Mysk8design Rewards Program
Updated as of 9/09/2016
Terms and Conditions
A) General information of our Myskatedesign Rewards Program.
Each time you access and use the our “Rewards Program”, you agree to be bound by and comply with these Terms. If you do not agree to these Terms, you are not eligible to participate in our Rewards Program.
The Myskatedesign (“Rewards Program”) is a loyalty program through which eligible, registered participants (“Participants”, “you” or “your”) may get points (“Reward Points”) by purchasing participating and qualifying products through our web site, such products on www.mysk8design.com (the “Website”), and redeeming their Points for Rewards (as defined herein) on the Website, all subject to the terms and conditions set forth in these Rewards Program Terms and Conditions (“Terms”).
These Terms and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Rewards Program. (“Additional Terms”). For example, in addition to these Terms, any contest, or other promotion we may offer (but are not obligated to do so) as part of the Rewards Program or to Rewards Program members, is and will also be subject to separate official rules (“Official Rules”), which will be posted in the Rewards Program during the promotion period. If there is a conflict between these Terms and/or any Additional Terms, the Additional Terms will control the specific issue/subject matter for which they are provided, unless the Additional Terms expressly state otherwise the use of the Rewards Program.
All participants must have an Internet access thus is required for participation. Participants are responsible for all devices and other equipment and software, and all INTERNET service provider, mobile service, and other services needed for access to and use of the Rewards Program; Myskatedesign will not be responsible for any charges related to them.
B) Rewards Program Period, Eligibility and Agreement.
Myskatedesign reserves the right to shorten, extend, suspend, modify, terminate or cancel the Rewards Program or any element thereof, at any time. Our Rewards Program is open to eligible Participants. To be eligible the participant must be physically located and reside in the fifty (50) United States, and is 18 years old or older at the time of registration. Commercial customers purchasing items for resale are not eligible to participate in the Rewards Program. The Rewards Program services and benefits are provided to individual Participants only. Therefore, a company, commercial entity, reseller may not direct, encourage, benefit, or allow individuals to participate other than for individual use, and if any suspected activity is detected, all accumulated Points will be removed without compensation and such Participants will be disqualified from the Rewards Program permanently.
Myskatedesign reserves the right to revise or change these Terms at any time (including without limitation modifying, altering, adding or deleting Rewards Program benefits, Accumulated Points, Qualifying Products, redemption levels, delivery methods and conditions for participation, and eligibility) and such changes could affect the value of the Reward Points accumulated. Each member is responsible for staying up to date as to the current Terms. If Terms are modified and or updated, these will apply to all Participants enrolled in the Rewards Program on the date the revised Terms are posted on the Website. Therefore, we recommend that you review the posted Terms each time you use the Rewards Program.
C) Registration and Account usage.
You must first become a member of Myskatedesign to participate in the Rewards Program. To register, visit the Website www.mysk8design.com/login and provide a username an Email Address and your password. No purchase necessary to register. Upon verification, registered persons will have a Program account (referred to herein as the “Member’s Account”). A Member’s Account must be and remain in good-standing to receive and redeem Points. Account “in good-standing” means, that the Account has not been subject to any inquiry for fraud or other suspicious activity, any awarded Points are/were earned by valid means, and the Account is maintained by an eligible Participant, all pursuant to and in compliance with these Terms. Myskatedesign will not responsible for any incorrect or inaccurate information supplied by Participants while participating in the Rewards Program. Each member/participant is responsible for all usage or activity in their Member’s Account and all information, passwords, and access in connection therewith. Fraud or abuse relating to registration, providing of personal information, participation, Points or redemption of Rewards is a violation of these Terms. In connection with becoming a member at Myskatedesign, you agree that: (i) You will provide true, accurate, current, and complete information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) You are solely responsible for all activities that occur under your Member’s Account – whether or not you authorized the activity; (iii) You are solely responsible for maintaining the confidentiality of your Member’s Account and for restricting access to your personal computer, mobile phone or other wireless Device, or other Internet enabled device (each collectively a “Device”) so that others may not access the Rewards Program or your Member’s Account using your name, username, or password; (iv) You will immediately notify us of any unauthorized use of your Member’s Account, password, or username, by contacting us using the “Contact Us” feature on the Website; and (v) You will not sell, transfer, or assign your Member’s Account. Myskatedesign will not be liable for any loss or damage of any kind and under any legal theory to you or any third party arising from your inability or failure to comply with any of the foregoing obligations. Members are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a Member’s Account and related information.
