The Hot Wheels® Race Rewards™ Loyalty Program
Terms and Conditions
Welcome to the Hot Wheels® Race Rewards™ Loyalty Program (“Program”) sponsored by Mattel, Inc. (“Sponsor”, “we”, “our” or "us"). Your use of the Program and/or the Program websites (each, a “Website”) is subject at all times to these Terms and Conditions (“Terms”) and all applicable laws, rules and regulations. Please read these Terms and the Sponsor’s Privacy Statement http://corporate.mattel.com/privacy-statement.aspx carefully before using the Program or the Websites. In these Terms, “Member”, “user” or “you” means any person accessing or using the Program and the Website(s).
By registering for, accessing and/or using the Program or the Website(s) in any manner whatsoever, you acknowledge that you have read, understood and agree to be bound by these Terms, the Privacy Statement, and all other applicable operating rules, policies and/or procedures that may be published by us from time to time on the Website, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. It is important to check the Terms periodically for any updates.
If you are not eligible for the Program, or you do not agree to these Terms, then please do not use the Program and/or Website(s).
1. ELIGIBILITY. To be eligible for the Program, you must be a legal resident of the fifty (50) United States or District of Columbia and over 18 years of age. Upon registration you will be automatically enrolled in Program. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Program account for the purpose of accumulating points for combined use. You must provide true, accurate and complete information as required, and you must keep your account information up to date at all times. You may not create an account using another person’s name or information, including email address and/or phone number. You are solely responsible for the activity that occurs on your account and for keeping your account password secure. You may never use another person’s account or registration information for the Program without permission. You must notify us immediately of any breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. You shall have the ability to delete your account by emailing email@example.com.
2. PROGRAM AND PROGRAM POINTS. Once you have become a Member, you can begin earning points through the Program (“Points”). Points can be redeemed for certain Program rewards (“Rewards”), and are earned through various eligible activities. Program ends on December 31, 2013. Complete details and descriptions of eligible Program activities, how to earn Points in the Program, Point values for each activity, and Points needed to redeem certain Rewards will be provided on all of the Program Websites. Note that eligible activities and the Point values for activities are subject to change at any time in Sponsor’s sole discretion, but no change will be considered effective until such changes have been published on the Websites. Points remaining in a Member’s account balance more than 60 days after Program end date will not be valid for redemption.
Eligible activities may include (but shall not be limited to) the following: i) Purchasing eligible products or services, ii) Posting reviews of products, iii) Reviewing product materials and/or information; iv) Referring friends to the Program; and v) Registering for certain Sponsor services. You expressly agree that Sponsor shall not be responsible for the loss of any Points and/or Rewards you earn through the Program, regardless of monetary value, in the event there is any catastrophic data or server error, criminal act, vandalism, cyber-attack or other events which make it impossible for Sponsor to determine the Point totals for any account or accounts.
3. PROGRAM ACCOUNT. Sponsor may, in its sole and absolute discretion, including if we believe you are in breach of these Terms, suspend, terminate, change, or modify your account, and/or aspect of the Program, Points, Rewards, and/or redemptions at any time, including your access to the Program or the availability of any Reward, without notice. Sponsor reserves the right to adjudicate all Points discrepancies in its sole discretion, and the Members agree to abide with any such adjudication. Points will be posted to a Member’s account balance immediately following successful submission of a valid receipt from a participating Walmart retail location containing participating SKUs, and will be immediately available for redemption. Information on current and available Program Rewards, Program offers, and eligible activities will be located on the Website(s). Earning Points through purchase shall require Member to photograph and upload a copy of Member’s purchase receipt to the Website. Receipt images must be uploaded within thirty (30) days of the in-store transaction to be eligible to earn Points. Purchases made after Program ends will not be eligible. No receipt images will be accepted after January 31, 2014. Receipt images uploaded to the Website which are not clearly legible, do not list eligible items, and/or do not contain all four corners of the receipt may not be eligible for Points or Rewards. The same receipt may NOT be uploaded more than once. Sponsor may freeze or eliminate Member’s account if fraudulent activity is suspected and/or if purchase receipts submitted are not directly related to Member’s own shopping activity. Specifically, Member may NOT submit receipts resulting from purchases not made by Member. Receipts uploaded to the Website will not be viewable by the public, and shall be used solely for the purpose of verifying eligible purchases. Sponsor may freeze or terminate a Member’s account after three (3) consecutive months of inactivity, in