1. Preferred Commercial Account Program ("PCAP") Rewards membership and its benefits are offered to Qualifying Participants (as defined in Section 2 below) at the discretion of Benjamin Moore ® Co. Benjamin Moore ® Co., the Whapps, LLC "The Program Operator" as defined below and its award suppliers have the right to change, limit, modify or cancel PCAP ("Program") rules, regulations, terms and conditions, policies and procedures, rewards, and reward levels ("Program Rules") at any time, with or without notice, even though such changes may affect the value of Points (as defined in Section 2) already accumulated, the ability to use accumulated Points, or the ability to obtain certain Rewards (as defined in Section 4). Benjamin Moore ® Co., the Program Operator and its award suppliers may, among other things: (a) increase or decrease the number of Points awarded for a Qualifying Transaction (as defined in Section 3 below) or required for a Reward; (b) increase or decrease the maximum number of Points that each Qualifying Participant can earn; (c) withdraw, limit, modify, or cancel any Reward; (d) restrict the continued availability of Rewards; (e) change Program benefits, Rewards suppliers, Rewards delivery timing, conditions of participation, rules for earning, redeeming, retaining, or forfeiting Points, or rules governing the use of Rewards; (f) change or cancel Rewards. The accumulation of Points does not entitle members to any vested rights with respect to Points, Rewards, or Program benefits. In accumulating Points, Qualifying Participants may not rely upon the continued availability of any Reward or Reward level.
2. A "Qualifying Participant" is an individual that: a) resides within the 48 contiguous United States and Alaska and Hawaii; a) is a current PCAP account holder; b) is registered on the Program web site and; c) is designated as the "Primary Account Holder."
3. A "PCAP Reward Point" is a point issued to the Qualifying Participant after minimum payment is made to the participant account minus any fees and finance charges, each a "Qualifying Transaction."
4. PCAP Rewards points ("Points"), which may be redeemed by a Qualifying Participant for PCAP rewards as specified herein and at www.mypaintrewards.com ("Rewards"), are provided for purchases that the Qualifying Participant makes using their PCAP card. Each purchase using the PCAP card entitles the Qualifying Participant to Points based on the following: In-Channel Purchases - when a purchase is made at an authorized Benjamin Moore® retailer, every dollar ($1) spent earns one (1) rewards point ($1 = 1 point). Out-of-Channel Purchases - when a purchase is made at a merchant other than an authorized Benjamin Moore® retailer, every three dollars $3 spent earns one (1) rewards point ($3 = 1 point). Points are accrued to the Qualifying Participant's account as purchases are made. Points are issued once the account holder has made the minimum payment on his or her account.
5. Rewards Redemption Policy
1. Rewards will be shipped within six (6) weeks following receipt of each order. Program Operator shall notify the Qualifying Participant of any delays that may arise which are beyond its reasonable control and in these circumstances, The Program Operator shall provide the Qualifying Participant an opportunity to select an alternate item.
2. The Program Operator reserves the right to make subsequent modifications to The Catalog arising from the unavailability of products listed in The Catalog beyond its reasonable control.
3. The Program Operator shall use its reasonable endeavors to ensure that any replacement item/s are of a similar style and price.
4. Claims by a Qualifying Participant in the PCAP Rewards Program for damage to or failure to receive a redeemed item must be made directly to The Program Operator. A claim for damaged merchandise must be made no later than 30 days after receipt by a Qualifying Participant of the ordered merchandise.
5. Any order for a catalog item canceled or returned by a Qualifying Participant in the Program after the Qualifying Participant's order has been received by the Program Operator and has been shipped to the Qualifying Participant shall be subject to a 20% restocking fee unless it is damaged or defective.
6. Participation in the Program is subject to the Program Rules that Benjamin Moore ® Co. sets forth. Benjamin Moore ® Co. may amend the Program Rules at any time without notice. Benjamin Moore ® Co. has the sole discretion to interpret and apply the Program Rules. In addition to the Program Rules, participation in the Program and the use of Points is subject to any requirements communicated by Benjamin Moore ® Co. and the Program Operator.
7. The accumulation of Points is subject to the Program Rules. Each Qualifying Participant is responsible for reading and agreeing to the Program Rules in order to understand his or her rights, responsibilities, and status in the Program. The ability to track Points online via the Program web site will be made available and periodically updated at Benjamin Moore ® Co.'s sole discretion.
8. The Rewards structure is subject to modification, cancellation, or limitation at Benjamin Moore ® Co.'s discretion, with or without notice. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed at any time. Benjamin Moore ® Co. shall endeavor to ship the Reward to a location that has been designated by the Qualifying Participant within the United States within six (6) weeks from the date Points are validly redeemed by a Qualifying Participant and shall not be liable for any delays, loss or damage caused by such delivery. If the Reward is received by the Qualifying Participant and is defective, whether from shipping or the manufacturer, and is within 30 days from receipt of the Reward, it will be replaced at no additional cost to the Qualifying Participant. Warranty claims must be addressed directly with the Rewards manufacturer.
9. Benjamin Moore ® Co. has the right to end the Program by providing written notice to Qualifying Participants.
10. After registering for the Program using a valid e-mail address, a password will be established for each applicant. Upon completing the online registration, a Qualifying Participant will become eligible to redeem their Points via the Program web site.
