Quest Nutrition
(“Sponsor”)
Quest
Squad Loyalty Program Terms and Conditions (the “Program”)
PLEASE
READ CAREFULLY. By reviewing these Terms and Conditions, clicking "I
Agree" on the registration page, and participating, you (or your
parent/legal guardian if you are under the age of 18, or 19 if an AL,
NE resident) agree to the following
rules governing the Quest Squad Loyalty Program
.
A.
Overview of the Quest Squad Loyalty Program
The
Quest Squad Influencer Program (the "
Program
")
is a rewards program for participating members to earn rewards
(“Rewards”) when they perform certain tasks. The Program is
subject to these terms and conditions, which are final and binding
(“
Terms
and Conditions
”).
B.
Eligibility
The Program is open to legal residents of 50 United States and
the District of Columbia who are at least 18 years of age or older
but in no event under the age of majority in the state of legal
residence, AND an active member of the Quest Squad Loyalty
program, as approved by Sponsor. In order to become a member
of the Quest Squad, eligible participants must submit an
application, and be approved and confirmed as a member by
Sponsor. The Program is void where prohibited by law.
Upon
successful registration and approval to become a member of the Quest
Squad, you will receive a confirmation and welcome email message that
will link to the Website where you can input your password. Upon
inputting your password, you will become a Rewards member and begin
earning points (“Points”) in your Rewards account (“Rewards
Account”) as more specifically set forth in Section E below,
depending on the Membership Tier (defined below) the member is a part
of. These Points will be eligible for rewards (“Rewards”). Limit
one (1) Rewards Account per person, but multiple Rewards Accounts
from the same household are acceptable. Rewards Accounts are limited
to a single individual. No sharing accounts with any other person
allowed.
Only
Rewards Account holders can earn Rewards.
Rewards
Account holders should promptly notify the Sponsor of any changes to
personal information such as name, address, mobile phone number and
email address by visiting the Website, and going into the account
setting to make any necessary updates.
Sponsor
reserves the right to cancel any account for which it has incomplete,
inaccurate, false or fictitious personal information which will
result in any Rewards earned being forfeited.
C.
Duration of Program
The
Program begins at 12:00:00 a.m. Pacific Time ("
PT
")
on November 19, 2020 and ends on a future date to be solely
determined by Sponsor at Sponsor’s sole discretion (“
Rewards
Period
”).
Subject to compliance with applicable law, Sponsor reserves the right
to suspend, modify, extend, or cancel the Program, at its sole
discretion, with at least thirty (30) days’ written notice before
the amendment/termination comes into effect, and by posting updated
Terms and Conditions on the Website (see Section H below).
D.
Earning Rewards
There
are two (2) ways to earn Points: (1) participating in various
Sponsor-specified missions/tasks (each, a “
Mission
”)
as set forth on the Website during the Rewards Period and depending
on the Membership Tier the participant is part of; and (2) Surprise
Points for performing various tasks such as signing up for the
Program, having a birthday, etc.
E.
Membership Tiers
There
are three (3) Membership tiers in this Program (each, a “
Tier
”).
Each Tier has different qualifications and benefits, as follows:
|
|
Tier
1 – “#OnAQuest Member”
|
Tier
2 – “Quest Star”
|
Tier
3 – “VI-Q”
|
|
Description
of Tier
|
First Year
Membership in
the Quest Squad
as approved by
Sponsor.
|
Verified
Membership
of two- five
years in the
Quest Squad.
|
Verified
Membership
of over five
years in the
Quest Squad.
|
|
How
to Qualify
|
Approved
Application and
completion of
Welcome Mission
and complete
onboarding
process as set
forth by Sponsor.
|
Must be an
actively
participating
Member in
the Quest
Squad in
years two
through four.
|
Must be an
actively
participating
Member in
the Quest
Squad for at
least five
years.
|
|
How
to earn Points
|
-
Earn
Points for completing each Mission (points vary per Mission as
specified on the Website)
-
One-time
Sign-up bonus of 25 Points upon Enrollment and acceptance of
terms
-
Refer A Member (100 points) is Mission-based
and only available when activated. Quest Squad Members must currently
be enrolled inthe Quest Squad Loyalty Program when new member is approved and
successfully completes all Welcome requirements and approved by Sponsor.
