REWARDS PROGRAM INFORMATION
1. GENERAL
The Franklin Sports, Inc.’s Reward Program (“Program”) is a reward program sponsored by Franklin Sports, Inc. (“Franklin Sports”). Membership in this Program is free and no purchase is necessary to obtain membership in the Program.
2. ELIGIBILITY
Only individuals that are 18 years of age or older may enroll in the Program. An enrolled individual will become a member of the Program (“Member”). Members may not maintain more than one account or share accounts.
Enrollment in the Program is not available to corporations, businesses, non-profit organizations, partnerships, governmental agencies, or any other entity, unless written approval is received in advance from Franklin Sports. Resellers are expressly excluded from the Program. By participating in the Program, you (i) represent that you are an individual; (ii) are a resident of the 50 United States or the District of Columbia; (iii) are 18 years of age or older; and (iv) accept these Program Terms and Conditions (“Terms”).
You may enroll to become a Member of the Program by creating an account on http://franklinsports.com (the “Website”) and checking the box to join the Program.
3. MEMBER INFORMATION
Members must keep their personal information on their Program membership account (“Account”) up-to-date. Each Member is responsible for maintaining accurate and updated contact information. You may update your contact information by visiting your account page after logging in on https://franklinsports.com.
4. MEMBERSHIP CANCELLATION
You may cancel your Program membership at any time by sending an email to [email protected]. Upon cancellation, any unused points accrued in your account will be forfeited and cannot be redeemed and you will no longer be eligible for any Program benefits
5. EARNING POINTS
Members can earn points on the purchase of qualifying products from the(“Website”). For all Website purchases, you must be logged into your Website Account to earn points on purchases.
Members earn one (1) point for every one dollar ($1) spent when they purchase qualifying products on the Website. “Points are rounded up. For example, if you spend $19.99, you will receive 20 points. Calculation is as follows: $19.99 x 1 point per dollar = 19.99 points, which is rounded up to 20 points.” Members will not receive points on sales tax or the cost of shipping. Program points will not be earned on any discounts or other credits offered in connection with a product. (For example, if a product that normally costs $100 is on sale for $75, a Member would only earn points on the actual purchase price of $75.) Purchases of gift cards are not eligible for points. You may check your point balance by logging into the Website, accessing “My Account” and clicking on the “Rewards Program” link.
6. RETURNS
Points earned for a purchase that is then the subject of a return, refund, returned check due to non-sufficient funds, or other credit will be deducted from the Member's account in an amount equal to the points earned for the original transaction, including bonus points.
7. MEMBER TIERS
There are different tiers of Members in this Program. As long as a Member maintains their Account, any points earned will accumulate over the lifetime of the Member and will not expire. Members of different tiers are entitled to different benefits as indicated by the chart below.
8. PROMOTIONS
Birthday Promotion
In addition to earning points on their qualifying product purchases made on the Website, all Members receive a birthday benefit each year. Members with a valid email and their birthday entered in their Account profile will receive a coupon that will be made available one week before the Member’s birthday and expire two weeks after their birthday. This coupon will be for $10 off of the Member’s next qualifying purchase of $35 or more. Franklin Sports reserves the right to change this promotion at any time.
Double Points Sales
From time to time, Franklin Sports may offer double points to Members in the “Veteran,” “MVP,” or “Hall of Famer” tiers. The specified tiers of Members can received double points from qualifying product purchase made on the Website from specified products or categories of products on specific days. Franklin Sports reserves the right to change this promotion at any time.
Exclusive Sales
From time to time, Franklin Sports may offer exclusive sales to Members in the “MVP,” or “Hall of Famer” tiers. Only the specified tiers of Members will be able to participate in these sales. Franklin Sports reserves the right to change this promotion at any time.
Members Only Annual Gift Offer
Once a year, “Hall of Famer” tier Members will have the option to redeem one free gift item along with a qualifying purchase. The gift item will change annually and will vary in price. Franklin Sports reserves the right to change this promotion at any time.
Member Enrollment Promotion
A Member will receive 100 points upon successful enrollment into the Program and Account creation. Franklin Sports reserves the right to change this promotion at any time.
Voucher Award
For every 100 points earned, a Member will be awarded a $5 voucher that can only be used on the Franklin Sports Website. All vouchers will expire 100 days after they are awarded. Franklin Sports reserves the right to change this promotion at any time.
