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Last Updated: April 15, 2020.
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE BLUNATION® REWARDS PROGRAM AND SUPERSEDE ALL PREVIOUS REWARDS OR LOYALTY PROGRAM TERMS AND CONDITONS, RULES, REGULATIONS, POLICIES AND PROCEDURES THAT MAY HAVE BEEN IN EFFECT. PLEASE READ THEM CAREFULLY. YOUR USE OF THE PROGRAM CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND ALL OTHER TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR PARTICIPATE IN THE REWARDS PROGRAM.
ELIGIBILITY FOR MEMBERSHIP IN THE BLUNATION® REWARDS PROGRAM
This bluNation® Rewards Program (the “Rewards Program”) is intended only for use by adults residing in the United States who are at least twenty-one (21) years old, subject to any other legal restrictions related to vaping or customer rewards programs that may be applicable in your local area. You further acknowledge and agree that you must be of legal smoking age to purchase or consume any of our blu® products or to participate in the bluNation® Rewards Program. PERSONS UNDER THE AGE OF 21 ARE PROHIBITED FROM ACCESSING OR PARTICIPATING IN THE REWARDS PROGRAM. PLEASE NOTE: THE REWARDS PROGRAM IS ONLY AVAILABLE TO ELIGIBLE RESIDENTS OF THE UNITED STATES WHO OPEN A bluNATION ACCOUNT. IF YOU ARE NOT A UNITED STATES RESIDENT (OR OTHERWISE NOT ELIGIBLE FOR THE REWARDS PROGRAM), YOU MAY NOT REGISTER FOR THE REWARDS PROGRAM. The Rewards Program is intended for an individual’s personal, non-commercial use only; enrollment and participation in the Rewards Program by groups, organizations and businesses is prohibited. There is a limit of one (1) bluNation® Rewards Account (as well as one (1) blu.com website account) per individual, which Account is non-transferable and cannot be merged with another Account. Any attempt by a person to open or maintain multiple accounts will be investigated as suspicious and/or fraudulent activity any may result in the suspension, termination and/or removal of all such Account(s) and, in certain cases, legal action. The Rewards Program is a free (no membership fees) customer loyalty program sponsored by Fontem US, LLC. d/b/a blu e-Cigs (“blu” or “We””) that allows participants to earn rewards “Points” with qualifying purchases of blu® products or, from time to time, performance of qualifying promotional activities, as discussed in more detail below. We reserve the right to change or modify these Terms and Conditions or any related policy, FAQ, or guideline at any time, and any such changes will be effective immediately upon posting the revisions to www.blu.com website ) (the “Website”) and/or the bluNation® Rewards page at https://www.blu.com/en/US/blunation-program and/or by email. Your continued use and participation in the Rewards Program following any such changes or modifications shall be deemed your continued acceptance of the Terms and Conditions including any changes or modifications made by blu from time to time. You should review these Terms and Conditions and related policies, FAQs and guidelines related to the Rewards Program frequently to ensure you understand the terms and conditions govern your access to and participation in the program. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AS MAY BE CHANGED OR MODIFIED FROM TIME TO TIME, YOU MUST STOP ACCESSING AND PARTICIPATING IN THE REWARDS PROGRAM. We may terminate the Rewards Program at any time for any reason, even though termination may affect a Member’s ability to accrue or redeem Points. In such event, we will post notice of the termination of the Rewards Program on the Website and/or the Rewards Program page and/or may elect to provide notice of termination to Members using email.
