BLAST PASS TERMS AND CONDITIONS
1. Introduction. American Promotional Events, Inc. – East; American Promotional Events, Inc. – West; Neptune Fireworks, Inc.; TNT Chichester Store, LLC; and TNT Stores, LLC (collectively, the “Company”) offer the Blast Pass Rewards Program (the “Program”) subject to these terms and conditions. The Program provides Members (as defined later) with certain discounts, promotional offers, and special rewards. The Program is intended for individuals only and not for entities, foundations, organizations, resellers, or wholesalers.
2. Eligibility. Except as otherwise prohibited or restricted an applicable law or ordinance, an individual who is a customer of the Company, who is nineteen (19) years of age or older, and who is a resident of the United States of America is eligible to be a Member of the Program.
3. Enrollment in the Program. In order to enroll in the Program, you must: (i) be eligible to participate in the Program in accordance with these terms and conditions; and (ii) provide your first name, last name, a valid email address, and a valid phone number to the Company at the time of your enrollment in the Program. You may enroll by visiting rewards.tntfireworks.com. An enrollee in the Program is referred to as a “Member” and all enrollees are collectively referred to as “Members” in these terms and conditions. A Member represents and warrants that their contact and personal information is accurate, complete, and current. A Member is solely responsible for changing-or-updating their contact and/or personal information during their enrollment in the Program. A Member is solely responsible for the activities that occur on their account used for the Program, whether or not authorized by a Member, and a Member shall not use their account for any illegal, illicit, immoral, unauthorized purpose. If a Member becomes aware of or suspects the unauthorized use of their account, email address, password, phone number, or any other potentially unauthorized use, a Member shall immediately notify the Company.
4. Earning Rewards Points. A Member may earn points (collectively, “Reward Points” and each, a “Reward Point”) for Qualifying Purchases (as defined later) at the Company’s operated-or-sponsored stores or from the Company’s website. Reward Points are earned at a rate of one (1) Reward Point per One (1) United States Dollar ($1.00 USD) spent on Qualifying Purchases at the Company’s operated-or-sponsored stores or from the Company’s website. Reward Points do not expire unless the Program is ended, modified, or otherwise terminated within the sole and absolute discretion of Company.
5. Qualifying Purchases. A Member must identify themselves as a Member of the Program at the point-of-sale in order to receive Reward Points, whether at a Company operated-or-sponsored store or on the Company’s website. “Qualifying Purchases” can only occur a Company operated-or-sponsored store or from the Company’s website and must be for products offered for sale by the Company or the Company’s customer operators. Any purchases from a third-party, even if the purchase is of Company’s products, are not “Qualifying Purchases” and are not eligible for Reward Points under these terms and conditions.
6. Redeeming Rewards Points. The benefits available to a Member for participating in the Program are tiered as follows; provided, that, a Member is eligible to a free one-time only sign-up offer equal to savings of Ten United States Dollars and No Cents ($10.00 USD) on Qualifying Purchases equal to One Hundred United States Dollars and No Cents ($100.00 USD) or more:
- (i) Tier One Reward. “All-American.” “All-American.” A Member who achieves this tier of Reward Points is eligible for savings of Twenty United States Dollars and No Cents ($20.00 USD) on Qualifying Purchases of One Hundred and Fifty United States Dollars and No Cents ($150.00 USD) or more;
- (ii) Tier Two Reward. “Big Timer.” A Member who achieves this tier of Reward Points is eligible for savings of Thirty-Five United States Dollars and No Cents ($35.00 USD) on Qualifying Purchases of Two Hundred Dollars and No Cents ($200.00 USD) or more; and
- (ii) Tier Three Reward. “Blast Master.” A Member who achieves this tier of Reward Points is eligible for savings of Seventy-Five United States Dollars and No Cents ($75.00 USD) on Qualifying Purchases of Three Hundred United States Dollars and No Cents ($300.00 USD) or more.
The Company reserves the right to change, eliminate, increase, or decrease these tiers for Members redeeming Reward Points within the sole and absolute discretion of Company and without prior notice to Members.
