Rastaclat Terms of Service
Last Revised: January 9th, 2024
These Terms of Service (“Terms”) are a legal agreement between you and Rastaclat, LLC, a California corporation (“Rastaclat, “we”, “us”) that governs your access to and use of www.rastaclat.com (the “Site”) and the content, features, and services associated with the Site (collectively, the “Services”) made available by Rastaclat. References to “User” and “you” mean any person or legal entity that visits, accesses, or uses the Services, or registers for an Account through the Site. These Terms incorporate Rastaclat’s standard policies, procedures, and any terms and conditions for use of the Site and Services that are referenced by name or by links in the Terms (collectively, the “Rastaclat Policies”).
By clicking “accept” or “agree” to these Terms, (1) you acknowledge that you have read, understand, and agree to be bound by these Terms, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. You must be the age of legal majority or older in your place of residence to use the Site. If you allow a minor to use your computer and/or Account, as defined below, to access the Site, you agree to supervise and be responsible for the minor’s actions. THESE TERMS CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER; PLEASE REVIEW SECTION 17.
Rastaclat may update or revise these Terms (including any Rastaclat Policies) from time to time. You agree that you will review these Terms periodically. You are free to decide whether or not to accept a modified version of these Terms, but accepting these Terms, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of these Terms. If you do not agree to the terms of these Terms or any modified version of these Terms, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Rastaclat, any use of the Services is subject to the version of these Terms in effect at the time of use.
2. Shopping and Purchasing on the Site
- The Site displays Rastclat-brand bracelets and other apparel (“Products”) for Site users (“Users”) to purchase. Actual purchase of the Products may be completed and processed by Shopify, Inc. or other third-party providers and/or websites. Rastaclat does not guarantee the availability of the Service or Products. Products, price, and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Rastaclat does not guarantee, warrant or endorse any Product, nor do we have any liability or responsibility for the quality or performance of any Product.
- Orders and Acceptance. All orders are subject to these Terms, including the Rastaclat Policies. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Because our Products are often limited runs, we reserve the right, without prior notification, to limit the order quantity on any item. We reserve the right to refuse service to any User. Verification of information may be required prior to the acceptance of any order.
- Promotional Offers. We reserve the right to cancel any order due to unauthorized, altered, fraudulent, or ineligible use of a discount and to modify or cancel any promotion due to system error or unforeseen problems at any time. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
- FREE DOMESTIC GROUND SHIPPING PROMO OFFER: Offer only valid to an order with subtotal of $75 or more and is shipped to a single address within the contiguous United States excludes discount, tax, and shipping cost.
- $5 OFF PROMO OFFER: Offer only valid to an order with a subtotal of $40 or more and is shipped to a single address within the contiguous United States. Subtotal excludes discount, tax, and shipping cost.
- LAST CHANCE COLLECTION: All sales final, no returns or exchanges, Consumers must pay applicable sales tax. Offer limited to stock on hand; no rain checks are available. Offer not applicable to prior or pending orders. No adjustments can be made on previous purchases. Discount has no cash value. Void where prohibited, taxed or otherwise restricted. Cannot be combined with any other offer or discounts.
- Price Updates. Purchase price may differ from price physically affixed to product.
- By creating an account with Rastaclat (a "User Account"), you are granted a right to use the Services provided by Rastaclat subject to the restrictions set forth in these Terms and any other restrictions stipulated to you by us in writing. Our registration process will ask you for information including your name and other personal information, and in registering for a User Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services' registration process and as requested from time to time by Rastaclat (such information, "User Registration Data").
- Once you register for the Services, you will receive a unique user identification and password in connection with your User Account (collectively referred to herein as "User Account IDs"). You must use your true and accurate name when signing up for a User Account. You are required to select an appropriate and non-offensive User Account ID. Ideally, the User Account ID you choose will be a reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim any User Account ID if we believe, in our sole discretion, the User Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party.
- You agree to maintain your User Account solely for your own use. You agree that you will not allow another person to use your User Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your User Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your User Account IDs, your disclosure of your User Account IDs, or your authorization to allow another person to access or use the Services using your User Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your User Account including any charges incurred relating to the Services or Product orders. You agree to immediately notify us of any unauthorized use of your User Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
- Rastaclat reserves the right, in its sole discretion, to terminate your User Account if you violate these Terms or for any reason or no reason at any time. We may also suspend your access to the Services and your User Account if you (a) have violated the Rastaclat Policies, (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) for any other reason in Rastaclat's sole discretion.
- You may terminate these Terms by canceling your User Account at any time.
- If your User Account is cancelled or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms, (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms are terminated, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that Rastaclat will not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that Rastaclat may retain and use your information and account data as needed to comply with investigations and applicable law.
