Dot Crazy! Email Club™ Terms and Conditions
Updated: December 14, 2016
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS PROMOTIONAL 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.
The Dot Crazy! Email Club™ includes electronic communications regarding Dippin’ Dots and its products, games and experiences for club members. The Dot Crazy! Email Club™ is one way in which Dippin’ Dots endeavors to reward and thank loyal customers for patronizing our business and purchasing Dippin’ Dots® products. These Terms and Conditions (the “Terms”) apply to your access to and participation in the Dot Crazy! Email Club™ which is operated by Dippin’ Dots, LLC and/or its subsidiaries, licensees and affiliated companies (collectively, “Dippin’ Dots”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Dippin’ Dots for products, services or otherwise. Dippin’ Dots reserves the right to change, modify and/or eliminate the Dot Crazy! Email Club™ and/or these Terms or any policy, FAQ, or guideline pertaining to the Dot Crazy! Email Club™ at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions, and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the Dot Crazy! Email Club™ confirms your acceptance of these Terms and any such changes or modifications; therefore, you should review these Terms and applicable policies frequently to understand the terms and conditions that apply to the Dot Crazy! Email Club™. If you do not agree to the Terms, you must stop participating in the Dot Crazy! Email Club™ .
BY PARTICIPATING, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD AT TIME OF PARTICIPATION AND, IF UNDER EIGHTEEN (18), YOU ARE PARTICIPATING ONLY WITH THE CONSENT AND UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. This program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only participate in the Dot Crazy! Email Club™ under the supervision of a parent or legal guardian who agrees to be bound by these Terms. These terms are applicable to any individual who becomes a Dot Crazy! Email Club™ member or downloads or uses the Dot Crazy! Email Club™ mobile application or who seeks to or actually redeems any Dot Points for any Email (individually and collectively a “member” and, if under eighteen (18), the minor and their parent or legal guardian or each a “member”).
Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions, overseas military installations and where prohibited by law. Employees of Dippin’ Dots and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year whether related or not) of each such employee are not eligible to participate.
3. Release and Limitation of Liability.
By participating, each member agrees to: (a) comply with and be bound by these Terms and the decisions of the Dippin’ Dots which are binding and final in all matters relating to this Dot Crazy! Email Club™; (b) release and hold harmless the Dippin’ Dots and its parent, subsidiary, and affiliated companies and any other organizations responsible for Dippin’ Dots fulfilling, administering, advertising or promoting the Dot Crazy! Email Club™ or the websites and online forms used in connection with the Dot Crazy! Email Club™, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Dot Crazy! Email Club™, acceptance or use or misuse of Email (including any travel or activity related thereto); and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to any member’s participation in the Dot Crazy! Email Club™ and/or acceptance, use or misuse of an email.
Members participate in the Dot Crazy! Email Club™ and use and/or accept emails at their own risk. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by members, printing errors or by any of the equipment or programming associated with or utilized in the Dot Crazy! Email Club™; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Dot Crazy! Email Club™; (4) technical or human error which may occur in the administration of the Dot Crazy! Email Club™ or the processing of entries; and/or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from member’s participation in the Dot Crazy! Email Club™ or receipt or use or misuse of any email.
Members and any other individual or entity participating in the Dot Crazy! Email Club™ agree that any and all claims, judgments and awards resulting and/or arising from any email, the Dot Crazy! Email Club™, or entry therein shall be limited to actual out-of-pocket costs directly related to participating into the Dot Crazy! Email Club™, and in no event shall include attorneys’ fees, and under no circumstances will any member, individual or entity be permitted to obtain awards for damages other than for actual out-of-pocket expenses directly related to the specific participating in the Dot Crazy! Email Club™ on which the claim is based and each such member, individual and/or entity hereby waives all rights to claim any damages other than actual out-of-pocket expenses directly related to entry into the Dot Crazy! Email Club™, including, without limitation, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Any and all disputes arising out of or connected with the Dot Crazy! Email Club™ shall be resolved exclusively by the federal or state courts siting in Oklahoma City, Oklahoma. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the member and Dippin’ Dots in connection with the Dot Crazy! Email Club™, shall be governed by, and construed in accordance with, the laws of the State of Oklahoma, without giving effect to any choice of law or conflict of law rules.
7. Contact Dippin’ Dots
Any questions or issues pertaining to these Terms or the Dot Crazy! Email Club™ should be directed to:
Dot Crazy! Club
Dippin’ Dots, LLC
5101 Charter Oak Drive
Paducah, KY 42001