The Chocolate Bar Rewards Program Terms and Conditions

Last updated: January 12, 2021

The Chocolate Bar Rewards Program will end on October 31 2021.

Please read these terms and conditions carefully before participating in our Chocolate Bar Rewards Program.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • “Rewards Program”, or “Program” refers to the Chocolate Bar Rewards Program from the Chocolate Bar Fundraising Program at Purdys Chocolatier. The Chocolate Bar Rewards Program will end on October 31, 2021.
  • “Points” refers to the Chocolate Bar Rewards Program points earned through Purdys’ Chocolate Bar Fundraising Program.
  • “Tiers” refers to the Points levels of our Chocolate Bar Rewards Program.
  • Country refers to: Canada
  • Company (referred to as either "the Company", “Purdys Chocolatier”, “Purdys”, "We", "Us" or "Our" in this Agreement) is R.C. Purdy Chocolates Ltd., 8330 Chester Street Vancouver, British Columbia, Canada V5X 3Y7
  • Device means any device that can access the Chocolate Bar Rewards Program such as a computer, a cell phone or a digital tablet.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Rewards Program.
  • “You” means the individual accessing or using the Rewards Program, or the company, or other legal entity on behalf of which such individual is accessing or using the Rewards Program, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Rewards Program and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Rewards Program.

Your access to and use of the Rewards Program is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Rewards Program, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Rewards Program is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use and access the Rewards Program will cease immediately.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of Canada, excluding its conflicts of law rules, shall govern this Terms and Your use of the Rewards Program. Your use of the Rewards Program may also be subject to other local, provincial, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. You and the Company agree to attempt to solve all claims, disputes or controversies arising under, out of or in connection with this Agreement by conducting in good faith. If both parties are unable to settle the matter between themselves, the matter shall thereafter be resolved by alternative dispute resolution through mediation with Canadian Mediation Association before pursuing any other proceedings.

What is the Chocolate Bar Rewards Program?

The Chocolate Bar Rewards Program will end on October 31, 2021.

The Chocolate Bar Rewards Program (“Program”) is a rewards program offered by R.C. Purdy Chocolates Ltd. (“Company”, “our”, “we” and “us”) under these terms and conditions (“Terms and Conditions”), and is available through our Chocolate Bar Fundraising Program. The Program gives you the opportunity to earn and redeem points in exchange for rewards at Purdys Chocolatier, Participating Businesses or with any Program Partners that offer redemption.

How Can I Participate?

To participate, you must be a Canadian resident, 14 years of age or older, and must obtain the consent of your parent or legal guardian if you are under the age of majority and such consent is a requirement in the jurisdiction of your residence. To participate in the Program, you will need a Program device, such as a computer, or cell phone, or tablet. To participate in the Program, you must be a Chocolate Bar Fundraiser at Purdys with an Account. In order to create an Account online, visit fundraisingbars.purdys.com. The methods for participating in the Program may change from time to time.

Earning and Redeeming Chocolate Bar Rewards Program Points

  • You are able to earn and redeem Rewards Points from the Chocolate Bar Rewards Program until July 31, 2021.
  • From August 1 to October 31, 2021, you are only able to redeem your Rewards Points.
  • You will not be able to earn or redeem any Rewards Points after October 31, 2021.
  • To earn Rewards Program Points, You must participate in one or multiple Purdys Chocolate Bar Fundraising Program(s) by organizing fundraisers through selling Purdys chocolate bars, signature chocolates, and novelty chocolate lollies. For more information on the Program, please visit fundraisingbars.purdys.com
  • To be eligible for Rewards Program Points, you must submit your fundraising order online at through your Account at fundraisingbars.purdys.com
  • You will earn 1 point for every $1 (Canadian Dollar, pre-tax) on your fundraising order.
  • You can only redeem prizes or gifts within the Tier you are eligible for.
  • If you have insufficient points, we are unable to round up your points or upgrade you to the next highest points Tier.
  • Points are eligible for gift cards redeemable at partnering or participating businesses, or Purdys Chocolatier.
  • Prizes can only be redeemed at partnering or participating companies with Purdys Chocolatier, or at Purdys Chocolatier.
  • Any Rewards Program points that are not redeemed after October 31, 2021 will be forfeited.

