The Traveling Sportsman™ Outdoor Rewards Club
OFFICIAL RULES
(Last Revised: July 1, 2008 )
Welcome to the The Traveling Sportsman™ Outdoor
Rewards Club (the “Program”) developed and sponsored by Gage Outdoor
Expeditions and Great White North Wilderness Resorts (collectively “Sponsor”),
offering great benefits to eligible customers of Sponsor and their
participating lodges.
Participation in the Program, is subject to these Terms and Conditions
(including prospective amendments in Sponsor’s sole discretion, "Terms and
Conditions" or "Agreement" hereinafter) and to the decisions and
interpretations of Sponsor, including through its official Program
administrator, Gage Marketing Group (“Gage”), which is final and binding in all
respects. You agree to review these Terms and Conditions regularly and that you
shall be bound by any modifications made by Sponsor and posted on the Program
Website (http://www.outdoorrewardsclub.com).
By participating in the Program, you also agree to accept the terms of the
Sponsor Online Privacy Policy.
DEFINITION OF TERMS:
Eligibility - Personal criteria that must be met
in order to qualify for participation as a Member in the Program, as specified
in these Terms and Conditions and on the Program Website.
Expiration Status - A formerly eligible, registered and participating
Member in the Program who for thirty-six consecutive months starting January
1st of the year following the last booking has not made a Qualifying Purchase
or Qualifying Minor Purchase, whereupon such Member will be deemed to have
reached “Expired Inactive” by the Sponsor and its Program administrators.
Registration and Enrollment - The act of an eligible and
prospective Member being registered and enrolled and
maintaining information requested, as specified on the Program Website (http://www.outdoorrewardsclub.com).
Your registration, enrollment and continuing participation in the Program as a
Member signifies your agreement to the Terms and Conditions.
Member - A person who meets the eligibility
criteria to be a Program Member who abides by the Member Agreement Terms and
Conditions of the Program and who has been registered, enrolled and remains
active in the Program.
Participating Lodge - The lodges participating in this program
are as follows: ("Participating Gage Lodges") 1) Pintail Lodge; 2) Thunderstik
Lodge; 3) Rooster Ridge Lodge; ("Participating Great North Wilderness Resorts")
4) Slippery Winds Wilderness Resort; 5) Minor Bay Lodge; and 6) Kaskattama
Goose Lodge.
Points - Points are non-transferable Program measurement units
which, upon validation, may subsequently be redeemed in exchange for Program
reward options in the form of eligible Discounts on future qualifying patronage
of a Participating Lodge, as specified herein or on the Website. Points are
earned by individual active Members who enroll or are enrolled in the Program
and then book, purchase (“Qualifying Purchase”) and complete a packaged trip at
a Participating Lodge. Points may be accumulated, credited, retained and used
for redemption by Members upon a Member's taking a specific action or actions
expressly stated in these Terms and Conditions, on the Website or in official
Program communication media authorized by Sponsor. Sponsor reserves the right,
at any time, to review the validity of a Member’s existing, accruing, tendered
or post-redemption Points for compliance with these Terms and Conditions, the
actions by which Points have been earned, and of the Program and official
Program communication media.
Program - The promotional offering that is described in these
Terms and Conditions in which an eligible person can take part in if he/she is
registered, enrolled, activated, participates and abides by the Member
Agreement Terms and Conditions of said promotional offering. The Member can
redeem Points earned for reward options.
Term – The Program will be offered to eligible persons from
January 23, 2006 until the Program is terminated. Sponsor reserves the right to
terminate the program after providing members with thirty (30) days notice of
its termination. Any such notice will be provided via Website.
Redeem - The act in which a Member of the Program tenders
sufficient and validly earned Points in the Program for program reward options
as specified on the Website.
Discount - Reduction of a net base trip purchase price that a
Member may obtain by redeeming validly earned Points, as specified herein or on
the Website.
