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PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER FOR THIS PROGRAM. |
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BY REGISTERING FOR THE PAMPERS DIAPERS, TRAINING PANTS AND WIPES GIFTS TO GROW LOYALTY PROGRAM (THE "LOYALTY PROGRAM") YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR THE LOYALTY PROGRAM. REWARDS POINTS MAY BE REDEEMED FOR MERCHANDISE ONLY AVAILABLE THROUGH THE PROCTER & GAMBLE DISTRIBUTING COMPANY ("P&G"). P&G RESERVES THE RIGHT TO MODIFY OR TERMINATE THE LOYALTY PROGRAM AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE REWARDS POINTS ALREADY ACCUMULATED OR THE AVAILABILITY OF REDEEMABLE MERCHANDISE. YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE TERMS AND ANY MODIFICATIONS HEREOF. |
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1. Eligibility. Membership in the Loyalty Program is only open to individuals who are legal residents of the fifty (50) United States, the District of Columbia, Canada, and Puerto Rico, who are at least eighteen (18) years of age as of the date of enrollment and have the capacity to enter into a binding contract. The Loyalty Program is void elsewhere and where prohibited. Corporations or other entities or organizations of any kind are not eligible for the Loyalty Program. |
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2. Privacy. Please review our Privacy Policy at www.pg.com/privacy.html which governs the Loyalty Program to understand our practices in connection with the use and protection of your personal information. |
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3. Your Rewards Account. To register for membership in the Loyalty Program and set up your rewards account (“Rewards Account”), you must register at www.pampers.com. To register at www.pampers.com, you must use a computer with internet access to access the website and then you must enter your first name, last name, e-mail address, your date of birth, password, complete address, the due date/birth date of each of your children, and the name and gender of each child who is already born, as indicated. While registering, you must accept the Gifts to Grow terms and conditions, after which registration is complete. Only the individual named as the primary account holder will accrue points and will be entitled to access Rewards Account information. Members earn rewards points ("Rewards Points") for qualifying purchases of Pampers diaper, training pant and wipes products. A summary of a member’s Rewards Account may be viewed at www.pampers.com. P&G will attempt to credit members' accounts with Rewards Points on a timely basis. However, each member shall have the responsibility of ensuring that his or her points are properly credited. Any claim for Rewards Points not credited accurately must be received by P&G within six (6) months of the date of claimed accrual of such Rewards Points or 11:50:50 p.m. EST on March 1, 2009, whichever is earlier, or otherwise such Rewards Points shall no longer be valid or usable. P&G shall have no liability for any printing, production, typographical, mechanical or other errors in the Rewards Points summaries distributed by P&G or its agents, for any delay or failure to credit Rewards Points to member accounts or for any failure to provide Rewards Account summaries as outlined herein. P&G reserves the right to invalidate Rewards Points from a member's Rewards Account with notice if it determines in its sole discretion that such points were improperly credited to such member's Rewards Account or were obtained fraudulently or otherwise in violation of these Terms. P&G reserves the right to require proof of accrual of Rewards Points and P&G reserves the right to delay the processing or redemption of any Rewards Points without notice, in order to assure compliance with the Terms outlined herein. Members, by participating in the Loyalty Program, are responsible for maintaining the confidentiality of individual member's Rewards Accounts and password and for restricting access to member's computer, and member agrees to accept responsibility for all activities that occur under member's Rewards Account or password. Without limiting any other remedies, P&G may suspend or terminate any Rewards Account if P&G suspects in its sole discretion that any member or other person has engaged in fraudulent activity in connection with this Loyalty Program. Rewards Points do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, Rewards Points are not redeemable for cash, transferable or assignable for any reason. The sale, barter, transfer or assignment of any accumulated Rewards Points, other than by P&G, is strictly prohibited. Any Rewards Points which P&G deems in its sole discretion to have been transferred, sold, bartered or assigned in violation of the Loyalty Program's Terms may be confiscated and/or canceled. Participation in the Loyalty Program is subject to the Terms, as well as policies and procedures that P&G may adopt or modify from time to time. Any failure to abide by the Terms or any policies or procedures implemented by P&G, any conduct detrimental to P&G, or any misrepresentation or fraudulent activities in connection with this Loyalty Program, or failure to act in a manner consistent with federal, state, provincial or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to P&G in law or equity, in the termination of membership in the Loyalty Program, as well as forfeiture of any Rewards Points accrued to date and any other benefits earned in connection therewith, in P&G's sole discretion. |
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4. Rewards Points. Beginning 5:00 a.m. EDT August 22, 2005 and ending 11:50:50 p.m. EST. on March 1, 2009, members will receive, for qualifying purchases of Pampers diaper, training pant and wipes products that are properly credited to the member’s Rewards Account, Rewards Points according to the chart attached ("Rewards Chart"). |
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Each qualifying product will have a unique code inside the package. For boxes containing multiple bags, each bag will have a unique code inside the package and you will need to enter all codes to get the total amount of points for the box listed in the Rewards Chart. To receive your Rewards Points, members must use a computer with internet access to enter the unique code online at www.pampers.com. We suggest you retain your original unique code numbers for your records. Rewards Points will be issued to the primary account holder of the Loyalty Program Account. The Loyalty Program and all Rewards Points expire no later than 11:50:50 p.m. EST. on March 1, 2009. Therefore, all Rewards Points must be communicated to P&G no later than 11:50:50 p.m. EST. on March 1, 2009. You may also be eligible to receive bonus Rewards Points from P&G, for specified promotional offers advertised by P&G from time to time at the sole discretion of P&G. The details of such bonus Rewards Points will be provided at the time the offer is made. Bonus Rewards Points may also be earned in connection with transactions with P&G promotional partners as designated by P&G. These third parties are independent of P&G and P&G is not responsible in any manner for the products and services provided by these parties or any damage, cost, or liabilities that are incurred in connection with the goods and services associated therewith.
