While the word "privacy" may mean different things to different people, we believe that once you understand how we use your information, the steps we take to protect it, and the resulting benefit to you, you will not only feel confident when sharing information with us, but will also find your participation in the Bowling Rewards Program a most rewarding experience. Every communication sent to you will contain instructions on how to unsubscribe from future campaigns and change the information that is contained in your profile. Appropriate physical, electronic, and managerial procedures have been put in place to protect the integrity and security of all information we obtain.
Acknowledgment & Acceptance
Patrons ("Members") are any individual who acquires and activates a Bowling Rewards card or card-less account and uses it at merchants subscribed to the Bowling Rewards network ("Merchants"). Patrons must activate their account over the Bowling Rewards website, through a merchant website interfaced with the Bowling Rewards system, or by phone in order to redeem any rewards earned or preloaded at participating Merchants. Patrons may earn rewards by taking advantage of reward earning opportunities at select participating Merchants by presenting their card or mobile phone number at checkout for qualifying purchases.
Access to Personally Identifiable Information ("PII")
PII refers to any information that can be used to identify you as an individual in any way. Enrollment in the Bowling Rewards Program is contingent upon your agreeing to this Agreement and providing basic registration information (e.g., first and last name, email address, zip code) that is non-financially sensitive.
Administrative Message Communication
Bowling Rewards uses your information to send Patrons periodic messages from time to time. Such messages most often include an automated thank-you note email sent the day after a Member patronizes a Merchant detailing rewards earned and outstanding balances. Less frequent messages may include: system updates and administrative announcements ("Administrative Messages") and periodic promotional announcements that merchants whom you already patronize feel would be of value to you (“Promotional Messages”) sent via email. Members can elect to stop receiving email directly from Bowling Rewards by clicking the Unsubscribe link located at the bottom of the email or by logging into their account online and updating privacy preferences in the Update Profile section.
Merchant Subscriber List Communication
In addition to automated thank-you note emails, birthday/anniversary emails and other administrative and Promotional Messages sent to Members directly from Bowling Rewards on the participating Merchant’s behalf, we provide access to your PII to only those Merchant(s) whom you patronize by allowing your card (or mobile number) to be swiped/entered at checkout to complete a sales transaction. Merchants may use this information to send you information about offers and services they feel would be of interest to you. You can elect to stop receiving email and/or text messages directly from participating Merchants by unsubscribing to messages received directly from the communicating Merchant.
Other than Merchant(s) whom you patronize, we do not provide your PII to anyone and we do not rent or sell your PII. You will NOT be contacted by outside third parties without your permission as a result of your participation in the Bowling Rewards Program or as a result of any direct or indirect action by Bowling Rewards. Furthermore, Merchants subscribing to the Bowling Rewards Program are contractually bound to observe strict anti-spam policies established by both Bowling Rewards and authorized sub-contractors engaged for the delivery of services. Failure to comply with these anti-spam policies may result in immediate termination of the Merchant’s subscription and permanent archiving of membership data that will no longer be accessible by the Merchant.
Bowling Rewards may keep PII indefinitely, however, upon cancellation of your Bowling Rewards account, all PII for your account will be purged from our records. Bowling Rewards will provide convenient access to the PII provided by you during enrollment in the Bowling Rewards Program for your review and correction. You can access your Bowling Rewards account and update any personal profile information and opt-in preferences through the Member Login area at www.bowlingrewards.com.
Mobile Terms of Service
We have a strict policy on unsolicited email and text messages. Because email and text communications are an integral part of the Bowling Rewards Program, by activating your Bowling Rewards account, you’ll be eligible to receive email and/or texts directly from only those Merchants in the Bowling Rewards network that you patronize. A Merchant that you patronize is a Merchant that you visit and give your Bowling Rewards card or mobile number to enter through its terminal at the Point of Sale for recording a sales transaction. If you later decide you wish to cease receiving communications from either Bowling Rewards or specific participating Merchant(s) that you patronize, you may do so at any time by following the opt-out instructions contained in the email or text communication, or by updating your opt-in preferences online while signed into your account through the Bowling Rewards Website. Please note that opting not to receive promotional email or texts from Merchant(s) that you patronize does not exempt you from receiving Administrative Messages directly from Bowling Rewards that include, but are not limited to, notices about vital program and membership status changes or alterations to our Terms of Service or Mobile Terms of Service.
