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The effective date of these terms and conditions is: August 29, 2019
The TravisMathew loyalty program in the U.S. ("Program") is brought to you by travisMathew LLC ("TravisMathew" and/or "we" or "us"). The Program is governed by these TravisMathew Loyalty Program Terms & Conditions ("Program Terms"). [We should discuss the entities listed on the site. TravisMathew is the entity listed in the website terms of use, but Callaway is listed as the entity in the privacy policy. By participating in the Program, you agree to these Program Terms.
ARBITRATION OF CLAIMS:
Please read these program terms carefully. they affect your legal rights and require binding arbitration of claims associated with the program, waiving class action claims associated with the program, and waiving the right to trial by jury to the fullest extent permitted by law. you agree that any and all claims or disputes that arise out of or relate to your participation in the program must be resolved through mandatory, binding arbitration, rather than litigation in court. that means that an arbitrator, not a judge or jury, will decide any claim associated with the program. see section 13 below for more details.
The Program is void where prohibited by law.
1. Overview
The Program is a customer-reward program that is available to eligible TravisMathew customers (see Section 2 below for full eligibility details). You can create a Program membership account ("Program Account"):
(i) at any TravisMathew retail store in the United States (ask a store representative to help you begin the process),
(ii) by visiting travismathew.com ("Site") and completing the Program Account registration form
Eligible customers who sign up for a Program Account ("Members") will be able to earn points ("Points") with each Earning Activity (as defined below). When you have earned the requisite amount of Points, those Points will be converted into store rewards ("Reward") that you can use to make Authorized Purchases (as defined below).
2. Eligibility & Registration
The Program is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are the age of majority in their jurisdiction of residence. You must provide us with all required information to register for a Program Account. First name, last name, a valid email address and phone number are required to set up a Program Account. Additional information, such as date of birth and gender are not required. However, you will be able to receive additional Program's benefits should you choose to provide this. There is no cost to enroll and no purchase is necessary to enroll. When you enroll in the Program and create a Program Account, you are agreeing to receive e-mail messages related to the Program from TravisMathew. Members who have opted-out of receiving marketing emails from TravisMathew will still be able to participate in the Program and receive messages about their Program Account (e.g., Points balance, usage, and news about changes to these Program Terms). There is a limit of one (1) Program Account per individual/email address/phone number. You agree that you will not participate in the Program under more than one (1) Program Account. Corporations, groups, and associations are not eligible to register for a Program Account.
You agree you will not sell, transfer or assign your Program Account, any rewards or any membership rights. Points and Rewards are not your personal property, are not descendible, and may not be inherited, bartered, purchased, or sold. For online users, you are responsible for maintaining the confidentiality of any login credentials and for restricting access to your computer (or other device, as applicable) so that others may not access your Program Account.
Points for Earning Purchases at TravisMathew.com or through TravisMathew's call center qualify for Points once all items have shipped, which means that items in the same transaction that are shipped separately will all qualify for Points after the final item(s) have shipped. The timing of Point qualification for Additional Earning Activities may vary, but will appear in your Program Account within approximately thirty (3) business days of your completion of an Additional Earning Activity. You may view your Program Account summary by logging in at TravisMathew.com and navigating to the Rewards Dashboard or by calling our Customer Service team at at 1-877-969-1952.
Tier info
After your points are automatically converted to Rewards, those Points will be removed and [describe how consumers will be notified of availability of the Reward, e.g., the corresponding Rewards will be sent to you via email, and accessible on your Program Account online (or by other means in our sole discretion) approximately 30 days after the conversion OR you will be notified via email of the corresponding Reward, which will be accessible on your Program Account online and at checkout in stores]. If you earn multiple Rewards at a time, they will be combined and included within one (1) email. Rewards will be issued with unique promo codes that can be used in-store, online or through our call center, as described in Section 5 below (each, a "Reward Coupon Code"). [Please revise as appropriate based on the method by which Rewards will be issued to/available to Members.] Each Reward Coupon Code may be used once by the Program Account holder.