7. Unenrollment from the Program. If, at any point after a Member enrolls in the Program, a Member wishes to opt-out of the Program, a Member may do so by clicking “Opt-Out” on the Company’s Rewards Program Page. By unenrolling from the Program, a Member is no longer eligible for the benefits or privileges of the Program. By deleting a Member’s account, a Member forfeits any and all Reward Points that were accumulated in favor of that Member through the time that Member’s account is deleted. Subject to applicable law or legal process, the Company may retain a Member’s contact and/or personal information for a legal or regulatory purpose even if a Member has deleted their account for the Program. If you have any questions or concerns regarding unenrolling from the Program, please feel free to contact the Company via email at blastpass@tntfireworks.com.
8. No Cash Value. Reward Points earned through the Program have no cash value and are only promotional in nature. Reward Points cannot be exchanged for cash or cash equivalents. Reward Points have no purpose or use except in exchange for the benefits and privileges offered by the Company through the Program.
9. Refunds. If the Company issues a Member a refund for a purchase, whether in whole or in part, that was otherwise a Qualifying Purchase under these terms and conditions, the Company reserves the right to deduct the Reward Points, or to not credit a Member with any Reward Points, for the refunded amount of the purchase. The decision whether to deduct the Reward Points, or to not credit a Member with any Reward Points, is within the sole and absolute discretion of the Company.
10. Disclaimer of Representations and Warranties. THE COMPANY MAKES NO REPRESENTATIONS AND OFFERS NO WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE PROGRAM OR THESE TERMS AND CONDITIONS. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND INCLUDING, BUT NOT LIMITED TO, NO WARRANTY OF COURSE DEALING, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF MERCHANTABILITY. THE PROGRAM IS “AS IS”, “HOW IS” AND “WITH ALL FAULTS.” THE COMPANY MAKES NO REPRESENTATION AND OFFERS NO WARRANTY THAT ENTRY INTO THE PROGRAM OR PARTICIPATION IN THE PROGRAM WILL BE DISRUPTION OR ERROR-FREE.
ACH MEMBER AND PROSPECTIVE MEMBER ACKNOWLEDGES AND AGREES THAT THEIR ABILITY TO ENROLL IN THE PROGRAM AND TO PARTICIPATE IN THE PROGRAM MAY DEPEND ON THEIR DEVICE’S ABILITY TO CONNECT TO THE INTERNET, WHETHER VIA A CELLULAR NETWORK, WIFI, OR OTHERWISE. EACH MEMBER ACKNOWLEDGES AND AGREES THAT THEIR DEVICE’S ABILITY TO CONNECT TO THE INTERNET IS NOT WITHIN THE CONTROL OF THE COMPANY, AND THAT THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR A MEMBER OR PROSPECTIVE MEMBER’S INABILITY TO CONNECT TO THE INTERNET IN ORDER TO ENROLL OR PARTICIPATE IN THE PROGRAM.
11. Limitation of Liability. BY ENROLLING IN THE PROGRAM, A MEMBER ACKNOWLEDGES AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE TO A MEMBER FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, UNDER ANY CIRCUMSTANCES OR LEGAL THEORY AND REGARDLESS OF THE CAUSE OF SUCH DAMAGES, EVEN IF SUCH WERE FORESEEABLE OR IF THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN TO THE COMPANY IN ADVANCE BY A MEMBER.
12. Indemnification. By enrolling in the Program, a Member agrees to unconditionally defend (with counsel acceptable to the Company), to indemnify, and to hold harmless the Company and each of its affiliates, parent entities, subsidiaries, successors-and-assigns, and each of their agents, attorneys, directors, employees, and officers (each, an “Indemnified Party”) from and against any and all causes of action, claims, costs, damages, deaths, expenses (including, but without limitation, actual attorneys’ fees and court costs), injuries, illnesses, judgments, lawsuits, liabilities, losses, penalties and/or settlements of any kind or nature arising out of, relating to, or resulting from, whether alleged or proven: (i) any act or omission of a Member; (ii) any breach of these terms and conditions by a Member; (iii) any defamatory, fraudulent, inaccurate, misleading or untruthful statement; (iv) the transmission of any dangerous, illegal, or otherwise harmful content or material to the Company through the Program, including, but without limitation, any ransomware, trojan horse, virus, or worm; (v) the violation of any intellectual property rights of a third-party by a Member; and/or (vi) the violation of any applicable law, ordinance, regulation, or rule by a Member (each, an “Indemnified Claim”). An Indemnified Party shall have the sole and absolute right to control and direct the defense of any Indemnified Claim, which shall be defended at the sole cost and expense of a Member. A Member shall not compromise, resolve, or settle an Indemnified Claim without the prior written consent of an Indemnified Party, consent which may be conditioned or withheld in an Indemnified Party’s sole and absolute discretion.