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5. Changes to Rewards Points Structure. The Rewards Points structure, including the bonus Rewards Points where applicable, is subject to modification or limitation at any time, with or without notice, in P&G's sole discretion, including, without limitation, the right to establish additional means of accruing Rewards Points, the right to modify and delete any or all of the recognized means of accruing Rewards Points existing at any given time, the right to change the rewards available and their values and types and the rewards redemption terms, and the right to exclude specific types of transactions from Rewards Points eligibility. |
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6. Redeeming Points for Rewards. Subject to P&G’s rights to add, delete, or otherwise make changes to the Rewards Points structure and the rewards as more fully expressed in the preceding Section 5, Rewards Points may be redeemed for merchandise or coupons found in the Catalog of Rewards which is posted and, from time to time, updated in the Loyalty Program website at www.pampers.com. See www.pampers.com “Gifts to Grow” page for details on how to redeem Rewards Points. Rewards Points will be subtracted from a member's account at the time the member requests a reward. Each redeeming member is solely responsible for ensuring that their shipping address is correct in the Loyalty Program records prior to redemption. Each redeeming member is responsible for paying all shipping and handling charges for any reward selected, as disclosed at the time of redemption. Shipping and handling charges must be paid for with a major debit or credit card that is in the name of the redeeming member. (Visa and MasterCard only for Canadian residents). Residents of Puerto Rico may be subject to an import tax on certain items, which must be paid at the time of delivery and will be disclosed at the time of redemption. P&G’s obligation regarding delivery of a reward is satisfied upon shipping the selected award to the address for the member contained in the Loyalty Program records as of the date of redemption. P&G is not responsible for lost or stolen rewards and will be responsible for non-receipt of rewards only for instances of shipment to an address different than the one in the Loyalty Program records as of the date of redemption. Members must allow eight to ten weeks for shipment of a selected reward. No cash will be exchanged for the unused portion of any member’s rewards Points. Once Rewards Points have been redeemed for a reward, they are no longer valid for any subsequent redemption and they may not be returned or refunded to a member's Rewards Account for any reason. The Loyalty Program and all Rewards Points expire not later than 11:50:50 p.m. EST. on March 1, 2009. Therefore, all Rewards Points redemption requests must be communicated to P&G as required by these Terms by such time. The availability of any reward or Catalog of Rewards items offered in the Loyalty Program are subject to change without notice at any time and subject to availability in the sole discretion of P&G. Rewards may be available only in limited quantities and will be distributed on a first-come, first-served basis. Members should regularly consult the Loyalty Program website for updates about reward availability. |
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7. Expiration of Rewards Points. Rewards Points shall be maintained in the member's account until they are redeemed for a reward or until they expire not later than 11:50:50 p.m. EST on March 1, 2009. Notwithstanding the foregoing, P&G retains the right to cancel any member’s Rewards Account and accumulated Rewards Points in the event of inactivity for six (6) consecutive months. No extensions, cash refunds or other exchanges will be allowed for expired Rewards Points. |
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8. Modification To, Termination or Extension of Loyalty Program Terms. |
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(a) Modification to Terms: Membership in the Loyalty Program is offered at the discretion of P&G and it reserves in its sole discretion the right to modify the Terms, Rewards Points redemption values, benefits, reward levels, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Rewards Points and rewards and their respective duration or timing, or any other aspect of the Loyalty Program, in whole or in part, at any time, with or without notice, even though such changes may affect the redemption value of the points already accumulated. P&G will give reasonable advance notice of any modification of the Terms hereof which may adversely impact your Rewards Account. Members understand that the most recent version of the Terms will be located at the Loyalty Program website. A member's continued use of the Loyalty Program following the posting on the Loyalty Program website of conspicuous notice of any modification will indicate member's acceptance of any modification to the Terms hereof. Any member may object to the modification to the Loyalty Program and/or its Terms by no longer participating. |