9. EXCLUSIONS
Points accumulated on different Accounts of different Members may not be shared, transferred, combined or aggregated to make purchases of products or for any other reason. Points earned in a transaction cannot be redeemed in the same transaction. The sale of points is prohibited and may result in the confiscation or cancellation of your points as well as suspension or termination of your membership, which in each case shall be final and conclusive. Franklin Sports may revoke any Member's membership in the Program at any time if such Member engages in abuse of the Program or fails to follow these Terms.
10. Fraud
Fraud or abuse relating to the accrual of points or redemption of rewards may result in revocation of membership in the Program and may affect a Member's eligibility for participation in any other Franklin Sports program. Franklin Sports’ rewards points are non-transferable and cannot be redeemed for cash. The interpretation and application of the Program's Terms are at the sole discretion and determination of Franklin Sports.
11. PROGRAM CHANGES
Franklin Sports may modify, alter, suspend, delete, or add new terms and conditions for its Program at any time without notice. The foregoing includes, without limitation, Franklin Sports reserves the right to cancel, modify, or restrict any aspect of the Program without notice. The foregoing including, without limitation, modifying, altering, adding, suspending or deleting point values, redemption levels and opportunities, conversion ratios, Member tiers, the point conversion ratio and the point expiration policy, or any other aspect of the Program at any time. Any changes can be made without advance notice and any such changes would be stated in an updated version of these Terms. Franklin Sports may make changes to these Terms even though such changes may affect the Members adversely. Members are responsible for remaining knowledgeable about these Terms, so we recommend reviewing these Terms regularly. A Member's point balance, as reflected in Franklin Sports’ records, shall be deemed conclusive and correct. Franklin Sports reserves the right to determine the amount of points in any Member's account based on Franklin Sports’ internal records related to such Member's Account. In the event of an inconsistency between the amount accrued in a Member's Account and Franklin Sports’ internal records, Franklin Sports’ internal records will control. Franklin Sports assumes no responsibility for errors caused by incorrect Member information.
12. PRIVACY
Franklin Sports maintains its own privacy policy which is applicable to Members' participation in this Program, which Franklin Sports may update from time to time (the “Privacy Notice”). The current version of the Privacy Notice can be found here
13. 13. DISPUTE RESOLUTION/BINDING ARBITRATION; GOVERNING LAW; WAIVERS OF JURY TRIALS & CLASS ACTIONS; LIMITATIONS OF LIABILITY
PLEASE READ THIS PROVISION OF THE TERMS AND CONDITIONS CAREFULLY. IT PROVIDES, AMONG OTHER THINGS, THAT CERTAIN DISPUTES MUST BE RESOLVED BY BINDING, CONFIDENTIAL ARBITRATION. IN ARBITRATION YOU GIVE UP THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES, AND ARE SUBJECT TO VERY LIMITED REVIEW.
Any Disputes between Franklin Sports and any Member or Members (collectively, for purposes of this Section 13, the “Parties”) shall be resolved as follows:
Definition of Dispute.
The Parties agree that any dispute, claim, suit, demand or controversy arising out of or relating to the Program (any “Dispute”) shall be decided initially by Franklin Sports, after notice from the Member.
Negotiation Period
If a Member disagrees with Franklin Sports’ decision, the Member must notify Franklin Sports and attempt to negotiate a mutually agreeable resolution within 30 days (“Negotiation Period”). Any Dispute that remains unresolved within the Negotiation Period must be resolved exclusively and finally by individual arbitration, administered by the American Arbitration Association, or by another reputable arbitration service if the AAA declines to follow any aspect of the Terms and Conditions, on a confidential basis.
Neutral Arbitrator/No Jury
Any Dispute will be submitted to a neutral arbitrator, for a final and binding determination, known as an award. The arbitrator is an independent decision maker, appointed by an arbitration service, who reviews and weighs evidence provided by both Parties, and issues an award that is enforceable in court. Decisions by an arbitrator are subject to very limited review by a court. The Parties expressly waive and relinquish any and all rights to have a court or a jury resolve any Dispute.
Individual Basis/No Class Actions
The Parties expressly intend that any Disputes will be arbitrated on an individual basis. There will be no right or authority for any Dispute to be arbitrated or litigated in any way on a class, mass, or other collective basis, and the Parties waive any right to bring or join any representative or other claim brought on behalf of the general public, other members, or other persons similarly situated.