CREATING A BLUNATION® REWARDS ACCOUNT
To create a bluNation® Rewards Account (an “Account”), you must be 21 years of age or older and complete the registration process on www.blu.com (the “Website”) by providing current, complete and accurate information required by the then-current registration process including your legal name, date of birth, gender, mailing address, zip code, password, legitimate e-mail address and certain additional information (such as, for example, your preferred contact method) (collectively, your “Profile Information”). By creating an Account, you agree to have your age verified by our third-party service provider. Creating a bluNation® Rewards Account and meeting the age verification and other requirements set forth above makes you a Rewards Program “Member” under these Terms and Conditions. In addition, when creating an Account, you can choose to provide access information related to your social networking accounts (e.g., Twitter, Facebook, FourSquare, Instagram etc.). Some or all of a Member’s Account information will be shared with blu’s third party service providers responsible for operating the Rewards Program platforms. For more information regarding how your personal information is used in connection with the Rewards Program, please see the “Privacy Statement” section below. We reserve the right to refuse to accept any individual’s attempted registration and deny access to or participation in the Rewards Program for any reason or no reason, without liability or obligation of any kind, including without limitation the obligation to notify the individual of the reason for rejection or denial of access. Once you create your Account and have accepted these Terms and Conditions, you can view and manage your Rewards Program Account (and redeem Points) by logging into your bluNation® Rewards Account. You are solely responsible for maintaining the confidentiality of your access credentials (including your password) and other Account information and solely liable for any and all activities on your Account (both your Website Account and your bluNation® Rewards Account). You agree to notify blu immediately in the event of any unauthorized use of your Account or if you believe the security of your Account has been compromised. HOW THE REWARDS PROGRAM WORKS (EARNING POINTS) In the Rewards Program, Members can accumulate and redeem loyalty rewards points (“Points”), on an individual basis (solely for their own Account) by either:
Points may be redeemed by a Member for reward items made available in the blu Rewards Catalog including bluNation Retail Coupons (where lawful) and discounts on Website purchases and provided that the Member’s bluNation® Rewards Account is active and the Member is registered at www.blu.com. To redeem Points for a given reward item in the blu Rewards Catalog, Members must have Redeemable Points accumulated in their Account equaling or exceeding the Points required to redeem the item as stated in the applicable catalog. Points will not be rounded up for purposes of redemption, nor can a Member purchase additional Points or transfer Points in order to attain a desired Point redemption threshold. Once Points are redeemed for an item in the blu Rewards Catalog, such order is final and the used Points, which will be immediately deducted from the Member’s Account, cannot be replaced, refunded or restored. Before processing any Points redemption transaction, blu reserves the right to request the Member to provide proof of compliance with these Terms and Conditions. Should blu determine that any materials or information provided in response to such a request are inadequate or defective in any way or should the Member fail to timely provide such requested materials or information, then blu, in its sole discretion, may void the transaction and/or in the case blu determines the Member has violated these Terms and Conditions, forfeit all Points accumulated by the Member without right of recourse or liability or obligation to such Member. Any and all applicable taxes on Points/reward items/usage of bluNation retail coupons for discounts on blu® products or other expenses incurred in conjunction with Program participation are the sole responsibility of Member, and You agree to fully cooperate with blu as to its compliance with all applicable governmental reporting requirements. You may be charged fees for shipping and handling of certain reward items, in which case, such fees will be disclosed to You at the time of Point redemption. Point Redemption for Discounts on Online Purchases: Points may be redeemed for a discount on the cost of blu® products purchased exclusively from blu’s online store accessible on the Website. The blu Rewards Catalog includes conditions for Point redemption such as the number of Points needed to redeem for any discount on the purchase price of blu® products and shipping methods. All conditions on Point redemption set forth in the blu Rewards Catalog are made a part of these Terms and Conditions and incorporated by reference herein. In the event of any inconsistency between the conditions on Point redemption rules in the blu Rewards Catalog and these Terms and Conditions, these Terms and Conditions shall govern. Availability of reward items may vary notwithstanding an item’s appearance in the blu Rewards Catalog (or in Rewards Program materials). We reserve the right, in our sole discretion, to contract, expand or otherwise modify the list of reward items for which Points can be redeemed in the blu Rewards Catalog or the value of Points or conditions for redemption, without prior notice or liability of any kind.
Point Redemption for bluNation Retail Coupons:
Points are redeemable for bluNation Retail Coupons in increments of 500 Points, except where prohibited as explained in the next paragraph. , We may modify the number of Points required for redemption for a bluNation Retail Coupon at any time by notifying Members as set forth below.
