The following governs your participation in the Program. If you do not agree to be bound by these Terms and Conditions (“Terms”), do not participate in the Program.
You must read, agree with and accept all of the provisions contained in these Terms before participating in the Program.
Overview of Program
This is a customer appreciation program sponsored by Hole Products (“Hole Products”) through which our customers can earn points ("Points") by purchasing goods from Hole Products.
At the end of each applicable term, you can redeem these Points for various merchandise featured in Program fliers and on the website located at www.holeproducts.com(the "Website"). The most up to date merchandise list will be available on the website and will supersede all other merchandise lists.
In order to redeem Points, the customer must spend at least $10,000 on Hole products during the applicable calendar year term. Except in the case of 2010 calendar year, when customers must spend $5,000 from July 1, 2010 to December 31, 2010 to be eligible to redeem points.
Participation in the Program
Start Date: Enrollment in the Program shall begin July 1, 2010. No points will be earned on purchases prior to July 1, 2010 or enrollment form completion. Enrollment forms received before August 1, 2010 will begin earning rewards points affect July 1, 2010. Forms received after August 1, 2010 will begin earning rewards points on the date in which the enrollment form is received by Hole Products.
The Program is open to U.S. business entities which purchase products from Hole Products. Each Participant shall designate an individual to act on its behalf in regard to the Program. Only individuals eighteen (18) years of age or older who can legally bind the Participant are eligible to participate. In order to participate, the Participant must fill out an official enrollment form received from Hole Products personnel or the Website and submit it to Hole Products as directed in the form. Enrollment requires e-mail address, name, company name, mailing address, telephone number, and possibly additional information.
Participation in the Program constitutes each Participant's full and unconditional agreement to these Terms. Participants who do not comply with these Terms may be prohibited from participating in the Program.
Any information collected from you in connection with the Program will be used as needed to facilitate your participation in the Program. Such information will not be sold or otherwise shared with third parties, except to the extent required to facilitate the Program and to disseminate any future Hole Products promotional materials.
By participating in the Program, you agree to receive promotional information from Hole Products until such time that you write Hole Products requesting not to receive such materials.
Hole Products is not liable or responsible in any manner for any tax consequences which may result from a Participant’s participation in the Program. Each Participant is solely responsible for the payment of all taxes payable and benefits acquired as a result of such participation and earning, conversion, holding and/or use of Points and for all applicable filing and reporting obligations.
By participating in the Program, you agree that receipt of Points or merchandise will not cause you to violate any laws, orders, rules and regulations applicable to your business, including any internal rules or guidelines.
Modification and Termination of the Program
Hole Products may modify any of the terms and conditions governing the Program, including, but not limited to, the methods through which Points can be earned, how Points can be used, the value of Points, the merchandise offered, the conversion rates between Points and merchandise, and the conditions under which Points may be forfeited - at any time, with or without notice, even though these changes may affect a Participant's ability to use the Points that he/she has already earned.
The Program has no predetermined termination date and may continue until such time that Hole Products decides to terminate the Program. Hole Products may terminate the Program at any time, with notice via email to the Participant's email address currently on file with Hole Products. Upon termination, Participant’s may or may not have a designated period of time from the date of Program termination to use accrued Points. Otherwise, any Points remaining in a Participant's account at time of termination will be forfeited and no compensation will be provided.
A Participant's continued participation in the Program constitutes acceptance of any changes to these Terms. Participants are responsible for remaining knowledgeable as to any changes that Hole Products may make to these Terms. The most current version of these Terms will be available on the Website and will supersede all previous versions of the Terms.
Earning and Converting Points
Participants can earn Points by purchasing qualifying Hole Products purchases. “Qualifying purchases” may exclude discounted products, sale products, and other products as listed on the Website. Participants are responsible for verifying that purchases are qualifying purchases prior to making a purchase.
For every $1,000 in total sales you spend on qualifying purchases, you receive 15 Points. Points earned by a Participant will automatically be deposited in your Points account. Points will begin to accrue immediately following the processing of your enrollment form. Purchases made prior to your enrollment in the Program will not be eligible.
Any Points awarded for the purchase of products which are subsequently returned shall be deducted from your account total.
Points accrue on all sales between January 1 – December 31 of the applicable calendar year. Such purchases shall be deemed made on the date the purchase is invoiced by Hole Products’ finance department, rather than the actual date of purchase.
Redeeming Points
No Points may be redeemed by Participant, unless Participant has accrued at least 150 Points during the applicable calendar year, which requires qualifying purchases in an amount of $10,000. (See note in section B.1 for exception in calendar year 2010)
Points may be redeemed for merchandise between January 1 and February 15 of the year following the Points accrual year. Points not redeemed by February 15 of the applicable year shall be forfeited and no compensation will be provided. Under no circumstances may Points be carried over from one calendar year to the next.
Following the end of the applicable calendar year, Hole Products shall send Participant a mailing outlining the Points total, the merchandise available, and the specific procedures required to redeem Points for Merchandise.
Once you purchase merchandise, it is not returnable for a Points refund. Any defects or issues with the merchandise shall be the responsibility of the manufacturer, and the Participant must contact the manufacturer for all complaints and disputes. Hole Products has absolutely no responsibility for the quality or the condition of the merchandise.
General Terms and Conditions
ACCRUED POINTS DO NOT CONSTITUTE PROPERTY OF A PARTICIPANT AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS ARE CREDITS THAT HOLE MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS MAY NOT BE EXCHANGED FOR CASH, ASSIGNED, BARTERED, OR TRANSFERRED, EXCEPT AS SET FORTH HEREIN.
Each Participant is responsible for ensuring that the information in its account is accurate and is kept current.
Hole Products reserves the right to terminate the Points account of any Member who uses the Program in a manner inconsistent with these Terms or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines, or ordinances, which may result in the loss of all earned Points, benefits, and privileges.
Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Hole reserves the right to seek damages from any such person to the fullest extent permitted by law. Hole Products' failure to enforce any of these Terms shall not constitute a waiver of that, or any other, provision.
All questions or disputes regarding eligibility for the Program, the earning, use, or conversion of Points, or a Participant's compliance with these Terms will be resolved by Hole Products in its sole discretion. Hole Products reserves the right to refuse redemption of points to Participants who are not current in their payment terms with Hole Products.
Limitation of Liability
By participating in the Program, each Participant accepts all responsibility for, and hereby indemnifies and holds harmless Hole Products and its respective officers, directors, employees, shareholders, agents, and successors, and assigns (the "Released Parties"), from and against any claims that may arise from actions taken by such Participant, participation in the Program, acceptance or use of any merchandise, misuse of Program by Participant or others, and any unauthorized access to Participant’s account by a third party.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A PARTICIPANT PROVES THAT HOLE PRODUCTS HAS IMPROPERLY DENIED THAT PARTICIPANT ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT".
These Terms are governed by and interpreted under the laws of the state of Wisconsin with venue and jurisdiction in Wisconsin. Participants specifically agree to personal jurisdiction in Wisconsin.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect. The Program is void where prohibited or restricted by law.
