DVLUP REWARDS PROGRAM TERMS AND CONDITIONS
VOID WHERE PROHIBITED. SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE REWARDS PROGRAM IN ANY MANNER, IN WHOLE OR PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE POINTS ALREADY ACCUMULATED.
2. ELIGIBILITY AND REGISTRATION
The Rewards Program is open only to individuals who are legal residents of one of the fifty (50) United States, the District of Columbia, or Canada (excluding Quebec) who are of legal age of majority in their state (19 in Nebraska and Alabama, 18 in all other US states) or province/territory of residence at the time of entry. No groups, clubs or organizations may participate in the Rewards Program on behalf of their respective entity. In order to participate in the Rewards Program you must register at http://www.dvlup.com (the “Website”). Follow the on-screen instructions and register for an account (“Account) in the Rewards Program. Each individual is limited to only one (1) Account.
3.1. OBTAINING POINTS
When you participate in the Rewards Program, you have the ability to complete predetermined activities (e.g., complete a profile, attend an event, participate in the community, complete a task, complete a challenge) listed on the Website in exchange for points (“Points”). The number of Points that may be earned for any activity will be specified at the time that activity appears on the Website. Your participation in any activity is subject to the respective activity terms located on the Website, in addition to these Rewards Program terms. You will not receive Points until you have completed the specific activity, and your participation in the activity and compliance with applicable terms has been verified by the Sponsor. In addition, Sponsor reserves the right to provide special offers from time to time where it may be possible to earn Points in a manner not contemplated currently under these Rewards Program terms. In such event, these Rewards Program terms will apply to such special offers, along with any additional terms and conditions that are presented at such time. Eligible Point activities may be available for a limited time, and Sponsor reserves the right to amend or remove any activity, or to adjust the number of Points associated with it, at any time.
3.2. VERIFICATION OF ACTIVITY FOR POINTS
All activity to earn Points is subject to verification at the sole discretion of Sponsor. Points will be voided if: (a) the underlying activity to earn Points fails to pass anti-fraud detection measures; (b) Sponsor, in its sole discretion, determines the Points are unauthorized or illegitimately obtained; (c) activity done to earn the Points contains unauthorized messages, code or other marking not permitted by Sponsor; or (d) the request submitted for Points is defective, contains printing or other mechanical errors, is printed or produced in error, or is illegible, unreadable or blank.
3.3. REDEEMING POINTS
Sponsor may make awards available through the Rewards Program that you may receive (while supplies last) by redeeming your Points on the Website. Each award item has a required number of Points for redemption as stated on the Website. You cannot redeem Points for awards unless you have a Point balance in your Account that equals or exceeds the number of Points required to redeem the award you wish to order. To redeem your Points, browse the Website, select the award you wish to order, follow the instructions and provide all required information on the order form page. Once your order has been submitted, the required number of Points for the selected award will be deducted from your Account. After Points have been redeemed for an award, they may not be returned or refunded to your Account for any reason, including if the award item is damaged, stolen or lost during shipping. In addition, no Point redemption will be valid if such redemption is associated with any Point deemed void for any reason, including without limitation, the following: (a) Point is not verified or recognized as being validly issued by Sponsor in the Rewards Program; (b) Point is determined to be previously entered and used; (c) Point is incorrectly or incompletely entered or submitted; or (d) Point is otherwise void. Notwithstanding the foregoing, Sponsor may, at its sole discretion and without obligation, elect to replace an illegible Point with another Point if deemed appropriate by Sponsor upon your request. Except as expressly stated above, Sponsor will have no liability or obligation with respect to any void Point.
3.4. RESTRICTIONS ON POINTS; MONITORING
Points may not be combined from different Accounts for any purpose. You have the responsibility of ensuring that your Points are properly credited. Sponsor reserves the right to invalidate Points from your Account if Sponsor determines that such Points were improperly credited to your Account or obtained fraudulently. Points do not constitute property, do not entitle you to a vested right or interest, and have no cash value. Points are not redeemable for cash, transferable to another person or Account, and are not assignable for any reason.
