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The Privacy Policy was updated on April 28, 2007 . While the word "privacy"
may mean different things to different people, we believe that once you
understand how we use your information, the steps we take to protect it,
and the resulting benefit to you, you will not only feel confident when
sharing information with us, but will also find your participation in
the Program a most rewarding experience.
Acknowledgment & Acceptance
By enrolling and/or using the Bowling Rewards membership card, including
activating your card for participation in the Bowling Rewards® Program
("Bowling Rewards"), you agree that you have read and understand
this Agreement ("Agreement") and that your membership shall
conform to its terms and conditions.
The Bowling Rewards Program, and Bowling Rewards website at www.bowlingrewards.net
are owned and operated by ELA Telecom Inc. (DBA Bowling Rewards, LLC)
and AmeriCardGold’s sister marketing company, Bowling Rewards, LLC.
We welcome questions and comments about our Privacy Policy. If you want
to contact us, we can be reached via email at: webmaster@BowlingRewards.net
Cardholders (“Members”) are any individual who acquires a
Bowling Rewards card and uses it for savings (either discounts, coupons,
or rewards) at merchants advertised on the Bowling Rewards network (“Merchants”
or “Advertisers”). Cardholders must activate their membership
card over the Bowling Rewards website or by phone in order to spend reward
credits earned at participating merchants. Members may earn rewards by
taking advantage of reward or reward earning opportunities at select participating
Merchants that offer savings to cardholders.
Access to Personally Identifiable Information (PII)
PII refers to any information that can be used to identify you as an individual
in any way. Enrollment in the Bowling Rewards Program is contingent upon
your agreeing to the Terms of Service and providing basic registration
information, including: first and last name, email address, age range,
gender, zip code and country. All other information requested of you during
your participation in the Program is optional. Bowling Rewards, LLC reserves
the right to send Members messages from time to time. Such messages may
include Bowling Rewards® system updates; flash bulletins; order confirmations;
merchant editorial profiles, administrative announcements; special requests
and other similar messages ("Administrative Messages") and may
be sent via email or regular mail. Members can elect to stop receiving
email directly from Bowling Rewards, LLC by unsubscribing to the general
Bowling Rewards newsletter.
In order to provide you with information about offers and services among
merchants you patronize regularly, we may provide certain of your PII
to specific advertisers enrolled in the Bowling Rewards Program to allow
them to provide important information about products and services that
would be of interest to you. By enrolling in Bowling Rewards and activating
your Bowling Rewards card, certain PII elements may be shared among participating
Merchant(s) whom you patronize. These fields include name, home mailing
address, and email address. Merchant(s) may use this information to communicate
with you regarding new product announcements, sales, special events, or
notifications when a reward level has been achieved, and other Administrative
Messages the Merchant feels you would find useful and valuable. You can
elect to stop receiving email directly from participating Merchants by
unsubscribing to newsletters received directly from the Merchant.
Bowling Rewards, LLC will only permit access to your PII to participating
Merchants whom you frequent and allow credits to be added to your card
by presenting it at the Point of Sale . Other then merchants whom you
frequent, we do not rent or sell your Personally Identifiable Information
(PII) to anybody without your express consent. You will not be contacted
by outside third parties without your permission as a result of your participation
in the Program.
In the event either we, or a participating advertiser, are unable to capture
your transaction detail, we may need to provide certain of your PII to
the advertiser to validate your transaction with them to ensure that your
account is credited with the correct number of points and/or credits.
However, before any PII is provided to an advertiser for any such purpose,
the advertiser will be contractually bound to observe the strict requirements
of the Bowling Rewards, LLC Program.
Bowling Rewards, LLC may keep all information collected in accordance
with this Privacy Statement indefinitely. Upon cancellation of your Bowling
Rewards account, all PII for your account is purged from our records.
Bowling Rewards, LLC will provide convenient access to the PII provided
by you during enrollment in the Bowling Rewards Program for your review
and correction. To access your Bowling Rewards account info, please login
to the Cardholder Login area on the homepage or contact webmaster@bowlingrewards.net
Terms of Participation
Only individuals residing in the U.S, may become a cardholder and enroll
in Bowling Rewards Rewards®.
Corporations or other business entities are not eligible to become Members.
Bowling Rewards® membership and its right to use is limited to one
individual per Bowling Rewards account (unique cardholder).
Bowling Rewards membership allows only one email address per Member.
Member agrees to provide only true and accurate information to Bowling
Rewards, LLC (including to its advertisers and partners) at all times.
Member agrees to comply with the terms of all Bowling Rewards and Bowling
Rewards advertiser and partner offers, promotions, and programs at all
times.
