SpringBack Rewards Program
Terms and Conditions
Last Updated: December 13, 2018
Spring NYC, Inc. ("Spring", "we", "us" or "our") offers the SpringBack Rewards Program ("Program") to allow our users to earn SpringBack Rewards (defined below) on purchases completed through the Services. Your participation in the Program is governed by and subject to these Terms and Conditions ("SpringBack Rewards Terms" or "Terms"). These Terms supplement our Terms of Service, available at https://static.shopspring.com/resources/terms_of_service.html ("Terms of Service"), which are incorporated into these SpringBack Terms by reference. Any capitalized terms not defined in these SpringBack Rewards Terms will have the meaning set forth in our Terms of Service. If any term of these SpringBack Rewards Terms conflicts with any term of the Terms of Service, these SpringBack Rewards Terms will control with respect to the Program. The term "Services" in the Terms of Service will include the Program and all services provided by Spring with respect to the Program. Spring may modify these SpringBack Rewards Terms from time to time subject to the procedures set forth in Section 19 of the Terms of Service. BY PARTICIPATING IN THE PROGRAM YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, BINDING ARBITRATION AND WAIVER OF A RIGHT TO JURY TRIAL, AND NEW YORK LAW.
- SpringBack Rewards Program. Through the Program, users have the opportunity to earn promotional rewards on all eligible purchases made through the Services in the form of SpringBack Rewards. "SpringBack Rewards" means the amount of promotional rewards earned on eligible purchases made through the Services, which may be disbursed as credits to use on purchases to be made on the Services ("Spring Credits"), cash disbursed to the account owner, or such other redeemable value as Spring may determine in the future. Participation in the Program and the opportunity to earn SpringBack Rewards are offered at the sole discretion of Spring and subject to your compliance with these SpringBack Rewards Terms and the Terms of Service. SPRING MAY MODIFY, LIMIT, SUSPEND, OR TERMINATE YOUR ABILITY TO PARTICIPATE IN THE PROGRAM IN ITS SOLE AND ABSOLUTE DISCRETION, AND MAY CHANGE, SUSPEND, OR CANCEL THE PROGRAM IN WHOLE OR IN PART, INCLUDING CHANGING THESE TERMS, EXPIRING OR REDUCING ANY SPRINGBACK REWARDS YOU MAY HAVE ACCUMULATED THROUGH THE PROGRAM, OR MODIFYING OR ELIMINATING ANY METHODS OF DISBURSEMENT OR REDEMPTION, AT ANY TIME WITH OR WITHOUT PRIOR NOTICE TO YOU. SPRINGBACK REWARDS HAVE NO CASH VALUE, THE ABILITY TO REDEEM SPRINGBACK REWARDS FOR CASH DISBURSEMENTS DOES NOT PROVIDE SPRINGBACK REWARDS WITH A CASH VALUE. SPRING CREDITS HAVE NO CASH VALUE.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section ("Arbitration Agreement") carefully. It is part of the SpringBack Rewards Program and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Contact Spring First. If a dispute arises between you and Spring regarding the SpringBack Rewards Program, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Spring regarding the SpringBack Rewards Program by emailing: email@example.com.
- Applicability of Arbitration Agreement. All claims and disputes in connection with the SpringBack Rewards Program that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Spring, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms of Service.
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this Section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Service ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Spring, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these SpringBack Rewards Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Spring.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes related to the SpringBack Rewards Program shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Spring in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SPRING WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in New York, New York.
- Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Spring.
- Governing Law. These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- Eligible Purchases. Users will earn SpringBack Rewards equal to four percent (4%) of the Net Purchase Amount of all eligible purchases made through the Services ("SpringBack Rewards Percentage"). Spring may in its sole discretion exclude certain brands, certain products, or certain purchases from the Program. "Net Purchase Amount" means the amount paid for products purchased through the Services, less any taxes, fees, shipping, gift wrapping, discounts, returns, cancellations or credits. At its discretion, Spring may include in the Net Purchase Amount: Spring Credits or certain other credits earned by the User or provided to the User by Spring that you use during your purchase. Spring may change the manner in which the Net Purchase Amount is calculated at any time in its sole discretion. SpringBack Rewards may not be earned on purchases of gift cards. Spring may change the SpringBack Rewards Percentage at any time in its sole discretion and the SpringBack Rewards Percentage may vary by brand and product category.