Due to local legal restrictions on coupons for discounts on e-cigarettes and related vaping products, points cannot be redeemed for bluNation Retail Coupons by Members who are residents of the following jurisdictions: MASSACHUSETTS; NEW JERSEY; NEW YORK; BELLEVUE, NE; BENNINGTON, NE; LA VISTA, NE; PROVIDENCE, RI; and KING COUNTY, WA. The legal landscape is constantly changing, and other jurisdictions not listed in the preceding sentence may have imposed similar restrictions since the date these Terms and Conditions were last updated. IF YOU ARE A RESIDENT OF ONE OF THESE JURISDICTIONS, YOU WILL NOT BE ALLOWED TO REDEEM POINTS FOR BLUNATION RETAIL COUPONS; AND, AS SUCH, THE OFFER OF BLUNATION RETAIL COUPONS IS NOT INTENDED AS A REWARD FOR YOU.
bluNation Retail Coupons will be shipped free of charge via first class United States Postal Service mail to the Member’s to the mailing address provided by the Member when redeeming points. The Member is solely responsible for providing a valid, correct mailing address in order to complete the redemption of Points for bluNation Retail Coupon(s). All bluNation Retail Coupon(s) will be shipped within ten (10) business days of blu’s validation of the redemption request. If a redemption request results in the issuance of multiple bluNation Retail Coupons, such coupons may be shipped together or separately in blu’s sole discretion. No changes to a shipping or email addresses may be made after an order for a reward item has been submitted. BLU DISCLAIMS ANY AND ALL LIABILITY FOR LATE, LOST, DAMAGED, DELAYED, OR OTHERWISE MISDELIVERED MAIL OR FOR BLUNATION RETAIL COUPONS RETURNED AS UNDELIVERABLE MAIL FOR ANY REASON, AND IN ANY SUCH EVENT THE BLUNATION RETAIL COUPONS WILL BE DEEMED VOID AND WILL NOT BE REPLACED. Members must notify blu of any alleged defect in a bluNation Retail Coupon within seven (7) days of receipt and, blu, in its sole discretion, may elect to replace the Coupon (if blu determines that it is not appropriate to replace the coupon, blu will have no liability or obligation to such Member for the allegedly defective Coupon). bluNation Retail Coupons are redeemable at participating retail establishments where blu® products are sold in the Member’s jurisdiction, in accordance with the terms and conditions of use indicated on the Coupon, which terms and conditions are incorporated herein by reference and made a part of these Terms and Conditions. In the event of any inconsistency between the bluNation Retail Coupon terms and conditions and these Terms and Conditions, these Terms and Conditions shall control.
ACTIVE ACCOUNTS / FORFEITURE OF POINTS WHEN ACCOUNT GOES INACTIVE
To keep an Account active, Members must engage in one of the following three specified activities at least once every 180 days: 1) Making a purchase on a qualifying blu® product on the Website (www.blu.com) using your bluNation Account; 2) Redeeming points for a Reward; or 3) Uploading a bluNation code to add points to your Account. If a Member fails to engage in at least one of the three activities specified above during any consecutive 180-day period, all redeemable Points in the Account shall be deemed forfeited. No cash refunds or other exchanges will be allowed for forfeited Points that have been removed from an Account based upon inactivity. PLEASE NOTE: NOT ALL POINTS-EARNING ACTIVITIES THAT RESULT IN THE RECEIPT OF POINTS QUALIFY AS POINTS-EARNING ACTIVITIES REQUIRED TO KEEP A MEMBER’S BLUNATION REWARDS ACCOUNT ACTIVE. YOU MUST ENGAGE IN ONE OF THE THREE ACTIVITIES SPECIFIED ABOVE AT LEAST ONCE EVERY 180 DAYS TO KEEP YOUR ACCOUNT ACTIVE AND AVOID YOUR POINTS EXPIRING. blu may, at its sole discretion, send you notifications as a courtesy to remind you that your Redeemable Points will expire upon the one hundred eightieth day of inactivity. blu is not obligated to send such a notification and disclaims any liability for errors contained in communications (for example, inaccuracy as to Point total). It is your sole responsibility to monitor your Account, and to track Points earned and determine whether (or not) such Points qualify as Points-Earning Activities necessary to keep your Account active. blu further reserves the right to update a Member’s Point total at any time prior to redemption of Points without notice or liability of any kind. If a Member continues to keep his or her Account active by engaging in one of the three activities specified above at least once every 180 days, then such Member’s redeemable Points DO NOT expire.
