Mile High FLÏ™ Club Rewards Program Terms and Conditions

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1. Overview, Scope and Eligibility

 

The Mile High FLÏ™ Club Rewards Program (the “Program“) is a loyalty rewards program offered by Nutritional High International Inc. (“NH“, “our“, “we” and “us“) under these terms and conditions (“Terms and Conditions“).  To the extent permitted by applicable law, the Program is offered only in the American states of Colorado, California, Oregon and Washington (the “Permitted States”) and only to legal residents of the Permitted States (each an “Eligible Participant“).  The Program is not offered where, and to the extent it is prohibited by, applicable law.  For clarity, the Program is not offered in Canada. The Program is promoted online (e.g., through www.getfli.com and nutritionalhigh.com websites, social media channels, and publications) and offline (e.g., through NH product packaging, events, and FLÏ™ sales team). The Program is available solely through the Mile High FLÏ™ Club app (on iOS or Android) (the “App“).

Each Eligible Participant who enrolls in the Program and becomes a “Collector” (as defined below in Section 2) will earn Mile High FLÏ™ Club points (“Points“) for purchasing FLÏ™ products, mentioning the FLÏ™ brand (the “Brand“) on social media channels (e.g., #GetFLI), and providing online reviews, among other actions (each an “Action“, and collectively “Actions” as further defined below in Section 3). As a Collector, we authorize you to collect Points and to redeem the Points that you have collected for certain rewards (“Rewards“). See the chart in Section 4 below for a description of the Rewards currently available.

Enrollment, membership and all related benefits of the Program are offered at our discretion. By enrolling in the Program or collecting Points, you agree that you have read and understand these Terms and Conditions and are bound by them, as they may be changed from time to time, and you consent to our collection and use of your personal information under the Program in accordance with our Privacy Policy (see paragraph and link below).

Committed to your privacy

We are committed to protecting your privacy. We collect and use your personal information: (i) to administer the Program, including the management of your Collector Number, to accurately record and update Points balances; (ii) to process Collectors’ orders, including the issuance of Rewards; (iii) to invoice Accounts, as appropriate; to communicate information and offers to Collectors; (v) to understand and analyze Collectors’ responses, needs and preferences; (vi) to develop, enhance, market and/or provide products and services to meet those needs; and (vii) to enable Collectors to participate in promotions and contests. View our Privacy Policy at http://www.milehighfliclub.com/privacy-policy for complete details. If our business is transferred to a new owner, we will give affected Collectors notice before personal information is transferred or becomes subject to a different privacy policy.

2. Participation in the Rewards Program

To participate in the Program, you must first download the App on your mobile device. To enroll in the Program, you must be at least 21 years of age be a legal resident of a Permitted State and provide us with (i) your date of birth, (ii) a valid home mailing address in one of the Permitted States and (iii) a valid email address. Your date of birth, home mailing address, e-mail address and other information as may be required from time to time may be provided through one of the social media platforms as enabled in the App.  If we accept your application for enrollment, we will enroll you in the Program as a collector of Points (“Collector”), assign you a unique Collector number (“Collector Number“), and may send you an e-mail confirmation with your Collector Number. You will also be assigned an account in which you may accumulate Points (“Account“).  As a Collector, you will earn Points that can be redeemed through the App. You may collect Points only under one Collector Number.

The Program, including all Points, every certificate or other document which can be exchanged for a Reward (each a “Certificate“) and all rights relating to them, are and will remain our property. You are responsible for all taxes payable as a result of your participation in the Program, including collecting and using Points and obtaining Rewards. You may not transfer, sell, exchange, give, charge or otherwise dispose of any Point except in accordance with such conditions as we may prescribe from time to time and upon payment of such fees as we may impose in our discretion from time to time.

We may refuse to record or honor Points in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. If you believe that the number of Points in your Account is in error, you must tell us within 21 days of the date of the transaction for which the Points should have been issued or else the number of Points in your Account will be deemed to be correct, except for excess Points improperly recorded in it.  We may require you to submit documentation to support your claim.

