CONDITIONS OF THE CLUB 1909 PROGRAM (the “Program”)
Please read the following carefully to understand the conditions governing your subscription to the Program (the “Conditions”).
The parties to this agreement are Club de hockey Canadien, Inc. (“CH”) and yourself (also referred to as a “Member”).
Your subscription to the Program is governed by these Conditions and the Confidentiality Policy (https://www.nhl.com/canadiens/team/privacy-policy). By continuing to subscribe to the Program, you agree to the conditions of the Program and of the Confidentiality Policy, and you agree to comply with them as long as you are a Member of the Program. By subscribing to the Program you confirm having read and understood these Conditions, which may be modified from time to time. You further agree to allow CH to collect and use your personal information in accordance with the Confidentiality Policy, which may be modified from time to time, and is an integral part of these Conditions as if cited herein in its entirety.
The Program is a loyalty and reward program operated by CH. The Program provides you with an opportunity to earn Points (as this term is defined below), claim Rewards (as this term is also defined below) from participating partners, and to enjoy the benefits, as determined by CH, associated with your status as a Member of the Program (the “Benefits”). CH is the sole entity responsible for administrating the Program.
1. EARNING POINTS AND CLAIMING REWARDS AND BENEFITS
1.1. Each Member earns Points in connection with activities determined by CH (the “Points”). As an example only, CH may decide that a Member will earn a certain number of Points if he or she watches a Montreal Canadiens game.
Allocation of the number of Points per activity, a description of the rewards offered as part of the Program (the “Rewards”), and the applicable terms and conditions for exchanging Points are shown in detail at: https://www.club1909.com/Points-rewards. By continuing to subscribe to the Program, you acknowledge having read and understood this information.
1.2. To earn Points, the Member must follow the instructions of CH or of its participating partners.
1.3. If you return a purchase for which you earned Points CH may, at its sole discretion, deduct the number of Points earned for said purchase from the balance of the Points in your Account (as this term is defined below). If you are partially reimbursed for a purchase for which you earned Points CH may, at its sole discretion, deduct the number of Points earned which represents the amount of the reimbursement you received.
1.4. Points may only be used to claim Rewards. The number of Points required to claim Rewards are determined by CH. CH reserves the right to change the number of Points required for a Reward based on the increase in retail value of that Reward, and to limit, modify or cancel any Reward or the number and types of Rewards available.
2. PROGRAM CONDITIONS
2.1. Subscription to the Program is free and no purchase is necessary to become a Member of the Program.
2.2. The Program is offered by partners designated by CH at its sole discretion. CH reserves the right to add or remove partners at its sole discretion.
2.3. Subscription to the Program is reserved to physical persons; companies, joint ventures, partnerships, groups and associations are specifically excluded.
2.4. Program Members must be 13 years of age or older, and must have obtained consent from a parent or guardian, if they have not attained their majority, and such consent is required in their place of residence. Some Rewards as determined by CH at its sole discretion are available only to Members 18 years of age or older. If a Member less than 18 years of age wins a contest to which he or she is not eligible, a new drawing will be held to determine a new eligible winner. Specific rules apply to each contest.
2.5. The Points belong to the Member whose account is used, and not to the person who pays for the purchase or completes the transaction for which Points are earned. Each Member’s Points and/or Rewards and/or Benefits may not be assigned or otherwise transferred without prior written consent from CH. Only the Member of the Program can earn Points, claim Rewards and receive Benefits.
2.6. Points, Rewards and/or Benefits have no monetary value and may not be monetized or sold. Points may not be combined with any other promotional offer from CH or a participating partner.
2.7. After subscribing to the Program, Members will receive a number associated with their account (the “Account”). An Account can only be used by one Member.
A Member shall only have one Account. The Account may not be transferred or sold in any manner whatsoever. Members must notify CH of any change or modification to their personal information. CH reserves the right to cancel an Account if the informations provided by the Member are incomplete or incorrect.
2.8. Members are responsible for protecting their Account, passwords, and security questions relating to their Account, and are responsible for any use of their Account in violation of these Conditions.
2.9. The Account is the property of CH and may be revoked at any time at its sole discretion.
2.10. Every Member is responsible for any activities carried out using his or her Account, whether by the Member himself or herself, or by any other person. If a Member’s Account is hacked, he or she is responsible for notifying CH. The pirated Points earned on the Account that has been hacked will be transferred to an new Account when a new Account is opened. CH cannot be held liable for purchases ou transactions performed on the Account between the time the Account is hacked and the time CH deactivates the Account, it being understood that CH will deactivate the Account within a reasonable delay after CH receives written notification from the Member to the effect that his or her Account has been hacked.
2.11. Members can access the information relating to their Account (Points earned, management of Account, obtain Benefits, access to these Conditions, etc.) by visiting https://www.club1909.com and accessing their Account. CH cannot be held liable to communicate any such information to Members, other than in accordance with these Conditions.
2.12. CH may, at any time and with no prior notice: (i) refuse to grant an Account to a customer who does not comply with the required subscription procedures; or (ii) in case of reasonable doubt, suspend or cancel a Member’s Account, Points earned, Rewards and Benefits of a Member who abuses of his or her privileges, breaches these Conditions, makes a false statement and/or acts in a manner that is prejudicial to CH or its partners.
2.13. CH reserves the right to end the Program after giving its Members 60 days prior notice. Members will be able to use their Points up to the effective end date of the Program.