- We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms does not relieve you of any obligations to pay any amounts, such as fees or Product order charges, accrued prior to the termination and any other amounts owed by you to us as provided in these Terms.
- Rastaclat is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in Rastaclat's sole discretion (“Fraudulent Actions"). By using the Services, you hereby release Rastaclat from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Rastaclat of any Fraudulent Actions which may affect the Services. Rastaclat reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
4. Product Claims Release
To the maximum extent permitted by applicable law, you hereby release the Rastaclat Parties, as defined below, from any and all claims relating to injuries, illness, damages, liabilities, or costs associated with or arising out of use of the Products. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Rastaclat Parties pertaining to the subject matter of this Section
5. Modifications to Services.
Rastaclat reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Rastaclat Site. Rastaclat will have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following any such changes will indicate your acknowledgment of such changes and satisfaction with all the Services.
6. Intellectual Property Rights and Grant of Rights to User.
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Rastaclat Content”) are provided to User by Rastaclat or its partners or licensors solely to support User’s permitted use of the Services. The Rastaclat Content may be modified from time to time by Rastaclat in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Rastaclat Content by User will constitute a material breach of these Terms. Rastaclat and its partners or licensors retain all rights in the Services and Rastaclat Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Rastaclat or any third party is granted under these Terms.
7. Use Restrictions.
The Services and Rastaclat Content are offered solely for User’s use for the purposes described in these Terms. Any and all other uses are prohibited. Rastaclat expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). Rastaclat reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Rastaclat Content, except as expressly authorized by Rastaclat; (2) take any action that imposes or may impose (in Rastaclat’s sole determination) an unreasonable or a disproportionately large load on the Services or Rastaclat’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Rastaclat Content to a third party; (5) use any portion of the Services or Rastaclat Content to provide, or incorporate any portion of the Services or Rastaclat Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Rastaclat); (7) modify any Services or Rastaclat Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Rastaclat Content; (9) use the Services or Rastaclat Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Rastaclat Content or access or use the Services or Rastaclat Content for competitive analysis or benchmarking purposes. Although the Rastaclat Sites may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the Rastaclat Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Rastaclat reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
8. Communications and Other Content.
The Services may permit you to send emails and other communication; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, or false advertising. If you do submit User Content, and unless we indicate otherwise, you grant Rastaclat a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of Rastaclat. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. Rastaclat takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.
9. Third Party Links and Services.
The Site may contain links to or permit you to access other websites and services that are not under the control of Rastaclat (“Third Party Sites”). We have no responsibility for Third Party Sites and allowing access from our Site to a Third Party Site does not constitute an endorsement of such. If you use the links or otherwise access the Third Party Sites, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Access to Third Party Sites is enabled solely for the convenience and information of the Site’s Users.
11. Your Representations and Indemnity.
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Rastaclat and its other Users, partners, and licensees will not violate these Terms, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Rastaclat’s request) defend Rastaclat, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Rastaclat Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of these Terms.
12. Liability Limitations.
- EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT WILL THE RASTACLAT PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THESE TERMS (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE RASTACLAT SITES, SERVICES, THE RASTACLAT CONTENT, PRODUCTS, OR THE USER CONTENT, OR (3) ANY FAILURE OR DELAY IN THE RASTACLAT SITES, SERVICES, THE RASTACLAT CONTENT, PRODUCTS, OR THE USER CONTENT (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES). IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE RASTACLAT SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE RASTACLAT CONTENT.
- IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, YOU EXPRESSLY AGREE THAT OUR SOLE AND EXCLUSIVE DIRECT DAMAGES LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).
- YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND RASTACLAT CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL RASTACLAT CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND. RASTACLAT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. RASTACLAT DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT RASTACLAT WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. RASTACLAT WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RASTACLAT.
- THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- You agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Rastaclat Parties or their successors or assigns will exclusively be settled through binding and confidential arbitration.
- Arbitration will be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
- In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
- In the case of arbitration and where permitted by law, you and Rastaclat must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR RASTACLAT MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Rastaclat will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Rastaclat also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator will honor claims of privilege and privacy recognized at law; (6) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded will be determined by the applicable law.
- Notwithstanding the foregoing, either you or Rastaclat may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret will not be subject to this arbitration agreement. Such claims will be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for such purpose. A request for interim measures will not be deemed a waiver of the right to arbitrate.
- With the exception of Section 17.4(1) and (2) (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either Section 18.4(1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor Rastaclat will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States or Canada), the dispute will be exclusively brought in state or federal court located in Los Angeles County, California.
- For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
These Terms are made under and will be governed by and construed in accordance with the laws of the State of California, U.S.A, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction and/or country of residency.
