Terms and Conditions (North America) -Updated 18-June-2021
By participating in De’Longhi On Demand.com (hereinafter called “the Program”), Participant agrees to abide by and be bound by these Terms and Conditions and the decisions of the Sponsor, which are final and binding in all respects. Rewards will be awarded only if a Participant fully complies with these Terms and Conditions. Membership in the Program is a privilege and can be revoked by Sponsor without notice or compensation. Participation automatically ends upon departure of Participant from Sponsor Organization and, for greater certainty, the points of such Participant shall expire at such time. All points held by Participants shall expire upon the termination of the Program, which can happen at the discretion of De’Longhi Group (“Sponsor”).
By participating in the Program, all Participants release and agree to hold harmless Sponsor and its respective parents, affiliates, subsidiaries, advertising and promotion agencies, and all of their respective directors, officers, employees, representatives and agents (the “Released Parties”), from and against any and all liability for any loss, damage or expense, including, but not limited to, property damage or damage to persons, including, without limitation, death and injury, due in whole or in part, directly or indirectly, from or arising out of participation in this Program, participation in any Program related activity, or the receipt, acceptance, possession or use/misuse of any product/service/travel reward. This includes any action whether arising in contract, tort (including negligence and gross negligence), in equity (including fiduciary duty), regulatory enforcement or otherwise. By participating in the Program, each Participant represents and warrants to the Released Parties that the Participant is legally entitled to participate in the Program and that such participation does not violate any law or regulation governing the conduct of the Participant.
By participating in the Program, all Participants authorize Sponsor to use their name, address (city for U.S., province for Canada), company name, title and/or their photograph, any taped appearance or interview with them or any likeness of them, their voice and/or any statements made by or attributed to them regarding the Sponsor, in perpetuity, in connection with the publicity, advertising or promotional activities for the Program or any other like or similar future program in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), and any and all rights to said use, without further notification or further compensation.
All rewards are subject to availability. Certain restrictions apply to rewards. Sponsor reserves the right to modify or cancel any reward at any time. Some rewards may have limited availability.
Redeemed rewards are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other rewards or points under any circumstances.
By receipt of any reward, Participant accepts his/her reward with no further obligation from Sponsor.
PROGRAM POINTS:
The Program allows for participants to earn points for completing courses and other activities. Points earned within a specific calendar year will expire at the end of the earned calendar year. Opportunities to use points will occur throughout the year. Any unused points at the end of the year will be forfeited. Sponsor has the discretion to award or deduct points at any time, points have no defined value and can only be used for redemption opportunities on the De’Longhi On Demand website.
For some participants, courses and other points-earning activities are available in multiple languages -please note:
- We will only recognize and reward single course completion in one language.
- If a course is completed in a second language, related recognition and points will be deducted.
- Any orders placed using these points will be canceled.
PRODUCT REWARDS CONDITIONS:
All product rewards are subject to product availability. Participant will be notified if the item ordered is not available and if & when it will become available. Sponsor reserves the right to substitute items of equal or greater value, including gift cards earned during Program registration and course completions. Sponsor will ship the model pictured or the most current comparable model available. Items ordered at the same time may arrive separately. In most cases, Products/Merchandise will be delivered within 4-6 weeks of placing their order. Product/Merchandise cannot be delivered to P.O., A.P.O. or F.P.O. boxes.
PRODUCT RETURN POLICY:
Product earned within the Program may not be returned or exchanged unless proven to be damaged or defective. Damaged or defective Product/Merchandise must be returned within 30 days of delivery. Participants who encounter an issue with their product should contact us at Training.NA@delonghigroup.com. Please be sure to include the model number of your unit, details regarding the issue you are having, and a contact phone number. A customer service representative will contact Participant via phone and attempt to troubleshoot and resolve the issue. If product is deemed defective, the representative will advise on next steps for returning the product back for repair or replacement.
PRODUCT WARRANTY:
All products/machines earned in the program are covered by De’Longhi & Braun Household product warranty. Participant should contact the Customer Support team at 1-800-322-3848 to have their product registered. Participant should inform the agent that the product was received as a reward from the De’Longhi On Demand training platform. No other warranties are provided or implied by the Sponsor. Participant shall be required to retain the packing slip to confirm receipt of the item and to validate all warranty registrations are completed and in compliance with the manufacturer's recommended warranty procedure. All documents received with the products should be retained for future reference. Defective products damaged in shipping will be exchanged after speaking to a representative. If products need to be returned, all items must be packed in original box and must include a copy of the original packing slip.
If you have any additional questions, please contact us at Training.NA@delonghigroup.com.
MERCHANDISE RETURN POLICY:
Merchandise, including but limited to apparel, duffle bags, and backpacks are non-returnable and non-exchangeable. Only merchandise that has manufacturer defects will be considered for exchange or return. Sponsor will determine if defect warrants an exchange or return.
Merchandise received as a result of point redemption through this the Program is, in certain instances, a taxable benefit to the Participant and, in such instances, Participant will be responsible for filing these items according to their local, state, and federal regulations & laws. Sponsor and participating merchants will not be responsible for any costs associated with fixing/replacing/installing/activating/upgrading any product rewards delivered to a Program Participant.
GENERAL:
Fraud or abuse relating to the accrual of points or redemption of rewards may result in forfeiture of accrued points as well as cancellation of Participant’s Program account. All questions or disputes regarding eligibility for the Program, eligibility of points for accrual, conversion of points or redemptions of rewards will be resolved by Sponsor at its sole discretion. The determination of tax liability for any federal, state/provincial or local taxes (if applicable) arising out of the accrual or conversion of points or redemption of rewards in the Program shall be Participant’s sole responsibility. Sponsor is not responsible for typographical errors and/or omissions in the online rewards catalog at http://www.delonghiondemand.com
Sponsor is not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, by Participant’s participation in the Program or from downloading any material from the Program website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to the Sponsor’s Website by a hypertext link.
Sponsor reserves the right, at its sole discretion, to cancel, suspend or modify the Program if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Program such that the Program cannot be conducted as originally planned, as determined by Sponsor in its sole discretion. In such event, Sponsor will award rewards in a manner which Sponsor, in its sole discretion, determines is fair, equitable and in accordance with these Terms & Conditions.
Participants may be contacted via email, phone, or standard postal mail based on activity within the Platform. This includes but is not limited to: verifying information needed to send rewards and merchandise, encouraging colleague registration and engagement, and to be informed about De’Longhi products and services. Participant acknowledges that by registering, they agree to be contacted as needed and pertaining to the Program.
All applicable federal, state (U.S.), provincial (Canada), and local laws and regulations apply. Federal, state (U.S.), provincial (Canada), and local taxes, if any, are the sole responsibility of Participant.
DISPUTES:
THIS OFFER IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW JERSEY, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN UPPER SADDLE RIVER, NEW JERSEY. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("AAA RULES"). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NEW YORK, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR OFFER ENTITY AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the AAA Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.