Below are the Reward (“Reward”) terms and conditions (“Terms”). Please read them carefully and retain them for your records. By purchasing the Reward, you (“You” or “Your”) agree to abide by the Terms. The Terms are subject to change without notice and supersede any and all previous terms and conditions with respect to the subject matter hereof.
Please note Rewards expire and may be subject to certain fees. See Reward Fees/Expiration below for further details.
Promotional Reward Program. Rewards are issued by Energy Earth, LLC (“EE Incentives”) and distributed exclusively to businesses in connection with a U.S.A. loyalty, award or promotional program (such as customer acquisition and retention, rewarding employees, and/or customer loyalty). Rewards are not sold to individual consumers and may only redeemed by the customer or employee receiving the Reward. The value of each Reward is shown on the face of the Reward. You acknowledge that the Reward will only be given to customers or employees as a reward (“Reward Recipients”) and that no consideration, value or money has been paid by your customer or employee in exchange for the Reward. You acknowledge expired Rewards revert to EE Incentives, and as a result, there are no additional charges to You for items such as program management, fulfillment, and customer service. EE Incentives reserves the right to suspend and/or terminate Your ability to issue Rewards if we reasonably believe Rewards are being issued or redeemed in a manner inconsistent with these Reward Terms.
Redemption Method. Rewards are not legal tender, have no cash value, and are not redeemable for cash unless required by applicable law. Rewards do not create nor infer, express or implied, a contractual relationship, an agreement, or an offer for a contract or agreement. Rewards can only be exchanged for those redemption options (“Redemption Options”) listed on the website address stated on the face of the Reward. Reward Recipients may apply Rewards toward a Redemption Option, or combination of multiple Redemption Options, of greater value than the face value of a Reward by either combining multiple Rewards or by using a separate form of payment (e.g., debit card, credit card) to complete the redemption checkout process. Rewards are not refundable or reusable once redeemed. Rewards are one-time use only. Any remaining balance at time of checkout will be forfeited (subject to applicable law). Rewards are issued solely for loyalty, award or promotional purposes.
Redemption Process. Rewards are only redeemable through EE Incentives marketing services for EE Incentives Redemption Options in the U.S.A. Reward redemptions will be processed within ten (10) business days. Most redemption selections will be delivered within 7-10 business days. If selections have not been received selection after ten (10) business days, customer service may be contacted at customercare@eeincentives.com. Live agent customer service is available at 1-855-510-6994 Monday through Friday between 9:00 a.m. and 5:00 p.m. (Eastern Time).
Redemption Options. Redemption Options may include energy saving products, stored value cards, or other options which may be arranged through third party merchants from time to time. If a Reward is redeemed for a stored value card, there may be additional charges assessed for items such as lost/stolen or dormant cards. Redemption Options may be subject to additional specified terms and conditions as required by third party merchants. Reward Recipients should become familiar with all terms and conditions that apply to each Redemption Option. Questions concerning any additional terms of a Redemption Option may be directed to customer service prior to redemption. Redemption Options are subject to change and are only available while supplies last. If a Redemption Option is discontinued, reasonable efforts will be made to offer a substitute of equivalent or better quality. EE Incentives is not liable in any way for any services or goods received from a third party merchant, including without limitation, any defective goods or services, the failure of the merchant to honor the Redemption Option or the bankruptcy or other liquidation of the merchant.
Reward Delivery by Messaging. Some Rewards may be eligible for delivery by SMS, MMS, Chat or WhatsApp messaging (“Messaging”). If you choose Messaging as a Reward delivery option, You acknowledge You have obtained proper consent from Reward Recipients to allow Rewards to be delivered via Messaging.
Reward Fees/Expiration. EE Incentives is not responsible or liable for, and is under no obligation to re-issue a Reward that is lost, damaged or stolen, unless required by applicable law. Re-issuance will be subject to terms and conditions established by EE Incentives and will occur only upon deduction of a $2.50 replacement fee from the current value of the Reward. Certain Redemption Options (e.g. prepaid cards) may be assessed an additional processing fee which will be clearly stated on the website prior to checkout. Each Reward expires on the expiration date stated on the front of the Reward, and any remaining value associated with the Reward is forfeited on the expiration date.
Taxes. EE Incentives will charge taxes where required by law. Reward Recipients are solely responsible for the payment of any tax, including but not limited to, sales tax, use tax, personal income tax or other similar taxes that may be generated as a result of receiving and/or redeeming a Reward, and such taxes may be added to the purchase price of Redemption Options. Notwithstanding the foregoing sentences, as between EE Incentives and You, EE Incentives is not responsible for the payment of any tax, including but not limited to, sales tax, employment tax, personal income tax or other similar taxes that may be generated as a result of the issuance of Reward Cards to Your customers or employees.
Disclaimers and Exclusions. EE Incentives does not represent or warrant the accuracy, reliability, quality or content of any information, service or merchandise provided by the EE Incentives service, or that the website, the EE Incentives service or its use will be uninterrupted or free of inaccuracies or errors. EE Incentives makes no warranties other than those made expressly in these Terms, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. EE Incentives will not be liable to You, Reward Recipients or any third party for any consequential, incidental, indirect, punitive or special damages arising out of, relating to or connected with the use of the EE Incentives service and/or the website, based on any cause of action, even if advised of the possibility of such damages.
Intellectual Property. You agree that You shall have no rights to or interests in EE Incentives’ Intellectual Property. For the purposes of these Terms, “Intellectual Property” includes any proprietary know-how, software, trademarks, service marks, logos, trade dress, copyrights, patented and unpatented inventions, discoveries, trade secrets, information, reports, methods, practices, designs, processes, procedures, ideas, documentation, business plans, services, or databases developed, conceived or used by EE Incentives. You grant to EE Incentives a non-exclusive, royalty-free license during the Term of this Agreement to utilize Your Intellectual Property solely as necessary to allow EE Incentives to perform its obligations under these Terms.
Miscellaneous. You agree to defend, indemnify and hold harmless EE Incentives, its affiliates, successors and assigns, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use, delivery and/or redemption of Rewards; Messaging; use of the website and/or the EE Incentives service. EE Incentives may assign the Terms to a third party at any time without notice to You. The Terms are not assignable or transferable by You without the prior written consent of EE Incentives. The Terms supersede all prior terms and conditions. No failure or delay by a party in exercising any right, power or privilege under the Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other, or further exercise thereof or the exercise of any other such right, power, or privilege.
Governing Law. The Terms will be governed by the laws of the State of Tennessee, without regard to conflict of law principles. Whenever possible, each provision shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision is held to be invalid, illegal or unenforceable under any applicable law or rule, the validity, legality and enforceability of the other provisions herein will not be affected or impaired thereby. The Terms, or any portion thereof, shall be subject to applicable law and void where prohibited by law.