- Campaigns and Promotions. Spring may, from time to time, run campaigns or promotions that allow you to earn additional SpringBack Rewards on the Value of all purchases made through the Services. For example, Spring may offer a higher or additional SpringBack Rewards Percentage on purchases made on certain days, with certain brands, on certain products, or based on customer spending tier or form of SpringBack Rewards to be redeemed (e.g., Spring Credits or cash). Such campaigns and promotions may be subject to additional terms and conditions provided at the time of the campaign or promotion.
- Cancellations and Returned. If an order is cancelled or returned, no SpringBack Rewards will be earned on the Net Purchase Amount of such order and any SpringBack Rewards issued in connection with such order will be deducted from your SpringBack Rewards Account.
- Earning SpringBack Rewards
- Accrual and Disbursement
- Accrual. SpringBack Rewards earned on eligible purchases made through the Services will accrue in your SpringBack Rewards balances. Spring may place limits on the amount of SpringBack Rewards that can be accrued in a given time period. The amount of SpringBack Rewards accrued is viewable on your Account page. Once a purchase is made, the amount of SpringBack Rewards earned can be seen in your "Pending" SpringBack Rewards balance on your Account page. Some period of time following your purchase (as Spring may determine in its sole discretion), the SpringBack Rewards earned can be seen in your "Available" SpringBack Rewards balance on your Account page and will be eligible for disbursement. Please allow at least sixty (60) days for SpringBack Rewards to become "Available".
- Adjustments. Spring Concierge, our customer service team, will have ability to increase or decrease from both "Pending" and "Available" SpringBack Rewards balances in its sole discretion, subject to these SpringBack Rewards Terms. Your "Pending" SpringBack Rewards balance will increase or decrease based on subsequent purchases, returns and cancellations. If any order is cancelled or returned, any corresponding SpringBack Rewards will be removed from your "Pending" SpringBack Rewards balance. However, if an order is returned and refunded in Spring Credits, then the corresponding SpringBack Rewards will not be deducted. It is your responsibility to check your SpringBack Rewards balances regularly to ensure that SpringBack Rewards have been properly credited and disbursed and that your balances are accurate. If you believe that SpringBack Rewards have not been correctly credited to your SpringBack Rewards balance, you must contact Spring Concierge within ninety (90) days of the purchase. Should you disagree with any adjustments made to your SpringBack Rewards balances or disbursements made to you, your sole remedy is to attempt to resolve such disagreement by contacting Spring Concierge or terminating your Account.
- Disbursement. You may redeem the "Available" SpringBack Rewards any time via your Account page. "Available" SpringBack Rewards may be disbursed as Spring Credits, cash disbursed to the Account owner, or such other redeemable value as Spring may determine in the future. Spring may modify or eliminate any methods of disbursement or redemption at any time with or without prior notice to you. If you elect to have your SpringBack Rewards disbursed as cash, the "Available" SpringBack Rewards may be provided in US dollars as a refund to your original payment method, or via such other payment options as Spring may make available from time to time. Please allow 2-3 weeks for your payment to be credited to your payment method. You may select or change your payment options in your Account settings. Spring, in its discretion, may limit the amount of SpringBack Rewards that can be redeemed through any disbursement method. If you choose a cash disbursement and Spring is unable to process such cash disbursement, Spring will notify you via the email address associated with your Account so you can provide such additional information necessary to claim such refund or can select another disbursement option within thirty (30) days of notification. If Spring is still unable to process such cash disbursement, the reward will remain in your account available to claim until it becomes eligible for auto-disbursement. At the end of each calendar quarter, "Available" SpringBack Rewards which have not been redeemed for Spring Credits, cash, or other redeemable value, will be automatically disbursed as Spring Credits within thirty (30) days following the end of such calendar quarter, as explained more fully in Section 4(e) below.