Applicable Rules/Location
This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.). The arbitration shall be administered under the AAA Consumer Arbitration Rules, available online at adr.org or by calling the AAA at 1-800-778-7879 (the “AAA Consumer Rules”), except that the Parties expressly agree that the AAA Supplementary Class Rules shall not apply, given the express class waiver above, and further agree that Rules 14(a) and 53 of the Consumer Arbitration Rules shall not authorize any arbitrator or court to find that any class, mass, collective or representative claim may be arbitrated. The arbitration shall be held in [the Commonwealth of Massachusetts], unless the Parties agree to another location in writing, or the arbitrator decides to hold a telephonic hearing, or to reach a decision based solely on the Parties’ submission of documents, or to designate another location reasonably convenient for the Parties. If the AAA declines to follow any aspect of these Terms and Conditions, the parties agree to use another reputable arbitration service, which shall apply the AAA Consumer Rules in administering the arbitration proceedings. In the event of any conflict between the AAA Rules and these Terms and Conditions, the Program Terms and Conditions shall be controlling.
Stay of Proceedings
In the event that a Dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the Parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
Final and Binding
The arbitration award shall be final and binding on the Parties. The arbitration submissions, proceedings, and any arbitrator’s award shall be confidential, unless and until a party seeks confirmation, vacatur or the entry of judgment on an arbitrator’s interim or final award from a court, at which point the Parties may make only such limited disclosures as are necessary to obtain or respond to such a request for relief. Judgment on an arbitrator’s award may be entered in any state or federal court of competent jurisdiction.
Payment of Fees
The payment of all fees for registration, filing and administration of the arbitration, and the payment of arbitrator fees, shall be governed by the AAA Consumer Rules and applicable law, unless otherwise stated in these Terms and Conditions. The Parties shall bear their own legal fees and legal expenses for any arbitration proceeding.
Complete Waiver of Jury Trial
TO THE EXTENT A CLAIM BY ONE OF THE PARTIES AGAINST THE OTHER PARTY IS NOT SUBJECT TO THE ARBITRATION PROVISION ABOVE OR TO THE EXTENT AN OTHERWISE ARBITRABLE DISPUTE IS LITIGATED IN COURT, THE PARTIES HEREBY UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY AND ALL SUCH CLAIMS, DISPUTES, OR CAUSES OF ACTION, WHETHER NOW EXISTING OR HEREAFTER ARISING, OF ANY KIND. EACH OF THE PARTIES HEREBY AGREES THAT THE PARTIES MAY FILE A COPY OF THESE PROGRAM TERMS AND CONDITIONS WITH ANY COURT AS WRITTEN EVIDENCE OF THE WAIVER OF ANY RIGHT TO TRIAL BY JURY.
Complete Waiver of Class Action
TO THE EXTENT A CLAIM OR DISPUTE IS NOT SUBJECT TO THE ARBITRATION PROVISION ABOVE OR TO THE EXTENT AN OTHERWISE ARBITRABLE DISPUTE IS LITIGATED IN COURT, THE PARTIES AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, MASS, OR OTHER COLLECTIVE ACTION, AND THE PARTIES WAIVE ANY RIGHT TO BRING, JOIN, OR PARTICIPATE IN ANY REPRESENTATIVE OR OTHER CLAIM BROUGHT ON BEHALF OF THE GENERAL PUBLIC, OTHER MEMBERS, OR OTHER PERSONS SIMILARLY SITUATED.
Limitation of liability
MEMBER EXPRESSLY AGREES THAT IN NO EVENT SHALL FRANKLIN SPORTS, ITS SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES, AND THE PREDECESSORS, SUCCESSORS, AGENTS AND/OR ASSIGNS OF EACH OF THEM BE LIABLE TO ANY MEMBER OR MEMBERS FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ITS TERMS AND CONDITIONS, REGARDLESS OF WHETHER OR NOT THE POSSIBILITY OF ANY SUCH DAMAGES HAS BEEN DISCLOSED TO ANY OF THE FOREGOING ENTITIES OR INDIVIDUALS, OR COULD HAVE BEEN REASONABLY FORESEEN BY ANY OF THEM. MEMBER EXPRESSLY WAIVES ANY RIGHT TO SEEK RELIEF IN EXCESS OF THE LIMITATION OF LIABILITY SPECIFIED IN THIS PARAGRAPH.
14. GOVERNING LAW
Any claim relating to the Program shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. Member and Franklin Sports agree that the Program involves interstate commerce so as to ensure the applicability of the Federal Arbitration Act (“FAA”). In the event of a conflict between the laws of the Commonwealth of Massachusetts and the FAA, the FAA shall govern. If any portion of these Terms and Conditions are deemed invalid or unenforceable, the remainder of these Terms and Conditions shall remain in force.
