Terms & Conditions
PLEASE READ CAREFULLY. By enrolling this program, you agree to the following terms and conditions that govern the Eighty Six Loyalty Rewards Program.
1. Overview of Eighty Six Loyalty Rewards Program
The Eighty Six Loyalty Rewards Program (the “Program”) is a loyalty program sponsored by Eighty Six Group, LLC (collectively “Sponsor”) through which individuals (“Participant(s)”) who have a valid Eighty Six Account ID may earn points (“Point(s)”) that will be credited toward Participant’s Eighty Six Loyalty Rewards Accounts (“Rewards Account”) as set forth herein. Participants may redeem their Points in their Rewards Account through the “Rewards Catalogs” described below.
2. Eligibility and Participation in the Program
- The Program is open to persons at least 21 years of age. Accounts are free, but subject to these Terms and Conditions. If you do not have an Eighty Six Account, visit www.eightysixbrand.com and follow the links and instructions to create an account. NOTE: Your Eighty Six Account profile must include a complete first and last name. If your Eighty Six Account does not meet this requirement, you may be suspended from the Program.
- Registration. To enroll in this Program and thereby create a Rewards Account, Participant is required to register online (www.eightysixbrand.com) with the email address associated with his or her Eighty Six Account, and agree to these Terms and Conditions. Continued participation in the Program constitutes each Participant’s continued full and unconditional agreement to these Program Terms and Conditions, as they may be updated from time to time (“Rules”), and each Participant’s representation that Participant meets the eligibility requirements set out in these Rules. Those who do not comply with these Rules may be prohibited from participating in the Program as determined by Sponsor in its sole discretion. There is a limit of one (1) Rewards Account per person, and a limit of one (1) Rewards Account per e-mail address, regardless of whether more than one person uses the same e-mail address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant.
3. Duration, Modification, and Termination of the Program
- Sponsor also reserves the right to suspend or modify the Program, at its discretion, at any time with or without notice. Termination, modification, or suspension may affect a Participant’s ability to redeem accumulated Points. Participants will be able to redeem Points at any time as set forth in Section 6 below.
- A Participant’s continued participation in the Program constitutes his or her acceptance of any changes to these Rules.
- A Participant may opt out of continued participation in the Program by sending notice to firstname.lastname@example.org of your request to opt out of the Program and forfeit any existing points you have earned as of that date.
4. Earning Points
Earn Points Through Purchase of Eighty Six Products
Sponsor will offer Points for purchase of products available through www.eightysixbrand.com as identified on the product detail page, herein a “Qualified Product.” Products deemed to be Qualified Products may change or be discontinued, at any time and without notice. Participant will earn Points as follows:
- Participant must be logged into their Eighty Six website account prior to checking out with the Qualified Product(s). If Participant is not logged into their Eighty Six website account during the purchase process for a Qualified Product(s), Participant forfeits the ability to request Points at a later time.
- Participant will receive Points based upon the final cost paid at check out of Qualified Product(s). The final cost will be calculated after all discounts, including use of Points to purchase, coupons, promo codes, and gift certificates have been redeemed and will not include shipping, taxes, or other fees, if any. The number of Points that will be earned will be displayed after check out and readily available for view in the Participants’ account.
Sponsor may also offer Points through promotional offer to some or all Participants for limited time periods. These offers may be communicated through the Eighty Six website, its promotional emails, or on social media for limited time periods. Each offer or game will provide details and terms including how to participate and other limitations or restrictions. Sponsor may notify eligible Participants with this special opportunity through the email address associated with their Eighty Six Account.
If a Qualified Product Purchase is returned for any reason after Points have been credited, Sponsor reserves the right to deduct the corresponding Points from Participant’s Rewards Account.
5. Point Value, Forfeiture of Points & Viewing Points
1. No Cash Value or Transferability.
Points do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason. Accordingly, Points are not transferable (a) upon death, (b) as part of a domestic relations matter, (c) from separate Rewards Accounts held by one Participant, or (d) otherwise by operation of law. The sale or transfer of Points is strictly prohibited. Points may not be sold on any secondary market, and any transfer of Points to a secondary market shall be deemed void. Any Points remaining in a Participant’s Rewards Account if the Program is canceled will be forfeited without compensation. There shall be no carry over or transfer of Points to other Sponsor programs, unless otherwise determined by Sponsor in its sole and absolute discretion.
