TERMS & CONDITIONS
1. The OctaRewards Program. The OctaRewards Program (the “Rewards Program”) is a customer loyalty rewards program sponsored by OctaPharma Plasma, Inc. (the “Company”) that will allow eligible participants to earn points (the “Points”) which can be redeemed for rewards (the “Rewards”). The Rewards Program will start on _______________ and will continue until terminated by the Company pursuant to these Terms and Conditions (the “Promotion Period”).
2. Eligibility. Participation in the Rewards Program is available to certain individuals (“Participants”) who are (i) 18 years of age or older (or age of majority in their state) as of the date of entry, (ii) legal residents of, and physically located within, the 50 United States or the District of Columbia (the “Territory”), and (iii) who have made a plasma donation at a OctaPharma plasma center (the “OctaPharma Center”) The Rewards Program is offered at the discretion of the Company and participation in the Rewards Program is subject to these Terms and Conditions. All decisions of the Company, or its designated agent, are final and legally binding in all respects. A “Participant” may be an individual or a legal entity.
By participating in the Rewards Program, each Participant represents and warrants that (i) the Participant has read, understands and unconditionally accepts these Terms and Conditions, as they may be amended from time to time without notice to the Participant,and (ii) the Participant meets each of the eligibility requirements set forth in these Terms and Conditions.
3. Enrollment. Each Participant is automatically enrolled in the Rewards Program after making a plasma donation at an OctaPharma Center and the Participant will begin earning points (“Points”) for Rewards. Participants must download the OctaApp (the “App”) in the Apple Store or Google Play to access Rewards and other terms of the Rewards Program. After a Participant has completed seven (7) plasma donations at an OctaPharma Center, the OctaRewards Portal on the App will be unlocked and the Rewards page and redemption of Points will be available. Each Participant is responsible for the accuracy of the registration data provided to the Company.
For the protection and security of a Participant’s Account, login information and password should not be shared with third parties. Each Participant is responsible for maintaining the confidentiality of the Participant’s password and Account and is solely and fully responsible for all activities (whether conducted by a Participant or by others) that occur using Participant’s password or Account. Each Participant agrees to notify the Company immediately of any unauthorized use of a password or Account or of any other breach of security. The Company is not be liable for any loss or damage arising from a Participant’s failure to protect the Participant’s password or Account information or failure to notify the Company of any other security breach.
4. Points. Participants can earn Points and achieve status tiers by making plasma donations, and participating in other activities that may be listed on the App from time to time (each a “Point Activity”) as more fully described on the App. Points will be awarded within one (1) week of participation in a Point Activity. The number of Points earned for each Point Activity is set forth on the App and are uniformly applied to all Participants. The number of Points awarded for each Point Activity is subject to change at any time. There is not a limit on the number of Points that can be earned. Points will “roll over” or may be used in future years subject to these Terms and Conditions. Except as set forth in these Terms and Conditions, Points earned during the Rewards Program do not expire. Should a Participant opt out of participation in the Rewards Program, the Participant immediately forfeits all unredeemed Points and the rights to Rewards.
5. Restrictions and Limitations on Points. Points may not be purchased, have no cash value and may not be redeemed for cash or credit. Except as otherwise provided in these Terms and Conditions, the receipt and redemption of Points and related Rewards cannot be combined with any other offer or discount. If Points are incorrectly credited to an Account due to a programming error or otherwise, the Company reserves the right to adjust or reverse such a transaction. Points are not owned, may not be assigned, sold, bartered, traded, exchanged, given away or otherwise transferred, (by contract, death, divorce or operation of law or otherwise). The Company reserves the right to revoke and/or not honor any Points that have been transferred or sold and/or to terminate a Participant’s participation in the Rewards Program. In addition, the Company may take any legal action as it deems necessary in its sole discretion if the Company suspects that a Participant is transferring or selling Points.