If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should send written notice thereof, in accordance with the provisions of the Digital Millennium Copyright Act ("DMCA") to our Designated Copyright Agent, who can be reached as follows:
8020 S. Rainbow Blvd. Ste. 100-405
Las Vegas, NV 89139
Phone: (424) 397-7170
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
2. SPONSOR: Rastaclat (“Sponsor”).
3. PROMOTION PERIOD: The Sweepstakes begins at 10:00:00 am Pacific Standard Time (PST) on May 5th, 2020 (“Start Time”) and ends at 5:00:00 pm PST on May 29th, 2020 (“End Time”).
By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor may be reached by email at firstname.lastname@example.org during the Promotion Period.
4. ELIGIBILITY: The Sweepstakes is open only to residents of the 48 continental United States of America or the District of Columbia who are 18 years of age or older (“Entrant”).
5. HOW TO ENTER: Must follow @Rastaclat Instagram, share how they are seeking the positive through an Instagram Story or Instagram Post, use #seekthepositivegiveaway and tag 1-3 friends to participate. Entries must be received before the End Time. Sponsor is not responsible for late, lost, inaccessible, blocked, incomplete, void, corrupted, garbled, misdirected, or otherwise unintelligible Entries and for any problems, bugs or malfunctions Entrants may encounter when submitting their entry. Incomplete, garbled, corrupted or otherwise illegible entries are void and will not be accepted. Sponsor reserves the right to disqualify false entries or entries suspected of being false and to disqualify any Entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating these Official Rules. (But, disqualification shall not represent the sole remedy available to Sponsor.) Sponsor is the official timekeeper for the Sweepstakes. All entry information and materials become the property of Sponsor and will not be acknowledged or returned. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. You are providing your information to Sponsor, not to Instagram.
One (1) Amazon gift card with the value of $1,000. The Prize shall be fulfilled by Sponsor (“Prize Provider”). Odds of winning the Prize depend on the total number of eligible entries received. Any unspecified expenses related to acceptance and use of the Prize are the winner’s sole responsibility. The Prize is not transferable except with Sponsor’s written consent which may be granted or withheld in its sole discretion and without liability of any kind. No cash alternative or substitution of prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value, in whole or in part, for any reason. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY AND ALL INCOME, SALES OR EXCISE TAXES THAT MAY APPLY TO ACCEPTING PRIZE; SPONSOR AND OR PRIZE PROVIDERS ARE NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
7. WINNER SELECTION:
The winner of the Prize will be determined by random selection conducted by Sponsor (or its designated representatives) from among all eligible Entries on or around June 2nd, 2020. One (1) winner will be selected in total. All results of the selection are final and binding, subject to these Official Rules. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. No more than the advertised number of prizes will be awarded.
8. NOTICE TO WINNER: Attempts to notify potential winners will be made by replying to the Winner’s comment on the Sweepstakes Post and by Direct Message on Instagram. Sponsor is not responsible for failure to contact potential winner, regardless of cause. If, despite reasonable efforts, a potential winner does not respond within two (2) days of the first notification attempt or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive Instagram account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any Instagram account.
9. VERIFICATION OF WINNERS: Potential winner must provide a valid street address in the 48 continental United States or District of Columbia for prize shipment. If a potential winner fails to provide a valid street address within five (5) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
11. LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Sweepstakes.
12. WINNER LIST REQUESTS: Any legally required list of winners may be obtained by sending an e-mail with the subject line: #seekthepositivegiveaway winner to email@example.com. All such requests must be received within four (4) weeks after the end date of the Sweepstakes.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site infringes your copyright, we suggest that you contact an attorney prior to sending notice.
Our Clatlifers are a critical part of growing our RASTACLAT community, we appreciate you and thank you for helping! The RASTACLAT Refer-a-Friend Program offers RASTACLAT customers and brand enthusiasts (“you” or “your”) the opportunity to receive promotional credit towards future purchases by referring their friends to RASTACLAT (“REFERRAL PROGRAM”).
RASTACLAT, LLC (“RASTACLAT”, “we”, “us” or “our”) reserves the right to suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Without limiting the foregoing rights, we reserve the right to disqualify you from participating in this Referral Program at any time at our discretion if you fail to comply with these Terms. Violations of these Terms may also result in the forfeiture of all promotional credits you previously earned through this Referral Program. We reserve the right to review and investigate all referral activities and to suspend accounts or modify rewards in our sole discretion, as we deem fair and appropriate.
Eligibility to participate in this Referral Program is limited to individual consumers. This Referral Program cannot be used by businesses for affiliate lead generation or other commercial purposes.