-
Birthday
bonus (150 Points)
-
Member
Anniversary (100 Points)
-
Surprise
& delights, Mission and eligible Points as specified on the
Website
|
-
Earn
Points for completing each Mission (points vary per Mission as
specified on the Website)
-
Refer A Member (100 points) is Mission-based
and only available when activated. Quest Squad Members must currently
be enrolled inthe Quest Squad Loyalty Program when new member is approved and
successfully completes all Welcome requirements and approved by Sponsor.
-
Birthday
bonus (200 Points)
-
Member
Anniversary (150 Points)
-
Surprise
& Delight opportunities.
|
-
Earn
Points for completing each Mission (points vary per Mission as
specified on the Website)
-
Refer A Member (100 points) is Mission-based
and only available when activated. Quest Squad Members must currently
be enrolled inthe Quest Squad Loyalty Program when new member is approved and
successfully completes all Welcome requirements and approved by Sponsor.
-
Birthday
bonus (300 Points)
-
Member
Anniversary (200 Points)
-
Surprise
& Delight opportunities.
|
|
Additional
Membership Benefits
|
-
Exclusive
swag
-
Quest
Squad Newsletter
-
30%
discount (US only) on Quest products on QuestNutrition.com
-
First
to know on select Quest products and innovations
-
Potential to be
featured in Quest social media, in Quest Squad and Quest
Nutrition newsletters
|
|
-
Quest
Star Additional Membership Benefits
-
Exclusive
private virtual workouts and courses.
-
Recognition
in Quest Squad newsletter
-
Eligible
to be chosen as Quest Squad Member of the Year.
|
Points
that are earned will automatically be credited to each Rewards
Account. Once points are redeemed for Rewards, those Points will be
removed from the user’s Rewards Account
.
Rewards members may not combine, transfer or sell Points accrued in
Rewards Member’s Account to any other person. Any attempt to
combine, transfer or sell Points accrued in Rewards member’s
Rewards Account to any other person will result in disqualification
from the Program and forfeiture of all Points earned in the Rewards
Account. Sponsor reserves the right to take any action it deems
appropriate in its sole discretion in the event that it believes, in
its sole discretion, that any Rewards member has violated any of
these provisions. Sponsor reserves the right to change, add, or
remove the methods by which Rewards members can earn Points or
Rewards.
Points
are void if (a) not obtained in accordance with these Terms and
Conditions and through legitimate channels; (b) any part of the
Reward is counterfeit, altered, defective, tampered with or irregular
in any way; or (c) obtained as the result of a sale or transfer which
Sponsor, in its sole discretion, determines is in violation of these
Terms and Conditions and the objectives of the Program. The Points
for Rewards earned will appear in the Rewards Member’s Available
Points Account upon completing any of the ways to earn Points as set
forth in Section D above. There may be instances where there is a
delay in Points appearing in the Rewards Account.
If
a Rewards Member believes that Points were not properly accrued to
his/her Rewards Account, the Rewards member must notify Sponsor by
using the email address QuestSquad@QuestNutrition.com or using the
Contact Us page on the Website, within 14 days after submission of
proof of purchase or completion of a Mission. In no event will
Sponsor be responsible for any errors or omissions not brought to
Sponsor’s attention during the 14-day notice period.
In
its sole discretion, Sponsor reserves the right to reverse Points
previously credited to a Rewards Account, if, upon Sponsor request,
earning of such Points cannot be properly verified. Sponsor’s
decisions regarding the awarding of Points are final and binding. If
Sponsor determines that previously-verified Points are invalid for
any reason, Sponsor reserves the right to remove the applicable
Points from the Rewards Member's Rewards Account.
F.