If no Points are posted to your Account or used from your Account for a period of 12 consecutive months, then we may cancel the Points recorded in your Account without notice or compensation to you to the extent permitted by applicable law.

3. Earning the Points

The Rewards that are available to you through the Program are based on the number of Points you earn. Points can be earned through the various Actions as listed in the chart below. The chart below also lists the corresponding number of Points that may be earned for each Action.

 

Action Description Logics Points
Download the app Points are awarded immediately for installing the app on your mobile. One-time 500
Scan a FLÏ™ Product Scan a QR code as a proof of a purchased FLÏ™ product. One-time per product 750
Review a FLÏ™ – Facebook Review FLÏ™ on its getfli Facebook page. One-time 250
Post on Facebook Post text/image/video on Facebook and tag. #getfli @fliproducts 100
Post on Instagram Post a photo on instagram and tag. #getfli @fliproducts 250
Tweet Tweet text/image/video on Twitter and tag. #getfli @fliproducts 100
Share the App Share with a friend to use the app built-in sharing options (and receive points per verified sign up). One-time 250
420 clicks 420 clicks on the origami logo One-time 250

 

IMPORTANT – In any Action whereby a Collector posts a review on social media or in any other format online, the Collector must disclose that the post is related to the Program. This may be done by including hashtags in the post disclosing the material connection between you and us – for example #MileHighFLÏ™ClubRewardsProgram OR #RewardsProgram, #MileHighFLÏ™ClubPoints. If such information is not disclosed in the social media post, we may deem, in our sole discretion any Points corresponding to the Action to be invalid and cancel them, which will result in the removal of such Points from your Account.

Points, offers, promotions, and other services and programs are offered by us and may be offered to all Collectors or any group of Collectors, as decided by us. Any offer or promotion is time-limited, and may contain additional terms and conditions, that will apply in addition to these Terms and Conditions. Each offer is only valid once, unless expressly stated otherwise in the terms of the offer.

If you earn Points in a manner not permitted by these Terms and Conditions or any offer, we may deem, in our sole discretion, any such Points to be invalid and cancel them, which will result in the removal of such Points from your Account.

4. Redeeming the Points

To “redeem” means to use your Points to pay for Rewards. You can redeem the Points you earn for Rewards (see chart below for a current list of Rewards that may be obtained by redeeming Points), or for any other purposes of which we may advise you from time to time. Rewards that are physical items may be received by you at your mailing address and may NOT be picked up from partner dispensaries that carry FLÏ™ products (“Partner Dispensary”).  

Points may only be redeemed by Collectors through the App. In order to redeem Points, a Collector will have to select a Reward in the App and spend the corresponding amount of Points from their Account on the selected Reward. The Collector will have to provide their first and last name, e-mail, phone number and the Collector’s mailing address.  The Collector will receive a confirmation e-mail containing the estimated pickup date for the Reward, and confirmation of the location of the Partner Dispensary where the Reward is to be picked up. The Collector will also receive a shipment tracking code for the Reward.

You must redeem a minimum of 1250 Points at a time. The maximum value of Points you can redeem in one transaction is $ 0.50, or such higher amount as may be set by us from time to time.

Rewards Chart

The chart set forth below lists the possible Rewards currently available and the corresponding Points necessary to purchase each Reward. This list may be updated from time to time at our discretion. The updated list will be posted online at http://www.milehighfliclub.com/. The availability of Rewards is subject to the geographical location of the Collector. Depending on the jurisdiction you are in, some of the listed Rewards may not be available to you.

 

Points Prize
1250 Fli Stickers -pkg of 3
2500 Flï 4 Coaster set
5000 Outdoor Multi Function tool kit
7500 Zip Pocket Wrist wallet
10000 FLÏ™ Cap – Male
10000 FLÏ™ Cap – Female
15000 FLÏ™ Men’s Fitted T-Shirt
15000 FLÏ™ Women’s V-Neck Shirt
20000 Fli Jacket

 

5. Other Earning and Redemption Rules

Our records of the number of Points earned, redeemed or deducted shall govern in the event of any dispute. If you have a concern regarding your Account balance, you must contact us and provide relevant evidence within 21 days from the relevant transaction date to report any discrepancy. If we do not hear from you within 21 days, it means you agree with us about those Points.

