By using a Platinum Perks Card (“Digital Card” or “Card”) to purchase products from Platinum Performance, Inc.'s (“Company” or “Platinum”), you ("Participant", "you" or "your") acknowledge that you have read and understand the following terms and conditions, rules, regulations, policies, and procedures governing your use of the Digital Card as part of the program (“Program”) as set forth herein (the "Agreement"). Participant agrees to comply with and be bound by this Agreement. The Company reserves the right, to be exercised in its sole discretion, to suspend or disqualify Participants who have violated any of the terms and conditions of this Agreement. The Company reserves the right to change the terms or conditions of the Program, in whole or in part, and to terminate the Program, or invalidate Participant’s Platinum Perks at any time for any reason without prior written notice. Your continued participation in the Program constitutes your acceptance of any changes or modifications to the Program or this Agreement.
Your use of the Platinum Perks Card and your participation in the Program shall be governed in all respects by the law of the State of New York, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to your Account or the Program shall be in the state or federal court of competent subject matter jurisdiction in the County of New York in the State of New York.
Certificate
- Platinum Perks Cards do not constitute property of the Participant, and are not transferable, by operation of law or otherwise, to any other person or entity. If Platinum provides a Digital Card to Participant indicating the number of dollars the Participant has ("Platinum Perks" or “Perks”), such Perks (a) are nontransferable and (b) have no cash value and are not gift cards or gift certificates and are not redeemable for cash under any circumstance.
- Eligible Participants will receive a Platinum Perks Digital Card directly from Platinum or from an official Platinum partner or sponsored individual. The Digital Card will be provided in the form of a coupon code or link sent to Participant via email or text message. If providing a mobile phone number to receive the Digital Card, Participant also ops-in and agrees to receive promotional text messages from Platinum. Standard message rates may apply. Participant may opt-out of receiving promotional text messages at any time by texting “STOP”.
- Once a Card is issued, it must be redeemed by the expiration date. Unless otherwise stated on the Card or at the time of issuance, the expiration date of the Card will be ninety (90) days from the issue date.
Redeeming Platinum Perks Cards
- You must first register for an account (an “Account”) with Company here: www.platinumperformance.com ("Website"). Next, on our Website, you may apply Platinum Perks to the purchase price up to the published retail price of the corresponding product. You will use our online tools to indicate that you are applying Platinum Perks to the purchase price at the time the purchase is made.
- All products are subject to availability and certain other restrictions may apply. Platinum reserves the right to modify or cancel the Program at any time.
- Redeemed Platinum Perks are not refundable, exchangeable, replaceable or transferable for cash, credit, and are not valid outside the United States. Perks cannot be redeemed unless the Participant's account with Company is in good standing (e.g. all payments are current).
- Participants may not combine Platinum Perks from different Digital Cards or other programs.
- Participant may not redeem Platinum Perks on purchases intended for resale of the products. Participant will be the end-user of all products and will not resell products to any third party.
- By participating in the Program, the Participant releases Platinum and its parents, subsidiaries, affiliates, employees, officers, directors and agents, from any liability whatsoever for, and waives any and all causes of action related to, any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with acceptance, possession, use of or inability to use any Platinum Perks and/or Participant's participation in the Program (including, without limitation, claims, costs, injuries and damages related to pecuniary loss, personal injuries, death, or damage to or destruction of property), whether under a theory of contract, tort (including negligence), warranty or other theory.
Eligibility
- Except as otherwise set forth herein or where prohibited or restricted by law, the Program is available only to residents of the United States and its territories, are at least 18 years of age, must own (or be involved in caring for) a horse, dog or cat, , and whose Account with Platinum is in good standing (which includes compliance with this Agreement). Veterinarians and animal health professionals are not eligible to participate.
- To be eligible to receive a Platinum Perks Digital Card under the Program, Participants must either (a) attend an event or tradeshow where representatives from Platinum or an official Platinum partner or sponsored individual are present to promote the Platinum Perks Program; or (b) engage online with Platinum social media or with the social media pages of a Platinum partner or sponsored individual; (c) or by calling or texting a Platinum Advisor.
- Platinum Perks may only be redeemed for purchases by an individual, and may not be redeemed by corporations, limited liability companies, businesses, non-profit organizations, partnerships, enterprises, veterinary practices, breeders, shelters, rescues, trainers or any other entity.
- Eligibility is subject to review and approval by Platinum. Participation in another Platinum program may disqualify Participant from use of Perks, in Platinum’s sole discretion. Any dispute regarding the eligibility of a Participant will be resolved by Platinum in its sole discretion.
- Employees of Platinum, its parents, subsidiaries or affiliates and employees are not eligible to participate in the Program. Sponsored individuals and resellers are not be eligible to receive or redeem Platinum Perks Cards. Aside from sponsored individuals and resellers who may not be eligible, those not purchasing products at the full retail value (as stated in the corresponding price list or online) are not eligible to participate in the Program.
Right to Change Program
- Platinum may terminate the Program, in whole or in part, at any time and in its sole discretion, without prior written notice. Effective as of the date of termination, participants may no longer redeem Platinum Perks.
General
- You acknowledge and agree that by creating an Account to Participate in the Program, Platinum may send, and you may receive, email notices (including Updates) about the Program from time to time as well as other special promotions, offers, or offerings that Platinum believes may be of interest to You. A Participant who chooses to opt-out of marketing communications will receive only transactional messages related to his/her Account.
- Participant’s Account information will be protected in accordance with the Platinum Privacy Policy, available at: https://www.platinumperformance.com/privacy-center.html.
- Participant’s use of the Website is governed by its Terms of Use [link]. Each Participant is responsible for remaining knowledgeable on, and in compliance with, the Platinum Website’s Terms of Use.
- Platinum Perks redeemed through the Program may result in tax liability or reporting obligations. Any tax liability, including disclosure obligations, associated with the receipt or use of Program Perks shall be the sole responsibility of the Participant.
- In the case of fraud or abuse involving the Program, or failure to comply with this Agreement, Platinum reserves the right, without waiving or limiting any other remedy or claim it may have, to take appropriate administrative and legal action, including canceling Participant’s available Platinum Perks and/or terminating the Participant's participation in the Program.
- Platinum reserves the right to cancel Platinum Perks and terminate a Participant's Program account if his or her account is not in good standing (which includes compliance with this Agreement).
- All questions or disputes regarding eligibility for participation in the Program and redemption of Platinum Perks shall be resolved by Platinum in its sole discretion.
- This Agreement, as it may be amended from time to time, together with the Updates, as they may be amended from time to time, shall constitute the entire agreement between the parties with respect to its subject matter.