HTC Champions Terms and Conditions

 

Welcome to the HTC Champions website at www.htcchampions.com (the "Site"). This Site is provided by HTC America, Inc. Your activities at this Site are governed by this agreement (the "Terms of Use"). By using this Site you agree to the terms and conditions of this Agreement. The content of this Site and the content provided herein is for your personal use only as set forth below. If you do not agree to the terms and conditions of this Agreement, do not use the Site. Using the Site or viewing any content indicates that you accept these terms. HTC reserves the right to suspend or deny, in its sole discretion, your access to this Site and content at any time without notice to you for any reason, including misuse of the Site or breach of these terms and conditions. HTC may also reject any orders you have placed. 

Subject to these Terms of Use, including, without limitation, the eligibility requirements below, you may use this Site to engage in online training exercises related to HTC products and services. You may also test your knowledge by taking quizzes online. HTC will award you points for successfully completing quizzes and training exercises and missions ("Points"). You may be eligible to exchange accumulated Points for merchandise and services offered from time to time in the Rewards section of the Site ("Rewards"). Rewards are strictly for your personal use only. You may not sell any Points or Rewards or return a Reward to a retailer with the intent to receive a cash equivalent, store credit or alternative product. Reselling or returning, exchanging or selling Rewards is a violation of these Terms of Use and may result in the immediate termination of your Points account, forfeiture and loss of Rewards and termination of access to the Site. 

Notwithstanding anything herein to the contrary, Rewards offered via this Site are governed by these Terms of Use, the Rewards Privacy Policy, and the HTC Champions Promotion Official Rules, which will set forth any unique eligibility requirements, Rewards criterion, Rewards deadlines, Rewards limits and Reward dates. As a result, we encourage you to carefully review these Terms of Use, the Rewards Privacy Policy and the HTC Champions Promotion Official Rules. In the event of a discrepancy between the Terms of Use, the Rewards Privacy Policy and the HTC Champions Promotion Official Rules, the HTC Champions Promotion Official Rules will govern the issuance of Rewards. 

1. Eligibility

By using this Site, you represent and warrant that: 

a) you are at least 18 years old and a legal resident of and currently reside in the United States; 

b) all information that you submit to HTC is true, accurate and complete in all respects; 

c) you are a retail sales professional currently employed by a retailer HTC has authorized to offer HTC 

products and services in the United States (an "Authorized Retailer"); and 

d) your employer doesn’t have a policy against your participation in the activities on this Site, nor with you exchanging Points for Rewards or receiving Rewards. Some Authorized Retailers have policies permitting employees to engage in online training exercises, but forbidding employees from exchanging Points for Rewards or receiving Rewards. If your Authorized Retailer has such a policy, you may not exchange Points for Rewards or receive Rewards. If you have any questions about your eligibility, please contact your employer to confirm that (i) your employer is an Authorized Retailer, and (ii) your employer’s policies allow you to exchange Points for Reward or receive Rewards. 

Employees, affiliates, agents and independent contractors of HTC or HTC and the immediate family members of any of the foregoing (unless a family member is an employee of an Authorized Retailer) are not eligible to participate in HTC Champions Rewards or to receive any Points or Rewards. The Rewards Program is void where prohibited by law. 

You are permitted to create a single account to access program contents and receive information via your designated addresses. Exploiting the website and points system in any way to earn additional points in a way that the website was not designed will result in forfeiture of any and all Points and Rewards, termination of your access to the Site as well as potential legal action. If you do not satisfy all of the requirements above, you should exit this Site immediately, and you shall no longer be authorized to continue to access or use this Site. By continuing to access and use this Site, you agree to be bound by these Terms of Use. IF YOU ARE USING THIS SITE BUT NO LONGER EMPLOYED BY AN AUTHORIZED RETAILER OR OTHERWISE ARE INELIGIBLE TO USE THIS SITE, HTC MAY IMMEDIATELY DELETE YOUR POINTS ACCOUNT AND TERMINATE YOUR ACCESS TO THE SITE. IN ADDITION, YOU WILL NOT BE PERMITTED TO REDEEM ANY POINTS PREVIOUSLY ACCRUED AND HTC SHALL HAVE THE RIGHT TO PURSUE ANY AND ALL REMEDIES TO WHICH IT IS ENTITLED AT LAW OR EQUITY.

