EcoBonus® Program Terms & Conditions
These Terms and Conditions govern the EcoBonus® Program and its Website, located at http://www.ecobonus.com/. EcoBonus reserves the right to make changes to these Terms and Conditions at any time. Please check our website from time to time for any updates or changes. Your participation in the EcoBonus Program indicates your acceptance of these Terms and Conditions.
The EcoBonus Program is open to legal residents of the 50 United States (and the District of Columbia) who are 13 years and older at the time of enrollment. Some items for redemption may be available to those of various other ages from time to time, as indicated in the reward description. The Program is void where prohibited by law. Organizations are eligible to participate in the EcoBonus Program, including groups such as preschools, elementary schools, middle schools, high schools, colleges or universities, foodservice organizations, community organizations, boy scouts, girl scouts, religious organizations, 4-H, YMCA or other organizations.
SETTING UP AN ECOBONUS ACCOUNT
An EcoBonus Account may be set up at the EcoBonus website located at http://www.ecobonus.com/ (the “EcoBonus Website”). Click on the “Join Now” link on the top of the page and follow the onscreen instructions to create an EcoBonus Account (“EcoBonus Account”) for the person being enrolled (the “Account Holder”). Each Account Holder will be required to supply the following information:
- A unique and valid email address for the Account Holder
- The Account Holder’s year of birth
- Membership type (e.g., individual, business, school, etc.)
Each EcoBonus Account shall remain active indefinitely unless earlier terminated or canceled either (i) voluntarily by the Account Holder, or (ii) by EcoBonus for acts or omissions EcoBonus in its sole discretion deems to be violations of these Terms and Conditions, (iii) due to continuous inactivity of the EcoBonus Account for a period of time in excess of three (3) consecutive years, or (iv) termination of the EcoBonus Program by EcoBonus at its sole discretion for any reason.
The above information supplied as part of the EcoBonus Account must be kept current by the Account Holder, as this information is some of the information needed for collecting and redeeming EcoBonus Points.
CANCELING AN ECOBONUS ACCOUNT
To cancel an EcoBonus account, send an email to email@example.com stating that you would like to cancel your account. Your account will then be inactivated within one (1) business day.
COLLECTING ECOBONUS POINTS
Each Account Holder may earn and collect EcoBonus Points known as “EcoBonus Points” by purchasing, while supplies last, and entering product codes for qualified products (“Qualified Products”) from a participating reward partner (“Reward Partner”). Each Qualified Product and corresponding EcoBonus Points value will be listed on the EcoBonus Website and updated from time to time. Product codes are valid for up to 24 months from the date of issue.
EcoBonus may, at its sole discretion, offer a send-in option from time to time where Account Holders can collect UPCs or barcodes from a specific Qualifying Product during a specific Collection Period, known as “Collection Period” then post them via the United States Postal Service to EcoBonus Program Headquarters to have your EcoBonus Account credited. In that case, each Qualified Product and corresponding EcoBonus Points value and Collection Period will be listed on the EcoBonus Website and updated from time to time. Eligible UPCs or barcodes must be postmarked by the last day of the Collection Period in order to be have your EcoBonus Account credited.
EcoBonus Points may also be obtained through other methods as offered from time to time, including but not limited to, product packaging, scratch cards, print pieces, or check-out coupons. After establishing an EcoBonus Account, an Account Holder may enter EcoBonus product codes by going to the EcoBonus Website and following the links and instructions to enter the specified codes before they expire to have your EcoBonus Account credited.
There may from time to time be promotional opportunities where an Account Holder may receive EcoBonus Points for performing a specific activity on the EcoBonus Website, including but not limited to, participating in surveys, quizzes, or polls. In this case, the promotional eligibility details will be listed on the EcoBonus Website.
EcoBonus reserves the right to change, add or remove the methods by which Account Holders can earn and collect EcoBonus Points. The number of EcoBonus Points that can be collected for any given Qualified Product may be changed from time to time at the sole discretion of the Reward Partner except that the number of EcoBonus Points credited to an EcoBonus Account will not change once posted. EcoBonus Points may be collected only online through the Website, unless specifically listed as a Qualifying Product for the send-in option.
Once an Account Holder inputs a code for a Qualified Product, the corresponding number of EcoBonus Points will appear in the appropriate Account Holder’s EcoBonus Account. Once issued all EcoBonus Points are thereafter considered pending for a period of one (1) business day before they are considered available to be redeemed.