Points will be converted on a "first in, first out" basis, such that the first Points earned will be the first Points converted to a Reward. Once converted, your Points balance will be reduced by the number of Points used to obtain the Reward(s). In the event of a return, refund, or credit adjustment results in insufficient Points for the Rewards converted, the conversion may not be fulfilled. If the Reward is fulfilled and we later discover that you did not have sufficient Points for the Rewards in your Points balance, in addition to any other actions we may take, future Points earnings will be applied to the Rewards until such time as sufficient Points are earned to cover the redemption of the Rewards. Points will not be converted into Rewards until you again have a positive balance. Points you earn may not be combined with Points earned by anyone else for purposes of receiving Rewards, or any other purposes. Points earned have no cash value, and cannot be purchased, sold, bartered or redeemed for cash, unless required by applicable law. If Points earned are determined to be unauthorized or fraudulent, you will not earn a Rewards for those Points.
See Exhibit A for current information regarding benefits, how Points are calculated, how many Points must be accrued to earn a Reward, and the value of a Reward. We may change the manner in which Points are calculated, how many Points must be accrued to earn a Reward, and the value of a Reward at any time.
4. Point Expiration; Reward Expiration; Returns & Exchanges; Errors
[For the following, we need some confirmation on the policy of points/rewards expiration. E.g., will only converted Rewards expire after a period of inactivity? And/or will unconverted Points expire? Once we have a better handle on the policy, we can revise to accurately reflect.] if you do not take action to earn points through an earning activity for twelve (12) months, any unused points [or rewards?] in your program account (i.e., points not converted to rewards) will expire [pls confirm this is what is intended, versus, e.g., unused points expiring 12 months after they were earned]. rewards will expire forty-five (45) days after points have been converted to a reward. members will receive a reminder email five (5) days before each reward expires.
If you return a purchase for which you earned Points in accordance with TravisMathew's then current return policy, the Points associated with your Program Account will be reduced by the number of Points equivalent to the amount of the refund you receive. In the event of an even exchange, any Points earned in association with the original purchase will remain. In the event of an exchange of an item of lesser value, the difference in value from your original purchase will be deducted from your Program Account. In the event of an exchange for an item of greater value, any additional expenditure will accrue Points in accordance with these terms. Any new promotional offers in effect at the time of an exchange will not apply, nor modify your Program Account balance.
Our transactional records will be considered conclusive if there is a dispute about the number of Points or the number or value of any Reward earned, redeemed or deducted. You should retain your copy of the receipt(s) and any other document which evidences your Point balance. Call us at [insert phone number] within thirty (30) days from relevant transaction date if you have any questions or concerns about your Points or Rewards.
We accept no liability for any errors in the number of Points or any Reward disclosed to you.
5. Reward Redemption
[For this next section, we made some assumptions on how the redemption process will work, but please review carefully and revise as necessary to reflect the operation of the TravisMathew program.]
Unexpired Rewards may be applied to purchases of TravisMathew merchandise at a TravisMathew retail store in the United States, at TravisMathew.com, or through our call center [confirm], as long as your membership remains effective, and the Reward has not expired (each an "Authorized Purchase"). Rewards cannot be applied to previous purchases, existing special orders, charity items, credit card payments, coupons, layaway items, processing charges, delivery surcharges, shipping and handling, taxes, or state and any other applicable governmental fees. Rewards will be redeemed in United States dollars. Each Reward must be used in one purchase. Any remaining unused amount of a redeemed Reward will be forfeited (and no change will be given). Likewise, the member using a Reward is responsible for all charges in excess of the value of the Reward. TravisMathew store representatives have the right to deny any transaction or reject your use of any Reward in the event of any attempted or actual sale or transfer of any of your Points, Rewards, or your Program Account or misrepresentation or other fraudulent behavior by you.
The Reward will be in addition to other promotional credits or discounts offered at the time of purchase ("Other Rewards"), unless otherwise stated in the Other Rewards. The Reward will be applied after all Other Rewards are applied to the Authorized Purchase. Associates of TravisMathew cannot combine Rewards with an employee discount.
