p.m. ET on August 31, 2019 (the “Program Period”). The last day to earn points during the 2018-2019 Program will be June 30, 2019 at 11:59:59 p.m. ET. All QR codes or other codes must be scanned or entered by June 30, 2019 in order to get credit for the points. At the end of the Program Period, all unused points for the 2018-2019 season will expire and be unredeemable. Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time. At the end of the Program Period, all point balances will expire, regardless of how many points have been earned.
- Enrolling in the Program
- Eligible individuals may enroll in the Program by downloading the Phantoms Hockey 365 App made available by Sponsor (the “Program App”) and registering under the “Phantoms Rewards ” menu. The Program App will be available on the mobile device platforms noted on the Phantoms Rewards website at http://www.phantomshockey.com/phantoms-rewards-program/ (the “Site”). Devices that run versions of the platforms other than the most current version may not be able to use the Program App in whole or in part.
- In order to access and use the Program App, participants must have a device that uses one of the platforms specified on the Site and one that is capable of accessing the Internet through a wireless data plan and/or WiFi. Sponsor is in no way responsible for any cost associated with such a data plan, nor is Sponsor responsible for any delays or technical difficulties that may arise from use of such a data plan. Devices that are not capable of accessing the Internet may not be able to take full advantage of the Program App.
- Certain points-earning activities and/or redemption processes may require additional functionalities for the devices. For example, certain activities may require the participant to enable GPS location services on their device. Devices that are not capable of enabling such services may not be able to take advantage of those point-earning activities. Similarly, some points can be obtained only through scanning a QR code, which will require a camera to be built into the mobile device. Participants are expected to know the limitations of their device, and Sponsor assumes no liability or responsibility for participants that use devices that cannot take full advantage of the application and/or the Program.
- Use of the Program App is limited to the device(s) and/or operating system(s) noted on the Site. Furthermore, use of the Program App may entail message, data, and other charges from smartphone network providers. All such charges are the responsibility of the participant. Participants should consult their individual wireless network provider for details on applicable charges.
- Once a participant has completed the registration process, s/he will be eligible to earn points. The number of points collected by each such participant will be recorded and tracked in the participant’s Program account, which can be accessed through the Program App.
- Limit: One (1) Phantoms Rewards account per person, mobile device, or e-mail address. The person who is the authorized account holder of the mobile device telephone number or the email account indicated when registering will be deemed the participant. In the event of a dispute as to the identity of the authorized account holder, the authorized account holder will be defined as the natural person who is assigned to a mobile telephone number (MTN) or email address by a telephone company, wireless service provider, Internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses, telephone numbers or wireless phone numbers for the telephone exchange associated with the submitted telephone number/email address or the domain associated with the submitted telephone, as applicable. Participants may be requested to provide Sponsor with proof that he/she is the authorized account holder of the MTN and/or email address associated with the account. In the event of a dispute between authorized account holders of a MTN and an e-mail address used to register for a Phantoms Rewards account, the authorized account holder of the e-mail address will be deemed the participant.
- Earning Points
- Points can be earned during the Program Period by attending games, making eligible purchases, or by engaging in any other eligible Phantoms Rewards -related activity. The most up-to-date information will be available through the Program App; the information on the Site may not be updated as frequently and so may be inaccurate at times. The list of point-earning activities may be updated from time to time at Sponsor’s sole discretion, and certain points-earning activities may not appear on the list.
- Once a participant has engaged in a points-earning activity, that participant will be given a code, either in alphanumeric or QR code format, or another method of redeeming the earned points. Alphanumeric codes should be entered into the Program App where indicated, while QR codes must be scanned by the Program App on a camera-equipped smartphone. Once the code has been entered or scanned into the Program (as applicable), the corresponding number of points will be added to that participant’s account. In the event that a points-earning activity does not distribute codes in either alphanumeric or QR code format, instructions for obtaining those points will be given.
- Sponsor reserves the right to change the number of points awarded for any particular activity at any time during the Program.
- Sponsor reserves the right to place limits on the number of times a participant can earn points in a particular way, the number of points a participant may earn in a given time period, the number of points a participant may earn for the duration of the Program, or any combination thereof. Sponsor may implement such limits at any time, for any reason, with or without providing notice to Program participants.