EcoBonus Points may not be sold, exchanged or otherwise transferred between Account Holders, and any such attempt will result in disqualification from the EcoBonus Program and forfeiture of all EcoBonus Points held by the violating Account Holders. EcoBonus reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that EcoBonus believes (in its sole discretion) that an Account Holder has violated any of these provisions.
Account Holders are responsible for the payment of all taxes that may result from the EcoBonus Points collected as part of the EcoBonus Program. EcoBonus assumes no liability for, and makes no representation as to the tax implications of any EcoBonus Points collected. EcoBonus also does not provide any tax documentation for collected EcoBonus Points.
If an Account Holder believes that any EcoBonus Points are not properly awarded and/or otherwise accounted for in the EcoBonus Account, the Account Holder must notify EcoBonus within fifteen (15) days of the day the code for the disputed EcoBonus Points was entered on the Website.
Reward Partner reserves the right to require proof, including, but not limited to, the product packaging, receipt, or promotional item, and the right to request proof that the Code was obtained by Account Holder in compliance with these Terms and Conditions. Reward Partner’s decisions regarding the awarding of EcoBonus Points are final and binding. Validated codes that are subsequently determined to be invalid for any reason are subject to disqualification and the corresponding EcoBonus Points will be removed from the EcoBonus Account to which the invalid EcoBonus Points were awarded.
REDEEMING ECOBONUS POINTS FOR A REWARD
You may redeem available EcoBonus Points for a reward through the Website or over the phone through Customer Service. Your email address, password, address and phone number will be needed to redeem available EcoBonus Points for rewards. Once a reward is applied for, you will receive a confirmation email. Emails will be sent to the email address provided as part of the EcoBonus Account.
Upon redeeming, your Account will be debited by the number of points listed in the most recent online EcoBonus rewards catalog or other EcoBonus communication. You should keep your email address and password private to prevent unauthorized redemptions. Rewards will be shipped to street addresses only and cannot be shipped to post office (P.O.) boxes.
Accidental typographical errors sometimes occur in merchandise descriptions and product values. In this event, EcoBonus reserves the right to notify you of the correct description or value before merchandise is shipped.
Please allow 3-6 weeks for reward delivery. Surface shipping and handling via ground service or common carrier is included in the point price for each reward offering. Multiple items ordered at the same time may be shipped separately. Some rewards may require truck shipment. You will be contacted to make arrangements for delivery.
You should contact EcoBonus Administration by email if a reward has not been received by the anticipated delivery date.
In the event of a lost reward, you will be sent a Verification of Non-Receipt of Lost Items. This form must be completed, signed, and received by EcoBonus Administration prior to reward re-issuance. Refunds for returned merchandise will be given in points only. No cash or credit card refunds.
All rewards are subject to limited availability and to the terms, conditions and restrictions imposed by merchandise, service or other providers.
Satisfaction is guaranteed on all rewards. You may return or exchange rewards for any reason within 30 days. Merchandise returned in accordance with this provision will be credited to member’s account in point value only. You are responsible for return shipping costs on exchanges/returns not due to shipping errors, shipping damages or defective merchandise.
TAXATION AND REWARDS
Sales tax is included in all reward point values, but the reporting and payment of State, Federal and Local taxes are your sole responsibility. You agree to hold EcoBonus harmless from any liability arising from the collection, payment and/or reporting of any federal, state or local taxes from the collection of EcoBonus Points and/or the redemption and/or purchasing of any reward using such EcoBonus Points.
You represent that you are not subject to backup withholding due to failure to report interest and dividend income, and you are either a U.S. citizen or a legal resident of the U.S.
INSTRUCTIONS FOR RECEIVING A REWARD SHIPMENT
Please be sure the number of cartons received agrees with the freight bill. If there is a shortage, have the driver note “shortage” on the freight bill. Notify EcoBonus Administration immediately. Examine carton(s) carefully. If there are any visible signs of damage, refuse item(s) and notify EcoBonus Administration immediately. If damage is found after the driver leaves call the delivering carrier within 48 hours for an inspection. Confirm the request in writing to the delivering carrier. Leave the merchandise in the original carton(s) with all packing intact. Get a copy of the inspection report from the carrier and mail to EcoBonus Administration. Members will be advised of the disposition of the merchandise.
If the order is not correct, or is not satisfactory in any way, please notify EcoBonus Administration immediately.