2. Points

You may register on the Site and participate in the Reward program by following the on-screen instructions. After completing your registration, you will have the opportunity to participate in the activities described above. For each mission you successfully complete, HTC will give you Points as indicated with each designated mission. You may only receive points for successfully completing the same mission once unless otherwise noted within the Site. Some missions you may complete once per day, or once per week, or once per month, this will be described within the mission on the mission’s page. You may exchange your Points for Rewards in the Reward area in accordance with these Terms of Use. HTC will deduct the amount of any Points you exchange for Rewards from your account balance. Points have no cash value and are not transferable. The number of points you can accumulate for successfully completing a particular mission or training exercise is subject to change at any time without notice. Please note that any unused ALL AVAILABLE REDEEMABLE POINTS AS OF JUNE 1, 2016 WILL EXPIRE. THE SITE WILL OFFER SEVERAL PRIZE OPTIONS FOR YOU TO PURCAHSE WITH YOUR AVAILABLE REDEEMABLE POINTS THROUGH JUNE 1, 2016. LIFETIME POINTS THAT HAVE NO REDEEMABLE VALUE WILL REMAIN THE SAME BUT POINTS FOR REDEEMABLE PRIZES WILL NO LONGER BE AVAILABLE ON JUNE 1, 2016. Your account summary will show your accumulated points, and list the date(s) your points will expire. Further, any unused points will automatically expire and revert to HTC immediately after your employment with an Authorized Retailer is terminated for any reason. 

3. Passwords

You are required to register with a user name and password to earn and redeem Points. You must provide HTC with current, complete and accurate information. You are responsible for maintaining the confidentiality of your password and user name. You agree that if your user name and password are used on the Site, HTC may attribute that use to you and you will be legally bound by it and responsible for any and all activities that occur under your account. You agree to notify HTC immediately of any unauthorized use of your account or any other breach of security. HTC may change, or require you to change, your user name and password at any time. 

4. Reward area / Leaderboards

HTC Champions is a product of HTC America, Inc. and is not endorsed by or affiliated with any wireless service providers or other third parties. Please review your employer's policies on incentives and third-party website use. By registering for an HTC Champions account, using the site, and/or accepting incentives offered through this site, you warrant that your use does not violate your employer’s policies. You can redeem your Points at any time in the Reward area once you have accumulated the minimum number of Points specified for the Reward of your choice. Points can only be redeemed for available Rewards. All Rewards transactions are considered final. HTC may in its discretion display the first name, last name, company, as well as city and state of residence or employment of the top users who have scored the highest points per category. By accepting these Terms of Use, you consent and agree that HTC may display your name, name of your employer, city of residence or employment and similar information in Rewards materials, including, without limitation in the Leaderboard sections of the Site without any compensation. 

5. Code of Conduct

You hereby agree to do the following as a condition to use of the Site and participation in the Rewards program: (a) to comply with your employer’s policies regarding participation in the Rewards program; (b) to comply with applicable all laws and/or regulations; (c) not to copy, modify, post or transmit information or content that you do not have the right to copy, modify, post or transmit; (d) not to wrongfully use or infringe a third party's intellectual property; (d) not to engage in unlawful, fraudulent, harmful or objectionable acts as determined by HTC in its sole discretion; (e) not to intercept, collect or store data about third parties without their knowledge or consent, nor delete, tamper with or revise any material posted by any other person or entity; (f) not to access non-public areas of the Site, Market Star’s computer systems or any other HTC website; (g) not to attempt to access, search, or extract data from, the Site or any HTC website with any engine, software, tool, agent, robot, spider, scraper, device or mechanism; (h) not to send or attempt to send unsolicited messages, including promotions or advertisements for products or services, "spam," "chain mail" or "junk mail", or alter or use deceptive or false source-identifying information; (i) not to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or any HTC website, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site; (j) not to interfere or attempt to interfere with the access of any user, host or network, including sending any harmful, illegal, deceptive or disruptive code to the Site, or any HTC website, such as a "virus," “spyware” “adware” or other code that could adversely impact the Site or any recipient, or overloading, "flooding," "spamming," "crashing" or "mail bombing" the Site or any other HTC website; and/or (k) not to impersonate or misrepresent who you are or your affiliation with any person or entity.

6. Submissions / No Unsolicited Feedback

This Site provides you an opportunity for you to tell HTC what you think about their products and services. You agree that if you post, upload or submit in any way, any information, including without limitation product reviews or other materials, through this Site, (collectively "Submissions"), you make these Submissions voluntarily. Your Submissions will not be considered confidential or proprietary and you hereby consent and agree that (a) information posted on or submitted to HTCand may remain on the Site, at such location, in such form, and for such time, as HTC determines; (b) HTC may use, reproduce, copy, modify, add to, delete from, create derivative works from, entitle, publish, produce, distribute, sell, display, perform, assign, exchange, lease, loan, license or sublicense, in any and all locations worldwide, in any mediums, forms and formats, in any number, at any time, and for any purpose, the information posted, in whole or in part, directly or indirectly, without limitation; (c) You retain no rights with respect to, waive all statutory moral rights and other rights and claims with respect to, and assign to HTC all right, title and interest (including, but not limited to, rights of publicity, rights of privacy, copyrights, good will and other rights) in, the information posted; and (d) HTC rights under these Terms and Conditions are fully assignable and irrevocable. 

7. Privacy

HTC respects your desire for privacy. Click here to review the Privacy Statement for HTC By using this Site, you are consenting to the terms of the Privacy Statement. 

