TERMS AND CONDITIONS FOR THE EARNDIT
THE REWARDS PROGRAM
The Earndit Rewards Program (the “Rewards
Program”) is the rewards and loyalty program of Earndit, Inc (“Earndit”)
that is utilized to promote certain consumer activities both offline
and online through the distribution of Earndit Points (as defined below).
The Rewards Program is accessible to Registered Participants (as defined
below) via the Site.
The Rewards Program is offered by Earndit
in conjunction with certain Earndit Reward Partners (as defined below)
which may include brands, manufacturers, retailers, and other third
parties. When an individual enrolls in the Rewards Program by any means,
directly with Earndit or via any Earndit Partner, such individual will
be deemed to have acknowledged and agreed to these Terms and Conditions
(as may be updated by Earndit from time to time). These Terms and Conditions
govern both the Rewards Program and the use by Registered Participants
of the portions of the Site accessible only to Registered Participants.
1. "Account" means a record
kept by Earndit of the Registered Participant's accrued balance of Earndit
Points as well as account credits and debits by the Participant and
any data about the account that may be collected from the user or from
third-parties. Each Account will have a unique account number assigned
2. "Good Standing" means the
Participant (i) has registered, and accepted these Terms and Conditions,
in the Rewards Program, (ii) has not terminated his/her participation
in the Rewards Program, (iii) has not been determined by Earndit to
have engaged in any practices deliberately conducted in an attempt to
accrue and/or redeem Earndit Points in any way that is not consistent
with the rules or intent of the Rewards Program, (iv) has either earned
or redeemed Points in the previous twelve (12) months, and (v) is not
in default under these Terms and Conditions.
3. "Registered Participant"
means an individual adult who has registered in the Rewards Program.
4. "Earndit Points” represent
a point value awarded to the Account for Qualifying Exercise and other
Reward Earning Behavior. Earndit Points are, at all times, the
property of Earndit.
5. "Qualifying Exercise and Reward
Earning Behavior" means engaging in any specific actions offered
by Earndit as a reward earning opportunity for which the participant
receives Earndit Points.
6. "Reward(s)" are issued by
Earndit’s Reward Partners and may be tendered to Registered Participant
in the form of electronic promotion codes, offline reward mailers, goods,
services or they may be transmitted through a combination of these means
or in gift certificate format by the Partner or by Earndit. Registered
Participants may receive Rewards redeeming Earndit Points as per the
terms and conditions described at the Earndit website for each Reward
7. "Reward Partners" are entities
and individuals that provide and/or honor Rewards. The list of participating
Reward Partners is subject to change at any time, and specific Rewards
are not guaranteed to be available at all times. Reward Partners are
not agents, employees, contractors, partners, or subcontractors of Earndit
and the Rewards offered are subject to change from time to time at the
discretion of the Reward Partner and/or Earndit. Participation by any
Reward Partner should not be taken as an endorsement, either express
or implied, of the Rewards Partner or its products or services by any
of the companies that provide exercise tracking technologies or Earndit.
ACCRUING EARNDIT POINTS
1. To register for the Earndit Rewards
Programs, an individual must enroll to activate by visiting this Site
and following the instructions for activating an Account.
2. Eligibility to accrue additional Earndit
Points is restricted to Accounts in Good Standing. If the Account ceases
to be in Good Standing, the Registered Participant has twelve (12) months
from the date that the Account ceased to be in Good Standing to redeem
Rewards Points, after which the Rewards Points will terminate and the
Registered Participant will forfeit all accrued Earndit Points.
3. Valid Earndit Points may be used by
Registered Participants for various redemption options that may be made
available by Earndit. Qualification for a given redemption option is
subject to specific conditions that are set in the sole discretion of
Earndit. Such conditions may be adjusted by Earndit at any time.
4. Earndit Points do not constitute property
of the Registered Participant; are not transferable; cannot be combined
with Earndit Points from another Account unless specifically made available
to a Registered Participant under certain conditions that are set by
Earndit; are not redeemable for cash or any other form of currency or
credit; and have no fixed or ascertainable cash value.
REDEEMING EARNDIT POINTS FOR REWARDS
1. Provided that the Account is in Good
Standing, the Registered Participant may redeem Earndit Points for Rewards
through the Site.
2. Rewards (and, if applicable, their
use) are subject to (i) availability, (ii) terms and conditions specified
by the Reward Partners and/or as listed on the actual Rewards, including
expiration dates, and (iii) may be subject to change at any time.
3. Earndit shall determine the total
number of Earndit Points that each Registered Participant must redeem
to obtain a Reward. Some offers may be a onetime offer per Participant.
Offers vary from time to time and availability may be highly limited.
4. Reward Partners or Earndit may, in
their sole discretion, choose to offer Rewards to select groups or individual
Registered Participants. There may be instances where a Registered Participant
is asked for certain information in order to redeem a reward with a
certain Reward Partner. If a Registered Participant declines to answer
a request for such information, it may forfeit its ability to receive
a particular reward.
5. In the event a Rewards Partner refuses
to honor a Reward for any reason, Earndit's sole obligation will be
to credit the Account of the Registered Participant for the number of
Earndit Points that were to be redeemed for the Reward.
6. Except as expressly stated in these
Terms and Conditions, Rewards cannot be returned, exchanged, refunded
or replaced by cash, Earndit Points or other Rewards.
7. Registered Participants must promptly
notify Earndit of (a) any discrepancy in the Rewards; or (b) non-receipt
of Rewards shipment. Upon receipt of such notification, Earndit will
investigate, and may, if appropriate (i) correct such discrepancies;
or (ii) replace any non-received Reward, provided that the Registered
Participant submits a properly completed Affidavit of Lost Shipment
within thirty (30) days of the shipment date (if requested by Earndit).