Should you choose to close your Account, you will have 30 days to redeem any Points accumulated in your Account. Any Points not redeemed after 30 days from the closure of your Account will be forfeited and removed from your Account.

You may, with our prior consent and upon proper proof and payment of such fees as we may in our discretion impose from time to time, merge your Collector Number with the Collector Number of a family member or member of your household provided that person remains an Eligible Participant.

The number of Points displayed on any website, email, mobile app or by any other method, may not reflect your current Points balance according to our records. To the extent permitted by law, we accept no liability for any errors in the Points balance displayed on any website, email, mobile app or other method. If any Points are awarded to your Account in error, we reserve the right to deduct the number of Points awarded in error at any time and without notice to you. We are not obligated to honor a request to redeem Points added to an Account in error. Points will not be awarded if in our reasonable opinion the Rewards purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited.

Points have no cash value and are not exchangeable for cash. Except as permitted from time to time by NH, Points cannot be assigned, exchanged, purchased or given by gift. Points cannot be sold, traded, bartered, rented or otherwise disposed of. Points are void if sold for cash or any other consideration.

6. Changes to the Program

We reserve the right to restrict, suspend or otherwise change any aspect of the Program. We may modify all or one or more parts of these Terms and Conditions at any time, including the following elements:

  • the eligibility conditions for participating in the Program;
  • the manner in which a Collector participates in the Program;
  • the manner and rate at which Points are earned; and
  • the manner and rate at which Points are redeemed.

In the event these Terms and Conditions, or any aspect of the Program, is restricted, suspended or changed, we will provide you advance notice by posting the amended Terms and Conditions online at http://www.milehighfliclub.com/terms-and-conditions. Your continued participation in the Program following such notice will constitute your consent to any amendments to these Terms and Conditions, or any other aspect of the Program. In the event that the amendment entails an increase in your obligations or a reduction in our obligations and you do not agree to such amendment, you may close your Account and cancel your participation in the Program without cost or penalty. You will then have 30 days to redeem any Points in your Account. Any Points that are not redeemed after 30 days will be forfeited.

7. Limitation of Liability

Neither we, our affiliates nor any of our or their respective officers or directors have any responsibility or liability for any expense, loss, cost, injury, damage, delay, travel cancellation, accident or any other matter or thing whatsoever (collectively, “Costs“), however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to (i) the Program or your participation in the Program; (ii) any failure, delay or decision by us in administering the Program or amending these Terms and Conditions or the basis on which you can use Points; (iii) unauthorized use of your Account; or (iv) any offer, representation, statement or claim about the Program. This applies even if we or our representatives are advised of the possibility of such Costs. Partner Dispensaries are not responsible for the Program. Any liability we may have to you or anyone else who obtains the benefit of any Points you use, under any circumstances, for any negligence, breach of contract or otherwise, is limited to crediting your Account with the number of Points you used in connection with those circumstances, or, if no Points were used, to a maximum of one-tenth of one percent for each Point recorded in your Accounts when the liability arose. Use of our website is subject to the terms of use displayed on it from time to time which can be accessed at http://www.milehighfliclub.com/terms-of-use.

9. General

These Terms and Conditions may be different from what you know about the Program. These Terms and Conditions constitute the entire agreement between you and us regarding your participation in the Program, your entitlement to collect and use Points and your entitlement to any other benefits of the Program, and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program or any Reward. Unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. The arbitration shall take place in San Francisco, and in accordance with the laws of the State of California.  In all other respects the arbitration shall be in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The arbitration shall be conducted in strict confidence with no disclosure to any person of the fact of the dispute or any aspect of the dispute except as necessary for resolution of the dispute. We will not be taken to have waived any of our rights even if we accept and apply Points when not required to do so. Points have no cash, monetary or other value and cannot be converted into any currency. All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes. The Program and the Terms and Conditions are governed by the laws of the State of California.  If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions.

These Terms and Conditions were last updated May 7, 2018.