Member agrees not to abuse Bowling Rewards privileges by conduct which
is detrimental to the interests of Bowling Rewards, including without
limitation attempting to accrue Points or Credits or spend Credits in
a manner inconsistent with the rules of Bowling Rewards or intent of this
Agreement, having multiple accounts, attempting to earn Points through
other than legitimate channels, participating in purchasing or redemption
fraud, or tampering with Bowling Rewards award links, etc.
Bowling Rewards, LLC reserves the right to terminate or disable, at Bowling
Rewards LLC’s sole discretion, any Bowling Rewards membership if
Bowling Rewards, LLC believes such Member has violated or acted inconsistently
with the rules of Bowling Rewards, LLC or intent of this Agreement. Member
understands and agrees disabling of membership will result in Member's
inability to redeem and/or earn Points and/or Credits. Member understands
and agrees termination of membership will result in the cancellation of
all of Member's Points and/or Credits.
Bowling Rewards, LLC shall be the sole determiner in cases of suspected
abuse, fraud, or violation of its rules and any decision it makes relating
to termination of membership (including cancellation of Points and/or
Credits) shall be final and binding.
Points and/or Credits may be spent only on rewards as offered through
participating Bowling Rewards Merchants at the time of redemption.
Bowling Rewards, LLC and participating Merchants reserve the right to
limit the redemption of specific rewards and limit the number of rewards
available at any particular spending level.
Points and/or Credits will be subtracted from Member's account once the
reward is redeemed.
Once used to claim a reward, Points and/or Credits will not be reinstated
to Member's account.
In conjunction with renewing Member’s Bowling Rewards membership,
Member agrees to confirm that all information in Member's personal profile
is up-to-date and accurate.
Member agrees to promptly notify Bowling Rewards, LLC of any change in
Member's address (mail or email) or personal profile by updating his or
her personal information at the Update Account Info section of the Cardholder
Login area of the Bowling Rewards website.
Bowling Rewards, LLC reserves the right to cancel or disable accounts
and expire unredeemed Points and/or Credits in those accounts that are
inactive for a period of 12 consecutive months. Inactive shall be defined
as lack of one of the following: website visit, email response (click
through), survey completion, profile update or any Point/Credit-earning
or spending transaction.
Member shall comply with all laws, rules, and regulations that are applicable
to Member. Member acknowledges that Member may only participate in Bowling
Rewards if and to the extent that such participation is permitted by such
laws, rules, and regulations. Bowling Rewards, LLC refuses to enroll Member,
or to restrict, modify, or terminate Member's participation in Bowling
Rewards©, without liability to Member or any other party, if Member
violates any law, rule, or regulation, or if Member's participation in
Bowling Rewards could violate any law, rule, or regulation.
Disclaimer of Warranties
Member expressly agrees that use of Bowling Rewards is at the Member's
sole risk. Bowling Rewards and all services offered therein are provided
on a strictly "as is" and "as available" basis. BOWLING
REWARDS, LLC MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES,
OR REWARDS OBTAINED BY MEMBERS THROUGH BOWLING REWARDS, LLC OR THROUGH
BOWLING REWARDS ADVERTISERS OR PARTNERS; THAT BOWLING REWARDS, LLC WILL
MEET MEMBERS' REQUIREMENTS; OR THAT BOWLING REWARDS, LLC WILL BE UNINTERRUPTED,
TIMELY, ERROR FREE; NOR DOES BOWLING REWARDS, LLC MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BOWLING REWARDS OR
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
BOWLING REWARDS, LLC. Bowling Rewards, LLC expressly disclaims any and
all express and implied warranties, including, but not limited to, the
implied warranties of merchantability, fitness for a particular purpose,
and non-infringement. Bowling Rewards, LLC shall not be liable or responsible
for those guarantees, warranties, and representations, if any, offered
by Bowling Rewards advertisers, partners, manufacturers of merchandise,
or suppliers of services. No advice or information, whether oral or written,
obtained by Member from Bowling Rewards, LLC or through participating
Bowling Rewards Merchants shall create any warranty not expressly made
herein.
Limitation of Liability
BOTH BOWLING REWARDS, LLC AND AMERICARDGOLD SHALL NOT BE LIABLE FOR ANY
DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL,
RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN BOWLING REWARDS
REWARDS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
Both Bowling Rewards, LLC and AmeriCardGold are not responsible for damages
or losses that result from participating or inability to participate in
Bowling Rewards, or reliance on or use of information, services, or merchandise
provided on or through Bowling Rewards.
