Terms and Conditions
OVERVIEW
PARTICIPATION
To enroll, you must: (a) have a valid Canadian or in certain cases, N.Y. State address, (b) be of legal age in the Province or State in which you reside, and (c) be a travel agent. If we accept your application for enrollment in the Program, we will establish your Account in your name and provide you with the relevant participation information. All Pink Perks collected by you will be recorded in your Account. The Program, including all Pink Perks and every certificate or other document which may be exchanged for a Reward and all rights relating to them, are and will remain Open Jaw property. Pink Perks Points may not be sold, exchanged, transferred, given, mortgaged, charged, pooled, willed as part of an estate, or otherwise disposed of in any manner in accordance with these Terms and Conditions. You are bound by all procedures and conditions we establish from time to time regarding any or all aspects of the Program.
COLLECTION
REDEMPTION
Only you can redeem your Pink Perks points. You may not redeem any more Pink Perks than the total number of Pink Perks that appear in your Account at the time of redemption. Pink Perks may be redeemed at any time through our website at www.pinkperks.com. Redemptions are redeemable immediately upon request and subject to a reasonable amount of time for shipping. For your security, redemptions can only be made by you personally. All Account balances are subject to verification prior to Reward issuance. In general, taxes, service fees and delivery costs are included in the Pink Perks points value of the Rewards you redeem. Once Rewards have been issued or shipped, no changes or refunds whatsoever are permitted. All Rewards are subject to availability. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any Reward, or for your Rewards not turning out as you expected for whatever reason. If there is any dispute regarding the description or features of the redeemed Reward, the decision of VIBE SMG INC. (hereafter referred to as the 'Program Administrator' or 'VIBE) will be final. If a Reward item becomes unavailable, a substitution of equal value will be offered. Rewards take 4 to 6 weeks for delivery. Members will be notified if their Reward is on back-order.
PRIVACY STATEMENT
Open Jaw and VIBE SMG INC are committed to protecting the privacy of your information.
Open Jaw (itself or through an agent appointed to manage the Program on our behalf) collects the following personal information from Participants: Name, Agency Name & Affiliation, address, business telephone number and business e-mail address. This information is used to credit your Account and to communicate with you about your Account and the Program. We may also collect information from you on a voluntary basis through surveys and other means in order to understand your business needs and to market to you information about products and services which may be of interest to you. If you choose to not receive our promotional materials or to not receive this additional information, it will not affect your status as a Participant.
Participant information is stored in confidential databases. If you wish to consult your file or to correct any information contained in it, you may do so by contacting Customer Service at (1-866-706-8423) during regular business hours (Monday to Friday 9:00am to 5:30pm ET). We do not give, rent or sell our Participant lists or other personal information to any organization or individual other than for the purpose of processing Participant information and administering the Program.
TERMINATION, CHANGES AND BREACH
GENERAL
These Terms and Conditions constitute the entire agreement between you, Open Jaw and VIBE SMG INC regarding your participation in the Program, your entitlement to collect and redeem Pink Perks and your entitlement to any other benefits of the Program, and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications.
Neither Open Jaw, nor VIBE nor our affiliates nor any of our respective officers or directors have any responsibility or liability for any expense, loss, cost, injury, damage, delay, or any other matter whatsoever (collectively, "Costs"), however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to (i) any Rewards or the operation of the Program or your participation in the Program, (ii) any failure, delay or decision in administering the Program or amending these Terms and Conditions or the basis on which you can redeem Pink Perks, (iii) any offer, representation, statement or claim about the Program, or (iv) the purchase, redemption for or use of any goods or services. Open Jaw may, at its sole discretion and without affecting the application of the above, credit your Account with the number of Pink Perks you redeemed, or attempted to redeem, in connection with any loss, expense, damage or delay incurred by you in redeeming the Rewards.
If the following changes: address, email, or affiliation it is your sole responsibility to update it online via the My Profile section on the Pink Perks rewards site. This is to ensure that reward confirmations and reward items are sent to the correct address. All order confirmations and notices will be sent to your electronic address according to our records. Pink Perks have no cash, monetary or other value and cannot be converted into any currency. We are not responsible for unauthorized use of your Account. We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program. We will not be taken to have waived any of our rights even if we credit or redeem Pink Perks when not required. The Program, and its Terms and Conditions, are governed by the laws of
c/o VIBE SMG INC
Suite 108
