Club1909 is a loyalty reward program (hereafter referred to as the "CLUB1909 Program") which is operated by the Club de Hockey Canadien Inc. (hereafter referred to as "CH"). In accepting to join or continue your CLUB1909 membership, you acknowledge that CLUB1909 assumes no contractual or legal responsibility to you and has specifically limited its legal obligations in its arrangements with the partners to whom CLUB1909 sells points or sponsorship. The accumulation of CLUB1909 Points does not entitle members to any vested rights and, in accumulating CLUB1909 Points, members may not rely upon the continued availability of any award, reward, award/reward level, premium, or other benefit. CLUB1909 specifically reserves the right to amend, alter, withdraw or terminate the CLUB1909 Program (in whole or in part), any program, benefit, award, reward, award/reward level, premium or privilege or these rules either with or without notice. Any such changes may affect CLUB1909 Points which a member has already accumulated as well as any future accumulation of CLUB1909 Points.
In particular, you acknowledge as a condition of continued membership:
1. CLUB1909 Points have no monetary value whatsoever and cannot under any circumstances form the basis of a monetary claim against CLUB1909 or CH;
2. CLUB1909 membership is limited to natural persons and no corporation, trust, partnership or other entity may hold membership in the CLUB1909 Program;
3. Participants must be at least thirteen (13) years of age to be eligible to participate in the Program. CH will not knowingly accept personal information about any individual under the age of thirteen (13). If CH learns that a member is under the age of thirteen (13), the applicable member account will be deleted and any Points that had accrued to that account will be null and void. Certain Rewards (e.g., Rewards including travel) as determined by CH in its sole discretion are only available to Participants over the age of 18. If a Participant under 18 wins a Contest for which they are ineligible, a new draw will take place until an eligible winner is found, unless otherwise agreed by CH in its sole discretion. Each Participant is solely responsible for the safe keeping of their Card, and is liable for all activities conducted with their Card, whether or not conducted by the Participant;
4. CLUB1909 Points or rewards or any other benefits are personal and cannot be assigned, traded, willed or otherwise transferred (other than with the consent of CLUB1909 and in accordance with the Terms and Conditions of the CLUB1909 Program) and any assignment or transfer in violation of these rules will be void and may, at the discretion of CH, result in the loss of membership or the cancellation of the affected reward, benefit or CLUB1909 Points, as the case may be;
5. CH assumes no liability to members whatsoever, including without limitation, liability by reason of the termination of or amendment to the CLUB1909 Program in whole or in part, the addition or deletion of reward partners with or without notice, changes to point earning opportunities or any change to reward or premium levels;
6. CH assumes no liability in respect to rewards claimed and in particular shall have no responsibility for delay or cancellation of rewards. You agree that CH and any of its affiliates, subsidiaries or representatives are not responsible for, and you release us and them from any and all liability arising as a result of, any accident, loss, injury or damage caused by any rewards supplied or requested in connection with the CLUB1909 Program.
7. CLUB1909 membership is a privilege which can be revoked by CH at its discretion at any time and without compensation including without limitation, abuse by the member of any of the Terms and Conditions of the CLUB1909 Program or any other actions deemed by CH, acting in its sole discretion, to be deleterious to CH, the CLUB1909 Program or the interests of its partners;
8. CH shall be under no obligation to continue the CLUB1909 Program or to provide any notice of its termination;
9. CH and all companies affiliated with CH will not be responsible for correspondence lost or delayed in the mail, by email or otherwise.
10. The reciprocal agreement between CH and its partners allows CLUB1909 Members to earn and redeem CLUB1909 Points with all participating partners.
11. A CLUB1909 Member must enroll individually, only once, and in his/her full legal name. Membership is solely for the benefit of the individual; therefore it will be maintained in the name of an individual.
12. Subject to earlier termination or amendment of the CLUB1909 Program, you can accumulate CLUB1909 Points until August 15 of each season, and exchange for rewards until midnight on August 15.
13. CLUB1909 members begin accumulating points for a given season on September 1st of the upcoming season. Points in an account expire on August 15th of the season. Points may expire without further notice.
14. CLUB1909 Points in an account belong to the account holder, and not to the person or company who paid for the purchases (tickets, concessions, merchandise, etc), or any transaction entered into with another CLUB1909 Partner.
15. Each member is responsible for keeping up to date on the CLUB1909 Program regulations and the amount of CLUB1909 Points in his/her account by consulting CLUB1909.com. CH shall attempt to communicate program information and/or promotional information to members. CH shall have no liability for any failure to do so.
16. CH is not responsible for lost or stolen Cards or unauthorized uses. Cards may not be transferred, sold, assigned or otherwise encumbered. All Cards will have an associated Program account ("Program Account") at (CLUB1909 Portal web address) for the management of the Card and its associated Program benefits as described below.
17. Each member shall be responsible for advising CH of any change of mailing or email address. CH shall not be liable for misdirected communications such as mail or email, or any consequences thereof.