Account – A database maintained by Sponsor in which an
individual Member’s unique registration and password data are associated with
Program Points which are earned and credited and/or debited to an individual
Member’s unique account, based on a Member’s Program-related activities in
regard to Program Points pursuant to these Terms and Conditions.
MEMBERSHIP OVERVIEW:
Membership in the Program is limited to individual persons who are at least 18
years of age, who are currently registered, activated, enrolled and in good
standing in the Program. Members must be lawfully identifiable human beings; no
fictitious or alias names and no machines, scripts or automated services may be
used for purposes of participation in the Program. Travel agents and/or booking
agents are not eligible to participate in the Program. In addition, persons
included in corporate group bookings are not eligible to receive Program Points
for such bookings.
Sponsor employees and family members (spouse, children, siblings and parents),
including the employees and family members of Sponsor affiliated companies,
parents and subsidiaries, partners agencies and redemption suppliers may only
participate in the Program upon obtaining written permission from Sponsor at
1-888-898-5566 or email (outdoorrewardsclub@gage.com
).
An eligible prospective Member will be registered, activated, enrolled and
become a Member in the Program when the foregoing tasks are completed, as
specified on the Website, including election to join the Program as a Member
and agreement to abide by the Terms and Conditions of this Member Agreement and
the Sponsor Online Privacy Policy,
or automatically upon making a Qualified purchase and complete a trip
with a Paricipating Gage Lodge. Registration, enrollment and activation as
a Program Member authorizes Sponsor and its agents to contact
you using this information regarding matters arising out of or relating to the
Program and your participation in the same.
As a Member, you may earn Program Points as specified in these Terms and
Conditions, or by such other methods as authorized and selected by Sponsor,
from time to time. Points earned are deposited into a Members Program Account
(which Members may access by using their Program Username and Password and
following the prompts on the Website as set forth herein or on the Website).
Accumulated Program Points can be redeemed for discounts as specified on the
Website; additional and/or special limited Program Point redemption
opportunities may be offered by Sponsor from time to time during the operation
of the Program, at Sponsor’s sole discretion and per any terms and conditions
of such offers.
Each Member agrees to provide true and accurate information to register,
activate, enroll and participate in the Program and agrees to revise his or her
registration or other Program-related information in a timely manner to ensure
that the Member information provided in connection with the Program is at all
times updated and accurate. Sponsor is not responsible for contacting any
Member by any means if that Member has changed contact information and failed
to provide Sponsor with the proper contact information. See the Program Website
for information on how to update any Member information.
A Member's Account, Points and right to participate in the Program are not
transferable, absent written consent by Sponsor which may be sought via the
Program e-mail address or the Website.
Any Program-related activity will be deemed by Sponsor to be made by the Member
whose Password/Username initiated or authorized such activity.
POINT ACCUMULATION AND POSTING:
Point-earning opportunities are determined with reference to an active
individual Member’s unique Program Username and Password. Point-earning
opportunities may prospectively change periodically over the Term of the
Program at Sponsor’s sole discretion, effective upon publication of such
changes on the Program Website and, at Sponsor’s sole discretion, such other
official Program communications reasonably calculated to apprise affected
Members of such changes. Presently, Points may be earned for the following
activities in the following manner:
Point Accumulation
Points may be accumulated by one of four (4) methods:
-
Points are earned by individual Members who enroll or are enrolled in the
Program and then book a packaged trip at a Participating Lodge. Members must be
active in the Program, travel on their packaged trip and pay a Participating
Lodge in full (“Qualifying Purchase”);
-
Points are earned by individual Members who, on behalf of their minor children,
enroll or are enrolled, in the Program, then book, pay in full and complete
travel with said minor children on packaged trips of a participating Lodge
(“Qualifying Minor Purchase”);
-
Points are earned by active Members who refer other individuals (see Referral
Bonus Point Accumulation section below) to Participating Lodges; and
-
Points may be earned for defined miscellaneous bonus activities, as may be
specified by Sponsor from time to time in its sole discretion.