11. The terms and conditions of the applicable Rewards supplier(s) shall apply to the Rewards received from such supplier. Acceptance, use and transferability of the Reward is subject to such terms and conditions.
12. Qualifying Participants, from time to time, and at the sole discretion of Benjamin Moore ® Co, may be entered into the Spin ® Win Promotion Sweepstakes for each Qualifying purchase ("Sweepstakes"). Participating in the Sweepstakes is subject to the rules specified at www.mypaintrewards.com. Such rules also specify a means of entry in the Sweepstakes other than by joining the Program.
13. Points and Rewards earned through participating in the Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Benjamin Moore ® Co. Points or Rewards is the responsibility of the Qualifying Participant.
14. In the case of fraud or abuse involving Rewards, Point credit, or Reward use, Benjamin Moore ® Co. and Program Operator have the right to take appropriate administrative and/or legal action, and all Points earned through the Rewards Program may be forfeited and the account closed. If any information is provided that is untrue, inaccurate, not current or incomplete, or the Benjamin Moore ® Co. and Program Operator has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Benjamin Moore ® Co. and Program Operator has the right to terminate such account and refuse any and all current or future access to, or use of the Program. Membership in the Rewards Program, including any Points that may have been issued to a Qualifying Participant, may be revoked or suspended at Benjamin Moore ® Co.'s sole discretion.
15. The awarding of Points and the redemption of Points is subject to all applicable federal, state and local laws and regulations and void where prohibited by law.
16. The Program is operated by Whapps, LLC, a limited liability company dba Online-Rewards ("Program Operator") located at 3102 Maple Ave, Suite #450 Dallas, Texas 75201.
17. Only individuals that have an approved Preferred Commercial Account are eligible to be a Qualifying Participant, and each Qualifying Participant may maintain only one account. Program is limited to one Qualifying Participant per e-mail address.
18. Accrued Points do not constitute property of the Qualifying Participant and have no value. Points accrued by a Qualifying Participant are for the Qualifying Participant's benefit only and may not be transferred to anyone, including a legal spouse and shall become void if transferred. Points are awarded to the primary account holder, as deemed on the Program application, unless otherwise noted.
19. Respecting privacy is a priority for Benjamin Moore ® Co. However, in order to keep Qualifying Participants apprised of Program status, it is important that Benjamin Moore ® Co. sends certain Program information that may include periodic statements of your account and other information necessary for administration; printed or email marketing materials from Benjamin Moore ® Co. (including Benjamin Moore ® Co. Rewards program information). Participant transactional information will be transmitted by GreenSky Trade Credit, LLC to the Program Operator for the purpose of managing the issuance of Points in the Program. As a Qualifying Participant in the Program you have consented to receive information from Benjamin Moore ® Co. and its rewards suppliers throughout the duration of the Program.
20. The Program shall be governed by, and construed in accordance with the laws of the State of New Jersey.
21. By participating in the Program, each Qualifying Participant agrees that any Reward is provided upon the condition that the Reward supplier, the Program Operator, Benjamin Moore ® Co. , and their respective agencies or employees will have no liability whatsoever for any injuries, losses or damages of any kind resulting from the acceptance, possession or use of the Reward. The Program Operator, Benjamin Moore ® Co. and their Rewards suppliers expressly disclaim any responsibility and each Qualifying Participant hereby agrees to release and to hold the Program Operator, Benjamin Moore ® Co. and their Rewards suppliers (and their respective employees, officers, directors, shareholders, agents, marketing partners and affiliates) harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Program or resulting from the delivery, acceptance and/or subsequent use or misuse of any Reward, including without limitation, personal injury, death and property damage, and claims based on publicity rights, defamation or invasion of privacy. The Program Operator, Benjamin Moore ® Co. and their Rewards suppliers and their subsidiaries, participating vendors, distributors, marketing partners and affiliated entities are not responsible for (i) any condition caused by events beyond the control of The Program Operator, Benjamin Moore ® Co. and their Rewards suppliers that may cause the Program to be disrupted or corrupted; (ii) any injuries, losses, or damages of any kind caused by a Reward or resulting from acceptance, possession, use, or misuse of the Reward, or from participation in the Program; or (iii) any printing or typographical errors in any materials associated with the Program or Rewards.
22. Qualifying Participants grant Benjamin Moore ® Co. and its agents and assignees, full permission and authority to use, publish, and display Qualifying Participant's name, voice, photograph or other likeness, as well as identifying information such as the name of Qualifying Participant, for advertising or other related purposes in any media without additional compensation.
23. UNDER NO CIRCUMSTANCES SHALL BENJAMIN MOORE ® CO. NOR THE PROGRAM OPERATOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBLILITY OF SUCH DAMAGES), ARISING FROM THE PROGRAM OR THE USE OF OR INABILITY TO USE ANY REWARD. Each Qualifying Participant accepts all responsibility for, and hereby indemnifies and holds harmless Benjamin Moore ® Co. and the Program Operator from and against, any actions taken by any user authorized to use the Qualifying Participant's Program account, including but not limited to accrual of Program points, redemption of points, and disclosure of passwords to third parties. Each Qualifying Participant hereby releases Benjamin Moore ® Co., the Program Operator and all their affiliates from any and all liability regarding the redemption of points, use of merchandise, or other participation in the Program.