TERMS AND CONDITIONS FOR YELLABUCKSSM CUSTOMER ROYALTY REWARDS PROGRAM
The YellaBucksSM customer royalty rewards program (the “Program”) is designed to reward professional contractors who purchase YellaWood®brand products. The Program is a part of the YellaSource®contractor loyalty program of Great Southern Wood Preserving, Incorporated (“GSW”), which is a comprehensive marketing program directed toward professional contractors.
YellaBucksSMare accrued at a rate of 1.5% of the invoice price (not including taxes, shipping, or other charges and less returns and credits) for purchases of YellaWood®brand products only. Members of the Program are responsible for sending photo copies of receipts for purchases of these products to Great Southern Wood Preserving, Incorporated, Box 610, Abbeville, AL 36310 or e-mail email@example.com. No YellaBucksSMcredits are granted unless GSW receives the Program member’s receipts (or copies of the receipts). All receipts (and copies) must be clear, legible, and complete in GSW’s opinion for the member to receive YellaBucksSMcredits. GSW has the right, but not the obligation, to reasonably investigate any receipts submitted to confirm their accuracy and authenticity. YellaBucksSMare redeemable on theYellaSource.comwebsite for purchases from the YellaSource®Brand Store (the “Brand Store”). One YellaBuck (or portion thereof) equals one dollar (or portion thereof) to be applied toward the purchase of merchandise as priced in the Brand Store. Program members’ YellaBucksSMcredit balances are tracked and shown on the YellaSource®website.
The accumulation and maintenance of YellaBucksSMis subject to the Program rules. Each Program member is responsible for reading the rules and account statements in order to understand his, her, or its rights, responsibilities, and status in the Program, as well as the items in the Brand Store that can be acquired in redemption of YellaBucksSM(such items being the “Rewards” or, individually, a “Reward”).
The specific items used as Rewards, the price of items used as Rewards, and the Rewards structure and percentage credits are subject to modification, cancellation, or limitation at the Company’s discretion without notice. The number of YellaBucksSMrequired to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward may be imposed by the Company at any time, at the Company’s discretion, without notice.
The Company has the right to change, limit, modify or cancel the Program rules at any time, with or without notice, even though such changes may affect the redemption value of YellaBucksSMor the ability to obtain certain Rewards or kinds of Rewards. The Company may, among other things: (a) increase or decrease the number of YellaBucksSMrequired to be redeemed in order to acquire any particular Reward, (b) withdraw, limit, modify, or cancel any Reward, or (c) change Program benefits, terms of participation, rules for earning, redeeming, retaining, or forfeiting YellaBucksSM, or rules governing the use of YellaBucksSMfor Rewards. In accumulating YellaBucksSM, Program participants may not rely upon continued availability of any Reward or Reward level.
Notwithstanding anything else in these terms and conditions to the contrary, the Company has the right to terminate the Program in its entirety by providing written notice to the Program members at least thirty (30) days in advance of Program termination. In that event, the right to earn YellaBucksSMand redeem YellaBucksSMfor Rewards shall end thirty (30) days after notification, no matter the extent of member participation in the Program. The Company may terminate the Program earlier, in whole or in part, in any jurisdictions if required to do so by applicable law.
A professional building contractor may apply for membership in the Program, upon providing GSW with the contractor’s name, address, e-mail address, and phone number. Upon receiving acknowledgement by GSW of its receipt of all required information, an applicant becomes a member eligible to earn YellaBucksSMto be redeemed for Rewards in accordance with the Program rules. The member has the sole responsibility to keep all contact and other information on record with GSW current and accurate at all times. YellaBucksSMare not transferable from a Program member to any other contractor, whether or not a Program member.
Program members must remain active in the Program to retain YellaBucksSMthat they accumulate. YellaBucksSMexpire three (3) years from the date the associated invoice is properly submitted to GSW. While GSW may send reminders to Program members of the upcoming expiration of YellaBucksSM, such notices are provided as a courtesy only. Each member is solely and exclusively responsible for tracking all expiration dates for any YellaBucksSMearned, and GSW is not responsible or liable for the expiration of any YellaBucksSMor for any failure to notify any member in advance of the upcoming expiration of that member’s YellaBucksSM.
Under no circumstances are YellaBucksSMredeemable for cash or any consideration other than Rewards expressly included in the Program. The Program, the award, retention, and use of YellaBucksSM, and the Rewards obtained by a member through the Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of the Program, YellaBucksSM, or Rewards is the sole and exclusive responsibility of the Program member, not the Company.
All Rewards and other goods bought, redeemed, or received through the Brand Store are provided “AS IS” with no representation or warranty. GSW DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS RELATING TO SUCH GOODS AND REWARDS, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GSW is not responsible or liable to any Program member, and each Program member releases and agrees never to bring suit against GSW for, any damages or losses resulting from (a) participation in the Program, (b) errors in the Program’s performance whether within or beyond GSW’s reasonable control, and (c) use of any Reward or other item received from the Brand Store. Each Program member hereby indemnifies and holds GSW harmless from and against any damage, claim, action, cause of action, liability, cost, or expense (including attorneys’ fees) incurred by GSW in connection with, related to, or in association with the member’s (i) fraud, dishonesty, or inaccuracies in connection with its participation in the Program and/or (ii) use of any Reward or other item received from the Brand Store. GSW reserves the right, in its sole discretion, to disqualify from participation in the Program any Program member found to have violated or be violating these Terms and Conditions or to have provided any false, untrue, or inaccurate information, materials, receipts, or statements in connection with the Program. Any YellaBucksSMaccrued by such member shall be immediately cancelled and forfeited upon such disqualification.