13. Governing Law and Jurisdiction. The Program and these terms and conditions shall be governed by and are to be interpreted in accordance with the laws of the State of Alabama, without regard for its choice of law or conflict of laws principles. By enrolling in the Program, a Member irrevocably consents to the exclusive jurisdiction of those federal and state courts located within the State of Alabama for any claim, controversy, dispute, litigation, or other proceeding arising out of, relating to, or resulting from the Program or these terms and conditions. A Member also waives any claim or defense based on lack of jurisdiction or forum non conveniens for any claim, controversy, dispute, litigation, or other proceeding arising out of, relating to, or resulting from the Program or these terms and conditions. A Member further agrees to resolve any claim, controversy, dispute, litigation, or other proceeding on an individual basis and without resort to any form of class action. BY ENROLLING IN THE PROGRAM, A MEMBER FULLY WAIVES THEIR RIGHT(S) TO PARTICIPATE IN OR TO PURSUE A CLASS ACTION AGAINST THE COMPANY RELATED TO THE PROGRAM AND/OR THESE TERMS AND CONDITIONS.
14. Privacy Policy. A Member’s contact and personal information used to enroll in the Program is governed by and subject to the Company’s Privacy Policy found on the Company’s website using the following hyperlink: https://www.tntfireworks.com/privacy (the “Privacy Policy”). The Company reserves the right to amend or modify the Privacy Policy with prior notice to a Member. Any amendments or modifications to the Privacy Policy are effective immediately and shall be binding upon a Member based on their continued enrollment in the Program.
15. California Residents. A Member’s, who is a resident of the State of California, contact and personal information is governed by and subject to the Company’s Privacy Notice for California Residents (the “California Notice”) found on the Company’s website using the following hyperlink: https://www.tntfireworks.com/ca-privacy. The Company reserves the right to amend or modify the California Notice with prior notice to a Member. Any amendments or modifications to the California Notice are effective immediately and shall be binding upon a Member based on their continued enrollment in the Program.
16. OFAC Compliance. By enrolling in the Program, a Member, covenants, represents, and warrants to the Company that they are not a blocked or restricted person under any executive order, including, but without limitation, that certain Executive Order Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit or Support Terrorism from September 24, 2001, or under any regulation or rule from the Office of Foreign Asset Control (“OFAC”) within the United States Department of Treasury, including, but without limitation, not being a person named on OFAC’s Specially Designated and Blocked Persons List.
17. Miscellaneous. In the event any provision or part of a provision in these terms and conditions is determined or held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, only such provision or part of a provision shall be deemed severable from these terms and conditions and the remaining terms and conditions shall remain in full force and effect. These terms and conditions are and shall be binding upon a Member and each of their administrators, executors, heirs, personal representatives, trustees, successors-and-assigns. These terms and conditions may not be amended or modified by a Member. These terms and conditions may be amended or modified by the Company within the sole and absolute discretion of Company, without any prior notice to a Member. Any amendments or modifications to these terms and conditions will be published on the Company’s website. A Member shall not assign, delegate, or transfer any of their benefits or privileges arising in connection with their participation in the Program or under these terms and conditions, without the prior written consent of the Company, consent which may conditioned or withheld in the sole and absolute discretion of Company. These terms and conditions contain and represent the entire agreement and understanding between a Member and the Company regarding the Program. No other or prior agreements, discussions, negotiations, or understandings regarding the Program, whether in writing or verbal, are binding, enforceable, or valid. These terms and conditions replace and supersede any and all prior terms and conditions governing or relating to the Program. These terms and conditions shall survive the expiration or termination of the Program.