Sponsor’s sole discretion. If you violate any of the provisions contained in these Terms, Sponsor reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Program. You agree that Sponsor need not provide you notice before terminating or suspending your account(s). Any account or accounts that are terminated shall be deemed null and void and any and all information relating to such account(s) shall revert to or become the sole property of Sponsor, including but not limited to Program Points and/or Rewards, regardless of monetary value. Notwithstanding the foregoing, except if due to your negligence or breach, termination of your account will not affect any Points you have earned prior to termination, or your ability to redeem those Points for Rewards. Points cannot be converted to cash however, and any Points not redeemed with one month of termination shall be deemed void. Sponsor reserves the right to refuse access to the Program and/or Websites without notice for any reason, including, but not limited to, a violation of the Terms. You agree that Sponsor may discontinue the Program or change the content or nature of the Program at any time, for any reason, with or without notice to you, without liability. If we make changes that materially affect your use of a Program or the Websites, we will post a notice of the change on the Websites. You are under an obligation to review the updated, current version of these Terms and other published Sponsor policies before using the Program.
4. POINTS REDEMPTION. Points may be redeemed for Rewards. A description of the Rewards available in the Program, and the Points needed to redeem such Rewards, will be available in the Rewards catalog found on the Website. Rewards are available only while supplies last and quantities may be limited. Sponsor may change at any time the Rewards available in Sponsor’s online catalog without notice. Member will not be able to redeem Points for a Reward if Member has insufficient Points for such Reward. Any items received as a result of a redemption of Points may not be exchanged or returned for cash or credit. Rewards will be shipped within 60 days of approval of reward redemption requests.
5. REWARD CONDITIONS. The Program and/or the Rewards are void where prohibited by law. If a Reward becomes unavailable, Sponsor may substitute a prize of equal or greater value. Rewards are not redeemable for cash. Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Members may not assign or transfer any Rewards. Other than as stated expressly on Sponsor’s merchandise, Sponsor makes no warranty in any respect as to any Rewards, merchandise or service available within the Program. All matters concerning the delivery and/or fulfillment of the Rewards are solely between the Member and the Program administrator supplying the Reward. Sponsor makes no warranties or representations whatsoever with regard to any goods or services provided by the entity supplying the Reward.
6. MEMBER CONTENT AND LICENSE. All content added, created, uploaded, submitted, distributed, or posted to the Websites by you, whether publicly posted or privately transmitted, is your sole responsibility. You are solely responsible for your account, password, profile, messages, notes, text, information, opinions, ideas and any other content you post, upload, submit, distribute, publish, or display on or through the Websites, or transmit to or share with other users of the Program or Websites (collectively, the “Member Content”) and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Other than purchase receipts, any Member Content that is posted will not be treated as confidential. Sponsor has the right, but not the obligation, to monitor and decline, edit, or remove (without notice) all or any portion of any Member Content for any reason or no reason. If you are involved in a dispute with one or more Members, you hereby expressly release Sponsor (including its officers, directors, stockholders, affiliates, agents and employees) from all claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute. You may delete or remove your Member Content, either yourself or through a request made to Sponsor. When your Member Content is deleted, it will be removed from the Websites; however, you acknowledge that any removed Member Content may persist in backup copies for a reasonable period of time (but will not be shared with other Members after removal) and may be maintained permanently by Sponsor and shared with law enforcement or others if, in its sole discretion, Sponsor determines that such action is necessary to protect itself, other persons or property.
When you post or otherwise make available any Member Content for inclusion as part of the Program or on any part of the Websites, you are hereby granting Sponsor an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Program or the promotion thereof, in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. You represent and warrant that you have all rights to grant such licenses to us and other users without violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights and that you will not provide any Member Content to which you do not have the full right to grant the license specified in this paragraph. You waive all moral rights in the Member Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that Sponsor is free to exercise its rights to and/or implement your Member Content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person. For clarity, the foregoing license grants to Sponsor and our users do not affect your other ownership or license rights in your Member Content, including the right to grant additional licenses to your Member Content, unless otherwise agreed in writing.
UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY MEMBER CONTENT TO SPONSOR BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING MEMBER CONTENT TO OR THROUGH THE PROGRAM OR WEBSITES, YOU REPRESENT AND WARRANT THAT YOUR MEMBER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO MEMBER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE, OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR MEMBER CONTENT. YOU REPRESENT AND WARRANT TO SPONSOR THAT SPONSOR IS FREE TO USE THE MEMBER CONTENT AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF WE SO DESIRE, AS PROVIDED OR AS MODIFIED BY SPONSOR, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY FURTHER PERMISSION FROM YOU OR COMPENSATION TO YOU.
7. THIRD PARTY WEBSITES/NON-ENDORSEMENT. The Websites may contain links to third-party websites. The linked websites are not under our control, and we are not responsible for the contents of any linked website. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked website. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
8. WARRANTY EXCLUSIONS AND LIMITATIONS OF LIABILITY. Sponsor does not warrant that the Program or Websites will operate error-free or without downtime. Sponsor may pause or interrupt the Program or any of the Websites at any time. Because we do not control the security of the Internet, mobile networks, or other networks you use to access the Program or Websites, Sponsor is not responsible for the security of information that you choose to communicate using the Program or with any of the Websites while it is being transmitted. Additionally, Sponsor is not responsible for any data lost during transmission. You agree not to access (or attempt to access) the Program or Website(s) by any means other than through the interface that we provide, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Program through any automated means (including use of scripts or web crawlers). Furthermore, you agree that you will not engage in any activity that interferes with or disrupts the Program or Website(s) (or the servers and networks which are connected to the Program/Websites), and that should Sponsor suspect such activity, we shall have the right to terminate your account immediately.
SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE PROGRAM, REWARDS AND WEBSITES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE PROGRAM OR WEBSITES; (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM OR THROUGH THE PROGRAM OR WEBSITES; and (v) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE PROGRAM, WEBSITES, AND/OR USE OR MISUSE OF A REWARD. SPONSOR’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE PROGRAM, POINTS, AND/OR REWARDS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A CREDIT OF THE AMOUNT OWED FOR THE POINTS OR REWARD. No advice or information, whether oral or written, obtained by you from Sponsor or through the Program or Websites will create any warranty not expressly stated herein.
9. INDEMNIFICATION. You hereby agree to defend, indemnify, and hold harmless Sponsor, Wal-Mart, Lunchbox, each of their affiliates and each of their respective employees, officers, directors, stockholders, suppliers, affiliates, contractors, agents and successors, from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Program, Website(s), your Member Content, violation of these Terms, or violation by you or any third party using your account or identity in the Program, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
10. RESOLUTION OF DISPUTES/ARBITRATION. These Terms shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules. While we will make every reasonable efforts to resolve any disagreements you may have with us, if these efforts fail you agree that all claims, disputes or controversies against Sponsor, its parent companies, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors arising out of these Terms, the Program, the Website(s), the purchase, sale and/or redemption of any Sponsor goods or services, Rewards, or the content, display or disclosure of any Rewards (“Claims”) are subject to fixed and binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Sponsor agree in writing, and the arbitrator shall apply California law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate claims in arbitration by or against other user or to arbitrate any claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them.
American Arbitration Association JAMS
800-778-7879 (toll-free) 800-352-5267 (toll-free)
Website: www.adr.org Website: www.jamsadr.com
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your Member account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any claim or cause of action you have with respect to use of the Program or Websites must be commenced within one (1) year after the claim arises. You and Sponsor hereby voluntarily and knowingly waive any right either may have to a jury trial.
a. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
b. Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
c. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
d. Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and sent to:
- If by electronic notice to: firstname.lastname@example.org
- If by personal delivery or certified or registered mail or by recognized overnight delivery service to:
2920 South Sepulveda Blvd
Los Angeles, CA 90064
e. No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
f. Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
These Terms are effective and were last updated on August 1, 2013.