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Terms and Conditions
Yoga Today Ambassador Rewards Program Terms and Conditions
1. The Yoga Today Ambassador Rewards Program (the “Program”) is open to any person in any country that has not prohibited participation in customer loyalty programs, and who is of the legal age of majority in their jurisdiction of residence. Organizations of any kind are not eligible to participate. Employees of Yoga Today LLC (the “Sponsor”), any affiliated company, Sponsor’s advertising/promotion agencies, and the immediate family members and/or those living in the same household of each of the foregoing are not eligible for membership in the Program.
The current phase of the Program begins at 12:00:01 a.m. Eastern Time (ET) on July 9, 2010 and is scheduled to end at 11:59:59 p.m. ET on July 9, 2011 (the Redemption Period), but Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time. Points may be earned beginning 12:00:01 a.m. ET on July 9, 2010 until 11:59 p.m. ET on July 9, 2011 (the Collection Period), and individuals will be able to redeem points at any time during the Redemption Period. Participants can collect points by the methods set forth in Section 3 below and will be able to redeem points as set forth in Section 5 below.
2. To become an Ambassador Member (the “Ambassador” or “member”) in the Yoga Today Ambassador Rewards Program, you must first register and set up a unique Ambassador ID at www.yogatoday.com providing all requested information including an e-mail address, username for the Program, and password. Once approved for membership, Ambassador Rewards Points will accrue only to the registered account holder and cannot be assigned, conveyed or otherwise transferred to any other member or combined with any other member’s Ambassador Rewards Points (“Points”). Points have no cash value, do not constitute property of the member, and are valid until the Program ends. The Sponsor will maintain records of Points assigned to each member, but all members are encouraged to keep track of all Points in the member’s individual Ambassador Rewards Point Account. Use of a profane Ambassador ID or the submission of false or misleading personal information by a registrant will be grounds for disqualification. The determination of what constitutes profane, false, or misleading information is at the sole and absolute discretion of the Sponsor. In the event of any dispute regarding the identity of a person registering for membership in the Yoga Today Ambassador Rewards Program, the registration will be deemed submitted by the authorized e-mail account holder, which is defined for purposes of these Terms and Conditions as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
3. Paid membership is not required to obtain Points or to participate in the Yoga Today Ambassador Rewards Program. Existing members of Yoga Today may participate by generating an Ambassador ID for their account. To credit an Ambassador, new subscribers must enter the unique identifier (Ambassador ID) into a field marked as such during the registration process; or opt to credit the Ambassador automatically associated with their referral by the URL tracking system in place.
4. For each successful referral of a three (3) month prepaid quarterly membership, the referring Ambassador will receive one (1) Reward Point. For each successful referral of a twelve (12) month prepaid annual membership, the referring Ambassador will receive three (3) Reward Points. Referral of a monthly membership ($9.99 standard fee) does not qualify for an Ambassador to receive Reward Points. An Ambassador will receive the Reward Point(s) when the credit card transaction for the new membership is successfully completed. No points will be rewarded until the expiration of the two-week free trial membership. Qualifying referrals are individuals who have not subscribed to Yoga Today within the past twelve 12 months. Only one Ambassador will receive credit for bringing in a new membership. The referral will be credited through the unique URL linked to the member’s unique Ambassador ID that brought the new member to the site most recently; or, by the referral manually entering an Ambassador ID at the time or their registration. The referring Ambassador will be displayed on the sign-up page of the new member and an email will be sent the Ambassador notifying them that a new member has signed up via their referral. An opt-out check box will be provided to the new referral at signup should they prefer not to notify the Ambassador by email, keeping their signup anonymous. If the new member proceeds with signup without editing the auto-filled Ambassador ID field, they are agreeing to credit their referral to the Ambassador on record with the Sponsor.
5. Each one (1) reward point can be redeemed for one (1) free month unlimited membership to Yoga Today. Upon reward redemption, months will be added to the end or their existing membership term. If the Ambassador is currently a “free member,” his/her account status will be upgraded to “unlimited membership” for the duration of the points earned. At the end of the term, the membership may be downgraded to “free membership” status unless the Ambassador member chooses to upgrade during that time.
6. Sponsor may include a list of merchandise and other items available for point redemption throughout the Redemption Period and reserves the right to modify the point values of the Rewards, at any time for any reason during the Redemption Period. Sponsor reserves the right, in its sole discretion, and from time to time, to reduce the Point redemption value for any item offered by Sponsor. Sponsor will endeavor to provide as much notice as possible on the Yoga Today Ambassador Rewards Program website in the event any item offered for redemption is to be discontinued or becomes low in stock due to member demand; provided, all items are available to members while supplies last and are always on a first-come, first-served basis. Sponsor may, at any time and in its sole discretion, determine that a particular item is to be discontinued, and such item’s availability at any time during the Program shall not guarantee its availability throughout the entire Program. Sponsor may, at any time and in its sole discretion, determine that residents of individual states are prohibited from participating in the Program due to restrictions imposed by state laws. The redemption value for all items includes shipping only to the street address registered to the member redeeming the Points, and only if such address is located in the United States of America. Members are responsible for all federal, state, and local taxes, including income tax liability, associated with any item acquired through the redemption of Points under the Program. Points can be redeemed one time and any item acquired through the redemption of Points cannot be returned to Sponsor once shipped to the member. The balance of any Point Account will be reduced by the number of Points redeemed for the item(s) to be acquired. There is no limit on the number of redemptions that can be made during any time period provided the number of Points in a member’s account is equal to or greater than the stated Point value of the item(s) to be acquired. Items acquired from the Yoga Today Ambassador Rewards Program should be received approximately 8-10 weeks after submission of a redemption request. All point redemptions for products are final. Refunds, exchanges and other issues regarding the product redeemed are governed by the vendors terms and conditions applicable to the purchase and are not the responsibility of Sponsor.
