A. Introduction & Overview
The Jackpot Spirits & Palms Casino Resort Redemption Program (the “Program”) is a program sponsored by Jackpot Spirits, LLC (the “Sponsor”) and the Palms Casino Resort (the “Redemption Partner”) through which individuals can redeem a code (the “Redemption Code”) located on caps of bottles of Jackpot Vodka (the “Redemption Product”) for resort credit (“Resort Credit”) at the Palms Casino Resort in Las Vegas, Nevada. Individuals may redeem codes from Redemption Products at www.jackpotvodka.com (the “Jackpot Website”) by setting up an account and enrolling for membership in Club Palms, the Redemption Partner’s rewards program. Once a participant registers the Redemption Code and enrolls as a Club Palms member, he or she will receive Resort Credit for use at the Redemption Partner, as described in detail below. Eligibility for Club Palms membership and the use of Resort Credit is ultimately subject to the rules and discretion of the Redemption Partner, the terms and conditions of which may be found at www.palms.com (the “Palms Website”).
1. The Program is open to legal residents of the United States who are twenty-one (21) years of age or older. The Program is void where prohibited by law.
2. Officers, employees, and representatives of wholesalers or retailers of Jackpot Vodka may not participate in the Program.
3. Employees of the Palms Casino Resort may not participate in the Program.
The Program is scheduled to begin on November 15, 2014 and is scheduled to end at 11:59 p.m. PT on May 15, 2016 (the “Redemption Period”). However, the Sponsor and Redemption Partner reserve the right to shorten, extend, suspend, modify, or cancel the Program at any time, at their discretion. At the end of the Redemption Period, participants will forfeit any Resort Credit accumulated in his or her Account which has not been redeemed or used with the Redemption Partner, without compensation, unless the Program is extended. If the Program is terminated prior to the end of the Redemption Period, the Sponsor will announce the revised termination date on the Jackpot Website.
D. Program Enrollment and Club Palms Membership
1. Individuals who are twenty-one (21) years of age or older and meet the eligibility requirements and may enroll in the Program at the Jackpot Website. Enrollment in the Program is required in order to register the Redemption Code. To enroll and become a member (“Member”), click on the “Create a new account” link on the top of the webpage and follow the instructions to create an account (“Account”). By creating an Account, a Member will also automatically be enrolled in the Club Palms rewards program. If the Member is already enrolled in Club Palms, he or she will still need to create an Account through the Jackpot Website in order to register the Redemption Code(s).
2. Members must physically present themselves at the site of the Redemption Partner and complete their enrollment in the Club Palms rewards program in order to receive Resort Credit. Members must physically present themselves at the Redemption Partner’s Club Palms service counter each time they wish to receive Resort Credit for a Redemption Code they have registered through their online Account with the Jackpot Website. A Member’s participation in the Program and use of Resort Credit is subject to all terms, conditions, rules, requirements, and/or limitations of the Club Palms rewards program. Details regarding the Club Palms rewards program may be found here: www.palms.com/club-palms
3. Enrollment in the Program is limited to one (1) Account per person. Individuals must have a unique, valid email address to in order to create an Account. The individual who is the authorized email account holder of the email address submitted upon registration must provide his or her name, date of birth, and zip code when registering for an Account and will be deemed to be the Member. If the Member does not provide the required information, or if his or her email address is deemed to be invalid, the Sponsor reserves the right to invalidate the entry, and/or to terminate the Account, in its sole discretion.
4. The amount of Resort Credit collected by each Member will be recorded and tracked in the Member’s Account. As part of the redemption process, a Member will receive a confirmation email when a Redemption Code has been successfully entered, and when applicable, a Club Palms membership number. Confirmation emails will be sent to the email address on file in the Member’s Account. Each Member is responsible for ensuring the accuracy of his or her Account. Each Member is responsible for ensuring that the mailing address and the email address associated with his/her Account is current and accurate. Any changes to an Account can only be made by the Member to who registered the Account. Neither the Sponsor nor the Redemption Partner are responsible for the Member's inability to access his or her Account, or the non-receipt of Resort Credit due to the Member’s provision of incorrect or inaccurate information, or the Member’s failure to keep his or her Account information current.
E. Entering Redemption Codes
1. A Member may register Redemption Codes from Redemption Products at the Jackpot Website during the Redemption Period.
2. Redemption Codes can be located on the bottle cap of the Redemption Products. A Member can visit the Jackpot Website during the Redemption Period and follow the instructions to either create an Account or sign-in to an existing Account, and then register the Redemption Codes.