Terms of Participation
Bowling Rewards membership and its right to use the Bowling Rewards Program is limited to one individual per Bowling Rewards account (unique member).
Member agrees to provide only true and accurate information when completing the Bowling Rewards registration form or updating personal information online at all times.
Member agrees to promptly notify Bowling Rewards of any change in Member's address (mail or email) or personal profile by updating his or her personal information at the Update Account Info section of the Member Login area of the Bowling Rewards Website.
Gift value loaded on Member’s account represents prepayment for goods or services. Federal law provides that money on store-issued gift cards cannot expire before 5 years from the date of purchase or when money was last loaded onto the card.
Participating Merchants reserve the right to limit the redemption of specific rewards and limit the number of reward earning opportunities within their facilities according to the respective Merchant’s program policies. These policies may be different on a merchant-by-merchant basis. Bowling Rewards reserves the right to cancel or disable or expire unredeemed rewards value in accounts in accordance with the issuing Merchant’s wishes.
Value will be subtracted from Member's account once the value is redeemed and will not be reinstated to Member’s account. Value loaded on Member’s account may not be replaced if lost, stolen or used without Member’s permission. No currency or change will be given for unused value or rewards earnings remaining on Member’s account.
Member agrees not to abuse Bowling Rewards privileges by any conduct which is detrimental to the interests of the Bowling Rewards Program, including without limitation: attempting to redeem preloaded value from multiple registered cards, having multiple accounts, attempting to earn rewards or receive other value through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with the Bowling Rewards Website.
Either Bowling Rewards OR a participating Merchant reserves the right to terminate or disable any Bowling Rewards membership if either Bowling Rewards or the impacted Merchant believes the Member has violated or acted inconsistently with the rules and policies of the Bowling Rewards Program or intent of this Agreement. Member understands and agrees that disabling of membership will result in Member's inability to redeem any value earned or preloaded on his or her account. Member further understands and agrees that termination of membership will result in the cancellation of all of Member's value.
Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in the Bowling Rewards Program if and to the extent that such participation is permitted by such laws, rules, and regulations. Bowling Rewards may refuse to enroll Member, or restrict, modify, or terminate Member's participation in the Bowling Rewards Program, without liability to Bowling Rewards, Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in the Bowling Rewards Program could violate any law, rule, or regulation.
Disclaimer of Warranties
MEMBER EXPRESSLY AGREES THAT USE OF THE Bowling Rewards PROGRAM IS AT THE MEMBER'S SOLE RISK. Bowling Rewards AND ALL SERVICES OFFERED THEREIN ARE PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. Bowling Rewards MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH Bowling Rewards OR Bowling Rewards MERCHANTS, ADVERTISERS OR PARTNERS; THAT Bowling Rewards WILL MEET MEMBERS' REQUIREMENTS; OR THAT Bowling Rewards’S SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DOES Bowling Rewards MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Bowling Rewards PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH Bowling Rewards.
Bowling Rewards EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Bowling Rewards SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY GUARANTEES, WARRANTIES, AND REPRESENTATIONS OFFERED BY Bowling Rewards MERCHANTS, ADVERTISERS, PARTNERS, MANUFACTURERS OF MERCHANDISE, OR SUPPLIERS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM Bowling Rewards OR PARTICIPATING Bowling Rewards MERCHANTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
Bowling Rewards SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN Bowling Rewards SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Bowling Rewards is not responsible for damages or losses that result from participating or inability to participate in the Bowling Rewards Program, or reliance on or use of information, services, or merchandise provided on or through Bowling Rewards. Member acknowledges and agrees that Bowling Rewards neither endorses the contents of Merchant or third parties' websites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
Bowling Rewards is not responsible and assumes no liability for any changes or discontinuances of service by any Merchant that may affect the ability to accrue or redeem value, or use any aspect of Bowling Rewards services. In no event shall Bowling Rewards’s liability, either jointly or severally, exceed the wholesale value of printing a Bowling Rewards plastic card.
Member's correspondence with or participation in reward earning opportunities offered by Merchants is solely between Member and the Merchants. Bowling Rewards assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.
Member understands that, in some cases, there may be delay in the crediting of value or ability to redeem value toward a sale purchase due to the Merchant’s terminal failing to provide necessary information to Bowling Rewards for such crediting or debiting of value to existing balances. Bowling Rewards will not be responsible or liable for the delay or failure to credit value in such event.