You can earn ten dollars (US $10) of promotional credit (“PROMOTIONAL CREDIT”) to use toward your future purchases on the RASTACLAT website (HTTPS://RASTACLAT.COM/) (“RASTACLAT SITE”) if:
- You refer your friend (a “REFERRED CUSTOMER”) to make his or her first purchase on the RASTACLAT Site by sending such Referred Customer your unique referral link via. email, text message, Twitter, Facebook, or another method that is permitted by these Terms (“REFERRAL LINK”);
- That Referred Customer arrives at the RASTACLAT Site by using your Referral Link; and
- That Referred Customer uses the unique discount code that automatically appears on a pop-up page on the RASTACLAT Site (“UNIQUE DISCOUNT CODE”) when making his or her first purchase on the RASTACLAT Site.
The Referred Customer must make his or her qualifying purchase during a RASTACLAT Site visit initiated through your Referral Link. A Referred Customer who fits the description above is herein referred to as a “QUALIFIED REFERRAL”.
If the Referred Customer does not
- Click on the Referral Link in their invite email or any other invite mechanism you sent him or her, and
- Complete his or her purchase using the Unique Discount Code during a RASTACLAT Site visit initiated through your Referral Link,
You will not receive Promotional Credit and we will have no liability to you for such Promotional Credit, because there is no discernible way to identify that the purchase resulted from your referral.
Promotional Credits are redeemable only for purchases made on the RASTACLAT Site and are issued in increments of 100 points redeemable for ten dollars (US $10) unless explicitly noted otherwise in an offer. Promotional Credits have no cash value, can only be redeemed for RASTACLAT merchandise, may be subject to expiration dates or other restrictions in our sole discretion, and may be revoked at any time. Promotional credits cannot, under any circumstances, be redeemed for cash or any cash equivalent including, without limitation, gift cards or refunds. Promotional Credits are not transferable and may not be auctioned, traded, bartered or sold. Please allow up to three (3) business days for Promotional Credit to be added to your account after your Referred Customer completes a qualifying order. You must create a user account on the site or log in to your account to redeem the promotional credit issued for each successful referral.
You are responsible for any and all tax liability resulting from Promotional Credits.
You are limited to one Promotional Credit per Qualified Referral. For clarity, additional or repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals and will not earn Promotional Credits.
Referred Customers who click on a Referral Link and complete a Qualified Referral transaction as set forth above will be rewarded a Promotional Credit of ten dollars (US $10) off their first purchase on the RASTACLAT Site (unless explicitly noted otherwise in an offer). Gift cards and certain merchandise may be excluded. The scope, variety, and type of products that may be obtained by redeeming Promotional Credits can change at any time.
You cannot refer yourself to generate Qualified Referrals and earn Promotional Credits. For an order to count as a Qualified Referral transaction, the Referred Customer must hold different identifying information than you and the Referred Customer must not have previously made any purchases on the RASTACLAT Site (including, without limitation, under any other names, email addresses or aliases). A Referred Customer may only use one Referral Link. If a Referred Customer receives Referral Links from multiple participants in this Referral Program, only the participant whose Referral Link is used to make the qualifying purchase will be awarded a Promotional Credit.
SHARING REFERRAL LINKS
This Referral Program may be used only for personal purposes and you may share your Referral Link only with your personal connections. We reserve the right to revoke or refuse to issue any Promotional Credits for Qualified Referrals we suspect were generated through improper channels or otherwise in violation of these Terms.
You may only share your Referral Link to Referral Customers via email by using the email referral tool available at https://rastaclat.com/pages/refer
Your emails must:
- Be created and distributed in a personal manner,
- Not be distributed in a bulk manner, and
- Not be an unsolicited commercial email or a ‘spam’ message under any applicable law or regulation.
Any messages that do not abide by the requirements set forth in the previous sentence are expressly prohibited and constitute grounds for immediate termination of your customer account and exclusion from this Referral Program. Purchases on the RASTACLAT Site made through a Referral Link that was distributed through an unauthorized channel will not result in Qualified Referrals, and, if discovered, any Promotional Credits issued in connection with such transactions may be revoked.
TERMINATION AND CHANGES
We reserve the right to deactivate your customer account and a Referred Customer’s account, cancel all related Promotional Credits, and request proper payment if we determine, in our sole discretion, that you or the Referred Customer:
- Has tampered with this Referral Program;
- Has used (or attempted to use) this Referral Program in a fraudulent, abusive, unethical, unsportsmanlike or otherwise questionable or suspicious manner;
- Has breached any of these Terms; or
- Has violated any law, statute, or governmental regulation.
We also reserve the right to cancel this Referral Program or change these Terms at any time and for any reason in our sole discretion. When we change these Terms, we will update the ‘Last Updated’ date at the top of these Terms. If we cancel our Referral Program, any unused Promotional Credits will be forfeited at that time. PLEASE REGULARLY CHECK THE RASTACLAT SITE TO VIEW THE THEN-CURRENT TERMS.
