TERMS & CONDITIONS
- This Loyalty Program (the “Program”) is sponsored by Gild Corporation, an Arkansas corporation, doing business as “Macadoodles” (the “Company). These Terms and Conditions (these “Terms”) set forth the terms and conditions by which a qualified person may enroll in the Program and the terms and conditions by which the Program may be administered.
- By enrolling in the Program, you (i) represent that you are 21 years of age or older; (ii) are a legal resident of the United States of America; and (iii) agree to these Terms. Participation in the Program is voluntary. No purchase is necessary to enroll in the Program, but purchases may be required to receive the benefits of the Program.
- The Company reserves the right to refuse participation in the Program by any person at any time, for any reason, and with or without notice. The Program may be terminated at any time, for any reason, and with or without notice.
- A member may cancel his or her membership at any time by contacting the Company as provided in these Terms.
- You can enroll in Program by either requesting participation in person at a participating location of the Company, by completing the application at a participating location of the Company, or by completing the application online.
- When you enroll in the Program your telephone number may be used to identify your participation in the Program (“Participation Number”).
- Participation in the Program is limited to one Participation Number per person and per telephone number and email address. Participation in the Program is non-transferable. Points are not transferable and may not be combined with Points allocated to other persons. Points are not property and may not be transferred to any person including through an estate or otherwise and may not pass to your successors and assigns.
- Access and Updating Account Information
- For information about your participation in the Program, you may contact the Company as provided in these Terms.
- You are responsible for maintaining accurate and updated personal information with respect to the Program. If your personal information changes, or if you wish to change your personal information or the method by which the Company sends you messages (for example, you consent to receiving text messages on your mobile telephone number), you may contact the Company as provided in these Terms.
- Promotional Offers and Other Notices.
- By participating in the Program, you agree to receive promotional offers and other notices regarding the Program and the Company. The Company may send promotional offers and other notices to you using any of the personal information provided by you. You may unsubscribe from promotional offers and other notices via the unsubscribe link in the promotional offers and notices or by contacting the Company as provided in these Terms.
- RECEIVING POINTS
- Receiving Points and Points Expiration
- After enrolling in the Program, when you provide your Participation Number when you shop at a participating location of the Company, you will receive two (2) points (“Points”) for each one U.S. dollar ($1.00) spent on Eligible Purchases except as otherwise provided in these Terms.
- Eligible Purchases may include regular and sale priced merchandise at participating locations of the Company (“Eligible Purchases”). The following items will not be Eligible Purchases: (a) the amount of purchase covered by the redemption of Points; (b) any other coupon or discount voucher; (c) gift cards; (d) sales taxes; (e) deposits; (f) cigarettes; (g) lottery and lotto; (h) beer kegs; (i) gasoline; or (j) other excluded charges specified by the Company from time to time. You may receive Points only with respect to Eligible Purchases.
- Points have no cash or monetary value. Points that are not used within the time permitted by the Company may be forfeited. If you fail to receive Points within the time permitted by the Company, your participation in the Program may be terminated by the Company. The Company may, in its sole and absolute discretion, terminate your participation in the Program if Points are not used or you fail to participate in the Program for a period of eighteen (18) months.
- The calculation of the number of Points you are eligible to receive will be subject to the sole and absolute discretion of the Company and any calculation of the number of Points you are eligible to receive will be conclusive and binding on you.
- Initially you may be recognized with Silver status and Credits are earned at a rate of $0.015 per point. If you accumulate ten thousand (10,000) Points, you may be recognized with Gold status. For customers with Gold status, Credits are earned at a rate of $0.025 per point. Your recognition as Silver or Gold status may permit you to receive other benefits as determined by the Company from time to time in its sole and absolute discretion.
- The Company reserves the right to allocate bonus Points and other benefits to certain persons. The Company reserves the right to add, withdraw, amend, or otherwise modify the terms and conditions of any bonus Points and other benefits.
- ADDITIONAL TERMS
- The Company reserves the right, without limitation, to terminate, change, limit, modify, or cancel the Program, your participation in the Program, the Points received by you, and any other matter regarding the Program at any time, for any reason and with or without notice.
- Your participation in the Program and the Points and other benefits (if any) are offered at the sole and absolute discretion of the Company. The Company reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of these Terms without further obligation, even though such actions may affect the Points accumulated by you and the accumulation of additional Points. The Company may, among other things: (i) increase or decrease the number of Points earned on Eligible Purchases; (ii) increase the minimum or maximum number of Points that may be applied toward purchases; (iii) institute or add blackout dates; and (iv) modify expiration dates; or any other aspect of the Program.
- The Company may amend or modify these Terms at any time, for any reason, and with or without notice. The current version of these Terms will be available through the Website. Your continued participation in the Program or your failure to object to the amended or modified Terms will constitute your acceptance of the amended or modified Terms.
- These Terms contain the entire agreement of you and the Company as to the Program. These Terms supersede all prior or contemporaneous representations, warranties, and covenants of the Parties with respect to the Program whether oral or written or express or implied. These Terms set forth the entire understanding of you and the Company regarding the Program.
- Abuse of the Program, including, but not limited to, failure to follow these Terms or other improper conduct as determined by the Company, in its sole and absolute discretion may result in termination of your participation in the Program and the Points accumulated by you. In addition to any rights and remedies set forth in these Terms, the Company shall be entitled to all rights and remedies available under applicable law.
- The Company reserves the right to interpret and apply the terms and conditions of these Terms. All determinations by the Company shall be final and conclusive in all cases.
- The Company and its officers, directors, employees, and agents (the “Released Parties”) make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to participation in the Program. By participating in the Program, you hereby release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses relating to your participation in the Program. The Released Parties will not be liable for any claims, damages, losses, liabilities, and other expenses of any kind arising out of or in connection with your participation in the Program.
- No person, including without limitation any shareholder, director, officer, incorporator, general or limited partner, member, manager, employee, affiliate, attorney, agent, or representative of the Company shall have any liability or obligation relating to, in connection with, or arising out of the Program. You hereby waive and release any claim that may otherwise be available pursuant to applicable law to avoid, disregard, or pierce the entity form of the Company or to otherwise impose any liability or obligation on the Company.
- The Company can delay enforcing its rights under these Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.
- The Company logo, the Program Logo, and other designs, text, logos, and icons, or other intellectual property are owned by and proprietary to the Company. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Website in any way for any public or commercial purposes, without the Company written permission. Members are authorized to use this material only for personal, non-commercial purposes.
- This Program and these Terms will be governed by and construed under the substantive laws of the State of Arkansas.
- Each term and condition of these Terms shall be severable from all other terms and conditions of these Terms. The invalidity or unenforceability of any term and condition of these Terms shall not affect the validity or enforceability of any other term and condition of these Terms.
- If a dispute arises with respect to these Terms and if the dispute shall not be promptly resolved, the Company and you will endeavor to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration. Any unresolved dispute with respect to these Terms shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You may contact the Company by writing the Company at the address listed below:
53 Macadoodle Ln.
Pineville, MO 64856
by telephone at 417-226-4686
or through the following website https://macadoodles.com/jefferson-city/ (the “Website”).