Any points remaining in an Enrollees Account which has remained inactive for a period of 12 months or more will be forfeited without compensation. Failure to either credit points to an Account or Redeem points from an Account constitutes inactivity for purposes of this condition. Any points remaining in an Enrollee's Account at the end of the Redemption Period will be forfeited without compensation. The points have no cash value and are only redeemable for offered rewards via the Program.
7. As a condition of participation in the Yoga Today Ambassador Rewards Program, each member agrees to abide by these Terms and Conditions and Sponsor’s interpretation of same in the event of any perceived ambiguity. Sponsor (i) shall have no liability for errors in the printing or production of any materials and/or communications regarding any aspect of the Yoga Today Ambassador Rewards Program including, but not limited to, Points, or the maintenance of member accounts, (ii) is not responsible for technical or transmission difficulties related to the online submission of Points, (iii) is not responsible for any incorrect or inaccurate information, whether caused by any printing, technical or human error which may occur during the Program, (iv) assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation, theft or destruction or unauthorized access to, or alteration of Point Accounts, and (v) assumes no responsibility for late, lost, incomplete, or misdirected requests for Points. Any person attempting to defraud or in any way tamper with the mechanics or operation of the Program may be prosecuted and, in any event, will be declared ineligible to participate as a member with the Point Account associated with such person, if any, deleted and all Points contained in such Point Account forfeited. If, for any reason, the Program is not capable of being run as planned due to tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Sponsor reserves the right in its sole discretion to terminate the Program with as much notice as practical.
8. The Yoga Today Ambassador Rewards Program begins at 12:00:01 a.m. ET on July 9, 2010, and will end at 11:59:59 p.m. ET on July 9, 2011 (“Program End Date”), unless terminated earlier in accordance with these Terms and Conditions or extended by the Sponsor in its sole discretion. Sponsor shall endeavor to provide as much notice as possible prior to the Program End Date to inform members of the extension of the Program so that members do not unnecessarily redeem Points in their Point Account; however, Sponsor makes no guarantee or representation as to the length of time for which the Program may be extended past the Program End Date, or if it will be extended at all. On the Program End Date, all Point Accounts will be frozen and Members shall have sixty (60) days past the Program End Date in which to redeem the number of Points in the member’s Point Account; after such 60 days and, provided that the Program is not extended, all Points will expire and all Point Accounts will be deleted with no further liability owed by Sponsor to any member. In the event the Program is extended, these Terms and Conditions shall apply until changed. Sponsor reserves the right to modify these Terms and Conditions at any time with notice posted on the Yoga Today Ambassador Rewards Program website. The continued use of a member’s Point Account subsequent to any change in these Terms and Conditions constitutes acceptance of such change by such member. A member can object to Sponsor’s change in the Terms and Conditions by no longer participating in the Program. Any disputes under the Program shall be governed by the laws of New York in courts sitting in Monroe County, New York. SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SPONSOR. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THESE WARRANTIES GIVE SPECIFIC LEGAL RIGHTS, AND MEMBERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. AS A CONDITION TO PARICIPATING IN THE PROGRAM, MEMBERS AGREE THAT SPONSOR IS NOT RESPONSIBLE OR LIABLE FOR, AND RELEASE SPONSOR FROM, ANY INJURY, LOSS, OR CLAIM, INCLUDING PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH SUCH MEMBER’S PARTICIPATION IN THE PROGRAM OR FROM THE USE OF ANY ITEM ACQUIRED THROUGH THIS PROGRAM. If Sponsor is ever adjudicated liable for any loss, damage or injury arising out of, or connected with, the Program, Sponsor’s liability will not exceed $100.00 or the value of the item acquired under the Program that caused the loss, damage, or injury, whichever is greater. SOME STATES DO NOT ALLOW A LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY.
9. These Terms and Conditions constitute the entire agreement between Sponsor and Members relating to the Program and supersede any prior understandings or agreements (whether oral or written) regarding the Program. If any court determines that any term set forth herein is unenforceable in whole or in part, then that term will be enforced to the fullest extent permitted, with these Terms and Conditions otherwise remaining in full force and effect.
10. Some or all parts of the Program may not be legal in certain countries. Consequently, the Program is void where prohibited by law.