OTHER IMPORTANT INFORMATION YOU SHOULD KNOW:
You acknowledge and agree that: (a) Points have no "real world" or cash value. To the extent your participation in the Rewards Program is subject to any federal, state or local tax laws, You are responsible for any required reporting and/or payment. (b) Members have no property right or ownership interest in Points, which at all times remain the sole property of blu. (c) Points accumulated in your Account are personal to You and have no purpose or use except in exchange for benefits (rewards) offered by blu via the Rewards Program as per these Terms and Conditions. Points may not be sold, transferred (by operation of law or otherwise) assigned to or redeemed by another Member or shared with family, friends or other persons or used by you for any commercial or business purpose. Any attempt to transfer Points in any manner may result in suspension or termination of your Account and future ineligibility to create or participate in any similar program offered by blu or its affiliates. (d) Rewards offered for the redemption of Points may be time-limited or available only in limited quantities, as well as being subject to other conditions/criteria indicated by blu at the time of Point redemption on the Rewards Program page or in the Rewards Catalog. (e) Points may only be used in the Rewards Program in accordance with these Terms and Conditions and cannot be redeemed or transferred by You to any other program (whether or not such other program is offered by blu). (f) Rewards Program Accounts, Points or Reward items may not be used for any unlawful purpose or in connection with any unlawful activity. (g) Should a Member’s bluNation® Rewards Account and/or registration at blu.com be terminated by blu for any reason (including , without limitation, fraudulent activity as discussed below), all Points previously accrued by such Member shall be forfeited without compensation, and blu shall have no liability or obligation to such individual.
TERMINATION OF THE REWARDS PROGRAM
The Rewards Program may be terminated by blu at any time, for any reason, in which case blu shall endeavor to provide four (4) weeks’ advance notice of termination of the Program. In the event of termination, Members will have an additional four (4) weeks from the Rewards Program termination date to redeem their Points for reward items and/or bluNation Retail Coupons (where lawful).
GOVERNING LAW / JURISDICTION
By registering for blu.com and creating a bluNation® Rewards Account, you understand and agree, to the fullest extent permitted by law, that (a) the Rewards Program and these Terms and Conditions are subject to the laws of the State of North Carolina without regard to the choice of law/conflict of law principles of North Carolina (or of any other jurisdiction which would result in the application of such jurisdiction’s law); (b) any dispute, action or claim regarding the Rewards Program must be brought exclusively in the U.S. District Court for the Western District of North Carolina or in North Carolina state court located in Charlotte, North Carolina; (c) as well as agreeing to the jurisdiction of such courts, you expressly waive any claim or inconvenient forum, change of venue or the like; (d) that any such dispute/action/claim will be brought individually and not as part of a class action; and (e) your recovery in any such dispute/action/claim shall be limited to your actual costs incurred in participating in the Rewards Program, with all other damages or other forms of recovery being expressly waived. Should this or any other section of these Terms and Conditions be deemed by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be stricken and replaced with a substitute provision which is valid and enforceable and most closely approximates the original intent of blu. The invalidity/unenforceability of one provision shall not affect any other provision of these Terms and Conditions.
