Gertrude Hawk – Goodies

Terms and Conditions

These terms and conditions (this “Agreement” or “Terms”) govern the Gertrude Hawk Goodies Reward Program (the “Goodies Program”). The Goodies Program is a program brought to you by Gertrude Hawk Chocolates (“Gertrude Hawk,” “we,” “us,” “our,” “ours”). Use of any membership in the Goodies Program (“Membership”) at any time subjects the user (“you,” “your,” “yours,” “Member”) to the provisions of this Agreement.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, THE GOODIES PROGRAM OR OTHERWISE PARTICIPATING IN THE GOODIES PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF PARTICIPATION, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE.

1) ENROLLMENT

No purchase is necessary to become a Member and there are no Membership fees.  Members are able to achieve Rewards status levels based on “Points” accumulated that entitle the participant to Goodies Program benefits, also known as “Rewards,” at Gertrude Hawk Chocolates Shoppes.  Rewards are subject to availability and may not be redeemed in combination with other promotions, special offers, discounts or coupons.

To enroll in the Goodies Program and begin accumulating credit toward Rewards status levels, visit any participating Gertrude Hawk Chocolates Shoppe and ask any sales associate for a Goodies Program card, subject to availability, and then visit www.GertrudeHawkGoodies.com to complete your registration in the Goodies Program.

Registration may require you to provide some or all of the following information: name, email address, physical address, telephone number(s), birthday, name, and marketing preferences. You may only have one Goodies Program account registered to you.

EARNING POINTS

To receive Points for a qualifying purchase, present your Goodies Program card at the point-of-sale at a Gertrude Hawk Chocolates Shoppe, in conjunction with, and at the time of payment.  Qualifying purchases may not be credited to a Goodies Program account after payment is made.  You will earn one Point for each whole dollar spent (excluding sales tax).  Purchases begin accumulating credit toward status levels and Rewards upon the first presentation of a Goodies Program card at the time of a qualifying purchase on or after October 17, 2016, but Rewards cannot be redeemed until after a participant registers their card.  Only purchases at Gertrude Hawk Chocolate Shoppes are eligible to earn Points.  Purchases made at www.gertrudehawkchocolates.com are not eligible to earn Points.

REWARDS

Rewards will be made available to Members after the Member earns Points at a certain level.  At 50 Points, the Member will receive a Reward certificate entitling the Member to a free half-pound bulk chocolates pack; at 100 Points, the Member will receive a Reward certificate entitling the Member to a free chocolate pack; at 200 Points, the Member will receive a Reward certificate entitling the Member to a $10 certificate and a free gift; at 400 Points, the Member will receive a Reward certificate entitling the Member to a $10 certificate and a free chocolate pack; at 500 Points, the Member will receive a Reward an Elite Member gift, to be sent to the Member’s home address.  If a Member reaches 500 Points, their account will revert to zero Points, and the Member can begin accumulating Points again to achieve the foregoing status levels.  REWARDS CERTIFICATES DO EXPIRE. If you do not use your Reward certificate before any applicable expiration date, your Points will be unaffected and can continue to accumulate to the next Reward level.  See Rewards certificates for details and full terms and conditions of Rewards offers, including applicable expiration dates.Redemption of Rewards is subject to availability at the time of redemption.  Rewards certificates can only be redeemed at Gertrude Hawk Chocolate Shoppes and cannot not be redeemed at www.gertrudehawkchocolates.com.

Rewards certificates will be sent via e-mail, or, by postal mail if the Member cannot provide an e-mail address at time of enrollment.  Goodies Program participants can view and track qualifying purchases, status levels achieved and available Rewards at any store register.  We may also send point status emails periodically.  Gertrude Hawk reserves the right to change the number of status levels and to change the benefits and Rewards associated with each level in its sole discretion at any time.

Generally, once a Goodies Program participant achieves a status level qualifying the participant for a Reward, the Reward will be automatically added to the participant’s account within 24 hours.

Members may also be eligible for other special offers from Gertrude Hawk Chocolates, at Gertrude Hawk’s discretion, including a certificate for half price of an item to be given to the Member upon enrollment in the Goodies Program, and a birthday month gift voucher.