Standard Point Earning Method
Points will be awarded at a value equal to 5% of the base trip amount booked
and paid/invoiced. Points will be awarded on a basis that US$1=1 Point (e.g.,
US$2,000 trip = 100 points). Points will not be earned for taxes, hunting
licenses, travel expenses or additional incidental trip or lodge expenses. The
specific inclusions of what constitutes a “base trip basis” other than as
specified herein are at the Participating Lodges discretion.
If any discounts, promotions or comps are applied to either an
individual Member trip or to any Member in a group booking, no Program Points
will be awarded to anyone in such group booking.
If Program Points are utilized on an eligible trip, the “5% of base
trip” Point award formula will be applied on the balance of the trip base rate.
Referral Bonus Points Accumulation
A Member who refers to a Participating Lodge, a customer who has never booked a
stay at such Participating Lodge, is eligible to receive referral bonus points
(“Referral Bonus Points") in an amount equal to 5% of the base trip amount that
is invoiced and paid by the new customer. For purposes of this Program, a
Member will have deemed to have "referred" a customer when an active member
submits the “referred” customer in advance of such booking through a
Participating Lodge sales representative. Referral Bonus Points will be
credited the month following the completion of the Qualifying Trip as outlined
herein. No Referral Bonus Points may be earned for corporate or Sponsor booked
packages. Accruing Referral Bonus Points may not be combined with any
other offer presented to or accepted by Member. Referred customer is eligible
to receive Points, pending registration, activation and enrollment as a Member
in the Program.
Miscellaneous Bonus Points Activities
Members, in general, or segments within the Membership, in Sponsor’s sole
discretion, may earn additional, supplemental or bonus Point(s) for other
promotions and activities relating to one or more of the Participating Lodges,
or Sponsor’s products and services, as such Point-earning opportunities may be
specified from time to time to individual, segments or Program Membership, as a
whole, and subject to the terms and conditions of those specifications, in
Sponsor’s sole discretion. Such miscellaneous Point-earning activities may be
offered on Website, in printed Sponsor educational or promotional materials or
other Sponsor-sponsored Program electronic, print or display communication
media.
Points accumulated in the prior month will be deposited within approximately 30
days of the end of each month or as soon thereafter as is practical. Members
will be able to monitor their Point accumulation balance in their Account and
Point redemption history relating to the Program using their personalized
Username and Password at any time. Due to technical limitations and possible
technical errors or failures, Sponsor cannot assure that the number of Points
shown in a Member’s account at any particular time is the correct number of
Points available for redemption. Sponsor will attempt to credit its Member
accounts with Points on a timely basis as stated herein. However, each Member
shall have the responsibility of ensuring that his or her Points are properly
credited. Any claim for Points not credited accurately must be received by
Sponsor within ninety (90) days of the date of claimed accrual of such Points.
Sponsor shall have no liability for any printing, production, typographical,
mechanical or other errors in the Points summaries, for any delay or failure to
credit Points to a Member's account or for any failure to provide summaries as
outlined herein. The accumulation, retention and use of Points is subject to
review and validation by Sponsor, in a manner deemed appropriate by Sponsor, at
any time and Sponsor reserves the right to take corrective actions, as deemed
appropriate by Sponsor, with respect to Member Points or redeemed Discounts at
any time, upon reasonable notice to an affected Member. A Member agrees to
reasonably cooperate in a review and validation by Sponsor, relating to any
aspect of the Program, including but not limited to the submission by Members
of proof to Sponsor (or its Program administrative agents) of Program
eligibility criteria.