3.5. EXPIRATION OF POINTS
You must earn Points at least once every 12 months in order to retain your Points. If your Account has no qualifying activity in any 12-month period, all Points in your Account will expire. Each qualifying activity you complete extends the expiration date of all unexpired Points in your Account for another 12 months from the date of the qualifying activity. Qualifying activity is defined as receiving Points for completing activities listed on the Website.
4.1. SHIPMENT OF AWARDS
In most cases, awards will be shipped and/or delivered within 4-6 weeks from receipt of your order, unless otherwise stated on the Website. All gift card awards will be delivered electronically via email to the email address that you specify on the order form page, or through the Website using other electronic means. All physical awards will ship to the physical address that you specify on the order form page. Sponsor is responsible for shipping costs. No P.O. boxes are allowed. Awards will only be shipped to physical addresses within the United States or Canada. No responsibility is assumed by Sponsor for gift card fulfillment email returned as undeliverable. No responsibility is assumed by Sponsor for any mail or UPS deliveries returned as undeliverable without a forwarding address. No responsibility is assumed by Sponsor for any award after it has been shipped.
4.2. AVAILABILITY OF AWARDS
The awards available on the Website are subject to change without notice and are available only while supplies last. Sponsor, in its sole discretion, reserves the right (without obligation) to substitute awards of greater or equal value in the event supplies of any one item are exhausted. Sponsor reserves the right to amend the number of Points that must be redeemed for any award that may be made available on the Website. No exchanges, returns or refunds on awards permitted.
All applicable taxes (including, but not limited to, federal, state and local income taxes) related to any awards you receive are your sole responsibility to report and pay. Sponsor does not bear any responsibility for any of your personal taxes and other mandatory contributions or obligations. Sponsor does not provide tax consultation, or cover the cost of such consultation by an outside service provider. Please be aware that if you work and/or live in more than one country, you may be liable for taxes in each respective country. Individual circumstances vary and tax laws change, so you should consult an independent tax expert (at your own expense) to be sure of your personal tax situation. If you reside in the United States, you will be required to complete an IRS W9 tax form and provide your Social Security Number in the event you redeem Points for a single award, or cumulative awards in a given calendar year, with a total value of $600.00 or more for tax reporting purposes. If you reside in the United States and receive awards valued at $600.00 or more during any calendar year, you will be issued an IRS 1099 tax form.
Failure to comply with these Rewards Program terms may result in disqualification from Points or awards, and may affect your Account. Sponsor reserves the right at its sole discretion to disqualify any individual from participating in any aspect of the Rewards Program, and/or may cancel, suspend, ban or block any Account registered by such person if Sponsor deems or suspects that person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Rewards Program terms, or the terms of the Website or any Points offer; or (b) damaging, tampering with or corrupting the operation of the Rewards Program; (c) acting with intent to annoy, harass or abuse any other person; (d) using of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; (e) attempting to enter void Points in one or more Accounts, as determined by Sponsor; (f) demonstrating unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, or potentially fraudulent behavior or activity; or (g) conducting activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Rewards Program.
7. LIMITATION OF LIABILITY
No responsibility or liability is assumed by the Sponsor (including its officers, employees, agents, administrator) for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Website: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or other communication problems; disruptions, errors or limitations of any Internet service providers or wireless carriers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text transmissions to be sent or received; lost, late, delayed or intercepted e-mail or text transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet, Website; unauthorized human or non-human intervention of the operation of the Rewards Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Rewards Program, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Rewards Program.
Sponsor is not responsible for any typographical or printing errors in issuing Points, or official rules, or Rewards Program terms, or any inaccurate or incorrect data contained on the Website, or any personal injury or property damage or losses of any kind which may be sustained by you or any other person's computer equipment resulting from online participation in the Rewards Program, or use of or download of any information from the Website. Sponsor is not responsible for any products and/or services offered as awards on the Website by other participating companies.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
As a condition of your participation in the Rewards Program, you agree to release Sponsor and Rewards Program Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Website, submitting an entry or otherwise participating in any aspect of the Rewards Program, the receipt, ownership or use of any awards, or while preparing for, participating in or traveling to or from any prize-related activity (if applicable) or any typographical or other error in these Rewards Program Terms. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance award, except for any express manufacturer’s warranty as may be included with the prize. Winner bears all risk of loss or damage to awards. Except for residents of Tennessee, and where prohibited by law, winners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Website, and any Sponsor web sites the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.
