Rewards Program Terms
Rewards (the “Rewards Program”) is a loyalty program unique to ShopSimon™ owned or controlled by Shop PO, LLC (the "Shop PO") that is available only to registered users of the Rewards Program (“Users”) currently available at shop.simon.com and other successor or related sites and or mobile applications (collectively, the “Participating Site”), and powered by Zinrelo ("Platform Provider"). Users accessing and engaging with the Rewards Program in accordance with these Rewards Program Terms (the "Terms") can accrue Points (defined below) for activities described on the Participating Site and/or announced in emails and text messages or other communications to Users. Points are then deposited into the User's account and can be used to redeem rewards ("Rewards") as outlined at a Rewards page on the Participating Site ("Rewards Site") and/or for the purposes of allowing Users to access collectively the Program Features. The “Program Features” include, but are not limited to, participating in rankings, gaining recognition for certain activities and other program elements as may be determined by the Shop PO from time to time at their sole discretion. The Rewards may change from time to time, without notice, at the sole discretion of the Shop PO.
The Rewards Program is offered only to ShopSimon customers who are at least 18 years of age and who provide and maintain a valid email address. By joining the Rewards Program, you represent that you are at least 18 years of age or older. When registering for the Rewards Program you agree to only register one (1) account for the purpose of accruing Points.
Once you become a User of the Rewards Program, you may receive additional emails related to the Rewards Program, the Program Features, the Rewards, Points, or other benefits available hereunder. Opting out of such emails may prevent your participation in the Rewards Program. We expect that you will submit and maintain accurate user information. You can update your information at any time by going to the “My Account” section of shop.simon.com or contacting Customer Service at onlinesupport@shopsimon.com.
PROGRAM PARTICIPATION
The Rewards Program allows Users to accrue Points while using, viewing, interacting or responding to the Participating Site, in accordance with the rules of any promotion and the accruing points provisions of these Terms. For the purposes of the Rewards Program, "Points" mean those particular Rewards Program measurement increments, which can be used to redeem certain Rewards. Points and their values are: (a) determined by the Shop PO at its sole discretion; (b) subject to change without notice; (c) may vary among promotions; (d) are subject to approval; and (e) may be subject to a limit for the amount of points that may be accrued during a defined period and/or for specific actions as determined at the sole discretion of Shop PO. All Points, including but not limited to accruing, saving and using, must be used in compliance with these Terms. Points are not transferable and Points cannot be accrued after the Rewards Program is terminated, as set forth below. Unless prohibited by law, unused Points are forfeited upon termination of the Rewards Program.
Participation in the Rewards Program constitutes acceptance of these Terms. These Terms may change, in Shop PO’s sole discretion, with or without notice to any User. If a change occurs, the User's continued participation in the Rewards Program shall constitute agreement to the changes. A User may terminate participation by opting out of Rewards Program or by notifying Shop PO at onlinesupport@shopsimon.com, and upon such termination the User will lose access to and may no longer use all Points accumulated up to the date of termination. If a User opts out of Rewards, points accumulation ceases immediately, however such User may rejoin program and commence point accumulation at any time. If a User rejoins the program, any Points previously accrued by such User prior to their opt-out that have not expired will be available to that User.
Each User is entitled to only one Rewards account. Any User or person who tries to use more than one user account, user ID or create more than one identity to obtain more Points shall be disqualified at Shop PO's sole discretion.
ACCRUING POINTS
Subject to change, Users may accrue a certain number of Points for particular activities as those Point-accruing activities or through a particular promotion through which a User is invited to participate.
Points and point-accruing activities shall be displayed on the Website and may be recorded for review by the Shop PO. Points will be deposited in a commercially reasonable time after they are accrued. Any inquiries regarding Points not correctly deposited must be received by the Shop PO at onlinesupport@shopsimon.com within fourteen (14) business days of the date of alleged accrual of Points and Shop PO has the right to make the final decision regarding the same. A User's accrued Points are not transferable.
To accrue Points, the User must be signed in to the Participating Site with the same account they signed up for the Rewards Program.
Points and Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from a User. As such, neither Points nor Rewards constitute property and Users do not have a vested property right or interest in the Points or Rewards. Shop PO reserves the right at any time in its discretion, and without prior notice, to add or change the Rewards Program rules, terms or conditions, including changing the Rewards, changing Point values for existing or future Points or replacing such Points or Rewards with such other promotional rewards as it determines from time to time. Without limiting the foregoing, Points can be changed or eliminated by Shop PO at any time without prior notice.
POINT REDEMPTION
Users may redeem Points for Rewards on the Rewards Site. Users may also obtain Rewards through a particular promotion through which a User is invited to participate. ShopSimon may, in its sole discretion, from time to time impose a limit on the number of Reward redemptions available to each User per month. If a User has questions or concerns regarding their Reward, they can contact the support team of the Shop PO at onlinesupport@shopsimon.com.
Points and Rewards are issued for promotional purposes only.
TERMINATION
This Rewards Program may be terminated at Shop PO's sole discretion. Notice of termination shall be provided to Users in the manner Shop PO deems reasonable, including but not limited to, posting such notice on the Participating Site, Facebook application or via email.
Points and Rewards may expire, subject to applicable law. Users must redeem and use all Points and Rewards before expiration or the effective date of termination. However, notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of Shop PO, or the Platform Provider.
GENERAL CONDITIONS
All federal, state and local laws and regulations apply. Taxes on Rewards if any, are the User's sole responsibility. Again, Points are not transferable. At no time may a User purchase, sell or barter any Points.