If you have any questions about these Terms or our Referral Program, please contact us the RASTACLAT Customer Service department
at HTTP://RASTACLAT.COM/PAGES/CONTACT or email us
at SUPPORT@RASTACLAT.COM. We will do our best to address your questions
WE OFFER A REWARDS PROGRAM CALLED POSITIVITY REWARDS ("PROGRAM") THROUGH THE SITE. THE PROGRAM ALLOWS A USER ACCOUNT TO ACCUMULATE AND REDEEM POINTS ON AN INDIVIDUAL BASES AND SOLELY FOR YOUR OWN ACCOUNT.
TO ACCESS AND REDEEM POINTS, YOU MUST FIRST CREATE AN ACCOUNT THROUGH THE SITE.
WE HAVE 3 MEMBERSHIP TIERS IN THE PROGRAM.
TIER 1 ("TIER 1") CURIOUS STATUS "DOING GOOD" – BY CREATING AN ACCOUNT THROUGH THE SITE, YOU WILL BE AUTOMATICALLY ENROLLED IN THE CURIOUS STATUS "DOING GOOD" MEMBERSHIP TIER. IN ADDITION TO EARNING POINTS AS A TIER 1 MEMBER, YOU QUALIFY FOR EXCLUSIVE OFFERS AND WILL BE INCLUDED IN AN INSIDER MAILING LIST.
TIER 2 ("TIER 2") WONDER STATUS "DOING GREAT" – BY EARNING BETWEEN 101- 1,000 POINTS FROM QUALIFYING PURCHASES OR ACTIVITIES ON THE SITE, YOU WILL BE ENROLLED IN THE WONDER STATUS "DOING GREAT" MEMBERSHIP TIER. IN ADDITION TO EARNING POINTS AS A TIER 2 MEMBER, YOU QUALIFY FOR EXCLUSIVE OFFERS, EARLY ACCESS TO SALES, AND WILL BE INCLUDED IN AN INSIDER MAILING LIST.
TIER 3 ("TIER 3") SEEKERS STATUS "DOING AMAZING" – BY EARNING 1,001 POINTS OR MORE FROM QUALIFYING PURCHASES OR ACTIVITIES ON THE SITE, YOU WILL BE ENROLLED IN THE SEEKERS STATUS "DOING AMAZING" MEMBERSHIP TIER. IN ADDITION TO EARNING POINTS AS A TIER 3 MEMBER, YOU QUALIFY FOR EXCLUSIVE OFFERS, EARLY ACCESS TO SALES, FREE DOMESTIC STANDARD SHIPPING, AND WILL BE INCLUDED IN AN INSIDER MAILING LIST.
THE AMOUNT OF POINTS YOU EARN FROM QUALIFYING PURCHASES OR ACTIVITIES THROUGH THE SITE WITHIN A ROLLING 12-MONTH PERIOD DETERMINES YOUR MEMBERSHIP TIER. FOR EXAMPLE, IF YOU EARN 101 POINTS FROM QUALIFYING PURCHASES OR ACTIVITIES, YOU WILL BE ENROLLED IN TIER 2 STARTING THE DATE YOU EARNED 101 POINTS. IF YOU DO NOT EARN ANY ADDITIONAL POINTS WITHIN 12 MONTHS OF ENTERING TIER 2, THEN YOUR MEMBERSHIP TIER WILL BE AUTOMATICALLY DECREASED TO THE CORRESPONDING TIER BASED ON THE AMOUNT YOU ACTUALLY EARNED IN THAT PERIOD.
EARNING REWARDS POINTS THROUGH QUALIFYING PURCHASES
WHEN YOU SHOP ON THE SITE, YOUR ACCOUNT WILL BE CREDITED WITH AN AMOUNT OF POINTS BASED ON YOUR CURRENT MEMBERSHIP TIER, AS FOLLOWS:
TIER 1 MEMBERS EARN 1 POINT FOR EVERY ONE DOLLAR (US $1) SPENT ON ANY "ELIGIBLE PRODUCT" THAT IS PURCHASED AND NOT RETURNED ("QUALIFYING PURCHASES")
TIER 2 MEMBERS EARN 1.25 POINTS FOR EVERY ONE DOLLAR (US $1) SPENT ON QUALIFYING PURCHASES.
TIER 3: MEMBERS EARN 1.5 POINTS FOR EVERY ONE DOLLAR (US $1) SPENT ON QUALIFYING PURCHASES.