3. Once you create an Account through the Jackpot Website, upon registration of a valid Redemption Code, the Sponsor will send notification to the Redemption Partner to enroll the Member in the Redemption Partner’s Club Palms rewards program. It may take the Redemption Partner up to one (1) business day to receive notification and to process the Member’s enrollment in the Club Palms rewards program. A Member must then personally appear at the Redemption Partner’s Club Palms service counter to complete his or her enrollment in the Club Palms rewards program, which is required in order to receive Resort Credit. If a Member is already enrolled in the Club Palms rewards program, he or she must still personally appear at the Redemption Partner’s Club Palms service counter in order to receive Resort Credit for each Redemption Code registered through the Jackpot Website.
4. The Sponsor and Redemption Partner reserve the right to change or revoke the amount of Resort Credit redeemed by a Member at any time during the Program.
5. Redemption Codes may only be registered one (1) time. A Member cannot redeem more than one (1) Redemption Code for Resort Credit with the Redemption Partner during any consecutive twenty-four (24) hour period. For example, if a Member has registered two (2) Redemption Codes through their Account with the Jackpot Website, the Member may appear at the Redemption Partner’s Club Palms service counter to receive Resort Credit for the first Redemption Code registered, but then must wait at least twenty-four (24) hours before appearing again at the Redemption Partner’s Club Palms service counter to receive Resort Credit for the second Redemption Code registered.
6. Individuals may not purchase or otherwise acquire Redemption Codes from third parties. Individuals may not obtain Redemption Codes from others to be combined for deposit into a single Account. Redemption Codes are nontransferable by any means, so individuals may not sell, bequeath or transfer Redemption Codes to others. Individuals may not organize, direct, or allow individuals to use a single Account for the purpose of accumulating Resort Credit for combined use. Any attempt by a Member to combine or transfer Redemption Codes and/or Resort Credit will result in the Member’s disqualification from the Program and revocation of all of the Member's Redemption Codes and/or Resort Credit. Sponsor reserves the right to take any and all action it deems appropriate, in its sole discretion, in the event that it believes, in its sole discretion, that any Member has violated any of these Terms and Conditions.
7. Once a Member inputs a Redemption Code, validation of the Redemption Code will be subject to verification by the Sponsor, whose decisions on the validity of the Redemption Codes are final and binding. Redemption Codes are void if (a) not obtained in accordance with these Terms and Conditions and through legitimate channels; (b) any part of the code or the packaging or Redemption Product on which the Redemption Code is printed is counterfeit, altered, defective, tampered with, or irregular in any way; or (c) obtained as the result of a sale or transfer which the Sponsor, in its sole discretion, determines to be in violation of these Terms and Conditions and/or the objectives of the Program. The Sponsor will not notify the Redemption Partner of the registration of the Redemption Code until after the Sponsor’s verification process is complete. The Sponsor and Redemption Partner reserve the right to take as much time as they deem necessary, in their sole discretion, to verify the Redemption Code, before awarding any Resort Credit to a Member.
8. If a Member believes that a Redemption Code was not properly credited to his or her Account, the Member must notify the Sponsor by using one of the communication methods listed on the Jackpot Website (found at https://www.jackpotvodka.com/help), within fifteen (15) days of the date when the Member first attempted to enter the Redemption Code.
9. The Sponsor reserves the right to request proof that the Redemption Code was obtained by the Member in compliance with these Terms and Conditions. The Sponsor reserves the right to revoke any Resort Credit which may appear in a Member’s online Account, if the Sponsor believes, in its sole discretion, that the Redemption Code(s) cannot be properly verified or was not obtained in accordance with these Terms and Conditions. The Sponsor’s decisions regarding the validity of Redemption Codes are final and binding.
F. Resort Credit
1. As described in these Terms and Conditions, Redemption Codes may be redeemed for Resort Credit at the Redemption Partner. A Member will not receive Resort Credit for a registered Redemption Code until he or she personally appears at the Redemption Partner’s Club Palms service counter and is actually given the Resort Credit. The use of Resort Credit and the eligibility of Resort Credit for specific activities shall be governed by the terms, conditions, rules, requirements, and/or limitations of the Redemption Partner, and is not the responsibility of the Sponsor. Any and all issues, concerns, or disputes regarding Resort Credit shall be governed by the terms, conditions, rules, requirements, and/or limitations of the Redemption Partner, and are subject to the Redemption Partner’s decision and discretion.
2. The Sponsor and Redemption Partner reserve the right to modify the value of the Resort Credit at any time during the Redemption Period. All redemptions and Resort Credit are subject to these Terms and Conditions, as well as all the terms, conditions, rules, requirements, and/or limitations of the Redemption Partner. Any Resort Credit which a Member has not redeemed or used by the end of the Redemption Period will be forfeited, unless the Program is extended or otherwise modified.