Third Party Services
To enhance the value of the Bowling Rewards service to Members, Bowling Rewards may use third parties to collect, process and store your PII for the purposes of data verification and supplementation. Data verification involves the use of a third-party data processing service to standardize and clean your provided enrollment information so that it is easily identified and accessed in our database. Data supplementation involves appending any publicly available information about you to your personal profile.
We might seek out any information about you that is publicly available on the open market and overlay this data onto ours for comparison purposes. Information collected in this manner could include your spending habits from a mail-order catalogue, demographic information you provided in entering a sweepstakes, or your financial history. All of this results in a program that is tailored to your personal interests and provides you with the most relevant reward earning opportunities.
These third parties, including contractors, sub-contractors and partners, are contractually bound to preserve the confidentiality of your information and have agreed to be bound by the terms set forth in the Bowling Rewards Privacy Statement and to maintain the confidentiality and protection of your PII at all times during and after providing services and can use your PII only for the purpose of providing services to Bowling Rewards.
We maintain rigorous Security Practices to ensure as much as is reasonably possible that the confidentiality of your PII is not compromised. Bowling Rewards has established company-wide security practices for your protection. These practices include, but are not limited to, firewall security, the use of appropriate encryption technology, and the use of multiple levels of password security to limit access to data on a "need to know" basis. All contractors and employees are required to familiarize themselves with, and abide by, these safeguards.
AT ANY TIME, MEMBER, Bowling Rewards, OR MERCHANT MAY TERMINATE MEMBER'S MEMBERSHIP, WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION, AT WHICH TIME MEMBER'S UNREDEEMED VALUE WILL BE CANCELLED.
Termination of Member's membership by Member is effective upon Member submitting a termination request through the Bowling Rewards Website and Member receiving a message from Bowling Rewards confirming termination. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn rewards or redeem any unused value after termination.
Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with Bowling Rewards for any reason, Member's only recourse is to immediately discontinue participation in the Bowling Rewards Program and terminate his or her membership in the manner provided herein. (See paragraph above.)
Bowling Rewards reserves the right to terminate the membership of any Member who appears to be using Bowling Rewards in a manner inconsistent with this Agreement, the intent of this Agreement, or any Bowling Rewards rules.
Upon termination of the service or offer, or validation of your transaction, unless you directly authorize Merchant(s) that you patronize to maintain or use your PII for other purposes, each Merchant is required to delete your PII from its files.
Proprietary Rights to Content
Member acknowledges that Bowling Rewards content (including but not limited to text, sound, photographs, graphics, or other material contained in any Bowling Rewards communication, advertisements, or messages, whether by Bowling Rewards, Bowling Rewards’s merchants, advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by Bowling Rewards, its subscribing merchants, advertisers and partners, as the case may be.
Bowling Rewards reserves the right to change this Agreement, and/or any part thereof, at any time. Member understands the most recent version of this Agreement will be located in the Legal Notices section that can be found at the footer of every page on the Bowling Rewards Website.
Member's non-termination or continued use of Bowling Rewards constitutes an affirmative acknowledgment by Member of any modification to this Agreement and consent to abide and be bound by all terms thereof. At any time, if Member does not agree with the Member Terms of Service, Member may terminate Member's membership.
Bowling Rewards reserves the right to modify or discontinue the Bowling Rewards service with or without notice to Member. Bowling Rewards shall not be liable to Member or any third party should Bowling Rewards exercise its right to modify or discontinue the Bowling Rewards Program in whole or in part.
All notices given by Bowling Rewards to you will be given by email, regular mail or by general posting on the Bowling Rewards Website.
Member agrees to indemnify and hold Bowling Rewards, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees, relating to use of the Bowling Rewards Program and/or Bowling Rewards card or violation of this Agreement.
We reserve the right to release information to local, state, or federal law enforcement officials when we believe in good faith that the law requires it, or when required to do so by order of a Court or authorized administrative agency.
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Bucks County, PA or at another location determined by Bowling Rewards under the Commercial Arbitration Rules of the American Arbitration Association (the "Rules") by three arbitrators appointed in accordance with the Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of law principles. Arbitration proceedings shall be governed by federal arbitration law and the Rules, without reference to state arbitration law.
Member and Bowling Rewards agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
This Agreement constitutes the complete and exclusive understanding between Bowling Rewards and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Bowling Rewards’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bowling Rewards in writing.
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Dated: March 20, 2014