- Participants may not purchase or otherwise acquire codes from third parties and may not combine codes obtained by others for deposit into a single participant’s account. Participants may not transfer or sell codes under any circumstance, other than in programs authorized by Sponsor. Any attempt to combine or transfer codes or points will result in disqualification from the Program and forfeiture of all points in the participant’s account. Sponsor reserves the right to take any action it deems appropriate in its sole discretion in the event that it believes (in its sole discretion) that any participant has violated any of these provisions. Sponsor reserves the right to change, add, or remove the methods by which participants can collect points. Participants are responsible for the payment of all taxes which may result from the reward(s) received as part of the Program.
- Participants may not share codes with anyone, including posting codes to the Internet. Doing so will result in the voiding of that code and/or disqualification of that participant from the Program.
- Sponsor reserves the right to request validation of point redemptions if it deems such validation is necessary for the fair and equitable administration of the Program. Codes and/or redemption requests are void if (a) not obtained or submitted in accordance with these Terms and Conditions and through legitimate channels; (b) any part of the code or request is counterfeit, altered, defective, tampered with or irregular in any way; or (c) obtained or submitted as the result of or in connection with a sale, transfer, or other method which Sponsor, in its sole discretion, determines is in violation of these Terms and Conditions and the objectives of the Program. Participants must save the code or other evidence of point accrual for at least 90 days after the date participant enters the code, as it may be necessary to submit it later for verification. In its sole discretion, Sponsor reserves the right to reverse points previously credited to a participant’s account, if, upon Sponsor’s request, codes cannot be properly verified. Sponsor’s decisions regarding the awarding of points are final and binding. If Sponsor determines that previously-verified codes are invalid for any reason, Sponsor reserves the right to remove the applicable credited points from the participant’s account.
- Point balances may take up to three (3) business days to be reflected in a Program account. If additional time is needed for any reason, Sponsor reserves the right in its sole discretion to award points at a later date. If a participant believes that points were not properly accrued to his/her account, the participant must notify Sponsor by sending an e-mail to email@example.com. The e-mail must specify the participant’s Program username, the date the points were earned, the activity, the number of points, and the date of point submission. This e-mail must be sent no later than 15 days after the date on which the points were earned. Sponsor is not responsible for late notifications about points not being credited to an account, and may not award the points to the participant regardless of the reason for the failure. Sponsor reserves the right to investigate any claim of points not being credited to an account, and take whatever action it deems appropriate to ensure the fairness and proper administration of the Program.
- Redeeming Points
- THE POINTS EARNED DURING THE PROGRAM PERIOD ARE ONLY ELIGIBLE FOR REDEMPTION DURING THE 2018-2019 SEASON. THE LAST DAY TO REDEEM POINTS WILL BE THE LAST DAY OF THE PROGRAM PERIOD. THE POINTS EARNED DURING THE PROGRAM PERIOD DO NOT CARRY OVER TO THE NEXT SEASON. ANY REMAINING POINTS ON YOUR ACCOUNT WILL EXPIRE UPON THE CONCLUSION OF THE PROGRAM PERIOD, IF UNUSED AS OF THAT DATE.
- Participants must follow instructions within the Program App to redeem points for Phantoms merchandise, autographed items or entering to win unique experiences. If redeemed for Phantoms merchandise or autographed items, those items will be mailed to the participant using the address provided during registration.
- The Program App and the Site will list the eligible rewards merchandise, the number of items available and the corresponding point values for each item. The rewards merchandise is subject to availability. Periodically throughout the Program Period, Sponsor may modify the list of redemption rewards and corresponding point values, at any time and for any reason.
- Additional terms and conditions for the rewards may apply. These terms and conditions may be separately listed on the Site, in the Program App, and/or on the reward itself. Use of the reward is subject to compliance with those terms and conditions, and with these Program Terms and Conditions.
- All redemption rewards are final, and Sponsor will not offer or accept any refunds, exchanges and other issues regarding the rewards. Physical rewards are awarded “as is” with no warranty or guarantee either express or implied by Sponsor. Participants are solely responsible for all taxes and fees associated with receipt and/or use of items redeemed for reward points. All expenses, travel or other costs not expressly stated in the rewards merchandise description are the sole responsibility of the participant. For ticket rewards (if any), Sponsor is not responsible if any scheduled event is delayed, postponed or cancelled for any reason and reward recipient will not be reimbursed for tickets. Tickets may be subject to issuer’s standard rain-check policies and procedures. Restrictions, conditions and limitations may apply. Lost, mutilated, or stolen tickets, vouchers, or certificates will not be replaced. By redeeming rewards for ticket reward merchandise, you agree to be bound by any terms, conditions and restrictions provided by the ticket issuer. Sponsor is not responsible if ticketholder does not use ticket on day of event.