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(b) Termination: The Loyalty Program will terminate at 11:50:50 p.m. EST. on March 1, 2009, or earlier at the sole discretion of P&G. In the event of early termination, P&G shall give conspicuous notice at least six (6) months prior to the date that such termination becomes effective, during which time you may still accrue and redeem Rewards Points, provided however, that you agree that P&G shall not be required to give six (6) months notice if such termination is due to the filing of a petition in bankruptcy, an adjudication of bankruptcy, insolvency, an assignment for the benefit of creditors, or any other discontinuance of business. All Rewards Points must be redeemed prior to the effective date of termination. You should not rely upon the continued availability of the Loyalty Program or any Rewards Points accumulated in connection therewith. |
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(c) Extension: P&G may, at its sole discretion, extend the Loyalty Program beyond the expiration date set forth above. In the event P&G does extend the Loyalty Program, P&G shall give conspicuous notice prior to the date that such extension becomes effective. Members who participate in the Loyalty Program after the extension agree to be bound by the Terms then in effect at the time of Loyalty Program extension. |
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9. Limitation on Liability. P&G WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE LOYALTY PROGRAM, (B) ANY FAILURE OR DELAY BY P&G IN CONNECTION WITH THE LOYALTY PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS LOYALTY PROGRAM); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE LOYALTY PROGRAM BY P&G, EVEN IF P&G HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. If, despite the limitation above, P&G is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of US $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. |
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10. Disclaimer of Warranties. P&G MAKES NO WARRANTY OF ANY KIND REGARDING THE LOYALTY PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. P&G EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS LOYALTY PROGRAM WILL BE ERROR-FREE. P&G FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE LOYALTY PROGRAM. P&G EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU. |
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11. Taxes. Determination and payment of tax liability on awards, including income tax, if any, are the sole responsibility of member. |
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12. Acts Beyond P&G Control. The failure of P&G to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities or for any other reason beyond the reasonable control of P&G, shall not be deemed a breach of the Terms. If any such contingency shall last for more than sixty (60) days, P&G shall have the right to terminate the Loyalty Program immediately by giving notice and shall have no further liability to any member. |
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13. Governing Law and Consent to Jurisdiction. The laws of the State of Ohio, without regard to its conflict of laws principles, will govern these Terms, as well as your and P&G’s observance of them. If you take any legal action relating to your use of this Loyalty Program or these Terms, you agree to file such action only in the state or federal courts located in Hamilton County, Ohio. |
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14. No Waiver. P&G's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by P&G in writing. |
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15. Captions. The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. |
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16. Complete Agreement. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between P&G and the Loyalty Program members relating to the Loyalty Program, and replaces any prior understandings or agreements (whether oral or written) regarding the Loyalty Program. If a court finds any of these Terms to be unenforceable or invalid, that term(s) will be enforced to the fullest extent permitted by applicable law and the other Terms will remain in full force and effect. |
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17. Sponsor: The Procter & Gamble Distributing Company, One Procter & Gamble Plaza, Cincinnati, Ohio, USA 45202. |
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© 2005 The Procter & Gamble Distributing Company. ALL RIGHTS RESERVED. |
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Gifts to Grow Points Grid: |
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| Element: |
Pack
Type: |
# of
Points: |
| Wipes |
Refill |
.5 per refill |
| Wipes |
Tub |
1 |
| Bag |
Mini |
1 |
| Bag |
Convenience |
2 |
| Bag |
Jumbo |
3 |
| Bag |
Mega |
4 |
| Bag |
Super Mega |
5 |
| Bag |
Super Mega + |
6 |
| Box |
Big |
6 |
| Box |
Value |
7 |
| Box |
Economy |
8 |
| Box |
Economy + |
9 |
| Box |
OMG |
10 |
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*Package counts vary based on size of diaper. |
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As more fully expressed in the preceding Section 5 of the Terms, the Rewards Points structure, including any items and/or associated Rewards Points on this Rewards Points Per Package Chart, is subject to modification or limitation at any time, with or without notice in P&G’s sole discretion. Points listed for box size packages are based on the total number of points for all bags within the box. Each bag will have a unique code inside the package and you will need to enter all codes to get the total amount of points for the box listed in the Rewards Chart. Not all packages available in all geographies. |
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