6. Point Redemption. A Participant’s accumulation of Points will be recorded in the Participant’s account on the App. Points currently may be redeemed for Rewards e-gift cards listed on the App. The types of Rewards can be changed at any time without notice. Rewards will have a Point value assigned to them on the App at the time of redemption. Rewards can only be obtained by using Points. The availability of certain Rewards cannot be guaranteed even if the requisite number of Points are earned. The types of Rewards available for redemption are subject to change without notice. To receive a Reward, a Participant must have a sufficient number of Points in the Participant’s account on the App. Points will be subtracted from a Participant’s account once the Reward is redeemed. Shipping, handling and sales taxes are included in the cost of the Reward. The Company reserves the right, in its sole discretion, to modify the type and the number of Rewards available for redemption as well as their corresponding Point value at any time during the Promotion Period without notice in its sole discretion. Participants may not pool, transfer or combine Rewards. Rewards are not redeemable for cash or transferable. No Reward substitutions are allowed.
To redeem Points, click the link on the App and follow the instructions to complete the redemption transaction. Rewards may be fulfilled by third party suppliers and/or fulfillment partner(s). When the availability of the Rewards selected by a Participant is confirmed, the Participant will receive the gift cards emailed to the address of the donor record on file. If other Rewards are offered, then the App will address their delivery. All redemptions for Rewards are final.
The Company assumes no responsibility and is not liable for any loss, damage, defect, injury, death or expense relating to the redemption, receipt or use of any Reward claimed by a Participant. Participant further acknowledges that Rewards may come from third party suppliers and that the Company is not responsible for the quality of goods and/or services of any Reward or the timely delivery of Rewards. The Company is not responsible for any mail, shipment or handling errors in connection with the delivery of Rewards. Each Participant understands that by redeeming Points, the Participant’s personal information may be shared with third party suppliers for fulfillment purposes.
Any promotional card that constitutes a Reward generally means prefunded bank card, a gift card, an electronic gift card, a store card, a gift certificate or similar instrument. Promotional cards are subject to the terms of use, applicable conditions and restrictions, including any expiration dates, promulgated by the issuer of card. Promotional cards are not transferable, redeemable for cash or exchangeable for any other Reward. Redemption of a promotional card will be subject to the standard terms, conditions and restrictions applicable to the participating issuer in effect on the day of issuance of the promotional card.
7. Changes to the Rewards Program. The Company reserves the right to alter or modify the Rewards Program and these Terms and Conditions at any time, at its sole discretion, without prior notice, including, without limitation, the right to add, modify, cancel, delete or otherwise change (i) the number or value of Points assigned to any Point Activity, (ii) the duration of the Promotion Period, (iii) the list of eligible Point Activities, and (iv) the type of Rewards offered, the availability of any Reward, and/or the amount of Points assigned to a Reward. Without limiting the foregoing, such modifications may (A) govern, limit or restrict a Participant’s use of Points earned on or after the date of modification, and/or (B) change the value of already accumulated Points or other benefits. Changes to the Rewards Program and these Terms and Conditions will be posted on the App. A Participant’s continued participation in the Rewards Program following any such changes constitutes the Participant’s acceptance of such changes. Participants are responsible for remaining knowledgeable as to the terms of the Terms and Conditions, as amended from time to time.
8. Suspension or Termination of the Rewards Program. The Company reserves the right to suspend or terminate the Rewards Program (or any part thereof) at any time, for any reason, in its sole discretion, upon 30 days’ notice given on the App, even though suspension or termination may affect a Participant’s ability to accrue or use Points and/or redeem Rewards. Points (and all related rights to Rewards) not redeemed upon termination of the Rewards Program will expire and be forfeited. The Company may terminate, void or cancel the Rewards Program if any Points are issued, received, submitted for redemption, or redeemed illegally, or through fraud, theft or in contravention of the Terms and Conditions, or in the event that any virus, bugs, non-authorized human intervention or other causes beyond the control of the Company corrupts or impairs the security of the App or Rewards Program, including, but not limited to, an attempt by any person to hack into or otherwise tamper with underlying source code or any part of the App.