Redeeming Rewards
-
Rewards Members can redeem
their Points for Rewards, including products available in the Quest
Nutrition Loyalty Program Catalog (the “Catalog”), which is only
available by Quest Nutrition during certain windows of time
(“Redemption Window”) in its sole discretion throughout the
Rewards Period. All Rewards are available for a limited time during
a Redemption Window, while supplies last. Quantities of each Reward
are limited and you must be a registered Quest Squad Member in order
to redeem Rewards during the Redemption Window. Each Redemption
Window will take place at a specific date and time determined solely
by Quest Nutrition. Quest Squad Members will be notified in advance
via email by Quest Nutrition of the specific date, time, and length
of each Redemption Window. When each Redemption Window begins, the
Website will be updated to show the access link for the Catalog.
Quest Squad Members will be able to use the access link during the
full length of the Redemption Window to view the Catalog and redeem
their points for rewards.
-
A Rewards member must have
the minimum required number of Points as listed in the Catalog for a
specific product, in order to obtain a Reward. Once a Reward is
selected via redeeming Points, it is non-refundable and will not be
returned to the Rewards Account. All redemptions of Points for
Rewards are final. Refunds, exchanges and other similar issues
regarding Rewards are not the responsibility of Sponsor.
-
The Points that have
accrued in a Rewards Account have no cash value, are not
transferrable, and are only redeemable for Rewards via the Program
as specified in these Terms and Conditions.
H.
Modifications and Termination of the Program (subject to applicable
law)
1.
Sponsor reserves the right to modify any of the Terms and Conditions
set forth herein - including, but not limited to, the duration of the
Rewards Period, methods by which Rewards members may earn Points, the
Point/Rewards values, eligibility requirements, manner of
participating in the Program, Program Tiers and the number of Points
required for certain products through the Catalog. In the event
these Terms and Conditions are modified, there will be a notice of
such modification on the Website’s log in page.
2.
For any material modifications, Reward members will receive at least
thirty (30) days’ written notice by email before the
amendment/termination comes into effect. Any proposed modification
will be described in the notice, including showing the new clause (or
the amended clause and how it previously read), as well as the date
on which the proposed modification will come into effect. A Rewards
member who does not agree to the modification may choose to leave the
Program without cost by giving us written notice of cancellation up
until thirty (30) days after the date that the modification comes
into force; that Rewards member will have a subsequent forty-five
(45) days to redeem any Points. Contact information for cancellation
will be included in the notice. Upon termination or expiration of the
Rewards Period and the Program, all remaining Points will be
forfeited, are no longer redeemable for Rewards, and are not eligible
for a refund or credit.
3.
A Rewards member's continued participation in the Program constitutes
the Rewards member's acceptance of any changes to these Terms and
Conditions. Rewards members are responsible for remaining
knowledgeable of any changes that Sponsor may make to these Terms and
Conditions. The most current version of these Terms and Conditions,
which will indicate the date they were last updated, will be
available at the Website and will supersede all previous versions of
these Terms and Conditions
.
Additionally, Rewards members will be notified of any updates or
changes to the Privacy Policy and Terms and Conditions through an
opt-in upon first visit after either have been updated and accessible
on the Website.
I.
Points Expiry
If
a Rewards member
hasn’t completed any Missions or otherwise accrued or redeemed
Points for one (1) year, that Rewards member’s Points will expire.
We will first send an email to the Rewards member to give notice that
the Points will expire due to the inactivity. This notice will
confirm the date upon which the Points will expire, and will be sent
to the Rewards member between 30 and 60 days before the date of
points expiry.
J.
General Terms and Conditions
1.
To learn how the personal information collected in connection with
the Program may be used, participants should read Sponsor's Privacy
Policy for the Website which is available at
https://www.questnutrition.com/pages/legal?privacy-policy.
The terms of Sponsor's Privacy Policy for the Website are
incorporated herein by reference.
2.
The Sponsor reserves the right to discontinue the participation
privileges of any Rewards member who engages in any fraudulent
activity or uses the Program in a manner inconsistent with these
Terms and Conditions or with any federal, state, provincial,
territorial or local, laws, statutes or ordinances. Discontinued
participation privileges may result in the loss of all accumulated
Points. In addition, Sponsor shall have the right to take appropriate
administrative and/or legal action, including criminal prosecution,
as it deems necessary in its sole discretion.
