Painting with a Twist and their franchisees (collectively, the "Company") offer customers a frequent customer program (the "Rewards Program"): The Painting with a Twist Customer Rewards Program. These Terms and Conditions (the "Program Rules") govern the Rewards Programs and the Company's relationships with members of the Rewards Program ("Members," individually, a "Member" or "You"). Membership in the Rewards Programs is subject to the Program Rules set forth below, and these Program Rules apply universally to the Rewards Programs unless specifically indicated otherwise, and supersede all previous Program Rules. By opening a Customer Rewards Program account ("Account") to earn or redeem Painting with a Twist Rewards Program Points, You agree that:
(a) You have read, understood and accepted these Program Rules; and
(b) You consent to the Company's processing of data that is personal to You, and disclosure of such data to third parties, in accordance with the Company's privacy statement.
As described in more detail below, Members may earn Points, the currency of the Rewards Programs, for each eligible reservation at a participating studio location. Participation in the Rewards Program is subject to the Program Rules, rules, regulations, policies and procedures that the Company may, in its discretion, adopt from time to time. The Company may amend the Program Rules at any time without notice. The Company has the sole discretion to interpret and apply the Program Rules.
The accumulation of Points is subject to the Program Rules. Each Rewards Program Member is responsible for reading the Program Rules, newsletters, and Account statements in order to understand his or her rights, responsibilities, and status in the Rewards Program, as well as the structure for earning rewards ("Rewards", individually, a "Reward").
The Rewards structure is subject to modification, cancellation, or limitation at the Company's discretion, with or without notice. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or reward redemption ("Reward Redemption") may be imposed at any time.
The Company has the right to change, limit, modify or cancel the Rewards Program Rules, Rewards and reward levels at any time, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Rewards. The Company may, among other things: a) increase or decrease the number of Points received for a reservation or required for a Reward; b) withdraw, limit, modify or cancel any Reward; c) add blackout dates, limit reservations available for any Reward at any participating location or otherwise restrict the continued availability of Rewards; d) change program benefits, locations served by the Company, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Rewards; e) change or cancel its Rewards. In accumulating Points, Members may not rely upon the continued availability of any Reward or Reward level, category or tier.
Additionally, the Company has the right to terminate the Rewards Program by providing written notice to its Members six months in advance of Rewards Program termination. In that event, the right to earn Points and redeem Rewards may end six months after notification, no matter the extent of Member participation in the Rewards Program. The Company may terminate the Rewards Program earlier in whole or in part in any jurisdiction(s) if required to do so by applicable law.
After applying to the Rewards Program, a Membership Account will be opened and a Membership Number will be assigned to each applicant. Upon receiving this number, an individual becomes a Member eligible to earn Rewards Program Points.
POINTS EXPIRATION POLICY: Members must remain active in the Rewards Programs to retain Points they accumulate. If a Member is not active for 24 consecutive months, that Member will forfeit all accumulated Points. Members can remain active in the Rewards Programs and retain accumulated Points by earning Points in the Rewards Programs or redeeming Points in the Rewards Programs at least once every 24 months, subject to the exceptions described below.
If a Member does not maintain an active status for five consecutive years, the Member's account may be deactivated. Once Points have been forfeited, the Points cannot be reinstated, but a Member can earn new Points, unless that Member's account is deactivated too.
Not all Points activities help maintain active status in the Rewards Programs. The following activities do not count toward maintaining an active status in the Rewards Programs:
gifting or transferring Points
receiving Points as a gift or transfer
earning Points through social media programs
Rewards redeemed by a Member prior to Point forfeiture are still valid even though the Reward may not have been fulfilled at the time of Point forfeiture.
Rewards Program Points and Rewards earned through participating in the Rewards Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Rewards Program Points or Rewards or is the sole responsibility of the Member.
Members may earn Points and may redeem Points at participating Painting with a Twist studio locations.
The Company reserves the right to reject applications for Membership, to revoke, cancel or suspend any Rewards Program Membership, Reward, and/or any and all unredeemed Points, or take other action at its discretion, at any time with immediate effect and without written notice or liability to any Member, if Company believes: (a) the Member has (1) violated any of the Program Rules, (2) failed to pay any bills or accounts due to the Company or a participating studio, (3) acted in a manner inconsistent with applicable law, regulations or ordinances, (4) engaged in any misconduct or wrongdoing in connection with the Rewards Program, including without limitation, involving Point credit, Reward use, or Member benefits, or (5) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Rewards Program, the participating studio locations or their guests or employees, or the Company or its employees; or (b) Company's provision of the Rewards Program and/or any
associated benefits (including but not limited to Points) to Member may violate any applicable laws to which Company is subject from time to time.
Nothing in these Program Rules will limit Company from exercising any legal rights or remedies that it may have.
Membership in the Rewards Program, the awarding of Points and the redemption of Rewards Program Certificates are automatically void where prohibited by applicable law.
Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions ("access codes") of the PaintingWithATwist.com site (the "Web Site"). The content contained in such restricted areas is confidential to the Company, and is provided to the Member for his or her personal use only. The Company reserves the right to prohibit the use of such access codes by the Member or on his or her behalf by third parties where the Company determines that such use interferes with the Web Site's operation or results in commercial benefits for other entities to the Company's detriment.
The Painting with a Twist Customer Rewards Program is operated by Painting With A Twist, LLC.
The Company has the sole discretion to interpret and apply the Program Rules, and all questions or disputes regarding these Program Rules will be resolved by the Company in its sole discretion.
Conditions of Enrollment
Only individuals are eligible for Rewards Program membership, and each individual may maintain only one Membership Account. Corporations, groups and/or associated entities cannot enroll as Rewards Program Members.
Employees of the Company are ineligible to participate in the Rewards Program.
Accrued Points do not constitute property of the Member. Points accrued by a Rewards Program Member are for the Member's benefit only and may not be transferred to anyone except as provided below. Points are transferable to a legal spouse or domestic partner in the case of documented death of the Member. In addition, there is a limited exception for the transfer of Points into the Rewards Account of a legal spouse or domestic partner in order to qualify for a specific Reward. See “Earn Points – Transferring Points from One Account to Another.” Points are not transferable to another person for any other reason, including divorce or inheritance. Any Points which Painting with a Twist deems in its sole discretion to have been transferred in violation of Rewards Program Terms and Conditions may be confiscated.
The information the Member provides to the Company when completing this application and redeeming Points is processed in the Company’s computer systems both in the country where the information has been collected and in the Company’s computer systems in the United States. Communication of relevant information is important to administering the Rewards Program and providing the Member with the opportunity to maximize the benefits of Membership. We will only disclose Member information to: the Painting With A Twist companies, person(s) authorized by the Member; franchisees, fulfillment houses, email service providers and mail houses that process mail for such entities; and marketing companies that provide services to the Painting With A Twist companies, in each case for the following purposes: 1) in order to better service the Membership Account and preferences by keeping the Member informed of Account status and activities through printed or electronic statements; 2) to assess
entitlement to benefits; 3) to collect and process Member charges incurred in our facilities; 4) to offer the Member additional products and services; 5) to send periodic satisfaction or market research surveys; 6) to offer the Member products or services from select reputable companies with whom we have a strategic relationship because the we believe their offerings will be of interest to Member. In choosing to become a Rewards Program Member, the Member consents to receive all of the kinds of information described above. However, Member will be given the opportunity to define and modify mailing preferences.