INACTIVE ACCOUNTS – EXPIRATION OF ECOBONUS POINTS
In the event of three (3) years of continuous inactivity in an Account Holder’s Account, the Account may be automatically deemed closed and any unused EcoBonus Points terminated and expired without prior notice or compensation to the Account Holder.
COMMUNICATIONS AND SHARING OF INFORMATION
MODIFICATIONS AND TERMINATION OF THE ECOBONUS PROGRAM
EcoBonus reserves the right to modify any of the Terms and Conditions set forth herein, including without limitation to the duration of the Collection Period, methods by which Account Holders can collect EcoBonus Points, the Qualified Products to be purchased, the number of EcoBonus Points associated with the purchase of Qualified Products or other activities, and any of the options made available to you with respect to their EcoBonus Account, at any time, with notice, even though these changes may affect your ability to collect or redeem EcoBonus Points.
EcoBonus reserves the right to terminate or temporarily suspend the EcoBonus Program at any time, for any reason, with notice, even though termination may affect your ability to accrue or use collected EcoBonus Points. In the event of an early termination, you will have thirty (30) days from date the EcoBonus Program termination is announced to redeem EcoBonus Points already validated.
Your continued participation in the EcoBonus Program after any changes are implemented to these Terms and Conditions shall constitute your acceptance of such changes. You are responsible for remaining knowledgeable as to any changes that EcoBonus may make to these Terms and Conditions as published at the EcoBonus Website, and which will supersede all previous versions of these Terms and Conditions.
USE OF THE ECOBONUS WEBSITE
USE OF THE ECOBONUS MOBILE APP (SERVICE)
The Service includes features that are available for access via a mobile device that includes the ability to upload content to the Service, browse the Service from a mobile device, and use features by downloading and installing the Service on a mobile device. You will be responsible for any fees from your mobile service carrier. By using the mobile Service, you may receive communications from EcoBonus via the Service, text message, or other electronic means to your mobile device.
You must be registered with EcoBonus.com in order to use the Service.
- You will not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You will not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
- You will not upload false or fraudulent receipts.
GENERAL TERMS AND CONDITIONS
EcoBonus reserves the right to discontinue the participation privileges of any Account Holder deemed by EcoBonus at its sole discretion to be engaged in activity that is fraudulent, illegal, inappropriate or otherwise in violation of these Terms and Conditions. Discontinued participation privileges may result in the loss of all accumulated EcoBonus Points. In addition to discontinuance of participation privileges, EcoBonus shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
EcoBonus further reserves the right to rescind any EcoBonus Points credited to an EcoBonus Account that EcoBonus deems in its sole discretion to be obtained (i) as a result of fraudulent activity or (ii) inadvertently by means other than in compliance with the procedures approved by these Terms and Conditions.
EcoBonus is not responsible for any incorrect or inaccurate information supplied by Account Holders while participating in the EcoBonus Program.
All questions or disputes regarding eligibility for the EcoBonus Program, collecting or redemption of EcoBonus Points, or an Account Holder’s compliance with these Terms and Conditions will be resolved by EcoBonus in its sole discretion.
LIMITATION OF WARRANTIES AND LIABILITY
EcoBonus (Schoeneckers, Inc. d/b/a BI Worldwide, EcoBonus and/or biworldwide.com) makes no warranty with respect to the EcoBonus Program, and disclaims any liability for any errors or omissions in the operation of the EcoBonus Program attributable to EcoBonus or its related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the EcoBonus Program (Releases). UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ECOBONUS IMPROPERLY DENIES AN ACCOUNT HOLDER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS. BY PARTICIPATING IN THE PROGRAM, AN ACCOUNT HOLDER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EcoBonus, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any Qualified Product offered through the EcoBonus Program and/or for any product toward which any EcoBonus Points are redeemed. TO THE FULLEST EXTENT ALLOWABLE BY LAW, ECOBONUS AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Each Account Holder agrees to rely solely on the manufacturer’s warranties, if any, for any products redeemed through the EcoBonus Program.
As a condition of participating in this Program, Account Holder agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any rewards obtained through the EcoBonus Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Minneapolis, Minnesota; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the EcoBonus Program, except that there shall be no award of attorney fees, and (3) under no circumstances will Account Holder be permitted to seek recovery for, and Account Holder hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Account Holder and EcoBonus in connection with the EcoBonus Program, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota.
These Terms and Conditions constitute the entire agreement between Program members and Reward Partner pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
UPDATED AS OF: October 16th, 2013