THE AMOUNT OF POINTS EARNED FROM QUALIFYING PURCHASES IS CALCULATED BASED ON THE SUBTOTAL AFTER ALL DISCOUNTS HAVE BEEN APPLIED. YOU DO NOT EARN POINTS FOR AMOUNTS SPENT IN CONNECTION WITH APPLICABLE TAXES, AND SHIPPING AND HANDLING. WHEN PRODUCTS ARE RETURNED FOR A REFUND IN ACCORDANCE WITH OUR RETURN POLICY AND TO THE ORIGINAL PAYMENT METHOD, POINTS WILL BE DEDUCTED FROM YOUR ACCOUNT FOR THE AMOUNT OF THE RETURN, NET TAXES, SHIPPING AND HANDLING.
"ELIGIBLE PRODUCTS' INCLUDE REGULAR PRICED MERCHANDISE PURCHASED BY AN INDIVIDUAL DIRECTLY FROM THE SITE. EXCLUSIONS MAY APPLY.
FOR THE AVOIDANCE OF DOUBT, NO POINTS ARE EARNED FOR PURCHASES OF PRODUCTS IN BULK, PRODUCTS PURCHASED BY OR FOR ANY ORGANIZATION OR ENTITY (I.E. FUNDRAISING EVENTS, CORPORATE, OR BUSINESS ACCOUNTS, RETAIL OR WHOLESALE ACCOUNTS, ETC.) YOU CANNOT EARN POINTS ON PURCHASES OF $1,000 OR MORE. WE RESERVE THE RIGHT, AND YOU HEREBY GRANT US THE RIGHT TO REVIEW USER ACCOUNT ACTIVITY FOR PURCHASE PATTERNS THAT FALL OUTSIDE THE INTENDED USE OF THE PROGRAM. WE HAVE THE SOLE DISCRETION TO DETERMINE WHETHER YOUR PURCHASE PATTERNS VIOLATE THESE TERMS AND IF WE MAKE SUCH A DETERMINATION, THEN YOUR POINTS WILL BE FORFEITED, AND YOUR USER ACCOUNT MAY BE SUSPENDED OR TERMINATED AT OUR SOLE DISCRETION.
POINTS CANNOT BE EARNED ON PURCHASES MADE PRIOR TO THE PROGRAM BECOMING AVAILABLE. YOU MUST BE LOGGED IN TO YOUR USER ACCOUNT IN ORDER TO EARN POINTS WHEN YOU MAKE A PURCHASE. POINTS CANNOT BE EARNED FROM PURCHASES USING GUEST CHECKOUT.
EARNING REWARDS POINTS THROUGH ACTIVITIES
YOU CAN EARN POINTS THROUGH PARTICIPATING IN VARIOUS ACTIVITIES ON THE SITE. FOR EXAMPLE, (1) CREATING YOUR ACCOUNT CURRENTLY EARNS YOU 25 POINTS, (2) A USER ACCOUNT CURRENTLY EARNS 100 POINTS FOR A BIRTHDAY BONUS, (3) WRITING A PRODUCT REVIEW CURRENTLY EARNS 15 POINTS, (4) FOLLOWING US ON FACEBOOK CURRENTLY EARNS 15 POINTS, (5) FOLLOWING US ON INSTAGRAM CURRENTLY EARNS 15 POINTS, (6) MAKING 9 BRACELET PURCHASES CURRENTLY EARNS 1 BRACELET, (7) MAKING 9 BOXED EXCLUSIVE BRACELET PURCHASES CURRENTLY EARNS 1 BOXED EXCLUSIVE BRACELET, (8) READING OUR BLOG CURRENTLY EARNS 5 POINTS. THESE AMOUNTS ARE SUBJECT TO CHANGE AT ANY TIME AT OUR SOLE DISCRETION.
REDEEMING POINTS FOR REWARDS
YOU CAN REDEEM POINTS FOR ELIGIBLE PRODUCTS, AND/OR DISCOUNTS THAT WILL BE APPLIED TO THE PURCHASE PRICE OF THE ELIGIBLE PRODUCTS ON THE SITE.
REDEEMING FOR DISCOUNTS:
100 POINTS CAN BE REDEEMED FOR A TEN DOLLAR (US $10) DISCOUNT OFF THE PURCHASE PRICE OF ELIGIBLE PRODUCTS; NOT INCLUDING APPLICABLE SALES TAXES, AND SHIPPING AND HANDLING. CANNOT BE COMBINED WITH ANY OTHER DISCOUNT, COUPON CODE, OR PROMOTION.
200 POINTS CAN BE REDEEMED FOR A TWENTY DOLLAR (US $20) DISCOUNT OFF THE PURCHASE PRICE OF ELIGIBLE PRODUCTS; NOT INCLUDING APPLICABLE SALES TAXES, AND SHIPPING AND HANDLING. CANNOT BE COMBINED WITH ANY OTHER DISCOUNT, COUPON CODE, OR PROMOTION.