The sale, trading, transfer, assignment, combining, or barter of any Points is
prohibited. Points credited to a particular Account cannot be transferred to
any other Account, combined or pooled with any Points credited to any other
Account, shared with any other Account, or used for any other purpose than use
in connection with the Account where the Points were credited unless by express
written permission of Sponsor. Points have no cash value, and cannot be
purchased or redeemed for cash or credit. Points do not constitute property, do
not entitle a Member to a vested right or interest and are not transferable to
any other Member or person at any time, including upon Member's death or by
operation of law. Points can only be used in a manner consistent with, and as
stated in, this Agreement. Once a Member redeems Points, Sponsor will deduct
the appropriate number of Points from the Member's account. Sponsor reserves
the right in its sole discretion to modify at any time the number of Points
required to redeem any Discount.
POINT REDEMPTION & REWARD RECEIPT:
Points may not be redeemed until a Member has accumulated a minimum of 500
Points. Points may be redeemed in exchange for a discount on a stay at a
Qualifying Lodge on a 1 Point= US$1 discount basis. Points must be redeemed in
500 point increments up to a maximum of 50% of the base trip cost. Points can
be redeemed for a Discount only as specified herein or on the Website. The
applicable Discount, based on the Point to $ conversion noted above, will be
deducted from the Member’s final invoice amount on future qualifying patronage
to a Participating Lodge. Points cannot be redeemed to pay for trip deposit,
travel, taxes or other incidental expenses or in conjunction with any other
promotional offer.
If an eligible trip is cancelled, Program Points are forfeited and
will not be re-deposited back into a Members Account, regardless of elapsed
time between booking and cancellation. If a participating lodge cancels an
eligible trip, Program Points will be credited back to an affected Member’s
Account.
To redeem Points for Discounts, Members must contact a Participating Lodge’s
sales representative indicating their decision to redeem Points for the
selected Discounts. The supplies of any of the travel options are subject
to availability. Sponsor reserves the right to discontinue the
offer of any of the Discount as it pertains to any particular travel option.
Upon completion of the redemption transaction process, the redemption
transaction will be posted to the Member’s Account per the aforementioned
timeframe. Once Points have been redeemed and/or Discounts applied, the order
cannot be changed, altered, modified, retracted or cancelled except by Sponsor,
due to unavailability, and the Points cannot be returned to an Account.
Discounts may only be applied to a Member's Account.
ACCOUNTS:
Each Member can only have one (1) Website Account for purposes of participating
in the Program. Members who have lost or forgotten their personalized Username
and Password should contact Program Customer Service via 1-888-898-5566 or
email (outdoorrewardsclub@gage.com)
to obtain their personalized Username and/or Password (subject to ordinary
course verification processes in Sponsor’s or its Program administrator’s
reasonable discretion).
All actions or activities, whatsoever, which are undertaken using a Member’s
personalized Username and Password are the Member's sole and exclusive
responsibility and liability, and Sponsor will have no responsibility or
liability therefore. Further, Sponsor will not be responsible or liable for any
activity due to Member’s failure to sign-out of a Program Website session.
Members are solely responsible for any fraudulent or unauthorized use of their
personalized Username and Password, Account and Points that may occur due to
the theft or loss or third-party disclosure of their personalized Username and
Password.
Any person who attempts to participate with multiple e-mail and/or multiple
identities and/or multiple personalized Usernames and Passwords or uses any
device or artifice to obtain more than the permitted number of Accounts or
Points may be disqualified from the Program and forfeits all Points earned in
such Member’s Account, in Sponsor’s sole discretion.
Any duplicate Accounts are subject to cancellation for purposes of the Program,
and all Points accumulated in a duplicate Account or duplicate Accounts may be
forfeited. The Account(s) canceled shall be at the sole determination of
Sponsor.
EXPIRATION OF POINTS:
Points shall be maintained in the Member's Account until they are redeemed for
a Discount or until they (or a Membership) expire(s), as outlined herein,
whichever occurs first. Points in Accounts which have reached Expiration Status
will expire at the end of the last day of the thirty-sixth month starting
January 1st of the year following the date of the most recent purchased and
completed trip, unless otherwise extended with approval from Sponsor's sales
representatives. Adjustments to Member's Accounts will not be considered
qualifying activity. Expired Points will be removed from Member's Account. No
extensions, cash refunds or other exchanges will be allowed for expired Points.