9. MODIFICATION; TERMINATION.
Sponsor may, in its sole discretion, change the Rewards Program rules, regulations, awards, offers, and means of obtaining Points at any time with or without notice. Sponsor reserves the right to end the Rewards Program with 90 days’ prior notice. This means that the accumulation of Points does not entitle you to any vested rights with respect to such Points credit, awards or Rewards Program benefits. In accumulating Points or awards, you may not rely upon the continued availability of any award or award level, and you may not be able to obtain all offered awards. Any award may be withdrawn or subject to increased Points requirement or new restrictions at any time. Sponsor may, among other things: (a) withdraw, limit, modify, or cancel any award; (b) change program benefits, Point levels, participant affiliations, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules for the use of awards; or (c) add award embargo dates, or otherwise restrict the continued availability of awards or special offers. Sponsor may make any one or more of these changes at any time even though such changes may affect your ability to use the Points or awards that you have already accumulated.
If for any reason Sponsor determines in its sole discretion that the Rewards Program is no longer capable of running as intended for any reason whatsoever, Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Rewards Program in whole or in part, including without limitation, any means of entry, at any time if any aspect of the Rewards Program is not capable of running as planned or as intended for any reason whatsoever, including but not limited to, any issues which may corrupt or impair the integrity, security, fairness or proper conduct of the Rewards Program, as determined by Sponsor in its sole discretion. No additional Points will be available to be earned after any announced Rewards Program end date. In such event, eligible participants must redeem their Points within 90 days of the posted Rewards Program end date.
10. Governing Law; Jurisdiction; Arbitration
10.1. US RESIDENTS
For residents of the United States, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rewards Program terms, or the rights and obligations of the entrant and Sponsor in connection with the Rewards Program, will be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than New York. Any dispute, controversy or claim arising out of or relating to the Rewards Program including any question regarding its interpretation, validity, breach or termination or the relationship created by it will be referred to and finally resolved by arbitration under the American Arbitration Association. The arbitration will be conducted in the Borough of Manhattan, New York City, New York. The award will be final and binding on the parties. Where reference to the courts is necessary, the parties hereby submit to the non-exclusive jurisdiction of the state and federal courts located in the Borough of Manhattan, New York City, New York. The parties undertake and agree that all arbitral proceedings conducted will be kept strictly confidential and all information disclosed in the course of such arbitral proceeding will be used solely for the purpose of those proceedings. Notwithstanding the foregoing, nothing in these terms will be deemed to limit the parties' rights to seek interim injunctive relief or to enforce an arbitration award in any court of law.
10.2. CANADIAN RESIDENTS
For residents of Canada, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rewards Program terms, or the rights and obligations of the entrant and Sponsor in connection with the Rewards Program, will be governed by, and construed in accordance with, the laws of the Province of Ontario, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario. Any dispute, controversy or claim arising out of or relating to the Rewards Program including any question regarding its interpretation, validity, breach or termination or the relationship created by it will be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules. The place of the arbitration will be conducted in the city of Toronto. The award will be final and binding on the parties. Where reference to the courts is necessary, the parties hereby submit to the non-exclusive jurisdiction of the courts located in the Province of Ontario. The parties undertake and agree that all arbitral proceedings conducted will be kept strictly confidential and all information disclosed in the course of such arbitral proceeding will be used solely for the purpose of those proceedings. Notwithstanding the foregoing, nothing in these terms will be deemed to limit the parties' rights to seek interim injunctive relief or to enforce an arbitration award in any court of law.
11. WAIVER & SEVERABILITY
In the event that any provision in these Rewards Program terms is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these terms. Sponsor’s failure to enforce any term of these Rewards Program terms shall not constitute a waiver of that or any other provision.
12. SPONSOR AND ADMINISTRATOR
The Sponsor of the Rewards Program is Nokia Inc., 200 South Matilda Avenue, Sunnyvale, CA 94086. The Administrator of the Rewards Program is Tic Toc Inc., 4228 N. Central Expressway, Suite 200, Dallas, TX 75206.