If Earndit does not receive such notification or such Affidavit within
thirty (30) days, the shipment will be deemed to be satisfactory and
accepted by the Registered Participant.
1. Earndit's collection, use, sharing
and protection of information about the Registered Participant is subject
available on the Earndit website at www.Earndit.com.
2. The Earndit Rewards Programs and these
Terms and Conditions shall be governed and construed in accordance with
federal law and, the laws of the State of Delaware. Any action or proceeding
brought to adjudicate any dispute arising hereunder shall be brought
in the state or federal courts of the County of New York, State of New
3. Earndit will be responsible utilizing
commercially reasonable effort in accurately accounting for accrual
and redemption of Earndit Points. Without limiting the foregoing, Earndit
reserves the right to (a) audit the Account at any time for compliance
with these Terms and Conditions, without notice to the Participant,
and (b) to change accrued Earndit Points totals without notification
if such audit reveals errors, inaccuracies or miscalculations. If the
Registered Participant becomes aware of any discrepancy in their Earndit
Points balances, accruals, redemptions or calculations, the Registered
Participant must notify Earndit promptly, but in no event more than
thirty (30) days after the account balance of a transaction changes
occurs. Otherwise, Earndit Points calculations will be deemed accurate
and the Participant waives any claim for future adjustment or adjudication.
4. The Registered Participant is responsible
for any fees, taxes and charges for any personal or corporate State,
Federal or Provincial tax liability(ies), if any, related to their participation
in any of the Programs.
5. All interpretations of these Terms
and Conditions as well as any other rules and terms of the Programs
provided are done in the sole discretion of Earndit.
6. Earndit may modify, delete from, or
terminate these Terms and Conditions, the Programs, the Programs’
rules, processes, regulations, Reward Partners, and Rewards, and special
offers at any time, with or without notice. Earndit may: (i) change
the amount of Earndit Points in any Account; (ii) change the number
of Earndit Points required to redeem a Reward; (iii) impose caps and/or
fees on Earndit Points earnings and/or on the redemption of Points;
(iv) change the list of Rewards available or the number of Earndit Points
required to obtain a Reward; or (v) cancel any of the Programs without
notice. Your continued use of the Site after any posted modification
to these Terms and Conditions indicates your acceptance of the modification.
7. Any loss, damage, or delay in, or
failure of, performance by Earndit shall not constitute a default under
any of the Programs or give rise to any claim for any damages, except
for damages that by applicable law cannot be disclaimed.
8. These Terms and Conditions shall be
severable such that the invalidity or unenforceability of any portion
or provision of the Terms and Conditions shall in no way affect the
validity or enforceability of any other portion or provision. The balance
of these Terms and Conditions shall be construed and enforced as if
it did not contain such invalid or unenforceable portion or provision.
9. At anytime without prior notice, Earndit
reserves the right in its sole discretion to change the name of its
currency from Earndit Points or to add additional currencies to the
Programs. Earndit also reserves the right to determine the value of
any new currency as compared to Earndit Points (conversion rate). All
current Earndit Points acquired by Participants would automatically
be converted to this new currency.
10. These Terms and Conditions contain
the entire agreement between you and Earndit regarding the use of the
Site, and supersede any prior agreement between you and Earndit on such
11. The failure of Earndit to exercise
or enforce any right or provision of the Terms and Conditions shall
not constitute a waiver of such right or provision.
12. The Site may include links to other
websites (each, a "Third Party Site"). Earndit does not control
or endorse any Third Party Site, and you agree that Earndit is not responsible
for the availability or contents of such Third Party Sites.
13. The Site will be unavailable from
time to time, whether for maintenance or other reasons. Earndit does
not assume any responsibility for any error, omission, interruption,
deletion, delay, communications line failure, theft, destruction or
unauthorized access to any portion of the Site.
14. Earndit reserves the right to exercise
whatever lawful means it deems necessary to prevent unauthorized access
to or use of the Site, including, but not limited to, technological
barriers, IP mapping, and contacting your Internet Service Provider
(ISP) regarding such unauthorized use.
NO STATEMENT, WHETHER ORAL OR WRITTEN,
PROVIDED TO A REGISTERED PARTICIPANT BY EARNDIT, ITS EMPLOYEES, AGENTS
OR PARTNERS SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY
MADE HEREIN. WITHOUT LIMITING THE FOREGOING, EARNDIT MAKES NO REPRESENTATION
OR WARRANTY WITH REGARD TO THIS SITE OR ANY REWARDS, PRODUCTS OR SERVICES
OBTAINED THROUGH THE PROGRAMS OR FROM ANY REWARD PARTNER AND/OR PROVIDER,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, THAT ANY SUCH PRODUCT OR SERVICE WILL MEET
THE REGISTERED PARTICIPANT'S REQUIREMENTS, THAT ANY SUCH PRODUCT OR
SERVICE WILL BE TIMELY, FREE OF ERRORS OR WITHOUT DEFECTS, OR PROVIDED
ON AN UNINTERRUPTED BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES,
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION,
THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED
UNDER APPLICABLE LAW.
Earndit does not assume responsibility
or liability for injury caused by the actions, products, or services
of any Rewards Partner, and will not be liable or responsible for those
performances, guarantees, warranties and representations, if any, offered
by the US Postal Service, any third party service provider, or any Rewards
Earndit is not responsible for any injury
or damage a Registered Participant or any other person may incur as
a result of participation in the Programs, including physical activity.
UNDER NO CIRCUMSTANCES, INCLUDING BUT
NOT LIMITED TO NEGLIGENCE, SHALL EARNDIT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE PROGRAMS OR ANY SUCH OTHER PRODUCTS OR SERVICES, EVEN IF EARNDIT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.