Terms and conditions

 

Sun Devil® Rewards
Terms and Conditions

Updated 12/4/2021

 

PLEASE READ CAREFULLY. By participating in the Sun Devil Rewards™ Program, you agree to the following terms and conditions governing the Sun Devil Rewards™ Program (the Terms).

A. Overview of SUN DEVIL® REWARDS

Sun Devil Rewards (the Program) is a points-based loyalty program sponsored by the Arizona Board of Regents for and on behalf of Arizona State University (Sponsor) through which individuals (Participants) can earn pitchforks (Pitchforks) through methods described below and through other methods that may be added from time to time by Sponsor, in its sole discretion. Participants can download the ASU Mobile App (the App) to register for the Program and take the other actions described below, to earn Pitchforks. Each Participant accessing the Program through the unauthenticated login will be required to verify his/her email address prior to redemption of Pitchforks. Additionally, after registration, but prior to email verification, Pitchfork earning activities may be unavailable until email verification. View on app for a list of such activities.  Once they have accumulated Pitchforks, Participants may redeem their Pitchforks for various items (Rewards) found in the Catalog of Rewards, which is posted and, from time to time, updated in the App.

Sponsor: Arizona State University, 1151 S Forest Ave., Tempe, AZ 85281.

The Program is administered by the Enterprise Marketing Hub (Administrator) a subsidiary of Arizona State University.

B. Participation in the Program

1. Eligibility Requirements:  Participants need Internet access and/or a data plan to access the App and participate in the Program. The Program is void where prohibited by law, and is open fully only to individuals who reside in the United States of America, and who are at least 18 years old. Some Rewards may be available only to those 21 and older and reside in the United States of America, as indicated in the particular Reward description. Corporations, associations, and other entities are not eligible to participate in the Program.

2. To participate, Participants must register within App and expressly accept these Terms. Participant accessing the Program through the unauthenticated login will be sent a confirmation email. In addition, participation in the Program constitutes each Participant's agreement to these Terms, and constitutes a representation that Participant meets the Eligibility Requirements.

3. All communications and Rewards will be sent to the addresses contained in Participants’ profiles. It is each Participants' responsibility to update and maintain their profile information.

4. Sponsor and Administrator will only use Participants’ information collected in connection with the Program, as set forth in Sponsor's Privacy Policy, which is at: http://www.asu.edu/privacy, and which may be updated from time to time. The privacy policy describes how personal information will be used. It is Participant’s responsibility to check Sponsor’s privacy policy from time to time to ensure that Participant agrees with the terms, as they may be amended from time to time.

 C. Modification and Termination of the Program

1. By participating in the Program, Participant agrees that Sponsor may modify any of the Terms governing the Program at any time (including, these Terms and Sponsor’s Privacy Policy), with or without notice, even though these changes may affect a Participant's ability to use accumulated Pitchforks.

2. Sponsor may terminate the Program at any time, even though termination may affect Participants’ ability to use accumulated Pitchforks.  Sponsor will notify Participants prior to termination.

3. Participants should be sure to check the “Updated” date at the beginning of these Terms. A Participant's continued participation in the Program after these Terms have been updated constitutes his or her acceptance of any changes to these Terms.

D. Registration, Earning Pitchforks, and Status

1. Registration. To enroll, a Participant must download the App to 1 mobile device (i.e., Participant’s smart phone, tablet or other mobile device). The App is free. Message and data rates may apply. Participant may sign up via ASURITE ID or email by following the on-screen instructions to create a Program account (Account). An individual must have a unique valid email address to create an Account. Participants who sign up with email will be sent a confirmation email upon registration.  Limit 1 Account per person and per email address.  Multiple Participants may not use the same email address. The person who is the authorized email account holder of the email address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant and must comply with these Terms. 

Participant may receive a Pitchfork bonus during a promotional period. Promotional periods are subject to change at Sponsor’s discretion. Once Participants register for an Account, they will be enrolled in the Program. The number of Pitchforks collected by such Participant will be recorded and tracked in the Participant’s Account.

2. Earning Pitchforks by Completing Actions. Participants may also earn Pitchforks by following on-screen instructions to take the various actions as described below.  Other actions may be added from time to time during the Program, in Sponsor's sole discretion. 

For a complete listing of Pitchfork-earning activities view on app.

3. Status. Participants will have the opportunity to earn status ("Status") based on their annual accruement of total Pitchforks. Upon registration, all Participants will earn "Sun Devil Level" Status. The following outlines the necessary number of Pitchforks needed to reach "Maroon Level" as well as "Gold Devil Level".

Sun Devil Level - 0 - 7,499 Pitchforks

Maroon Level - 7,500 - 14,999 Pitchforks

Gold Devil Level - 15,000+ Pitchforks

Member Status will update within forty-eight (48) hours of having achieved a new tier.  Upon receiving an updated Status, Participants will receive a notification via a notification in the App of having achieved a new Status Level.

Participants can earn Status at any point within a calendar year by earning cumulative Pitchforks.