- Receiving Disbursements. As a condition of disbursement of "Available" SpringBack Rewards, you must establish and maintain a Spring Account with all information necessary to process your disbursement as may be required from time to time. You further agree to provide additional information we may reasonably request to help us process the disbursement. Also as a condition of disbursement, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control ("OFAC") or be listed as a "Specially Designated National," a "Specially Designated Global Terrorist," a "Blocked Person," or similar designation under the OFAC sanctions regime. Spring may require a minimum balance amount, as determined in our sole discretion, to initiate disbursements. Spring reserves the right to delay the disbursement of "Available" SpringBack Rewards or modify its disbursement schedule at any time in its sole discretion. Spring is not responsible for payments delivered to the wrong person through no fault of Spring or for payment errors made by payment partners or any third party.
- Unredeemed SpringBack Rewards. If at the end of any calendar quarter, there is any "Available" SpringBack Rewards in your Account that has not been redeemed by you, Spring may automatically disburse the "Available" SpringBack Rewards as Spring Credits within thirty (30) days following the end of such calendar quarter. Please note the expiration terms related to Spring Credits, described in Section 4(f) below.. The automatic disbursement date is subject to change at any time in Spring’s sole discretion.
- Spring Credits Expiration. Spring Credits will expire thirty (30) days after issuance or otherwise expire or be terminated as provided in these SpringBack Rewards Terms. The expiration period is subject to change at any time in Spring’s sole discretion.
- Taxes. If you elect to receive your SpringBack Rewards as cash, you may be taxed on your receipt of such disbursed cash depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with the Program.
- Balance Adjustments
- Fraudulent Activity. We reserve the right to investigate any purchases or interaction with any Services that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind or terminate any SpringBack Rewards, bar further SpringBack Rewards to, and/or terminate the Account of, any user that we believe, in our sole discretion, is abusing or has abused the Program or has engaged in fraudulent actions, as determined by Spring in its sole discretion, including, without limitation, by engaging in a pattern of returning products after the corresponding SpringBack Rewards have been disbursed. Any failure to comply with these SpringBack Terms or the Terms of Service, any fraud or abuse relating to the accrual or disbursement of SpringBack Rewards, or any misrepresentation of any information furnished to Spring by you or anyone acting on your behalf may result in the termination or suspension of your of your SpringBack Rewards balance, in Spring’s sole discretion. If Spring has any reason to suspect fraudulent activity is associated with your Account, Spring reserves the right to delay or withhold disbursement of SpringBack Rewards. Any suspected or actual cases of fraud activity will be escalated and reviewed by Spring.
- Account Termination. If your Spring Account is terminated for any reason (for instance, if you choose to close your Spring Account or if we find you have violated these Terms), you will not be entitled to any remaining value in your "Pending" and "Available" SpringBack Rewards balances and you may not accrue any additional SpringBack Rwards following such termination.
- Communications. Spring may include SpringBack Rewards balances in marketing emails and other push notifications sent to you. Spring does not guarantee the accuracy of the balances shown in these communications, and you should visit www.shopspring.com/me/cashback for the most up-to-date balance. You may be able to "opt-out" of your balances being included in such communications via your Account settings.
- Termination or Suspension. These SpringBack Rewards Terms is effective when accepted by you and will remain in effect until you or we terminate your membership in the Program. We may terminate these Cash Back Terms and your use of or access to the Program and SpingBack Rewards at any time, for any reason or no reason. Any violation of these Cash Back Terms or the rules and conditions of the Program may result in cancellation of your membership to the Program, your Account and/or forfeiture of "Pending" or "Available" Cash Back, in Spring’s sole discretion. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPRING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PROGRAM OR SPRINGBACK REWARDS, NOR SHALL SPRING BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SPRING’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PROGRAM OR SPRINGBACK REWARDS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SPRING OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM OR SPRINGBACK REWARDS, EVEN IF SPRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPRING’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program. Upon any termination of the Program, your right to use and access the Program and to receive SpringBack Rewards, will terminate. Termination will not prejudice either your or our remedies at law or in equity.
- Questions. If you have any questions about the Program or the SpringBack Rewards Terms, please contact us at firstname.lastname@example.org.