If any information that a Member provides, if we have reasonable grounds to suspect that such information provided, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, we may suspend and/or terminate the Member’s Account. We reserve the right to suspend or terminate your Member’s Account or otherwise deny you access to their benefits, for any reason, and without advance notice, obligation or liability. Members must keep all registration information current at all times. Members may update their registration information by logging into www.mysk8design.com/myaccount
D) Qualifying Products
Qualifying Products are defined as participating Myskatebrand brand products listed on the Website purchased by you. Participating Qualifying Products and assigned Reward Point values are provided on the Website, and may be added, eliminated or otherwise modified at any time.
E) Reward Points and Restrictions
We reserve the right, in our sole discretion, as to that applies to our Rewards Program, all as set forth in these Terms, to: (i) change the number of Points awarded, or to give no Points, for any particular Product, (ii) offer additional or new participating Qualifying Products for a limited time or permanently, (iii) delete any or all means to earn Points, Points are always subject to verification and eligibility determined by us, in our sole and absolute discretion. Once provided, Points can be used as soon as they are reflected in the Member’s Account and/or may be accrued over time for later use.
Your Member Account will display on the Website, the Points that are available for use. Points redeemed for a Product (as defined herein) will be immediately deducted from the Member’s Points balance upon confirmation of the transaction. Our Administrator will use reasonable efforts to ensure Points are allocated and accrued correctly; however, Members should review their Account to ensure that their Points are properly credited. If a Member believes that their Reward Points balance is incorrect, they should go to the “Contact Us” page on the Website and be specific about concerning the Points in question. Our Administrator will then investigate and respond back to the Member the results of such. Points subsequently determined, in the sole discretion of Our Administrator, to be invalid, will be removed from the Member’s accumulation total. Points subsequently determined, in the sole discretion of Our Administrator, to be valid, will be added to the Member’s Account. All decisions made by Our Administrator are final and binding. Your Reward Points are considered limited, non-exclusive, revocable, non-assignable, personal, non-transferable and solely for use towards a purchase of participating products from Mysk8design website. Reward Points have no “real world” value, may not be used as legal tender, and are not redeemable for cash, transferable or assignable for any reason. Member’s may not combine, accumulate, or transfer his/her Points with other Member’s Accounts. Points are not considered to be property of a Member and as such, a Member cannot purchase, sell, barter, trade, transfer, or assign their Points to any other person. Any attempt to combine or transfer Points will result in forfeiture of all Points in any Member’s Account.
F) Account Cancellation or Inactivity
Myskatedesign may terminate any Member’s Account, in its sole discretion, if a Member has been inactive for a period of six (6) months or more; or if the Member is in violation of any of these Terms, including, without limitation, failure to follow our Rewards Program policies and procedures, the sale or barter of Points or Rewards, any misrepresentation of fact, or other improper conduct as determined by Mysatedesign. Upon termination of a Member’s Account by Myskatedesign, the Points within the Member’s Account will be immediately forfeited. Members may terminate their enrollment at any time by logging into www.mysk8design.com/contactus and request that their Member’s Account be terminated, all accumulated Points will be immediately forfeited.
G) Reward Points Redemption
Your Myskatedesign Reward Points may be redeemed based on the value set by us for free merchandise, coupons, participation in limited time or quantity offers, gift cards, or offers from third party partners/brands outside of Sponsor, or similar items.