2.14. CH reserves the right to unilaterally amend all or part of the following terms:
a) Eligibility conditions for taking part in the Program;
b) The manner in which a Member takes part in the Program;
c) The way in which Points are earned and the rate at which they are earned;
d) The way in which Points are exchanged and their exchange rate;
e) The period after which CH can terminate an Account and cancel a Member’s Points because of Account inactivity;
f) The conditions for keeping or losing Points; and
g) The terms and conditions under which CH can revoke or suspend an Account.
In such a case, CH will notify you of the amendment between the 90th and 60th day preceding the effective date of the amendment by sending you a written notice containing the amended provision, the previous version, and the effective date of the amendment.
2.15. Subscription to the Program will be terminated in the event of a Member’s death or bankruptcy.
2.16. Points do not expire. However, if a Member’s Account has not been used for a purchase transaction, to earn Points, or to claim a Reward or Benefit for a period of 12 consecutive months, CH reserves the right to close the Member’s Account and cancel the associated Points by sending the Member a notice of inactivity between the 60th and 30th day prior to cancelling the Member’s Points. Points will also be cancelled if a Member terminates his or her subscription to the Program and does not use his or her Points within 30 days following the termination of his or her subscription.
3.1. Neither CH, its subsidiaries, shareholders, affiliated companies, the National Hockey League nor their respective employees, directors, officers, agents or representatives (the “Exonerated parties”) assume any liability toward Program Members with regard to their participation in the Program or as a result of their use of a Reward or a Benefit including, without being limited to, any liability arising out of : (i) the end of or the modification of the Program in accordance with these Conditions; (ii) addition or removal of Rewards; (iii) modifications to types of Rewards; (iv) any delay in the delivery of Rewards; (v) any damage or loss suffered by a Member resulting from incorrect personal information in his or her Account; (vi) any error in the balance of Points assigned to an Account; (vii) modifications to activities for which Points can be earned; (viii) any injury, loss or damage, including death and damage to property; or (ix) a case of force majeure. For the purposes of these Conditions, force majeure means the occurrence of an irresistible event that renders CH incapable of fulfilling its obligations hereunder. Without limiting the generality of the foregoing, a case of force majeure includes any partial or total work stoppage, strike, lock-out, fire, riot, accident, war, disaster, technical failure, unauthorized intrusion into its computer systems, destruction of the site in whole or in part, interruption of an essential service or any other similar event or uncontrollable circumstance of similar nature.
3.2. Without limiting the generality of the foregoing, the Exonerated parties cannot be held liable for any crash of the https://www.club1909.com site, or any problem or technical defect of the networks, telephone systems or lines, computer systems, servers, access providers, or computer hardware or software, nor for the failure of an e-mail transmission, the log in of a Member to his or her Account or an Internet connection. Furthermore, the Exonerated parties cannot be held liable for Internet traffic congestion on any Internet site or any damage to any computer or asset associated with participation in the Program or with downloading or uploading any data directly or indirectly related to the Program. CH reserves the right at its sole discretion to end, modify or suspend all or part of the Program in any way whatsoever in the event of a computer error, technical problem, bug or virus, alteration, unauthorized intervention, fraud or technical failure, or any other situation beyond CH’s control that prevents the proper operation of any aspect of the Program. Any attempt to deliberately damage a Website or to impair the functioning of the Program in any way whatsoever (as CH may determine at its sole discretion) could constitute a violation of existing laws and, in such case, CH reserves the right to exercise any recourse and to claim damages to the full extent allowed by law.
3.3. You therefore waive any claim related to the Program against the Exonerated parties for loss and damages of any kind resulting from whatever cause.
3.4. To the extent permitted by law, you agree to protect, hold harmless and indemnify the Exonerated parties against loss, claim, demand, cause of action, liability, damages and expenses (including reasonable attorneys’ costs) incurred by the Exonerated parties resulting from: (i) your breach of these Conditions; (ii) your participation in the Program; or (iii) any damage to assets caused by your acts or omissions.
4. GENERAL PROVISIONS
4.1. These Conditions and all other information relating to the Program that can be found at https://www.club1909.com constitute the terms and conditions applicable to the Program, and replace and nullify any other understanding or prior condition relating to the Program. In the event of a contradiction between the terms of these Conditions and any other document relating to the Program, these Conditions will prevail.
4.2. CH reserves the right to sell or transfer the Program, in whole or in part, to an affiliated company or a third party as part of the transfer of all or substantially all of its company and assets through a merger, sale of assets, sale of shares, or otherwise. In such case, CH will be entirely released of its obligations hereunder.
4.3. No failure by CH to exercise its rights or recourse provided for herein or by operation of law, nor any delay in doing so, will constitute a waiver of said rights or recourse. Occasional or partial exercise of a right or recourse will not prevent its exercise at a later date and/or the exercise of any right or recourse in their entirety.
4.4. Each section of these Conditions is separate and severable from the others, and the fact that one of them be declared invalid or unenforceable by a competent tribunal, in whole or in part, will have no effect on the validity or enforceability of the other section of these Conditions.
4.5. If any of the provisions of these Conditions is in contravention of a law, it shall be interpreted in a way that will render it compliant with the law or, failing that, in the manner that is most likely to respect the intent of these Conditions without acting in contravention of said law.
4.6. These Conditions are governed by the laws in effect in the Province of Québec and applicable Federal laws, irrespective of provisions pertaining to legal conflicts, and only the courts of the judicial district of Montreal will have jurisdiction to settle any actions with respect to their interpretation, application or execution.
4.7. All sections of these Conditions that, by their nature, must survive, will survive the termination of a Member’s Account including, without limitation, sections 3 and 4.
If you have any questions about the Program, please visit https://www.club1909.com or phone: 1 877 GO FANS GO (1 877-463-2674) .
©Club de hockey Canadien, Inc. Montréal 2019