3.
Sponsor reserves the right to rescind Points credited to a Rewards
Account which were obtained as a result of fraudulent activity or
technical failures of any kind, including, but not limited to
malfunctions, interruptions, or disconnections in phone lines or
network hardware or software related to the Program.
4.
The Program is provided to individuals only. Corporations,
businesses, charities, associations or other groups may not
participate in the Program. It is fraudulent for any individual or
company, association, or group to direct, encourage, or allow
individuals to use a single Rewards Account for the purpose of
accumulating Points for combined use.
K.
Limitation of Liability
1.
Not
applicable where prohibited by law, including in Quebec.
The Sponsor is not responsible for incorrect or inaccurate
transcription of information, for problems related to any of the
equipment or programming associated with the Program or utilized by
Rewards member, for any human error, for any interruption, deletion,
omission, defect, or line failure of any telephone network, cellular
network, or electronic transmission, for problems relating to
computer equipment, software, inability to access the Website or
online service, or for any other technical or non-technical error or
malfunction. In the event of a printing error or irregular packaging,
neither Quest Nutrition, Brandmovers Inc, nor their respective
related companies, parents, subsidiaries, affiliates, and respective
agents and their agencies, suppliers and other companies involved in
the development or execution of the Program or the production or
distribution of Program materials (“
Releasees
”)
shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE PROGRAM OR OFFERED REWARDS THROUGH THE PROGRAM,
EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THE SPONSOR IMPROPERLY DENIES ANY REWARDS MEMBER ANY POINTS OR
REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS
OR REWARDS. BY PARTICIPATING IN THE PROGRAM, REWARDS MEMBER WAIVES
ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH
MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF
THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR
ACTION IS BASED. Sponsor, its affiliates, officers, directors,
employees, shareholders, promotion agencies, agents, successors,
assigns, and service providers, are not responsible for any products
or services offered as a Reward.
TO
THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR, BRANDMOVERS INC, AND
THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR
SERVICES OFFERED OR SOLD BY ANY THIRD PARTY, 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
jurisdictions do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to you. Rewards
members agree to rely solely on the manufacturer's warranties, if
any, for any products redeemed through this Program.
2.
As a condition of participating in this Program, each Rewards member
agrees that (1) any and all disputes, claims, and causes of action
arising out of or connected with this Program, or any Rewards
obtained through the Program, shall be resolved individually, without
resort to any form of class action and exclusively by arbitration
under the International Arbitration Rules of the American Arbitration
Association. Arbitration will take place in California; (2) any and
all claims, judgments and Rewards shall be limited to actual
out-of-pocket costs incurred, including costs associated with
participating in this Program, but in no event attorneys' fees; and
(3) under no circumstances will any Rewards Member be permitted to
seek recovery for, and Rewards Member hereby waives all rights to
claim, punitive, incidental and consequential damages and any other
damages, other than for actual out-of-pocket expenses, and waives any
and all rights to have damages multiplied or otherwise increased.
3.
All issues and questions concerning the construction, validity,
interpretation and enforceability of the Terms and Conditions, or the
rights and obligations of Rewards Member and the 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 or provisions
(whether of the State of California, or any other jurisdiction) that
would cause the application of the laws of any jurisdiction other
than the State of California.
4.
These Terms and Conditions constitute the entire agreement between
Program participants and Sponsor pertaining to the subject matter
hereof and supersede all prior or other arrangements, understandings,
negotiations and discussions, whether oral or written. No waiver of
any of the provisions of these Terms and Conditions shall be deemed
or shall constitute a waiver of any other provisions hereof (whether
or not similar), nor shall waiver constitute a continuing waiver
unless otherwise expressly provided.
5.
If any provision of these Terms and Conditions is found to be invalid
or unenforceable by a court of competent jurisdiction, such provision
shall be severed from the remainder of these Terms and Conditions,
which will otherwise remain in full force and effect.
Sponsor:
Quest
Nutrition
777
S Aviation Blvd Ste 100
El
Segundo, CA 90245
CONTACT
EMAIL: QuestSquad@QuestNutrition.com