In the event that a Member re-activates a Member Account after Expiration
Status has been reached, formerly credited Points will not be restored to a
re-activated Account.
TERMINATION; POINTS FORFEITURES:
The Program will continue to be offered to Members under these Terms and
Conditions until Sponsor gives thirty (30)-day advanced notice of termination
of the Program to Members via posting on the Website, which notice may be
supplementally provided in Sponsor’s sole discretion in electronic, printed or
other Sponsor-sponsored communication media reasonably calculated to reach
affected Members. Points in a Member's Account may be redeemed for ninety (90)
days after the Program termination notice published on the Program Website,
after which any remaining Points accumulated in the Program will be forfeited.
Provided, however, each registering, activating and enrolling Member and the
Membership in the Program agree that Sponsor shall not be required to give
notice if such termination is due to the filing of a petition in bankruptcy, an
adjudication of bankrupt, insolvency, an assignment for the benefit of
creditors, or any other discontinuance of business. All Points must be redeemed
prior to the Effective Date of Termination. No Member should rely upon the
continued availability of the Program or any Points accumulated in connection
therewith.
At any time during the Program Term, Sponsor may terminate any Member's
Account, a Member’s Membership in the Program and any Discount or Point
redemption in its sole discretion at any time for cause, including but not
limited to non-compliance with the Program Member Agreement Terms and
Conditions, fraudulent or other unlawful activity relating to the Program
(including abuse or tampering with the Website in any way), when a Member is no
longer eligible and/or a Membership is terminated and for Inactivity in the
Program. Upon termination of an Account for cause, all Points shall be
forfeited immediately.
Sponsor reserves the right to immediately disqualify and terminate the
Membership of any Member or Account from participation in the Program and to
forfeit and/or refuse to award or redeem Points, if in its reasonable judgment,
a Member appears not to be in good standing regarding eligibility for the
Program, a Member is Inactive or terminates participation in the Program, or if
a Member or activity relating to an Account reasonably appears to be violating
any of the Terms or Conditions including, without limitation, engaging in
fraud, other abuse, or tampering with the Website in any way.
There will be no compensation, whether in the form of cash, credit or
otherwise, for Program Points which are un-redeemed on an Effective Date of
Termination, at the time the Program ends or at the time a Membership and any
associate Program Points are disqualified or terminated.
PROGRAM MODIFICATION:
Membership in the Program is offered at the discretion of Sponsor and Sponsor
may prospectively change the Program's Member Agreement, and/or any part of it,
at any time at its sole discretion and with published notice on the Website
and, at Sponsor’s sole discretion, additionally through other communication
media reasonably calculated to reach affected Members, even though such changes
may affect the redemption value of the Program Points previously earned and
accumulated by a Member.
Sponsor may change or discontinue the Program, including its Terms and
Conditions, upon published notice on the Program Website, and shall not be
liable to a Member or any third party if Sponsor exercises its right to change
or discontinue the Discounts that are in process. If a Member does not agree
with any changes made by Sponsor to these Terms and Conditions, he/she may
terminate his/her participation in the Program at any time by doing so on the
Website, at which time all Program Points in that Account will be forfeited.
Sponsor reserves the right at its sole discretion to change Program Point
earning opportunities, the number of Points awarded for qualified activities,
redemption opportunities Discounts upon publication of such change on the
Program Website.
Any notices relative to the Program shall be in a manner which is deemed
appropriate by Sponsor. Members agree that publication of notices on the
Program Website is effective upon posting/publication by Sponsor or its Program
administrators.
The failure of Sponsor to comply with this Agreement and these Terms and
Conditions because of an act of God, war, fire, riot, terrorism, earthquake,
actions of federal, state or local governmental authorities or for any other
reason beyond the reasonable control of Sponsor, shall not be deemed a breach
of this Agreement. If any such contingency shall last for more than thirty (30)
days, Sponsor shall have the right to terminate the Program by giving notice
with no further liability to any Member.