18. CLUB1909 vouchers or certificates cannot be redeemed for cash and will be declared void if sold, bartered or transferred. As a result the member may be subject to loss of CLUB1909 Program privileges.
19. All points in an account expire if the CLUB1909 Member has not accumulated or redeemed CLUB1909 Points for a period of 12 consecutive months. Points accumulated for in a given season expire on August 15 of that season.
20. Your account information may only be given to you or a person designated by you in writing as defined earlier or pursuant to a court order or request from a government agency holding legislative power to compel such disclosure.
21. Proper legal documentation will be required from all members requesting a name change.
22. CLUB1909 membership terminates upon death or personal bankruptcy of the member.
23. CH will be the final authority as to what qualifies under the Terms and Conditions of the CLUB1909 Program.
24. CH will be the final authority as to the interpretation of these Terms and Conditions.
25. The CLUB1909 Program shall be governed by the laws of Quebec and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Quebec and/or the Federal Court of Canada in Quebec, or any other judicial district or jurisdiction as CH may determine in any and all actions, disputes, or controversies relating hereto. Any disputes regarding the CLUB1909 Program or in any way arising out of CLUB1909 membership, including CLUB1909 Points accumulated or rewards claimed or received shall be submitted to the courts of Quebec whose courts shall have exclusive jurisdiction to hear such disputes.
26. No waiver by either CH or the member of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
Points and Rewards:
27. Participants acknowledge that Participant activities related to CH games as well as other CH related activities (as CH may determine) are tracked to accumulate rewards points ("Points"). An explanation of how Points may be earned and redeemed for certain rewards ("Rewards"), including a description of the Rewards and rules for transferring, retaining and forfeiting Points, may be found on www.CLUB1909.com. Each Member will earn and manage Points based on their own qualifying activities.
28. Rewards may only be earned by accumulating the applicable point value(s) specified on www.CLUB1909.com. Points may not be used for any purpose other than to redeem Rewards. Points and Rewards cannot be redeemed for cash at any time, have no cash value at any time and cannot be combined with any other ticket or promotional offer from CH or any third party.
29. Points and Rewards may not be transferred (except as expressly set forth in the Program Terms), sold or assigned by any means, electronic or otherwise. CH reserves the right to revoke and not honor any Rewards or Points for which attempts have been made to transfer, sell or assign. CH is not responsible for Rewards lost, misdirected or delayed via mail or over email, nor does it guarantee timely Rewards delivery. The Club is not responsible for unauthorized Point redemption activity.
30. The Points required to earn any Rewards are determined by the Club. The Club reserves the right at any time to change Point values associated with any Rewards; limit, modify or cancel any Rewards or the number and type of Rewards available; and change rules for earning, redeeming, retaining or forfeiting Points.
Additional Terms and Conditions:
Cards, Points, and Rewards are not refundable, exchangeable, replaceable or transferable unless specifically permitted by these Program Terms. Instructions and applicable fees for lost Card replacements are described on Club1909.com. CH is not responsible, and must not be held liable, for misdirected Cards, Points or Rewards and any unauthorized activities related to Cards, Points or Rewards due to erroneous or out dated personal information in a Program Account. The Club is not responsible, and must not be held liable, for any security breaches by any third party, including without limitation related to unauthorized activities related to the Program, Cards, Points or Rewards. Participants are solely responsible for any tax liability (if any) arising out of earning or redeeming Points and the use of Rewards.
In case of violation of applicable laws, regulations or the Program Terms, or fraud or abuse involving the Program, (i) CH will have the right to take appropriate administrative and/or legal action, including but not limited to revocation/cancellation of Cards, Points and Rewards and (ii) Participants will be liable for payment of all fines, penalties, costs, fees and any other monies owed pursuant to the Program Terms and any applicable law. If any term of these Program Terms is held to be unlawful or unenforceable, then the Club and/or the Participant, as applicable, shall be relieved of such unlawful or unenforceable obligation under that term and the remaining provisions will be enforced to the fullest extent permitted by law. Awarding of Rewards is void where prohibited by law.
THE MONTREAL CANADIENS, THE NATIONAL HOCKEY LEAGUE, ITS MEMBER PROFESSIONAL HOCKEY CLUBS, AND EACH OF ITS PARENT AND AFFILIATED ENTITIES, AND THEIR RESPECTIVE AGENTS, LICENSEES, VENDORS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS AND REPRESENTATIVES (COLLECTIVELY, THE "RELEASED PARTIES") WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ANY AND ALL PARTICIPANTS AND THEIR AUTHORIZED USERS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF A REWARD, AND/OR PARTICIPATING IN THE PROGRAM, PROGRAM- RELATED ACTIVITIES AND/OR REWARD-RELATED ACTIVITIES. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD CANNOT BE AWARDED FOR ANY REASON. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND THE RELEASED PARTIES' CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, STRIKE OR LABOR DISPUTE, NATURAL DISASTER, WEATHER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. THE CLUB MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER REASON WITH RESPECT TO THE CARDS, POINTS, REWARDS AND/OR THE PROGRAM.