Participants may also “unlock” additional rewards in the form of vouchers (“vouchers”) towards merchandise, discounts or other prizes. Vouchers will be mailed or e-mailed to participants at the address provided during registration for the Program App. If you believe that you should have received a voucher, but did not, please contact firstname.lastname@example.org.
- Phantoms Rewards Promotions
From time-to-time, Sponsor may offer the ability for all or some Program participants to enter (or be automatically entered) into promotions for a chance to win a prize (each, a “Promotion”, collectively, the “Promotions”). The Official Rules for these Promotions are located at http:// www.phantomshockey.com/phantoms-rewards-program/
- Phantoms Rewards Account Maintenance/Termination
- Each participant is responsible for ensuring the accuracy of his/her account and is encouraged to check his/her account regularly. Each participant is responsible for ensuring that the mailing address associated with his/her account is accurate and up to date. Sponsor is not responsible for non-receipt of a reward or voucher that was shipped to the mailing address associated with a participant’s account. Changes to accounts or account information may only be made by the participant to whom the Account belongs.
- All participant accounts will expire at the end of the Program Period, and any points remaining in participant accounts will expire.
- Modifications and Termination of the Program
- Sponsor reserves the right to modify any of the Terms and Conditions set forth herein – including, but not limited to, the duration of the Program Period, methods by which participants may collect points, the eligible products to be purchased, the number of points associated with rewards, the number of purchases through which participants may collect points, the number of points that may be redeemed through the Program, and any of the options made available to participants with respect to their accounts, at any time, with notice, even though these changes may affect a participant’s ability to accrue or use his/her points.
- Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with notice, even though termination may affect a participant’s ability to accrue or use his/her points.
- A participant’s continued participation in the Program constitutes the participant’s acceptance of any changes to these Terms and Conditions. Participants are responsible for remaining knowledgeable of any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at the Site and will supersede all previous versions of these Terms and Conditions.
- General Terms and Conditions
- Additional terms and conditions may apply to the Site and/or the Program App. Such terms and conditions are incorporated herein by reference.
- Sponsor reserves the right to discontinue the participation privileges of any participant who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or with any federal, state or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated points. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- Sponsor reserves the right to rescind points credited to an account which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program.
- 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 accumulating points for combined use.
- Points are not the property of a participant and may be revoked at any time by Sponsor as set forth herein. Points may not be transferred or assigned, except as specifically permitted by Sponsor from time to time.
- Sponsor is not responsible for any incorrect or inaccurate information supplied by any participant participating in the Program.
- All questions or disputes regarding eligibility for the Program, collecting or redemption of points, or a participant’s compliance with these Terms and Conditions will be resolved by the Sponsor in its sole discretion.
- Limitation of Liability
- The Sponsor 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 participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Site or the Program App or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error, Sponsor, its related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releasees”) shall not have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES A PARTICIPANT ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. The Releasees, and each of their officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any use of misuse of rewards, including the obtaining of any products or services offered by or through use of the rewards distributed through the Program. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED THROUGH THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer’s warranties, if any, for any products redeemed in connection with the Program.
- As a condition of participating in this Program, each participant agrees that 1) any and all disputes, claims and causes of action arising out of or connected with this Program or any reward 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 Pennsylvania (Allentown Division) or the appropriate court of the Commonwealth of Pennsylvania located in Lehigh County, Pennsylvania; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Program, but in no event attorneys’ fees; and (3) under no circumstances will the entrants be permitted to obtain awards for, and entrants hereby waive 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of a participant and Sponsor in connection with the Program shall be governed by, and construed in accordance with, the laws of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Pennsylvania.
- These Terms and Conditions (and any terms and conditions associated with applicable reward merchandise) constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
- 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.
- Program Sponsor: Phantoms Hockey, 701 Hamilton Street, Allentown, PA 18101.