The Sponsor and Redemption Partner reserve the right to modify any of the Terms and Conditions set forth herein, at any time, without notice, even though these changes may affect a Member’s ability to accrue or use Resort Credit. A Member’s continued participation in the Program constitutes the Member’s acceptance of any changes to these Terms and Conditions. Members are responsible for remaining knowledgeable of any changes that the Sponsor may make to the Terms and Conditions of the Program. If the Terms and Conditions of the Program are modified, the Sponsor will update these Terms and Conditions on the Jackpot Website.
The Sponsor and Redemption Partner reserve the right to terminate or temporarily suspend the Program at any time, for any reason, without notice, even though termination may affect a Member’s ability to register, accrue, or use Redemption Codes and/or Resort Credit. In the event of an early termination to the Program, a Member will have thirty (30) days from the date of the announcement of the Program’s termination to register any Redemption Codes and receive and use the Resort Credit. If the Program expires as scheduled, a Member will have until the end of the Redemption Period to register Redemption Codes and use the Resort Credit.
I. General Terms and Conditions
1. Redemption Codes have no cash value and are subject to these Terms and Conditions.
2. Resort Credit has no cash value and is only eligible for use at the Redemption Partner. The eligibility and use of Resort Credit shall be governed by the terms, conditions, rules, requirements, and/or limitations of the Redemption Partner.
3. The Sponsor and Redemption Partner reserve the right to revoke the membership of any Member who engages in any fraudulent activity or who uses the Program in a manner inconsistent with these Terms and Conditions or in violation of any federal, state or local, laws, statutes, or ordinances. Revocation of membership may result in the loss of all Redemption Codes and/or Resort Credit accumulated by the Member. Furthermore, the Sponsor and Redemption Partner shall have the right to take any appropriate administrative and/or legal action, including criminal prosecution, as they deem necessary, in their sole discretion.
4. The Sponsor and Redemption Partner reserve the right to rescind any and all Redemption Codes and/or Resort Credit credited to a Member’s Account or awarded to a Member which was obtained as a result of fraudulent activity or technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program.
5. Redemption Codes and/or Resort Credit may be revoked at any time by the Sponsor or Redemption Partner, as set forth in these Terms and Conditions. A Member’s Resort Credit may not be transferred or assigned or anyone else. All questions or disputes regarding an individual’s eligibility for the Program, or a Member’s compliance with these Terms and Conditions, will be resolved by the Sponsor and the Redemption Partner, in their sole discretion.
6. A Member is responsible for the declaration and payment of all taxes which may result from the registration of Redemption Code(s) and any Resort Credit received as part of the Program.
J. Limitation of Liability
1. Neither the Sponsor or the Redemption Partner shall be responsible for the incorrect or inaccurate transcription of Program information, for problems related to any of the equipment or programming associated with the Program or utilized by the Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Jackpot Website or other online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging on a Redemption Product, neither the Sponsor, the Redemption Partner, nor their respective related companies, parents, subsidiaries, affiliates, successors, assigns, officers, directors, employees, shareholders, and respective agents and their agencies, promotional agencies, and service providers, suppliers and other companies involved in the development, production, or execution of the Program (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR RESORT CREDIT OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR OR REDEMPTION PARTNER IMPROPERLY DENY A MEMBER REGISTRATION OF A REDEMPTION CODE AND/OR ANY RESORT CREDIT, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF RESORT CREDIT. By participating in the program, a Member waives any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
2. The Sponsor, its joint ventures, officers, directors, employees, shareholders, promotional agencies, agents, successors, assigns, and service providers, are not responsible for any products, services, gaming results or outcomes, or other activities associated with the Redemption Codes and/or Resort Credit offered by the Redemption Partner. TO THE FULLEST EXTENT ALLOWABLE BY LAW, JACKPOT SPIRITS LLC, ITS JOINT VENTURES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE RESORT CREDIT AND/OR SERVICES AND PRODUCTS OFFERED BY THE REDEMPTION PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
3. As a condition of participating in this Program, each Member agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Resort Credit obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by Nevada law and within the courts of the State of Nevada. Arbitration will take place in Las Vegas, Nevada; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (c) under no circumstances will any Member be permitted to seek recovery for, and Member hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and Member waives any and all rights to have damages multiplied or otherwise increased.
4. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of a Member and the Sponsor in connection with the Program, shall be governed by and construed in accordance with, the laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Nevada.
5. These Terms and Conditions constitute the entire agreement between Program participants and the Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.