300 POINTS CAN BE REDEEMED FOR A THIRTY DOLLAR (US $30) DISCOUNT OFF THE PURCHASE PRICE OF ELIGIBLE PRODUCTS; NOT INCLUDING APPLICABLE SALES TAXES, AND SHIPPING AND HANDLING. CANNOT BE COMBINED WITH ANY OTHER DISCOUNT, COUPON CODE, OR PROMOTION.
400 POINTS CAN BE REDEEMED FOR A FORTY DOLLAR (US $40) DISCOUNT OFF THE PURCHASE PRICE OF ELIGIBLE PRODUCTS; NOT INCLUDING APPLICABLE SALES TAXES, AND SHIPPING AND HANDLING. CANNOT BE COMBINED WITH ANY OTHER DISCOUNT, COUPON CODE, OR PROMOTION.
WE RESERVE THE RIGHT TO SUBSTITUTE A REWARD ITEM OF COMPARABLE OR GREAT VALUE AT OUR SOLE DISCRETION.
POINTS OR APPLICABLE REWARDS CANNOT BE APPLIED TO PREVIOUSLY PURCHASED PRODUCTS AND/OR SERVICES AND ARE ONLY ELIGIBLE ON NEXT PURCHASE.
EXPIRATION OF REWARDS POINTS
POINTS WILL AUTOMATICALLY EXPIRE TWELVE (12) MONTHS FROM THE DATE THEY ARE EARNED OR IF THE PROGRAM IS TERMINATED, WHICHEVER COMES FIRST. IT IS YOUR RESPONSIBILITY TO MONITOR YOUR USER ACCOUNT AND POINT STATUS. THE ACTION OF EARNING AND/OR MAKING REDEMPTIONS ON YOUR POINTS DOES NOT QUALIFY AS A "PURCHASE" FOR THE PURPOSE OF THIS DETERMINATION.
GENERAL REWARDS PROGRAM CONDITIONS
YOU AGREE NOT TO ABUSE THE PROGRAM AND ANY SOCIAL MEDIA PLATFORMS CONNECTED TO THE PROGRAM BY CONDUCT WHICH IS DETRIMENTAL TO OUR INTERESTS, INCLUDING WITHOUT LIMITATION, ATTEMPTING TO ACCRUE POINTS OR REDEEM POINTS IN A MANNER INCONSISTENT WITH THESE TERMS OR THE INTENT OF THESE TERMS, ATTEMPTING TO EARN POINTS THROUGH ILLEGITIMATE CHANNELS, PARTICIPATING IN A REDEMPTION FRAUD, OR TAMPERING WITH THE PROGRAM OR ITS TOOLS.
WE RESERVE THE RIGHT AT ANY TIME TO (1) SUSPEND OR TERMINATE THE PROGRAM AT ANY TIME; (2) ADD, MODIFY AND/OR DELETE ANY PARTS OF THE PROGRAM, THE POINTS YOU EARN IN CONNECTION WITH COMPLETING ANY QUALIFYING PURCHASES OR ACITIVITES AND/OR ANY LIMITATIONS PLACED ON TOTAL POINTS YOU CAN EARN IN CONNECTION WITH ANY QUALIFYING PURCHASES OR ACTIVITIES; (3) CREATE, ADD, WITHDRAW, AMEND, OR OTHERWISE CHANGE THE WAYS IN WHICH YOU CAN EARN AND/OR REDEEM REWARDS POINTS, AT ANY TIME AT OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE TO YOU. RULES FOR EARNING REWARDS POINTS MAY INCLUDE NUMBER OF REWARDS POINTS EARNED FOR THE ACTIVITY, NUMBER OF TIMES REWARDS POINTS CAN BE EARNED FOR A PARTICULAR ACTIVITY, MAXIMUM NUMBER OF REWARDS POINTS THAT CAN BE EARNED, AND CRITERIA FOR EARNING REWARDS POINTS. WE ALSO RESERVE THE RIGHT TO MAKE ACTIVITIES AND RULES FOR THE ACTIVITIES AVAILABLE ONLY TO SELECT ACCOUNT HOLDERS, AND MAY BE BASED ON PURCHASE ACTIVITY, GEOGRAPHIC LOCATION, LEVEL OF PARTICIPATION, AND/OR INFORMATION SUPPLIED BY YOU.
ANY CHANGES WE MAKE WILL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH WE MAY GIVE BY THE NEW PROGRAM TERMS AND CONDITIONS UPDATED ON THIS PAGE. YOUR PARTICIPATION IN THE PROGRAM AFTER SUCH NOTICE WILL BE DEEMED ACCEPTANCE OF SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK BACK REGULARLY FOR ANY UPDATES AND CHANGES.