General: Myskatedesign reserves the right to modify the Points value(s) for any Reward, at any time and for any reason, and you understand and agree that we may set and/or vary the Points conversion ratio for any such Rewards in our sole and absolute discretion at any time. All qualifying items on the Website will fluctuate as available items are redeemed and additional items are added or modified by us. All Rewards are available on a first-come, first serve basis, many in limited quantities, ONLY while supplies last. Rewards, and the redemption thereof, and any other related information are subject to Reward availability, Member’s eligibility, compliance with these Terms, in our absolute discretion. Rewards pictured on the Website are for illustrative purposes and may not necessarily reflect exact colors, styles, models or features of actual Reward. SPONSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES OR COVENANTS THAT ANY PARTICULAR REWARD WILL BE (OR WILL CONTINUE TO BE) AVAILABLE OR OFFERED. Myskatedesign reserves the absolute right to modify, change, delete or add Rewards, or any element thereof at any time.
Redemption: To redeem Points, navigate through our Products catalog on the Website. You can choose any item still available for which you have accumulated sufficient Points for redemption. Click on the image corresponding to the item you wish to redeem and follow the instructions to complete the redemption process. As part of the redemption process, you will receive a confirmation email and when applicable, an email confirming that your request for the item has been accepted and processed. Emails will be sent to the email address associated with the Member’s Account. The total number of Points a Member can use to redeem an item at any given time is the total number of Points available in their Member’s Account at the time of redemption. Once a Participant has ordered an item from the Rewards catalog, the order is final and the appropriate number of Points will be deducted from the Member’s Account.
Provide Accurate Information: Each Member is responsible for ensuring the information associated with his/her Member’s Account is accurate and up to date. We are not responsible for non-receipt of an item shipped or emailed to the mailing/email address associated with a Member’s Account. Any changes to a Member’s Account, or the information in them, should only be made by Member to whom such Account belongs.
Your Points Redemptions are Final: All redeemed points for items are final and cannot be modified. Points will not be reinstated or placed back into a Member’s Account, unless an error was reported and verified by our Administrator as provided herein. We will not reinstate any quantity of redeemable Points for any reason after an order has been placed; merchandise may not be returned to Myskatedesign unless prior authorization given by myskatedesign.
Limited Availability: Products in myskatedesign catalog on the Website; may be available in limited quantities and for a limited time, and will be noted as such. Once the total available number of any such items has been claimed, or once the limited time to redeem such an item has expired, that item will be removed from the Rewards catalog and/or marked as “Sold Out”. If there is a particular Product offered that you would like to receive, you should redeem your Points for that Item as soon as possible (once you have enough Points) because supplies may be limited. If you redeem your Points for an Item, and we determine that the Item is no longer available, out of stock or for whatever reason cannot be provided to you, we will reinstate the Points that you exchanged for the Reward.
Terms Applicable to Special Items: Certain Items, if any, such as higher value merchandise, promotions or events, and/or items with additional terms imposed by the issuer, will have added restrictions and limitations, which may vary from these Terms (such as higher age requirements, redemption limits, etc.). If, through no fault of their own, a Member does not qualify to Redeem this particular Item (because they do not satisfy the additional restrictions and/or limitations particular to such Item) their Points will be returned to the Member’s Account. Certain Items will require the potential Member to first properly execute, have notarized and timely return an Affidavit of Eligibility, Liability and Publicity Release (or other release documents required by myskatedesign) as part of the redemption process, or else that individual will not qualify as eligible to redeem that particular Item. Each Member agrees to be bound to these Terms, to comply with myskatedesign redemption and verification process and requirements, and any individual Items description, requirements and limitations indicated on the Website and/or terms established by myskatedesign or Administrator, all of which are hereby incorporated herein. Unless otherwise stated in connection with a particular Item, Reward Points must be utilized only by the Member, may be used one time only, and cannot be transferred or assigned for any reason or otherwise by operation of law. We reserve the right to verify your eligibility qualifications prior to fulfilling a Redeemed Item.
