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Adventures by Disney® Adventures Insiders Loyalty Program
TERMS AND CONDITIONS AS OF AUGUST 20, 2012.
PLEASE READ CAREFULLY. By joining the Adventures by Disney Adventure Insiders Loyalty Program (the "Program") you agree to the following terms and conditions ("Terms and Conditions").
A. Overview of the Adventures by Disney Adventure Insiders Loyalty Program
- The Program is a loyalty program sponsored by Adventures by Disney Travel Services, Inc. ("Sponsor") through which Enrollees (as defined below) may receive communications pertaining to unique Adventures by Disney experiences and/or offers as decided by Sponsor from time to time in its sole and absolute discretion ("Program Benefits").
- All individuals who are properly enrolled in the Program in accordance with the requirements of Section D below will be deemed "Enrollees."
C. Duration of Program
- The Program is open to legal residents of the 50 United States (and the District of Columbia) who have reached the age of majority in their jurisdiction of primary residence who have completed travel on any Adventures by Disney guided group family vacation (excluding specialty departures as Sponsor designates from time to time) on or after January 1, 2005 ("Eligible ABD Vacation"). Past travel on an Eligible ABD Vacation is subject to verification by Sponsor, whose decision on the eligibility of an individual to participate in the Program is sole and absolute and is final and binding. The Program is subject to all applicable federal, state, municipal and local laws and regulations. Program is void where prohibited by law.
- Participation in the Program constitutes Enrollee's full and unconditional agreement to these Terms and Conditions.
D. Enrolling in the Program
- The Program begins at 12:00 a.m. Pacific Time ("PST") on August 30, 2011 and will continue until such time as Sponsor, in its sole and absolute discretion, elects to terminate the Program (the "Program Term"). Sponsor reserves the right to shorten, extend, modify, terminate, or cancel the Program, at its discretion, at any time as further described in Section F below. Enrollees can receive Program Benefits only during the Program Term and only by the methods set forth in Section E below. Enrollees may only use or redeem Program Benefits, as set forth in Section E below, during the "Redemption Term," hereby defined as the Program Term and a period of sixty (60) days immediately following the last day of the Program Term.
E. Program Benefits
- Individuals who meet the eligibility requirements set forth in Section B are automatically enrolled in the Program.
- Enrollment will be subject to verification by the Sponsor in its sole discretion.
F. Modifications and Termination of the Program
- Sponsor may, in its sole and absolute discretion and from time to time, inform Enrollees about certain Program Benefits available to Enrollees. Some Program Benefits (a) may only be available to those 18 or 21 years and older; (b) may be offered to Enrollees based on the number of times the Enrollee has completed travel on an Eligible ABD Vacation; and (c) may be contingent upon the purchase of Adventures by Disney products or services.
- Enrollees may receive Program Benefits only during the Program Term through offers that may be presented to Enrollee from time to time, via member communications, and/or other methods specified by Sponsor at any time during the Program Term. In order to be eligible to receive Program Benefits you must be enrolled in the Program as set forth above.
- Enrollees may not: (a) combine Program Benefits with other Enrollees; or (b) transfer, sell, or otherwise dispose of Program Benefits in any manner in violation or attempted subversion of these Terms and Conditions. Any attempt to combine or transfer Program Benefits will result in disqualification from the Program and the discontinuation of Enrollee's receipt of Program Benefits. Sponsor reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Sponsor believes (in its sole discretion) that an Enrollee (or Enrollees) have violated this Section E.3.
- Sponsor reserves the right to change, add, or remove the methods by which Enrollees can collect Program Benefits. Enrollees are responsible for the payment of all taxes which may result from the Program Benefits received as part of the Program.
- Program Benefits have no cash value and may only be used pursuant to these Terms and Conditions.
G. General Terms and Conditions
- Sponsor reserves the right to modify any of the Terms and Conditions set forth herein -- including, but not limited to, the length of the Program Term or Redemption Term, methods by which Enrollees receive information about Program Benefits and the substance of any Program Benefit -- at any time, with or without notice, even though these changes may affect an Enrollee's ability to use any Program Benefits.
- Sponsor reserves the right to cancel or terminate the Program at any time, for any reason, with or without notice, even though cancellation or termination may affect an Enrollee's ability to use any Program Benefits. In the event of s termination, Enrollees will have sixty (60) days from the Program termination date to use any Program Benefits.
- An Enrollee's continued participation in the Program constitutes the Enrollee's acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at www.adventureinsiders.com and will supersede all previous versions of these Terms and Conditions.
H. Limitation of Liability
- Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state, municipal or local laws, statutes or ordinances. The sale, distribution or purchase of Program Benefits outside of the methods set forth in these Terms and Conditions is unauthorized. Sponsor specifically prohibits the transfer of Program Benefits on any unauthorized website. Sponsor reserves the right to invalidate any Program Benefits it suspects have been sold, distributed or purchased in a manner inconsistent with these Terms and Conditions. Discontinued participation privileges may result in the loss of all accumulated Program Benefits. In addition to discontinuance of participation privileges, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program.
- Program Benefits do not constitute property of an Enrollee and may be revoked at any time by Sponsor as set forth herein. Program Benefits may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
- Sponsor is not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Program.
- All questions or disputes regarding eligibility for the Program, distribution or frequency of Program Benefits, or an Enrollee's compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.
- Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Sponsor, nor Disney Enterprises, Inc. or their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials ("Releases") shall have any liability. 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 PROGRAM BENEFITS 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 SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY PROGRAM BENEFITS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF PROGRAM BENEFITS. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE 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. Sponsor, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by any Program Benefit providers. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY PROGRAM BENEFIT PROVIDER, 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 all Enrollees.
- As a condition of participating in this Program, Enrollee agrees that: (a) any action at law or in equity arising out of or relating to these Terms and Conditions or the Website shall be filed, and that venue properly lies, only in state or federal courts located in Los Angeles, California and Enrollees hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' fees; and (c) under no circumstances will Enrollee be permitted to obtain awards for, and Enrollee hereby waives all rights to claim, indirect, 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.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principals of conflicts of law.
- These Terms and Conditions constitute the entire agreement between Enrollees and Sponsor pertaining to the subject matter hereof and supersedes 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.