Member acknowledges and agrees that Bowling Rewards, LLC neither endorses
the contents of advertisements or third parties' Websites, nor assumes
responsibility or liability for the accuracy of material contained therein,
or any infringement of third party intellectual property rights arising
there from, or any fraud or other crime facilitated thereby.
Both Bowling Rewards, LLC and AmeriCardGold are not responsible and assume
no liability for changes or discontinuances of service from providers
which may affect offers or the accrual of Points and/or Credits.
In no event shall Bowling Rewards, LLC’s or AmeriCardGold’s
liability, either jointly or severally, exceed $1, which is the wholesale
value of printing the Bowling Rewards membership card.
Participation in Promotions of Advertisers and Partners
Member's correspondence with or participation in Point/Credit earning
opportunities at Merchants are solely between corresponding Member and
the Merchant. Both Bowling Rewards, LLC and AmeriCardGold assume no liability,
obligation, or responsibility for any part of any such correspondence
or promotion, including without limitation withdrawal or modification
of any offer or promotion.
Member understands that, in some cases, there may be delay in the crediting
of Points and/or Credits for promotions of Merchants due to the merchant’s
terminal failing to provide necessary information to Bowling Rewards,
LLC for such crediting of Points and/or Credits. Both Bowling Rewards,
LLC and AmeriCardGold will not be responsible or liable for the delay
or failure to credit Points and/or Credits in such event.
Anti-SPAM Policy
We have a strict policy on unsolicited email. Because email is an integral
part of the Program, by activating your Bowling Rewards, you’ll
be eligible to receive email from only those Merchants you patronize in
the Bowling Rewards Network by giving that merchant your Bowling Rewards
card to swipe through their terminal at the Point of Sale . If you later
decide you wish to cease receiving communications from either Bowling
Rewards, LLC or specific participating Merchants, you may do so at any
time by following the opt-out instructions contained in the email communication.
Please note that opting not to receive email from either Bowling Rewards,
LLC’s monthly Bowling Rewards newsletter or directly from merchants
does not exempt you from receiving administrative emails that include
but are not limited to, notices about vital program and membership status
changes or alterations to our Terms of Service.
Use of Cookies
We use "cookies" to personalize the Program to your interests,
and most importantly, to ensure that only you can access your account.
We also review "log-file" data to monitor site performance and
analyze traffic patterns and usage of our site. We enhance your use of
the Bowling Rewards Website by bringing certain advertising, promotions
and marketing messages to you as you use our site. We also tailor your
experience at our site by collecting anonymous data through the use of
cookies that track user activity. Our cookies contain no information about
you; instead, they assign you a unique number with no meaning outside
of the Bowling Rewards network. Bowling Rewards, LLC uses this number
to track, for example, your exposure to particular merchant banners so
you are not exposed to the same merchant message over and over again,
and to target ads, promotions and other marketing messages that may be
of interest to you. All users who receive a merchant message targeted
by Bowling Rewards, LLC's technology remain completely anonymous.
Third Party Services
To enhance the value of the Bowling Rewards service to its Members, Bowling
Rewards, LLC may use trusted third parties to collect, process and store
your PII for the purposes of data verification and supplementation. Data
verification involves the use of a third-party data processing services
to standardize and clean your provided enrollment information so that
it is easily identified and accessed in our database. Data supplementation
involves appending any publicly available information about you to your
personal profile.
We might seek out any information about you that is publicly available
on the open market and overlay this data onto ours for comparison purposes.
Information collected in this manner could include your spending habits
from a mail-order catalogue, demographic information you provided in entering
a sweepstakes, or your financial history. All of this results in a Program
that is tailored to your personal interests and provides you with the
most relevant Point and Credit earning opportunities.
These third parties, including contractors, sub-contractors and partners,
are contractually bound to preserve the confidentiality of your information
and can use PII only for the sole purpose of providing services to Bowling
Rewards, LLC. Such third parties shall be STRICTLY bound by the terms
set forth in the Bowling Rewards, LLC Privacy Statement. Such third parties
will agree to maintain the confidentiality and protection of your personal
information, at all times during and after providing services.
Security
We maintain rigorous Security Practices to ensure as much as is reasonably
possible that the confidentiality of your PII is not compromised. Bowling
Rewards, LLC has established company-wide security practices for your
protection. These practices include, but are not limited to, firewall
security, the use of appropriate encryption technology, and the use of
multiple levels of password security to limit access to data on a "need
to know" basis. The use of encryption technology is also required
of all clients exchanging data with Bowling Rewards, LLC. All contractors
and employees are required to familiarize themselves with, and abide by,
these safeguards.
Termination
AT ANY TIME EITHER MEMBER OR BOWLING REWARDS, LLC MAY TERMINATE MEMBER'S
MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP
IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED POINTS AND/OR
CREDITS SHALL BE CANCELLED.