9. Termination of Participant’s Participation. The Company reserves the right to audit any Account at any time and, in its sole discretion, and to discontinue participation in the Rewards Program (i) for any Participant who acts or is reasonably suspected of acting in any manner which is inconsistent with or violates these Terms and Conditions or is in violation of federal, state or local laws, statutes or ordinances, or (ii) if there are reasonable grounds for suspecting fraud, theft, or dishonesty in connection with the Rewards Program, as determined by the Company in its sole discretion. Such discontinued participation may result in the loss, revocation and/or cancellation of any Reward redeemed but not yet received and any remaining Points. The Company shall also have the right to take appropriate administrative and/or legal or equitable action available under applicable law, as it deems necessary in its sole discretion.
10. Indemnification. Each Participant shall indemnify and hold harmless the Company and its subsidiaries, and each of their respective owners, officers, directors, employees, representatives and agents (collectively, the “Released Parties”) against any liability for any injuries, losses, claims, losses, damages, costs or expenses of any kind or nature to persons, including personal injury or death, or property, arising in whole or in part, directly or indirectly (i) from participation in the Rewards Program or Point Activities, (ii) acceptance, possession, misuse or use, or failure or inability to use Points or Rewards, or (iii) any actual or alleged violation or breach by a Participant of these Terms and Conditions or applicable law. Each Participant releases the Released Parties from any and all liability, known or unknown, fixed or contingent, for any loss, harm, damages, costs or expenses of any nature, including, without limitation, personal property and personal injury damages arising out of participation in the Rewards Program and for all claims based on rights of publicity, personality, privacy or loss of enjoyment, moral rights, slander, libel or defamation, infringement of trademark, copyright or other intellectual property rights. Under no circumstances will a Participant be permitted to obtain awards for, and each Participant hereby waives all rights to claim, any punitive, indirect, incidental, consequential, exemplary, or any other damages, other than for actual out-of-pocket expenses. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will a Participant be entitled to receive attorneys’ fees or court costs. All causes of action arising out of or connected with the Rewards Program shall be resolved individually, without resort to any form of class action. Failure to enforce any terms of these Terms and Conditions shall not constitute a waiver of any provision. This section of the Terms and Conditions will survive termination of Participant’s participation in the Rewards Program.
11. Disclaimer of Warranty. The Rewards Program is offered “as is” and “as available”. No Released Party makes any representation or warranty, express or implied, with respect to the Rewards Program and related Rewards, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. The Company does not warrant the timely delivery of Points or Rewards.
12. Limitation of Liability. Each Participant agrees that the Released Parties will not be responsible for (i) incorrect or inaccurate transcription, registration or transmission of a Participant’s contact information, (ii) access delays or interruptions to Rewards Program or any Point or Reward, (iii) any human error, (iv) interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, cellular towers or equipment, computer systems or equipment, or other connections, availability or accessibility problems; (v) failed, jumbled, delayed, or misdirected computer, telephone or cable transmissions; (vi) any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error or inaccuracy or omission in the offering or announcement or content of the Rewards Program or any Points or Rewards; (vii) the incorrect or inaccurate capture of information, or the failure to capture any information or data non-delivery; or (viii) viruses or bugs or other problems, malfunctions of any computer systems, equipment or software, the failure of e-mail on account of technical problems or traffic congestion on the Internet, on the website or at any website or combination thereof, including, problems, injury or damage to a Participant’s or to any other person’s or entity’s computer system or cellular phone related to or resulting from accessing the Rewards Program, downloading any materials or participating in the Rewards Program. Released Parties are not responsible if any Points cannot be used or redeemed, Points Activities cannot be conducted or Rewards are not available or cannot be used.