2. Point Expiration
Any unused Points will expire 365 days after the date on which they were earned. Any Points earned on or prior to October 1, 2022, will expire on September 30, 2023.
3. Accrued Points Viewable in Participant’s Rewards Account
The number of Points collected by each Participant will be tracked in the Participant’s Eighty Six Loyalty Rewards Accounts. Points will be credited to Participant’s Rewards Account after (i) transaction confirmation; (ii) the applicable return period has lapsed; and/or (iii) the applicable window has closed. However, each Participant will have the responsibility of ensuring that his or her Points are properly credited. Any claim for Points not credited accurately must be received by Sponsor within seven (7) days of the date of claimed accrual of such Points. Manual issuance of points can take up to sixty (60) days. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Points summaries or Participant Rewards Account. Sponsor reserves the right to invalidate Points from a Participant Rewards Account if it determines that such Points were improperly credited or obtained fraudulently. Sponsor reserves the right to require proof of accrual of Points and Sponsor reserves the right to delay the processing or redemption of Points without notice to Participants in order to assure compliance with these Rules. Participants are responsible for maintaining the confidentiality of their Participant Rewards Accounts and passwords and for restricting access to their Devices and activity on their Participant Rewards Account. Without limiting any other remedies, Sponsor may suspend or terminate a Participant’s Reward Account if Sponsor suspects that a Participant has engaged in fraudulent activity in connected with the Program. Participation in the Program is subject to these Rules, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Rules or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Program, as well as forfeiture of Points accrued to date, all as determined by Sponsor in its sole discretion.
6. Redeeming Points Earned
Points may be used to purchase items available through www.eightysixbrand.com at any time once Points have accrued. The total number of Points Participants can use is the number of Points available in their Rewards Account.
- Sponsor reserves the right to modify the list of items available for purchase with Points, as well as their corresponding Point values, at any time for any reason.
- All purchases made with Points are final, and will result in Points being deducted from Participant’s Rewards Account.
- Partial purchase with Points is not available.
- Sponsor reserves the right to substitute an item advertised with an item of equal or greater value if due to unavailability or for any other reason.
- Except as otherwise provided herein, no refunds will be provided on any purchased item. If for any reason a purchased items is received damaged, becomes unavailable or cannot be fulfilled, Sponsor in its sole discretion, reserves the right to replace the purchased item with a similar item of equal or greater value.
Participants are responsible for the payment of all taxes which may result from participation in the Program.
8. General Terms and Conditions
- Sponsor reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Rules or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any of these Rules shall not constitute a waiver of that, or any other, provision.
- The Program is provided to individuals only. Corporations, associations, including school organizations, or other groups may not participate in the Program.
- All questions or disputes regarding eligibility for the Program, the availability of items, or a Participant’s compliance with these Rules will be resolved by Sponsor in its sole discretion.
- Sponsor is not responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.
- Participants are responsible for maintaining updated contact information associated with their Eighty Six Loyalty Rewards Program ID.
- The Program is subject to all applicable laws and regulations.
9. Limitation of Liability
- Sponsor, and its parent, subsidiary, affiliate, franchisees, and related companies, and each of its and their respective officers, directors, employees, shareholders, agents and promotional and advertising agencies, successors, assigns (collectively the “Released Parties”) are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction, or unauthorized access to or alteration of Program materials or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems, or traffic congestion on the Internet, at any website or any combination thereof. In the event that the Rewards Program is temporarily corrupted and suspended, notice of such will be provided and Participants will be advised to (1) not redeem Points until such time that the Program, as originally intended, may be resumed and (2) that Qualified Purchases and purchases of Qualified Products during this time period completed will not generate Points for the Participant.
- By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Sponsor and their respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, including, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party.
- IN NO EVENT SHALL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT PARTICIPANT HEREBY WAIVES ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, OR LOST PROFITS FROM EIGHTY SIX GROUP AND ITS LICENSORS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONSOR’S CUMULATIVE LIABILITY TO PARTICIPANT ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1,000. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
- Released Parties are not responsible for any products or services offered in the Rewards Catalog other than those manufactured by Sponsor. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE PROGRAM, 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 states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
- As a condition of participating in the Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Program or any item purchased therein shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
- If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rules, which will otherwise remain in full force and effect.