In-Store: To use a Reward when making an Authorized Purchase in one of our retail stores in the United States, you must present a printed/paper or electronic version of your unexpired Reward at the time of purchase. TravisMathew reserves the right to require the person using a Reward to show proof that they are the person associated with the Reward. After using the Reward, the TravisMathew representative will not return the printed/paper copy to you. TravisMathew store representatives have the right to deny any transaction or reject your use of any Reward in the event of any attempted or actual sale or transfer of any of your Points, Rewards, or your Program Account or misrepresentation or other fraudulent behavior by you.
Online: To use a Reward when making an Authorized Purchase on TravisMathew.com, you must enter the code associated with the Reward (the "Reward Code") in the "Promo code" box at checkout. TravisMathew reserves the right to require the person using a Reward to validate that they are the person associated with the Program Account into which the Reward was deposited.
[Delete if inapplicable] Call Center: To use a Reward when making an Authorized Purchase through TravisMathew's call center, you must communicate the Reward Code to the call center agent. TravisMathew reserves the right to require the person using a Reward to validate that they are the person associated with the Program Account into which the Reward was deposited.
You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using Rewards or Other Rewards.
6. Points, Rewards and Program Accounts Are Non-Transferable and Not Redeemable for Cash
Except where required by applicable law, neither Points nor Rewards have any monetary or cash value and they may not be redeemed for cash or, except under the Program, do not have any cash equivalent. Program Accounts and Rewards are non-transferable. Rewards can only be used by the Program Account holder for Authorized Purchases made in-person or online by that Program Account holder.
7. Loss of Points and Rewards; Termination of Your Program Account
In addition to termination of the Program pursuant to Section 8, below, TravisMathew may also revoke your ability to participate in the Program for any of the following reasons, in TravisMathew's sole and absolute discretion: (i) your use of any "bot," macro, script, or other automated, robotic, mechanical, or programmed means to participate in the Program or earn Points or Rewards; (ii) your failure to comply with these Program Terms and any other terms and conditions applicable to the Program; (iii) the attempted or actual sale or transfer of any of your Points, Rewards, or your Program Account; (iv) any misrepresentation or other fraudulent behavior by you; (v) repeated attempts to enter void codes; (vi) creation of multiple or fake Program Accounts; or (vii) any other conduct deemed by TravisMathew, in its sole discretion, to be: an abuse of the Program, detrimental to the interests of TravisMathew or its customers, fraudulent, illegal, or otherwise improper.
If your ability to participate in the Program is revoked, any unused Points or Rewards will automatically expire and your future participation in the Program may be prohibited, in the sole and absolute discretion of TravisMathew.
TravisMathew is not responsible for Points or Rewards that expire, are lost, or are redeemed due to fraudulent activity. Suspected illegal, fraudulent or other unauthorized use or misuse of Points, Rewards, or any other activity inconsistent with these Program Terms may, in the sole and absolute discretion of TravisMathew, result in termination of your participation in the Program. Such termination will result in the loss of all accumulated Points earned and Rewards issued but not yet redeemed.
You agree that TravisMathew's decisions relating to the Program are final.
8. Program Account Closure/Termination
You may elect to close your Program Account at any time by [please provide details, e.g., by calling TravisMathew at ____________________ or emailing TravisMathew at _________________]. Upon any closure or termination of your Program Account, any Points and Rewards associated with your Program Account will automatically expire and be forfeited. If you later elect to re-enroll in the Program, you will not have access to any Points or Rewards associated with your terminated Program Account and your beginning balance of Points and Rewards will be zero (with the exception of any welcome rewards added to your new account).
9. Updating Your Program Account
You may access and update your Program Account information, including your email address at a TravisMathew retail store, by emailing our Customer Service Team at [insert email], or by calling us at [insert phone number]. It is your responsibility to keep your member information current, complete and accurate. You are solely responsible for any and all activities that occur under your Program Account.
10. Member Communication
You may view your membership activity via monthly Program Account status email communications, by logging-in to the Site and viewing your loyalty profile, or by calling our Customer Service Team at [insert phone number]. A current, valid email address is required for a member to receive certain notices in the Program, including without limitation information about certain Additional Earnings Activities.