13. Taxes. Participants will bear the cost of any tax liabilities including income, sales, use, withholding and other taxes (and the reporting thereof) imposed as a result of the award of a Point or redemption for a Reward. It is the Participant’s responsibility to understand and abide by any federal, state, local or foreign tax laws that may apply to receipt of a Reward. Participants may be required to complete certain Internal Revenue Service tax information reporting forms before or upon receipt of a Reward.
14. Use of Information. By participating in the Rewards Program, each Participant consents to and gives the Company and any other party authorized by the Company the unrestricted, absolute, perpetual, worldwide right and license, but not the obligation, (i) to use a Participant’s name, address, photograph, likeness, voice, biographical and personal background information and statements and any notes, photograph, film, or video or audio tape that may be taken of the Participant or of such materials in connection with a Participant receiving or using a Point or Reward (the foregoing, collectively, the “Likeness”), without further compensation, consideration, review, approval or notice to the Participant or to any third party and (ii) to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Likeness or any part thereof, whether alone or in combination with other materials (including, but not limited to, text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with any of the Company’s (or its designee’s) advertising, publicity, trade, or promotions, activities or materials for an unlimited number of times, except where prohibited by law. Each Participant further releases the Company from any liability or obligation that may arise as a result of the use of the Likeness, including, without limitation, claims for invasion of privacy, infringement of Participant’s right of publicity, and defamation (including libel and slander). Each Participant understands that the entire compensation for use of the Likeness is receipt of the Reward from the Company, and each Participant waives any right to residual income, royalties and any other income payment or any other benefit, which might otherwise accrue from the use of the Likeness.
15. Intellectual Property. All trademarks, copyright and other intellectual property used in connection with the Rewards Program (including words, names, logos, graphics, images, official colors, fonts and uniforms used to identify the Company or the Rewards Program) are the exclusive intellectual property, registered or otherwise, of, or used under license by, the Company, or of one of its affiliates. All are recognized as valuable assets of their respective owners and may not be displayed or used by a Participant in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of the Company.
16. Disputes/Choice of Law. (i) This Rewards Program shall be governed by the internal laws of the state of North Carolina, without regard to its conflicts of laws, rules or policies. Except as expressly set forth herein, the Company and each Participant agree that any dispute, claim or controversy arising from or relating to these Terms and Conditions or participation in the Rewards Program shall be resolved in federal and state courts located in Charlotte, North Carolina.
17. Privacy Policy. By participating in the Rewards Program, each Participant acknowledges and consents to the Company collecting personal information from Participants, including, but not limited to, purchases made in connection with the Rewards Program. Such information will be used and disclosed by the Company in accordance with the Company’s privacy policy [(insert Privacy Policy hyperlink)]. Without limiting the foregoing, the Company will use and retain personal information to (a) provide goods and services, (b) protect against deceptive and fraudulent activity; (c) enable internal uses that are consistent with the Privacy Policy; and (d) comply with a legal obligation. The Privacy Policy provides information on how the Company collects, uses and shares personal information and Participants’ rights regarding their personal information.
18. Entire Agreement. These Terms and Conditions constitute the entire understanding between the Company and each Participant with respect to the Rewards Program and supersede any and all prior communications, whether written or oral.
19. No Waiver. The Company’s waiver of any breach of these Terms and Conditions shall not constitute a waiver of any other prior or subsequent breach of these Terms and Conditions. The Company’s failure to insist upon strict compliance with these Terms and Conditions shall not be deemed a waiver of any rights that it may have against any Participant in the Rewards Program.
20. Severability. If any provisions of these Terms and Conditions are determined to be invalid or unenforceable, the remaining provisions of these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
21. Force Majeure. Neither the Company nor the Promotional Entities are responsible or liable to any Participant, or any person claiming through such Participant, for the inability to enter or participate in the Rewards Program, or for failure to supply or the inability to accept or use the Reward, or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Company’s or a Promotion Entities’ control.
The Company. OctaPharma Plasma, Inc. 10644 Westlake Drive, Charlotte, NC 28273.