GENERAL CONDITIONS

Memberships and benefits are non-transferable.  If Member does not have their Goodies Program card at the time of purchase, Member consents to being asked at the point of sale or elsewhere for Member’s name and telephone number (or other contact information) so that we may confirm your Membership or update your account. Member also acknowledges that providing information is not required to complete a purchase transaction and is done voluntarily. We expect Members to submit and maintain accurate and current user information in connection with their Membership. Members may change their account information by: updating Member profile data at any store or by e-mailing rewards@nullgertrudehawk.com.  We are not responsible for correspondence that is lost, delayed, misdirected, or undeliverable, for any reason, including the failure of a Member to update their postal or email address.  If you change your account address to one that is not located within the 50 United States or Washington D.C., your Goodies Program account will be deactivated. Once deactivated, you will no longer be able to achieve status levels or receive or redeem benefits under your Goodies Program account.These Goodies Program Terms do not alter in any way the terms or conditions of any other agreement you may have with Gertrude Hawk for other products and services, or the terms or conditions of any other promotional offers or programs conducted by Gertrude Hawk from time to time. Your participation in the Goodies Program confirms your acceptance of these Goodies Program Terms and any such changes or modifications; therefore, you should review these The Goodies Program  Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to the Goodies Program.

In addition, Gertrude Hawk’s determinations of participant eligibility or any questions or disputes arising under the Goodies Program, these Terms, or any other Goodies Program  rules or restrictions shall be final and binding and not subject to challenge or appeal. Nothing in these Terms will limit Gertrude Hawk from exercising any legal or equitable rights or remedies that it may have. Gertrude Hawk is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant’s or any other person’s computer or mobile device related to or resulting from participation in the Goodies Program.  If, for any reason, the Goodies Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Gertrude Hawk which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Goodies Program, Gertrude Hawk  reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Goodies Program or otherwise respond to the circumstances as Gertrude Hawk  deems appropriate.

CANCELLATION; TERMINATION OF MEMBERSHIP

The term of your Membership shall commence on the date you register your Goodies Program card.  You have the right to cancel your Membership at any time.  You may cancel your Membership by notifying a sales associate at a Gertrude Hawk Chocolates Shoppe.  We may terminate your Membership at any time, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provision of this Agreement or applicable law. Without notice to you, Gertrude Hawk reserves the right to suspend any Goodies Program card and/or terminate your account and/or your participation in the Goodies Program if Gertrude Hawk determines in its sole discretion that you have violated these Goodies Program Terms, you have more than one Goodies Program  account, or that the use of your Goodies Program  account is unauthorized, deceptive, fraudulent or otherwise unlawful.  In the event that your participation in the Goodies Program is terminated, then all accumulated Rewards in your account, and any status levels achieved, are void.

MODIFICATION AND TERMINATION OF THE PROGRAM

We may modify or substitute any of the benefits available under the Goodies Program and we may modify or terminate the Goodies Program at any time with or without notice.  Any changes or modifications will be effective immediately upon posting the revisions to www.Gertrudehawkgoodies.com, and you waive any right you may have to receive specific notice of such changes or modifications.

MEMBER PRIVACY POLICY

As a Member, the information we capture will be subject to the Gertrude Hawk Privacy Policy as amended from time to time in accordance with its terms. You may view the current version of the Gertrude Hawk Privacy Policy at any time online at http://www.gertrudehawkchocolates.com/privacy.

DISCLAIMERS

LIMITATION OF LIABILITY. USE OF THE GOODIES PROGRAM  AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GERTRUDE HAWK AND ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “MEMBERSHIP PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT THE GOODIES PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE GOODIES PROGRAM  WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE GOODIES PROGRAM  OR ANY BENEFITS THEREOF;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE GOODIES PROGRAM;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR GOODIES PROGRAM  DATA; OR
  4. ANY OTHER MATTER RELATING TO THE GOODIES PROGRAM.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

GOVERNING LAW

This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.

BINDING ARBITRATION

Member consents to have any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Goodies Program settled by arbitration in or near Philadelphia, PA administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party, including in the form of a class action. The foregoing shall not preclude Gertrude Hawk or any of its affiliates from seeking any injunctive or other relief in State or Federal courts.

ACKNOWLEDGMENT

This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Goodies Program with respect to the Goodies Program  and supersedes any other agreements, statements or representations. Any user of any portion of the Goodies Program is deemed to have accepted the terms and conditions of this Agreement.

CHANGES TO THIS AGREEMENT

We may change the terms of this Agreement at any time by posting a revised Agreement on www.gertrudehawkgoodies.com. We may also notify Members of such change in writing by regular mail or via email to the address in the Member’s account. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at www.gertrudehawkgoodies.com.

ELIGIBILITY

Only United States residents may participate.  The Goodies Program is intended for personal use only.  Commercial use is prohibited. The Goodies Program is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only participate in the Goodies Program under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.  Gertrude Hawk employees are not eligible to participate.