11. LIABILITY; INDEMNIFICATION
This program is made available to you, on an "as is," "as available" basis, without representations or warranties of any kind, express or implied. to the maximum extent permitted by applicable law, Travismathew llc, and its affiliates, parents and subsidiaries (collectively, the "Travismathew businesses") make no representation about the suitability of the program for any purpose. to the maximum extent permitted by applicable law, the Travismathew businesses shall not have any liability or responsibility for any errors or omissions in the program, for your action or inaction in connection with your participation in the program or for any damage you may incur in connection with the program. your participation in the program is at your own risk. to the maximum extent permitted by applicable law, in no event shall either the Travismathew businesses or their agents or third party providers or licensors be liable for any direct, indirect, incidental or consequential damages arising out of or in any way connected with the program, the delay or inability to participate in the program or otherwise arising in connection with the program, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.
To the maximum extent permitted by applicable law, this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. you specifically acknowledge that Travismathew businesses are not liable for the conduct of other program members. the limitation on damages in this section is not intended to limit the Travismathew businesses' obligation (if any) to pay prevailing party costs or fees, if recoverable pursuant to applicable law. the limitations set forth in this section will not limit or exclude the Travismathew businesses' liability for personal injury or tangible property damage caused by the Travismathew businesses, or for the Travismathew businesses'⬠gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct.
Each member understands and agrees that all rights under section 1542 of the civil code of california and any similar law of any state or territory of the united states are hereby expressly waived by him/her. section 1542 reads as follows:
"General release; extent. a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold the Travismathew businesses harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your participation in the program.
12. Modification of These Program Terms & Termination of the Program
We reserve the right to modify, restrict, suspend, or otherwise change any aspect of the Program, and/or these Program Terms from time-to-time, including without limitation, the eligibility conditions for participation in the Program, the manner in which Members participate, the manner and rates at which Points and Rewards are earned and redeemed, redemption mechanisms, or what constitutes an Earning Activity, with reasonable notice to Members. We will notify you of changes to these Program Terms by posting them to the Site, notifying you by email to the email address then associated with your Program Account, and/or using any other contact information we may have for you. The updated Program Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by TravisMathew. The updated Program Terms will apply to your participation in the Program beginning as of their effective date or upon the occurrence of such other action specified by TravisMathew at the time. Should you not agree to such an amendment, you may cancel your participation in the Program as set out in Section 8. EXCEPT WHERE EXIGENCIES REQUIRE A SHORTER TIMEFRAME, WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM COMPLETELY BY PROVIDING YOU WITH FORTY-FIVE (45) DAYS' WRITTEN NOTICE OF AND INSTRUCTIONS REGARDING THE IMPENDING TERMINATION.
13. APPLICABLE LAW AND DISPUTES
These Program Terms, your rights and obligations, TravisMathew's rights and obligations, and all actions contemplated by these Program Terms, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Program Terms were a contract wholly entered into and wholly performed within the State of California.
Any dispute relating in any way to your participation in or use of the Program or the products you purchase through the Program shall be submitted to confidential arbitration in Orange County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Orange County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Program Terms shall be conducted under the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Program Terms shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
14. Privacy
Information collected about you in connection with your Program Account and the Program is subject to the TravisMathew Privacy Policy, which may be updated from time-to-time. TravisMathew's Privacy Policy can be obtained at: https://beta.travismathew.com/privacy-policy or by sending us an email at [insert email address] and writing "Privacy Policy" in the subject line, or by writing to us at: TravisMathew Privacy Policy, c/o Callaway Golf, 2180 Rutherford Road, Carlsbad, CA 92008.
15. General Information
If any part of these Program Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Program Terms will govern such participation. Our performance under these Program Terms will be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.
TravisMathewââ¬â¢s performance of these Program Terms is subject to applicable existing and future laws and legal process, and nothing contained in these Program Terms is in derogation of TravisMathew's right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by TravisMathew with respect to such participation.
These Program Terms constitute the entire agreement between you and TravisMathew with respect to the Program. These Program Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TravisMathew with respect to this Program. No modification of these Program Terms will be effective unless it is authored by TravisMathew or its affiliates, or unless it is physically signed by a TravisMathew officer. Any alleged waiver of any breach of these Program Terms will not be deemed to be a waiver of any future breach. A printed version of these Program Terms and/or of any notice given by TravisMathew in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Program Terms or your participation in the Program to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by TravisMathew in printed form.