LIMITATION OF LIABILITY BLU IS NOT RESPONSIBLE FOR (I) ANY INCOMPLETE, INCORRECT OR INACCURATE REGISTRATION OR ACCOUNT INFORMATION, WHETHER CAUSED BY TAMPERING, HACKING, EQUIPMENT MALFUNCTION/FAILURE OR OTHER CAUSE; (II) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSIONS INVOLVING WEBSITE REGISTRATION OR ACCOUNT CREATION; COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, REGISTRATION/ACCOUNT CREATION MATERIALS OR POINTS; (III) ANY PROBLEMS OR TECHNICAL MALFUNCTIONS, DISRUPTIONS OR FAILURES OF ANY KIND, INCLUDING THE FUNCTIONALITY OF TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS OR PROVIDERS, SOFTWARE OR PROGRAMMING, OR FOR DAMAGE TO MEMBER’S COMPUTER OR THE COMPUTER OF ANY OTHER PERSON (OR THE INFORMATION STORED ON ANY SUCH COMPUTER) DUE TO PARTICIPATION OR ATTEMPTED PARTICIPATION IN THE REWARDS PROGRAM; (IV) ERRORS OF ANY KIND IN REWARDS PROGRAM MATERIALS AND/OR BLU.COM REGARDING THE REWARDS PROGRAM; (V) UNDELIVERABLE, LATE, LOST OR MISDIRECTED SHIPMENTS OF REWARD ITEMS OR BLUNATION RETAIL COUPONS (OR ABILITY TO REDEEM POINTS FOR BLUNATION RETAIL COUPONS) DUE TO AN INCOMPLETE, INACCURATE OR OUT-OF-DATE SHIPMENT ADDRESS; OR (VI) ANY NON-DELIVERY, DAMAGE, DEFECT OR ANY OTHER PROBLEM ASSOCIATED WITH ANY MERCHANDISE, GIFT CARDS, SERVICES OR OTHER REWARD ITEMS THAT MAY PERIODICALLY BE OFFERED OR MADE AVAILABLE FOR PURCHASE FROM THIRD PARTY MERCHANTS OR RETAILERS THROUGH THE REWARDS PROGRAM. IN NO EVENT SHALL BLU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE REWARDS PROGRAM, ANY THIRD-PARTY MERCHANDISE OR SERVICES OFFERED BY A MERCHANT PARTNER OR SERVICE PROVIDER THROUGH THE REWARDS PROGRAM OR ANY INFORMATION PROVIDED IN CONJUNCTION WITH THE REWARDS PROGRAM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. RELEASE BY PARTICIPATING IN THE REWARDS PROGRAM, MEMBER AGREES TO RELEASE AND HOLD HARMLESS BLU, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY LOSSES, DAMAGES, RIGHTS, CLAIM OR CAUSE OF ACTION OF ANY KIND ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF PARTICIPATION IN THE REWARDS PROGRAM OR RESULTING DIRECTLY, INDIRECTLY FORM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY ITEM GIVEN IN CONNECTION WITH THE REWARDS PROGRAM, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
FRAUDULENT, UNAUTHORIZED OR UNLAWFUL ACTIVITIES
We reserve the right, without notice of any kind, to suspend, deactivate, disable, terminate and/or remove a Member’s Account if we determine in our sole discretion that a person (a Member or any other person) has violated these Terms and Conditions in any way, has engaged in suspicious or fraudulent account activity, or has engaged in any unlawful activity in any way related to the Account. Suspicious or fraudulent activity includes, but is not limited to, using any script, bot or other software application that runs automated tasks to perform tasks to simulate compliance with the requirements of these Terms and Conditions for the purpose of earning Points or creating multiple accounts. Any deactivation/disabling/removal of a Member’s account shall in no way limit or prejudice any other remedies blu may have under any agreement or applicable law or regulation NOT represent the sole remedy available to blu in the event suspicious or fraudulent conduct by an individual; and, blu expressly reserves the right to pursue all available legal recourse in such event.
If Points are redeemed for a discount on a blu® product, the blu® product purchased will be subject to the Return Policy set forth in the Website Terms and Conditions.
HOW TO CONTACT US
If you have any questions or comments about the Terms and Conditions of the Rewards Program, please click here or write to us at: Fontem US, LLC Attn: Customer Service - bluNation Rewards Fontem US LLC, 714 Green Valley Road, Greensboro, NC 27408
or call Customer Service at: 1-888-207-4588 (toll free).
TRADEMARKS blu® and bluNation® are trademarks of Fontem US LLC.