OBX Insiders Rewards Program: Terms and Conditions of Participation
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE OBX INSIDERS REWARDS PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM. THESE TERMS AND CONDITIONS MAY BE AMENDED OR MODIFIED AT ANY TIME, IN THE SOLE DISCRETION OF NAGS HEAD HAMMOCKS.
1. Membership Eligibility and Overview
1.1. The OBX Insiders Rewards Program (the “Program”) is offered at the sole discretion of Nags Head (“Nags Head Hammocks,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account or to allow a member to the Program for any reason whatsoever in our sole discretion. Employees of Nags Head Hammocks and individuals employed by our business partners or vendors are eligible for membership in the Program for personal use only but may be excluded from certain benefits of the Program, in our sole discretion.
2. Program Enrollment
2.1 Eligible individuals may only enroll in the Program by visiting nagsheadhammocks.com (the “Site”) and following the Program prompts to register for the Program.
2.2. You are required to provide your email address in order to enroll in the Program. You will also need to create an account by providing your name and creating a password in order to access certain Program benefits and rewards. You may also have the opportunity to provide us with your mailing address, birth date and mobile phone number, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
- 2.3. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Program Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
3. How the Program Works
- 3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and for participating in certain brand experiences on the Site. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you reach a certain loyalty tier and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier and/or number of points, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points.
- 3.2. For your purchase to qualify for the Program, you must be enrolled in the Program and (a) be signed into your online account at the time of purchase on the Site; or (b) provide your Program member identification (that is, the email address you registered under the Program) when submitting your qualifying receipt(s) from a qualifying retailer within thirty (30) days of the date of purchase.
- 3.2.1. Members receive 1 point for every 1 Dollar (USD $1) spent on eligible purchases at the Site and 1 point for every 1 Dollar (USD $1) spent (excluding sales tax) on eligible Nags Head Hammock products purchased in store or online. Eligible purchases include regular priced merchandise and exclude eGift Cards, applicable taxes, discounts, shipping and delivery charges, and/or other excluded charges specified by us from time-to-time. All points earned from purchases on the Site are pending until your order ships, at which point they are fully matured and capable of redemption.
- 3.2.2. Qualifying purchases made in our stores are eligible for the Program, only if receipts from such purchases are submitted within thirty (30) days of the date of purchase by: (a) uploading a clear image of the receipt or invoice from within your Program account on the Site; or (b) emailing a clear image of the receipt or forwarding the website order confirmation to email@example.com. You must provide your Program member identification (that is, the email address you registered under the Program) when submitting your qualifying receipt(s). For more details on how to submit receipts, please send an email to firstname.lastname@example.org. A list of qualifying retailers can be found here.
- 3.2.3. In addition to these purchases, you may also earn points for the following actions on the Site. To earn points, you must be a Program member and be logged into your Program account before completing the actions below. The number of points, if any, awarded for each action is determined by Nags Head Hammocks in its sole but reasonable discretion and in all cases subject to a maximum number of points earned for each action per year.
• Enrolling in the Program
• Product Reviews
• Product Reviews with Video
• Social Media Reviews
• Following Social Media Accounts: Instagram and Facebook
• Earn bonus points for purchases made on the Site during exclusive Item of the Month events
- 3.3. Members will not receive points or earn benefits from purchases made at Yard Sales or similar events. Purchases made outside our 3 retail locations and websites are not eligible.
3.4. Points are valid for the life of the account.
This website contains material that is owned by or is licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics found here. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in the pages of this website that are not the property of, or licensed to, the owner are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. Our including such links does not signify that we endorse those websites. We have no responsibility for the content of any linked website(s).
- Your use of this website and any dispute arising out of such use is subject to the laws of North Carolina and the United States of America.
- This website contains material that is owned by or is licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics found here. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
4. Program Benefits and Rewards
4.1. As a member, you earn points that determine your points benefits plus tier levels and tier benefits. To redeem offers and rewards, you must have accumulated the minimum number of points as established by us for a particular benefit. Some product rewards may only be available in our retail stores only. Points may never be exchanged for cash. You must be logged in to your Program account to use your benefits. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account. Qualifying members will receive email invitations when event rewards are available if they have not opted-out of receiving Program emails.
- 4.2. Offers and rewards are available while supplies last and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem your accumulated rewards and/or benefits. We are unable to reship offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Nags Head Hammocks at email@example.com or by calling (252) 295-0405.
- 4.3. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the member paying for the products may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) are confidential and may not be shared with any other person.
- 4.4. Rewards, benefits and/or points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Program Terms. The sale, barter, transfer, or assignment of any rewards, benefits, or points offered through the Program, other than by us, is expressly prohibited.
- 4.5. Rewards cannot be exchanged or returned for points, another product, or a monetary refund.
- 4.6. The products and services available through the Program and any rewards that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Program Terms.
- 4.7. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.
- 4.8. We reserve the right to change Program benefits, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
- 4.9. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Nags Head Hammocks Customer Service at firstname.lastname@example.org or by calling (252) 295-0405. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
- 4.10. Rewards can only be redeemed on the Site or in one of our 3 retail locations, unless otherwise noted by Nags Head Hammocks.
5. Marketing Communications
- 5.1. By enrolling in the Program, you will automatically receive Program-related emails, including Program marketing emails and information about your OBX Insiders Rewards Program account, rewards and benefits. We may also give you the option to opt-in to receive other marketing communications from Nags Head Hammocks at the time of enrollment.
6. Termination and Modification
- 6.1. The Program and its benefits are offered at our sole discretion. Except where prohibited by law, we may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
- 6.2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow any Program Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Program Terms, we also have the right to take appropriate legal action, in our sole discretion.
- 6.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on the Site or by calling (252) 295-0405. If you cancel your membership, you will lose all accumulated points and benefits, and your tier status will automatically expire.
7. Disclaimer of Warranties; Limitation of Liability
- 7.1. THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
- 7.2. NEITHER NAGS HEAD HAMMOCKS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS, BENEFITS, OR POINTS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
- 7.3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NAGS HEAD HAMMOCKS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT DEFECTS OR ERRORS WILL BE CORRECTED.
- 7.4. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NAGS HEAD HAMMOCKS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
- 7.5. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
- You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensor's, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program or your breach of any of these Program Terms.
9. Governing Law and Disputes
- Unless that laws of your jurisdiction require that those laws apply, this Program and these Terms will be governed by and construed under the substantive laws of the state of North Carolina, and the United States of America applicable therein.
11. Contact Us
- For information about the Program and your membership, contact Nags Head Hammocks Customer Service at (252) 295-0405 or via email at email@example.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.