TERMS AND CONDITIONS (the “Terms”)
YOU MUST ACCEPT THESE TERMS TO BECOME A MEMBER OF THE SHINYBUDDY CLUB LOYALTY PROGRAM (the “Program”). PLEASE READ THE FOLLOWING TERMS CAREFULLY TO UNDERSTAND THE PROGRAM. SHINY BUD INC. RESERVES THE RIGHT TO CHANGE, MODIFY OR ALTER THESE TERMS FROM TIME TO TIME IN ITS SOLE DISCRETION.
ELIGIBILITY & ENROLLMENT
1. The Program is offered by Shiny Bud Inc. (“Shiny Bud”) and administered by Shiny Bud and participating Shiny Bud-branded retail stores (each a “Participating Store” and collectively the “Participating Stores”, and together with Shiny Bud, the “Program Entities”). Shiny Bud does not owe any liability to any Member (as defined below) in connection with any matter relating to this Program.
2. Membership is open to individual customers of the Shiny Bud website and Participating Stores who (a) are legal residents of the Province of Ontario, and (b) are nineteen (19) years of age or older.
3. By participating in the Program, each Member agrees (a) to be bound by these Terms and any interpretation thereof by Shiny Bud, and (b) to release and hold the Program Entities harmless.
4. Eligible customers of the Shiny Bud website and Participating Stores, who sign up to become a member of the Program and are not otherwise prohibited from becoming a member, may become a member of the Program (each a “Member” and collectively, “Members”).
SHINYBUDDY CLUB LOYALTY PROGRAM DETAILS
5. POINT ACCRUAL: NO PURCHASE NECESSARY. Members will accrue 50 points per visit to a Participating Store. Maximum 1 visit to any Participating Store per day. Accrued points can be viewed in Members’ digital wallets which can be accessed from their welcome email. The accrual of points is not in any way conditional upon the purchase of any products from ShinyBud stores.
Members are also eligible for the following special accruals at Participating Stores as follows:
i. fifty (50) points for referring a friend to join the ShinyBuddy Club, awarded after such individual enrolls in the Program;
ii. fifty (50) points for one (1) visit to a Participating Store on the Member’s birthday; and
iii. other such point earning opportunities that Shiny Bud may introduce over time by amending these Terms, but in no case will points accrue as a result of purchases.
i. Each point accrued is redeemable at $0.01.
ii. Points may take up to twenty-four (24) hours to appear in a Member’s digital wallet.
iii. Points are redeemable for a Shiny Bud Gift Card (defined below) of corresponding value.
iv. Shiny Bud gift cards are electronic gift cards that can be used to purchase products from the Shiny Bud website or any Participating Store once activated (“Shiny Bud Gift Card”).
v. Members who accrue a certain number of points are eligible to redeem their points to obtain a Shiny Bud Gift Card in the dollar amounts provided below:
|Number of Points||Eligible Gift Card Amount|
vi. Shiny Bud Gift Cards will be delivered to the Member via the email on such Member’s account at least one (1) hour after each Shiny Bud Gift Card has been activated on the Shiny Bud website, or at a Participating Store.
vii. Shiny Bud Gift Cards that have been obtained by Members under the Program are not transferable.
7. EXCLUSIVE PRICING: Members may receive exclusive pricing on select products, as determined from time to time, by the Program Entities. Members will be notified of such exclusive offers by email, in Participating Stores or on the Shiny Bud website.
8. SPECIAL PERKS AND PROGRAMS: Members may be eligible to receive special perks and programs offered by the Program Entities. Members will be notified of such special offerings by email, in Participating Stores or on the Shiny Bud website.
Points will expire after one hundred eighty (180) days of inactivity by the Member, namely if there are no points accrued and no points redeemed for a consecutive one hundred eighty (180) day period. Members will be notified in advance of their points expiring.
Members can earn points with each visit to a Participating Stores, up to a maximum of one (1) aggregate visits per day.
Points accrued under the Program are not transferable.
COMMUNICATIONS & CANCELLATION
10. To receive marketing communications about the Program from Shiny Bud, Members must opt-in for both email and SMS marketing when becoming a member of the Program. Members that provided their residential address to Shiny Bud upon enrollment in the Program, may also receive printed material.
11. Members can email firstname.lastname@example.org if they wish to terminate their membership and no longer wish to receive any communications about the Program from Shiny Bud.
12. By becoming a member, you hereby (i) acknowledge compliance with these Terms including all eligibility requirements and (ii) agree to be bound by any decisions, changes or modifications of Shiny Bud, made in its sole discretion, which shall be final and binding in all matters relating to the Program. Members who do not comply with these Terms or become ineligible in accordance with these Terms, will not be permitted to accrue or redeem points, will not be able to participate in the Program, and Shiny Bud may, in its sole discretion, cancel Members’ membership.
13. Shiny Bud is not responsible for late, lost or misdirected points or Shiny Bud Gift Cards. Shiny Bud assumes no responsibility for computer system, hardware, software or program malfunctions or other errors/failures of any kind, delayed computer transmissions, network connections, or damages to Members’ computers arising out of the participation of their membership in the Program. Shiny Bud reserves the right to cancel the membership of any Member if, in the sole discretion of ShinyBud, it determines or suspects that the Member has attempted to undermine the legitimate administration of the Program by hacking, deception, or other fraudulent, deceptive or unfair practices.
14. By becoming a member, Members agree: (a) to release the Program Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to the Member participating in the Program or the accrual, redemption, awarding, receipt, possession, and/or use or misuse of any points or redemption practices; (b) that under no circumstances will Members be permitted to obtain awards for, and Members hereby waive all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or in connection with this Program, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs.
15. The Program Entities do not warrant that access to the Members’ digital wallet, points or the Shiny Bud Gift Card under this Program will be uninterrupted. The Program Entities are not responsible for any problems that may arise, including but not limited to (a) any errors of any kind relating to or in connection with the Program, whether human, mechanical, clerical, electronic, or technical in nature; or (b) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Program. Shiny Bud reserves the right to cancel, terminate or suspend the Program, at its sole discretion, in the event of any occurrence beyond the reasonable control of Shiny Bud that adversely affects the administration, security or other operation of the Program.
16. Any attempt by a Member or other individual, to deliberately undermine the legitimate operation of this Program, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Shiny Bud reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. A Member engaging in any of the foregoing activities may be prohibited from accruing and redeeming points and will forfeit any points accrued or redeemed.
17. In the event of any conflict with any Program details contained in these Terms and the Program details contained in promotion materials (including but not limited to point of sale, radio, and print advertising, promotional packaging, and other promotion media), the details of the Program as set forth in these Terms shall prevail.
18. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of Members and Shiny Bud in connection with the Program, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to Ontario conflicts of law principles. All Members irrevocably consent and attorn to the jurisdiction and venue of the Province of Ontario.
19. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
21. We may revise these Terms from time to time, in our discretion. Should we update these Terms, updated versions of these Terms will be emailed to you and posted to our website. You should review these Terms periodically, so that you can be up to date on our most recent loyalty program terms.