16. Contact Us
If you have any questions about your Program Account or the Program, please contact us at the store where you joined the Program, call us at [insert phone number] or visit the FAQ page on the Site [confirm].
Exhibit A Program Details
This Program offers three (3) different membership tiers: Plus, Preferred and Executive. [How will people find out about the "hidden" tierâ¬â MVP?] Members who meet the spend threshold for Preferred or Executive membership as described below will immediately qualify for the corresponding membership tier. Within each tier, there are additional opportunities to earn Points, as well as special offers and other membership perks.
Points
5 Points for every $1.00 US spent*
500 Points = $5.00 Reward
Rewards are currently issued in five-dollar ($5.00 US) increments. You may use a Reward or group of Rewards that exceeds the overall purchase price of the items at checkout; however, you will forfeit all unused portions of the Rewards used. For example, if you have an overall purchase price of $101, you can use 21 Rewards, but will forfeit the $4.00 remaining on the 21st Reward. [Please confirm the prior explanation of how Rewards work]
*Points are calculated based on the purchase price of the item(s) at the time of purchase, after discounts and coupons and before taxes and fees are applied. [How are points calculated for a purchase of $5.61, for example? Do you round down?]
Program Tiers
Plus: If you make between $0 and $499 in Earning Purchases using your Program Account within a calendar year, you qualify for Plus membership.
Preferred: To qualify for Preferred, you must make between $500 and $999 in Earning Purchases using your Program Account within a calendar year. If you do not make at least $500 in Earning Purchases in the calendar year following the year that you obtained Preferred membership status, the beginning of the next calendar year you will be downgraded to Plus membership.
Executive: To qualify for Executive, you must make at least $1,000 in Earning Purchases using your Program Account within a calendar year. If you do not make at least $1,000 in Earning Purchases in the calendar year following the year that you obtained Executive membership status, the beginning of the next calendar year you will be downgraded to Preferred or Plus membership depending on the amount purchased.
Benefits
In addition to exclusive promotional offers that TravisMathew may offer from time to time as determined in TravisMathew's sole discretion, membership in the Program has the following benefits, some of which are dependent on tier status:
Free shipping to home within the 50 U.S. or DC: The type of shipping to home benefit depends on the membership tier. Plus and Preferred Members are eligible for free ground shipping, while Executive Members are eligible for free two-day shipping. [Is there a min. transaction spend amount for this benefit?]
Free returns: [Please provide more description, e.g., ____ day returns on items purchased using a Member's Program Account. Only available with valid proof of purchase.]
Birthday reward:Members must supply TravisMathew with the month and day of their birthday in their Program Account in order to receive the birthday benefit. The type and value of birthday benefit are within TravisMathew's sole discretion. Accounts opened on the month of your birthday or the month preceding your birthday will begin receiving the birthday benefit the following calendar year. Member will receive an email at the beginning of their birthday month with their offer.
Double Points Day: Preferred and Executive Members will have the opportunity to earn double points for Qualifying Purchases on a designated "Double Points Day." Preferred Members are eligible for one (1) Double Points Day per calendar year in which they are a Preferred Member and Executive Members are eligible for two (2) Double Points Days per calendar year in which they are an Executive Member. The specific day(s) on which this benefit is available is at the sole discretion of TravisMathew, which will notify eligible Members at least ____ days prior to the specific Double Points Day opportunity.
Free gifts: All Members will receive a free welcome gift upon enrolling in the Program [confirm], and Preferred and Executive Members will receive an annual free gift from TravisMathew for years in which they have achieved that tier. The choice of gift is at the sole discretion of TravisMathew. [Or do you want to specify: Preferred Members will receive a free hat and Executive members will receive a free polo shirt. The exact specifications of the free gift are at the sole discretion of TravisMathew.]
Free alterations: Preferred and Executive Members are eligible for free alterations on Earning Purchases. [Please provide additional details, e.g., is this available online? Or only in stores? If online, do Members have to pay for shipping?]
Exclusive access to sales and promotions:
Birthday reward:Members receive opportunities to hear about advance sale notifications, early shopping experiences and more.
Polos
Long-Sleeve Polos
Long-sleeve essentials to help your closet’s seasonal shift.
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