Changes to the Rewards Points Program

We reserve the right to restrict, suspend or otherwise change any aspect of the Program. We may modify all or one or more parts of these Terms and Conditions at any time, including the following elements:

  • The eligibility conditions for participating in the Program,
  • The manner in which a Program member participates in the Program,
  • The manner and rate at which Rewards Program points are earned, and
  • The manner and rate at which Rewards Program points are redeemed.

In the event these Terms and Conditions, or any aspect of the Program, is restricted, suspended or changed, we will provide you advance notice by posting the amended Terms and Conditions online at fundraisingbars.purdys.com, and by sending you notice using your email or mailing address. Your continued participation in the Program following such notice will constitute your consent to any amendments to these Terms and Conditions, or any other aspect of the Program. In the event that the amendment entails an increase in your obligations or a reduction in our obligations and you do not agree to such amendment, you may close your Account and cancel your participation in the Program without cost or penalty. You will then be notified through written notice, or email on how many days You have remaining to redeem any Rewards Program points in your Account.

General

By participating in any aspect of the Program, you (and your parent or legal guardian on your behalf, as the case may be) agree to be bound by these Terms and Conditions. These Terms and Conditions may be amended from time to time and you should check fundraisingbars.purdys.com regularly for any updates.

These Terms and Conditions and any other Program information on fundraisingbars.purdys.com replace the terms and conditions of the Chocolate Bar Rewards program.

You are responsible for protecting and keeping secure your Account on your Account and any password or security questions used in connection with your Account.

We reserve the right to terminate the Program, or any part of it, at any time on written notice (to be provided at Participating Shops, on our websites, or through other communications to Program members, including via email). If the Program is terminated, you will have up to the number of days provided in the written notice to redeem any Program points in your Account. After the expiry of the given time period, any Program points that have not been redeemed will be forfeited.

We reserve the right to sell or transfer all or part of the Program to a related company or to a third party, to merge with another entity or to engage in any form of corporate, reorganization or financing transaction. In addition, the manner in which the Program is provided to you and the organizations providing offers in connection with the Program may change. Please refer to our Privacy Policy at purdys.com for details as to how your personal information would be handled in such cases.

If any of the information you were required to submit when you registered for the Program changes (such as your name, mailing address, email address or phone number), you must let us know immediately and give us your current information. We are not responsible if we cannot contact you because you have not given us current, accurate information.

We reserve the right to refuse to allow you or any person you seek to add to your Account to join the Program for any reason in our sole discretion, including for not meeting the eligibility requirements or for having a membership cancelled previously.

We may, at any time, suspend or cancel your participation in the Program, if, in our view, you have abused any Program privilege, failed to follow these Terms and Conditions, or made any misrepresentation to us or to any entity associated with or participating in the Program. In the event that your participation in the Program is cancelled, all accumulated Program points in your Account may also be forfeited and removed from your Account.

To the extent permitted by law, by participating in the Program, you (and your parent or legal guardian on your behalf, as the case may be) agree to release and discharge us, our subsidiaries, and any other third party that may from time to time participate in the Program (whether as a participant or in an administrative, operational or other capacity), and our, and each of their respective officers, directors, agents, representatives, successors and assigns, from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to the Program, your participation in the Program or the redemption and use/misuse of any item obtained through the redemption of Chocolate Bar Rewards Program points or otherwise in connection with the Program.

We reserve the right to withdraw or temporarily change or suspend all or part of the Program in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Program as set out in these Terms and Conditions. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Program in any way (as we may determine in our sole discretion) could be a violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law.

Our failure to exercise any of our rights, powers or remedies in these Terms and Conditions or at law, or any delay in doing so, does not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent its subsequent exercise or the exercise of any right, power or remedy.

Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”. Any dollar amounts referenced in connection with the Program or these Terms and Conditions are referenced in Canadian dollars.

Each of the provisions contained in these Terms and Conditions is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other provision of these Terms and Conditions.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us at:

By email: fundraising@purdys.com

Phone 1.888.478.7397 ext 1