H) Warranty, Taxes and Delivery
All Items redeemed through myskatedesign on-line catalog website, will be delivered via mail or email as solely determined by our Administrator. All Items will be delivered to the U.S. mailing address/email address as provided by the Member during the redemption process. Items will be shipped via U.S. mail (or other carrier at the discretion of myskatedesign) within four – six weeks from date of order/notification unless the Website states a different schedule or the particular Item, Product or Service you ordered is limited in quantity, back-ordered, or out of stock. Merchandise can only be shipped within the U.S. Items, Products or Services redeemed in the form of on-line gift certificates/cards/codes, if any, will be sent via e-mail to the e-mail address listed in the Member’s Account within four weeks from the date of the order/notification. Any such gift cards are subject to the terms and conditions of issuer. Products, Items or services that are returned, unclaimed, or undeliverable for whatever reason (including because your Member’s information is incorrect) will not be re-sent and are forfeited, and the Reward Points will be forfeited and not reinstated, and myskatedesign shall have no further obligation to award said item. Members are responsible for all applicable federal, state and local taxes, including income tax liability, if any, associated with any item given under the Rewards Program. If a Member redeems multiple Items valued at $600 or over, that Member is required to complete a W-9, and the value of that item(s) will be reported to the IRS. The Member acknowledges that we may be required to provide or supply certain information to applicable government agencies or departments in regards to any payments or items earned in connection with the Rewards Program. Members agree to provide us with all required information to assist us in complying with our reporting or withholding obligations. Members obtaining item(s) with a combined total value equal to $600 or more in any single calendar year are required to provide his/her Social Security Number within the timeframe specified for tax reporting purposes prior to the shipment of the item(s). The Member will be issued a 1099-MISC from our Administrator for the value of the Item(s) received. All required documentation must be properly completed and returned within sixteen (16) days of notification. Non-compliance or failure to timely complete and return required documentation will result in ineligibility to redeem/forfeiture of said Item(s) and any Reward Points used in association with such item(s).
I) Rewards Program Modification or Termination
Myskatedesign reserves the right, in its sole discretion to shorten, extend, modify, cancel or terminate the Rewards Program in whole or in part at any time, for any reason even though termination may affect a Member’s ability to accrue or use already Accumulated Points, or any benefit or service under the Rewards Program. In the event the Rewards Program is canceled or terminated, a notice will be posted on the Website and if reasonably commercially practicable to do so, a notice will also be sent to all Members via e-mail at least twenty-four days prior to the date of termination. Members will have until the revised date of the Rewards Program termination or another date clearly communicated by our Administrator to redeem their Points.
If for any reason our Rewards Program, is impaired, not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, cheating, bots/scripts, equipment failure, mechanical or other artifice, regularly-scheduled maintenance, technical or any other failures, a force majeure event, human error or any other error, or any other causes similar or dissimilar which corrupts or affect the administration, security, fairness, integrity, or proper conduct of the Rewards Program, or any element thereof (as determined by us in our absolute discretion) (referred to as “Technical Difficulty”), we reserve the right to rescind and/or forfeit Points (even if already in the process of redemption but not yet delivered to Members Account), or to modify the Rewards Program or any element thereof in a manner that best conforms to the spirit of these Terms without suspending it, Rewards Program suspension or any element thereof to address the impairment and then resume in a manner that best conforms to the spirit of these Terms, or cancel, terminate, suspend or modify the Rewards Program, in whole or in part. Under such a circumstance of Technical Difficulty, myskatedesign will attempt to provide Members ten business days’ notice from the date our Rewards Program termination is announced to redeem any Points.