TERMS
By participating in the Rewards Program, Users agree: (a) to be bound by these Terms and by the decisions of Shop PO, which are final on all matters pertaining to this Rewards Program, and (b) to release, indemnify and hold harmless Shop PO and Platform Provider (and their parents, affiliates, subsidiaries, related entities, divisions, distributors, wholesalers, partners, licensees, retailers, sponsors, partnerships, representatives, vendors, contractors, successors, assignees, principals, shareholders, directors, officers, employees and agents, and their advertising, promotion, fulfillment agencies and all other promotional partners) (collectively the "Promotional Partners") from any liability or claims for damages from (i) altered, late, lost, damaged, destroyed, inaccurate, defaced, misdirected, mutilated, illegible, stolen, delayed, garbled, misrouted, incomplete entries or human, telephone, computer, online or technical malfunctions (including busy lines and disconnections), (ii) their participation, (iii) the awarding, acceptance, receipt, use, redemption, misuse, possession, loss or misdirection of any Points or Rewards or preparing for or participation in any related activity or (iv) all damages or injury to persons or property related to use or misuse of the Rewards Program. The Rewards Program is governed by, and these Terms shall be construed and interpreted pursuant to, the laws of the state of the User’s residence.. All federal, state and local laws and regulations apply. Shop PO and all entities involved in conducting this Rewards Program, reserve the right in their sole discretion to limit participation in the Rewards Program, assess varying Point values to Point accruing opportunities, and to terminate or disqualify any User’s involvement in the Rewards Program.
Shop PO and Platform Provider are not responsible for the inability of a User to accept, redeem and/or use Rewards for any reason, including any third-party's terms and conditions and/or the terms of business and operations for a particular entity. Normal Internet access and usage charges imposed by a User's online service shall apply.
DISPUTE RESOLUTION AND ARBITRATION
While Shop PO will make every reasonable effort to resolve any disagreements the User may have with the Shop PO, if these efforts fail, Shop PO and the User agree that all claims, disputes, or controversies arising out of or relating to this Agreement, User’s purchase or use of the Rewards Program, Rewards, Points, communications from Shop PO, and the purchase, sale, and/or redemption of any merchandise, services, and/or vouchers, or the content, display, or disclosure of any information on or in connection with the Rewards Program ("Claims") are subject to the dispute resolution and arbitration process contained in our Shop PO Terms of Use. This includes Claims based on contract, tort (including intentional tort), fraud, agency, User’s or Shop PO’s negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. For purposes of the dispute resolution and arbitration agreement, ”Shop PO” includes its parent, subsidiaries, divisions, or affiliates and their respective officers, directors, employees, agents, or successors.
REWARDS PROGRAM MISCONDUCT
Any attempts by any User to access the Rewards Program via a bot script or other brute-force attack shall result in that User becoming ineligible and forfeiting any and all accrued Points. Any use of automated means, whether programmatic or robotic or the like, to gather Points shall result in a disqualification of the User from the Rewards Program. Shop PO, in its sole discretion, reserves the right to disqualify and terminate participation of any User or other user of the Participating Site for any purpose, including if found to be: (i) tampering with the operation of the Rewards Program or the Participating Site; (ii) acting in violation of the Terms; (iii) violating the Terms of Use of the Participating Site; (iv) acting in an unethical or disruptive manner; (v) acting with intent to annoy, abuse, threaten or harass Shop PO, their representatives or any other User in any manner related to the Rewards Program; (vi) tampering with, altering, or attempting to alter any medium that reflects the amount of Points a User has accrued; (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate the medium that reflects the amount of Points a User has accrued; or (viii) purchasing goods on Participating Site for the purpose of reselling such goods. A User committing any of the foregoing violations shall, at Shop PO's sole discretion, forfeit the Points accrued therefrom.
LIMITATIONS OF LIABILITY. THIS REWARDS PROGRAM AND ALL POINTS AND REWARDS ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Shop PO and Platform Provider are not responsible or liable for: (a) incomplete or incorrect information, garbled transmissions, and telecommunications failures or service interruptions; (b) a User’s use of the Participating Site, Points or Rewards; (c) for typographical, printing or other errors in the offer or administration of the Rewards Program; (d) errors, irregularities or failures in: (i) awarding, accumulating, receiving, redeeming or using Points; (ii) advertising; or (iii) accessing the Rewards Program; (e) mistakes in or changes to the Terms, the selection, notification and announcement of the Points or the distribution of Rewards; (f) any direct or indirect damage(s), loss(es), expense(s) or (g) any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Rewards Program or by any technical or human error which may occur in the processing of submissions in the Rewards Program. Shop PO assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft of or destruction or unauthorized access to, or alteration of, points or point accruing activities. Shop PO is not responsible for any problems, failures or technical malfunction of any online systems, servers or providers, computer equipment, hardware/software, players or browsers, failure of email or points or point accruing activities due to or resulting from technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in this Rewards Program.
MISCELLANEOUS
Unless otherwise indicated in these Terms, by entering and participating in the Rewards Program, the User agrees to Shop PO’s Terms of Use and Privacy Policy located on the Participating Site.
By participating in the Rewards Program, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between User and Shop PO relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between User and Shop PO with respect to such subject matter. These Terms may not be changed, waived or modified except by Shop PO as provided herein or otherwise by written instrument signed by Shop PO. These Terms and/or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by a User except with Shop PO's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Shop PO may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion.
QUESTIONS?
If you have any questions, please contact us at onlinesupport@shopsimon.com