8. Shipping & Handling

Rewards will be shipped to the address listed in your account profile. You are solely responsible for providing HTC with accurate shipping information. HTC is not responsible for returned Rewards due to improper or inaccurate shipping details you supply. HTC has no obligation reship Rewards not received by you. All shipping, handling and other fees and the availability of Rewards are subject to change by HTC without notice. All Rewards ordered through the Site are subject to availability and quantity and are only available for shipment in the continental United States. 

9. License to Use this Site and Reference Materials

Except as set forth in these Terms of Use, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. However, you may download and print copies of screens, including reference materials, from this Site only for purposes of your own education and/or retaining records about Rewards. To be absolutely clear, you may not (a) distribute copies of site materials to consumers, shoppers or any other third party, or (b) make any warranties about any HTC products or services based on site content to any consumers, shoppers or other third parties.

10. EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS

YOUR EXCLUSIVE REMEDY AGAINST HTC , OR THEIR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS FOR ANY BREACH OF THESE TERMS OF USE IS LIMITED TO REPLACEMENT OR SUBSTITUTION OF A REWARD IN HTC’S SOLE DISCRETION. YOU WILL NOT BE ENTITLED TO ANY OTHER FORM OF DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF TIME OR CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY RELATING TO THE REWARDS PROGARM, ANY SUBMISSIONS BY YOU OR ANY OTHER MATTER RELATED TO THESE TERMS AND CONDITIONS. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY EVEN IF ANY REMEDY FAILS.

11. NO WARRANTIES

HTC does not provide any warranties for Rewards. THIS SITE AND ALL REWARDS ARE SUPPLIED AS IS, AS AVAILABLE AND WITH ALL FAULTS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, HTC AND HTC DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION, MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. HTC has no obligation to repair or replace any damaged or defective Rewards. In the event you experience delivery problems with any Reward, you are responsible for contacting the carrier and obtaining a claim and or case number. 

12. Geographical & Export Restrictions

Items obtained through this Site may only be shipped to destinations in the United States. You agree that all items obtained through the Site and any accompanying documentation or technical information is subject to applicable export control laws and regulations of the United States Government. You agree not to export or re-export software or hardware, directly or indirectly, to any country not permitted by applicable United States export restrictions. 

13. Changes to these Terms

HTC reserves the right to change these Terms of Use at any time. The updated version will be effective upon the date of posting unless indicated otherwise in the updated Terms of Use. Your continued use of the Site after the updated version of the Terms of Use becomes effective constitutes your binding acceptance of the updated version of the Terms of Use. If you do not agree to any updated version, you must immediately terminate your registration and/or discontinue your use of the Site. 

14. No Assignment; No Reverse Engineering

You may not transfer by any means the Content, in whole or in part, to another party. Modification, reverse engineering, reverse compiling, or disassembly of the Content, or any related application, software, source code, object code, program, player, device, or delivery means or method in connection with the Content, is expressly prohibited. 

15. Indemnification

You agree to defend, indemnify, and hold harmless HTC and its employees, contractors, agents, representatives, attorneys, affiliates, subsidiaries, shareholders, directors, officers, licensors, licensees, successors, and assigns (collectively, “Indemnified Parties”) from and against the entirety of any and all claims, liabilities, damages, obligations, actions, judgments, causes of action, costs and expenses (including attorneys’ fees) such Indemnified Parties may suffer resulting from, arising out of, relating to any claim or demand by a third party where such third-party claim or demand is related to any covenant, representation, warranty, agreement, or obligation by you under this Agreement. 

16. Governing Law, Dispute Resolution

This Agreement shall be governed by the laws of the State of Washington and by the laws of the United States, excluding their conflicts of laws principles. The exclusive venue for any judicial action or proceeding arising out of or relating to this Agreement shall be the state or federal courts of competent jurisdiction located in King County, Washington. Either party may exercise any legal right and remedy available to such party, whether at law or in equity or under this Agreement, to enforce any provision of this Agreement. The prevailing party may collect from the non-prevailing party, in addition to any damages or injunctive relief, any reasonable costs, fees, and expenses, including attorney’s fees and court costs.

17. General

The section titles in these Terms of Use are used only for the parties’ convenience and have no legal or contractual significance. HTC may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer, or sublicense your rights, if any, in the Site. HTC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms of Use (including the Rewards Privacy Policy) constitute the entire agreement between you and HTC with respect to the Site. These Terms of Use supersede all prior or contemporaneous communications of any kind between you and HTC with respect to the Site.

18. Copyright and Trademark Notices

Website design, HTML, CSS are © 2016 HTC Corporation. All rights reserved. Site content, excluding submissions by users, are © 2016 HTC Corporation, HTC Corporation and/or their suppliers. All rights reserved. Copyright and other intellectual property laws and treaties protect any software and content provided on the Site. The HTC logo, the HTC quietly brilliant logo and all other HTC product names and services referenced on the Site are the trademarks or registered trademarks of HTC Corporation. All other company names, product names, service names and logos referenced on the Site may be the trademarks of their respective owner.