Termination of Member's membership by Member is effective upon Member
submitting a termination request through the Bowling Rewards website and
Member receiving a message from Bowling Rewards, LLC confirming termination.
Member understands that, in some cases, Member may still receive messages
(which may have been scheduled prior to Member's termination) after termination.
Member may not earn Points or Credits after termination.
Should Member object to any of the terms and conditions of this Agreement,
or any subsequent modifications thereto, or become dissatisfied with Bowling
Rewards, Member's only recourse is to immediately discontinue participation
in Bowling Rewards and properly terminate his or her membership. (See
paragraph above.)
Bowling Rewards, LLC reserves the right to terminate the membership of
any Member who appears to be using Bowling Rewards in a manner inconsistent
with this Agreement, the intent of this Agreement, or any Bowling Rewards
rules.
Upon termination of the service or offer, or validation of your transaction,
unless you directly authorize the advertiser to maintain or use your PII
for other purposes, the Merchant will be required to delete your PII from
its files.
Non-Transferability
Member's right to use Bowling Rewards is non-transferable. Points and
Credits are non-transferable and are void if transferred. Member's membership
will terminate immediately in the event of Member's death. Points and/or
Credits may not be bartered or sold.
Bowling Rewards accounts and Points/Credits are not transferable upon
death or as part of a domestic relations matter or otherwise by operation
of law.
Proprietary Rights to Content
Member acknowledges that Bowling Rewards content (including but not limited
to text, sound, photographs, graphics, or other material contained in
any Bowling Rewards communication, advertisements, or messages, whether
by Bowling Rewards, LLC or Bowling Rewards, LLC’s advertisers or
partners), service and software are protected by copyrights, trademarks,
service marks, patents, and/or other proprietary rights and laws; therefore,
Member is only permitted to use content, service, or software as expressly
authorized by Bowling Rewards, LLC its advertisers and partners, as the
case may be.
Modifications
Bowling Rewards, LLC reserves the right to change this Agreement, and/or
any part thereof, at any time. Member understands the most recent version
of this Agreement will be located in the Legal Notices section that can
be found at the footer of every page on the Bowling Rewards Website.
Member's non-termination or continued use of Bowling Rewards constitutes
an affirmative acknowledgment by Member of any modification to the Member
Terms of Service Agreement and consent to abide and be bound by any terms
thereof. At any time, if Member does not agree with the Member Terms of
Service, Member may terminate Member's membership.
Bowling Rewards, LLC reserves the right to modify or discontinue the Bowling
Rewards service with or without notice to Member.
Bowling Rewards, LLC shall not be liable to Member or any third party
should Bowling Rewards, LLC exercise its right to modify or discontinue
the Bowling Rewards program service.
Notices
All notices given by Bowling Rewards, LLC to you will be given by email,
regular mail or by general posting on the Bowling Rewards Website.
Indemnification
Member agrees to indemnify and hold Bowling Rewards, LLC, its affiliates,
officers, and employees harmless from any claim, demand, expense, or damage,
including reasonable attorneys' fees relating to use of Bowling Rewards
and/or Bowling Rewards card or violation of this Agreement.
Laws
We reserve the right to release information to local, state, or federal
law enforcement officials when we believe in good faith that the law requires
it, or when required to do so by order of a Court or authorized administrative
agency.
Any dispute or claim arising out of or in relation to this Agreement,
or the interpretation, making, performance, breach, or termination thereof,
shall be finally settled by binding arbitration in Mount Laurel, NJ, or
at another location determined by Bowling Rewards, LLC, under the Commercial
Arbitration Rules of the American Arbitration Association by three arbitrators
appointed in accordance with said Rules. Judgment on the award rendered
by the arbitrators may be entered in any court having jurisdiction thereof.
This contract shall be governed by the law of the State of New Jersey,
excluding its conflict of law principles. The arbitration proceedings
shall be governed by federal arbitration law and by the Rules, without
reference to state arbitration law.
Member and Bowling Rewards, LLC agree that, any provision of applicable
law notwithstanding, neither party will request, and the arbitrators shall
have no authority to award, punitive or exemplary damages against the
other party.
This Agreement constitutes the complete and exclusive understanding between
Bowling Rewards, LLC and Member relating to the subject matter hereof
and supersedes all prior or contemporaneous understandings, agreements,
communications, and/or advertising with respect to such subject matter.
If any provision(s) of this Agreement is held by the arbitrators to be
contrary to law, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect.
Bowling Rewards, LLC’s failure to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by Bowling Rewards, LLC
in writing.
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