DISPUTES; GOVERNING LAW; CONSTRUCTION:
Sponsor reserves the right to adjudicate all matters relating to the award,
retention and use of Points and any other dispute between Sponsor and a Member,
relating to the Program, in its sole discretion, and the Members agree to abide
by such adjudication absent clear and convincing evidence that Sponsor has
acted in an arbitrary or capricious manner. Sponsor’s adjudication of
particular matters with individual Members shall not bind Sponsor as to the
adjudication of similar future matters. Except as stated above or where
prohibited, Members agree that: (1) any and all disputes, claims, and causes of
action arising out of or connected with this Program, or any Discounts, or the
administration of the Program shall be resolved individually, without resort to
any form of class action, and exclusively by arbitration, to take place in the
State of Minnesota pursuant to the Rules of the American Arbitration
Association, then effective, (2) any and all claims, judgments and awards shall
be limited to actual out-of-pocket costs incurred, including costs associated
with participating in the Program but in no event attorneys’ fees; and (3)
under no circumstances will a Member be permitted to obtain awards for and
Members hereby waive all rights to claim punitive, incidental and consequential
damages and any other damages, other than for actual out-of-pocket expenses,
and any and all rights to have damages multiplied or otherwise increased.
Except where prohibited, by enrolling and participating, Members agree that all
issues and questions concerning the construction, validity, interpretation and
enforceability of these Member Agreement Terms and Conditions, or the rights
and obligations of Members(s) and Sponsor and/or Gage in connection with the
Promotion, shall be governed by, and construed in accordance with, the laws of
the State of Minnesota, without regard for conflicts of law doctrine of any
jurisdiction. By enrolling and participating in the Program, Members agree that
if they take any legal action arising out of or relating to the Program or
these Terms and Conditions, they will file such action only in the state and
federal courts located in the County of Hennepin, State of Minnesota.
This Agreement sets forth the entire understanding between the Member and
Sponsor and supersedes any and all prior or contemporaneous agreements or
understandings between Member and Sponsor, whether oral or written, as to the
subject matter of this Agreement. If any provision of this Agreement or the
application thereof to any Member or circumstances shall to any extent be held
to be invalid or unenforceable, the remainder of this Agreement, or the
application of such provisions to persons or circumstances as to which it is
not held to be invalid or unenforceable, shall not be affected thereby, and
each provision shall be valid and be enforced to the fullest extent permitted
by law. No waiver of these terms and conditions will be valid unless the waiver
is in writing and signed by an officer of Sponsor.
LIABILITY LIMITATIONS:
A Member is solely responsible for the equipment and Internet access required
to connect to the Program. Sponsor reserves the right to limit or restrict
Enrollment in the Program to any person at any time for any reason.
THE PROGRAM IS PROVIDED BY SPONSOR ON AN “AS IS” BASIS. SPONSOR EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPONSOR
SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR
OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS.
UNDER NO CIRCUMSTANCES SHALL SPONSOR BE HELD RESPONSIBLE OR LIABLE FOR A
MEMBER'S USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE
THROUGH THE PROGRAM OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINVITED OR
ERRONEOUS AWARD OF POINTS, DISCOUNTS OR OTHER BENEFITS UNDER THE PROGRAM TO
MEMBERS. SPONSOR OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROGRAM
WILL BE UNINTERRUPTED OR ERROR-FREE AND DOES NOT GUARANTEE THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROGRAM. SPONSOR ASSUMES NO
RESPONSIBILITY FOR ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS,
INCLUDING POINT-EARNING OPPORTUNITIES.
SPONSOR WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND
RELATED TO A MEMBER'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAM,
WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL,
EVEN IF SPONSOR AND GAGE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF SPONSOR IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN
ANY WAY CONNECTED WITH THE PROGRAM OR THESE TERMS AND CONDITIONS, THEN THEIR
LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF US $250.00.