YOU CANNOT TRANSFER, SUBSTITUTE OR REDEEM POINTS FOR CASH. YOUR POINTS HAVE NO CASH VALUE. POINTS ARE NOT REDEEMABLE FOR CASH. YOU CANNOT GIVE OR TRANSFER YOUR POINTS TO ANYONE ELSE. ONCE YOU REDEEM YOUR POINTS, THE REDEMPTION CANNOT BE REVERSED, AND IT IS FINAL. PRODUCTS PURCHASED USING POINTS CANNOT BE RETURNED TO US, AND NO POINTS WILL BE RETURNED TO YOU IF YOU ATTEMPT TO RETURN SUCH PRODUCTS TO US.
THE PROGRAM IS NOT VALID WITHIN COMBINATION OF ANY OTHER PROGRAMS WE OFFER. BY PARTICIPATING IN THE PROGRAM, YOU (AN, IF AN ELIGIBLE MINOR, YOUR PARENT OR LEGAL GUARDIAN) AGREE (1) TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, RETAILERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF OUR RESPECTIVE REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "RELEASED PARTIES") FROM ANY LIABILITY OR DAMAGES WHICH MAY ARISE OUR OF PARTICIPATE IN THE PROGRAM OR OUT OF THE ACCEPTANCE, USE, MISUSE OR POSSESSION OF ANY REWARDS POINTS OR PRODUCTS ATTAINED, ACHIEVED OR RECEIVED THROUGH THIS PROGRAM.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, DELAYED, INACCURATE, GARBLED, UNDELIVERED, MISDIRECTED REWARDS POINTS, REQUESTS, ITEMS, OR ERRORS OR PROBLEMS OF ANY KIND RELATING TO OR IN CONNECTION WITH THE PROGRAM, WHETHER PRINTING, TYPOGRAPHICAL, TECHNICAL, COMPUTER, NETWORK, HUMAN, MECHANICAL, ELECTRONIC OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ERRORS OR PROBLEMS WHICH MAY OCCUR IN CONNECTION WITH THE ADMINISTRATION OF THE PROGRAM, THE TABULATING OF REWARDS POINTS, THE ANNOUNCEMENT OF THE PROGRAM OR IN ANY PROGRAM RELATED MATERIALS. PERSONS FOUND
TAMPERING WITH OR ABUSING ANY ASPECT OF THE PROGRAM, WHO ARE ACTING IN A DISRUPTIVE OR UNSPORTSMANLIKE MANNER OR WHO ARE OTHERWISE NOT IN COMPLIANCE WITH THESE TERMS AS SOLELY DETERMINED BY US MAY BE REMOVED FROM THE PROGRAM AND ALL REWARDS POINTS WILL BE VOID. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS' OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS PROGRAM OR DOWNLOADING MATERIALS FROM OR USE OF THE SITE.
ALL QUESTIONS OR DISPUTES REGARDING THE PROGRAM, INCLUDING WITHOUT LIMITATION THOSE INVOLVING ELIGIBILITY, PARTICIPATION, FRAUD AND ABUSE, WILL BE RESOLVED BY US.
YOUR PARTICIPATION IN THE PROGRAM CONSTITUTES PERMISSION FOR AND
OUR DESIGNEES TO USE YOUR NAME, BIOGRAPHICAL INFORMATION, IMAGE, LIKENESS AND/OR STATEMENT ABOUT THE PROGRAM FOR ADVERTISING, TRADE, PROMOTIONAL AND OTHER PURPOSES IN ANY AND ALL MEDIA NOW OR HEREAFTER DEVISED, WORLDWIDE, IN PERPETUITY, WITHOUT ADDITIONAL COMPENSATION, NOTIFICATION OR PERMISSION, UNLESS PROHIBITED BY LAW.
THE PROGRAM IS VOID TO THE EXTENT PROHIBITED BY LAW.
By consenting to Rastaclat's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us here for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Arbitration and Class Action Waiver Agreement:
By using or purchasing Rastaclat's products or services, you agree that any controversy, claim, action, or dispute between you and Rastaclat arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Rastaclat’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Claims shall be heard by a single arbitrator. Arbitrations shall be held in [Los Angeles, CA, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the state of California, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Rastaclat's products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 8020 S. Rainbow Blvd. Ste. 100-405 Las Vegas, NV 89139. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Rastaclat. You are responsible for ensuring Rastaclat’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
Class Action Waiver:
You and Rastaclat agree that you may bring or participate in Claims against Rastaclat only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Rastaclat agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.