Myskatedesign reserves the right without limitation, that if any (suspected) attempt, directly or indirectly, by any individual, entity or Member to use or benefit from the use, in our discretion, of any form of manipulation, exploitation or abuse of the Rewards Program, any artifice, mechanical, robotic, repetitive, automatic, bots/scripts, programmed or similar participation, the Member’s account will be cancelled, any accumulated Points of such individual(s) will be forfeited. Myskatedesign reserves the right to review any Members participation, logs, and activities of any individual and/or Member’s Account at any time. Without questioning the foregoing, myskatedesign reserves the right to suspend or terminate any Member who, in its sole discretion, is suspected of tampering, abusing any aspect of the Rewards Program or Website, using the Rewards Program in a manner in violation of or inconsistent with these Terms, engaging in cheating or fraudulent activity or artifice, or violating any federal, state or local, laws, statutes or ordinances, and any such activities will result in the loss of all accumulated Points, without compensation therefore and such the Member’s Account will be deleted. ANY ATTEMPT BY A PERSON, ENTITY OR CORPORATION TO DAMAGE THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE REWARDS PROGRAM IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, MYSKATEDESIGN RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
J) General Conditions
We have and therefore can execute the sole discretion to interpret and apply the Terms for the Rewards Program, and all elements thereof as stated within. All questions, concerns, or disputes regarding the Rewards Program, or any element thereof, including, but not limited to, participation and/or a Member’s eligibility and compliance with these Terms will be resolved by myskatedesign in our absolute discretion. Any Individual participating in the Rewards Program agrees to be bound to these Terms and our decisions, which are final and binding on you.
Myskatedesign is not responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, returned, or undelivered mail or e-mail, or for lost, interrupted service due non-payment to you Internet provider, network, server, Internet Service Provider, Website, app, or other connections availability, accessibility or traffic congestion, or equipment failure that is personal computer, device, network, telephone, satellite, cable hardware, software or lines, or technical failure, delayed, or misdirected transmissions, or computer hardware or software malfunctions, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of information, nor for the failure to capture any such information in connection with the Rewards Program, or any element thereof. Myskatedesign is not responsible for injury or damage to Member’s or to any other person’s equipment, computer or Device related to or resulting from joining and participating in the Rewards Program or downloading materials from or use of the Myskatedesign Website. In the event of any ambiguity, discrepancy, inconsistency, printing or any other error or miscommunication on the Website, in any advertising, Rewards Program materials and/or any other information relating to the Rewards Program, these Terms shall govern.
Myskatedesign is not liable to Members or any other person or entity for failure to execute the Rewards Program or any element thereof or supply any Points, items or Rewards or any part thereof, by reason of any act of Nature, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity, equipment failure, terrorist act, cyber-attack, flood, earthquake, war, fire, severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind due to any reason, work slow-down, civil disturbance, riot, or any event beyond our reasonable control.
When a Member communicates with us electronically, such as via e-mail message Members consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. Members agree that all agreements, notices, disclosures, and other communications that we provide to Members electronically satisfy any legal requirement.
Myskatedesign reserves the right without limitation, to: (i) investigate any suspected breaches of the Website’s security or its information technology or other systems or networks of these Terms; (ii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; and (iii) discontinue the Rewards Program, in whole or in part, or, suspend or terminate Member’s access to it, in whole or in part, including any Member’s Accounts or registration, at any time, without notice, for any reason and without any obligation to Members or any third party. Upon suspension or termination access to the Rewards Program, or upon notice from us, all privileges granted to Members under these Terms will cease immediately, and Members agree that they will immediately discontinue use of the Rewards Program. We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by Members, and Members may not delegate duties under them, without the prior written consent of Myskatedesign.
K) Liability, Release and Indemnity
All Members agree to indemnify, defend and hold harmless myskatedesign and/our Administrator, employees, from and against any and all causes of action, damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property that can directly or indirectly arise from or are related to: (i) Member’s use of the Rewards Program, the Website, and any activities in connection with the Rewards Program; (ii) information or material transmitted by Members or through Member’s Device(s), even if not submitted by Members, including but however not limited to information or material that infringes, violates, or misappropriate any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (iii) the acceptance, possession, use, misdirection, or misuse of any item claimed and/or redeemed or any element thereof. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. Members will not settle any Claims and Losses without, in each instance, the prior written consent of Myskatedesign. BY BECOMING A MEMBER AT MYSKATEDESIGN AND THE USE OF AND BENEFITING FROM THE REWARDS PROGRAM, THE MEMBER INDEMNIFIES AND HOLDS THE RELEASED PARTIES HARMLESS FROM, AND WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH CLAIMS AND LOSSES IN ANY FORUM BEYOND TWELVE (12) MONTHS AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR LOSS IS/WAS BASED.
Members covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release to the fullest extent permitted by law.
L) Customer Service