TAXES, IF ANY, ARISING OUT OF OR RELATING TO A MEMBER’S PARTICIPATION IN THE
PROGRAM, INCLUDING RELATING TO POINTS AND THEIR REDEMPTION AS SPECIFED IN THESE
TERMS AND CONDITIONS, ARE THE RESPONSIBILITY OF MEMBERS. SPONSOR WILL ISSUE
TAX-RELATED REPORTING, AS REQUIRED BY LAW.
SOME POLITICAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
Any attempted participation by Internet or email or any other means except as
permitted by this Agreement is void. Sponsor will not be responsible for lost,
late, incomplete, stolen, misdirected, or illegible materials, email or mail;
or for any computer, telephone, cable, network, satellite, electronic or
Internet hardware or software malfunctions, failures, connections, or
availability, or for garbled or jumbled transmissions, or for service
provider/Internet/Web site/use net accessibility or availability, traffic
congestion, or unauthorized human intervention, or for inaccurate capture of
any information, Points, Discounts or other information, or the failure to
capture any such information. Sponsor are not responsible for any incorrect or
inaccurate information, whether caused by printing errors, Web site users,
tampering, hacking, or by any of the equipment or programming associated with
or utilized in the Program, and are not responsible for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to the
Website or any communications means. Sponsor are not responsible for injury or
damage to participants' or to any other person's computer related to or
resulting from participating in this Program or downloading materials from or
use of the Website.
Any use of robotic, automatic, macro, programmed or like methods to accumulate
Points will void all such Points accumulated by such methods, and disqualify
any Member using such methods.
PRIVACY POLICY:
Participants in the Program understand and agree that in order to offer the
Program, Sponsor must collect and use personally identifiable information about
participants and will from time to time contact participants via their e-mail
address as provided. Sponsor has contracted with a third party, Gage Marketing
Group LLC, for the administration of this Program. All information gathered by
Sponsor will be shared with Gage Marketing Group, LLC, for the limited purpose
of administering this Program. In all other ways this Program is administered
under the terms of the Sponsor Online Privacy Policy (www.outdoorrewardsclub.com).
INDEMNIFICATION:
You agree to release, defend, indemnify and hold harmless Sponsor, its parents,
subsidiaries, and affiliated companies, and agencies (including but not limited
to Gage Marketing Group), and each of their respective officers, directors,
employees and agents (collectively “Indemnitees”), from and against, and accept
all responsibility of any kind, including but not limited to financial, for any
liability, claims, losses, damages or proceedings, including but not limited
for death, (including reasonable attorneys' fees) relating to any actions taken
by you or anyone else using your Member account (whether or not such use
occurred with or without your permission), including but not limited to accrual
and redemption of Points, and disclosure of Membership passwords. You also
agree to release, defend, indemnify and hold harmless the Indemnitees from any
and all liability, claims, losses, damages or proceedings, including but not
limited for death (including reasonable attorneys' fees) relating to Points,
Discounts and any other matter in connection with your participation in the
Program.
Each Member acknowledges and agrees that Sponsor shall not be responsible nor
liable for any agreements between a Member and any of the Program's affiliated
companies with regard to Member's participation in third-party promotions
and/or other activities.
The Traveling Sportsman ™ Outdoor Rewards Club
Program Member Agreement Acknowledgment and Acceptance
By accepting enrollment and participating in the Program, you, in your capacity
as either a prospective Member, agree that you have read and understand each of
the Terms and Conditions set forth (and as may be cross referenced) herein and
will comply with each of the Terms and Conditions of the Program. You
acknowledge that these Terms and Conditions are subject to change at any time
and from time to time, in the sole discretion of Sponsor, and that you will
review this document periodically to ensure your compliance with the current
version of the Agreement and Terms and Conditions. You further agree that
headings are for the purpose of reference only and will have no effect upon the
interpretation of these Terms and Conditions.