Bonus Pitchforks:

a. Registration:  Participant may receive a 500-Pitchfork bonus if registration occurs during a promotional period. Promotional periods are subject to change at Sponsor’s discretion.

b. Participate in Select Activities: By participating in select activities outlined in D (2), Participants will receive bonus Pitchforks associated with their current Status Level. Bonus Pitchforks will be assigned to activities for specific durations of time and will change throughout the Program.  If Participant reaches Maroon Devil Level, Participant will receive +5 the number of stated Pitchforks for each qualifying activity.  If Participant reaches Gold Devil Level, Participant will receive +10 the number of stated Pitchforks for each qualifying activity.

4. Participant Accounts. Administrator will attempt to credit Participant Accounts with Pitchforks on a timely basis. However, each Participant will have the responsibility of ensuring that his/her Pitchforks are properly credited. Any claim for Pitchforks not credited accurately must be received by Sponsor within 7 days of the days of the claimed accrual of such Pitchforks. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Pitchforks summaries or Accounts. Sponsor reserves the right to invalidate Pitchforks from an Account if it determines that such Pitchforks were improperly credited to such Account or obtained fraudulently. Sponsor reserves the right to require proof of accrual of Pitchforks and Sponsor reserves the right to delay the processing or redemption of any Pitchforks without notice to Participants, to assure compliance with these Terms. Participants are responsible for maintaining the confidentiality of their Accounts and passwords and for restricting access to their mobile devices and activity on their account, and Participants are responsible for all activities that occur under their Accounts or passwords. Without limiting any other remedies, Sponsor may suspend or terminate a Participant’s Account if Sponsor suspects that a Participant has engaged in fraudulent activity in connection with the Program. Participation in the Program is subject to these Terms, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Terms or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of Participant’s participation in the Program, as well as forfeiture of Pitchforks accrued to date and any other benefits earned in connection therewith, in Sponsor's sole discretion.

5. No Cash Value or Transferability. Pitchforks do not constitute property, do not entitle or grant to Participant a vested right or interest and have no cash value. As such, Pitchforks are not redeemable for cash, transferable or assignable for any reason, including upon death, as part of a domestic relations matter, or otherwise by operation of law. The sale of Pitchforks is strictly prohibited. Any Pitchforks remaining in a Participant’s Account at the end of the Program Period will be forfeited without compensation. There shall be no carry over or transfer of Pitchforks to other Sponsor programs unless otherwise determined by Sponsor in its sole and absolute discretion.

6. Account Inactivity and Pitchfork Expiration: Deactivation of inactive Accounts will result in the forfeiture of Pitchforks. Pitchforks may expire at Sponsor discretion. Pitchforks shall be maintained in the Participant's Account at the sole discretion of Sponsor or until they are redeemed for a Reward. No extensions, cash refunds or other exchanges will be allowed for forfeited or expired Pitchforks. Any Pitchforks remaining in a Participant's Account following deactivation or expiration will be forfeited without compensation. The Pitchforks have no cash value and are only redeemable for Rewards offered via the Program.

7. Pitchfork Awarding: Sponsor reserves the right to change the number of Pitchforks awarded per product or activity at any time, in its sole discretion.

E. Redeeming Pitchforks for Items from the Rewards Catalog

1. A Participant may visit the App to view and redeem Pitchforks for items from the Rewards Catalog.

2. A Participant may begin using Pitchforks to redeem items from the Rewards Catalog immediately upon receipt or saved for redemption at a later date.

3. To redeem a Reward in the Rewards Catalog, login to the Program, tap on the "Rewards" icon and follow the links and instructions to browse through the Rewards Catalog. Once Participant has located an item he/she would like to redeem, he/she can tap on "Redeem." When Participant redeems his/her Pitchforks through the App, he/she will receive an email confirmation sent to the email address associated with the Program Account that the item has been redeemed and the associated Pitchforks will be deducted from his/her account.

4. Sponsor reserves the right to modify the list of items available, as well as their corresponding Pitchfork redemption values, at any time for any reason.

5. The total number of Pitchforks a Participant can use to redeem an item is the number of Pitchforks he or she has available in his/her account. Items are available, while supplies last.

6. All redemptions for items from the Rewards Catalog are final and the Pitchforks will be deducted immediately from Participant's Account.

7. Sponsor reserves the right to substitute an item advertised with an item of comparable or greater value for any reason.

8. Delivery time of any item will be 4-6 weeks from time order is placed, unless the Reward is delivered via email, or a different delivery time is specified in the item description included in the Rewards Catalog. 

9. Upon redemption for a Rewards Catalog item, Participant will be asked to confirm his/her shipping address (if applicable) through the App.

10.  Participants are responsible for all costs and expenses associated with use of any Reward not stated in the Reward Catalog as being provided.  Rewards are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.  Participants may not substitute, assign, sell or transfer a Reward or redeem a Reward for cash.  All Reward details are at Sponsor’s sole discretion.

 F. Rewards, Fulfillment of Items Redeemed Through Rewards Catalog

1. No refunds will be provided on any redeemed item. If for any reason a redeemed item is received damaged, becomes unavailable or cannot be fulfilled, Sponsor, in its sole discretion, reserves the right to replace the redeemed item with a similar item of comparable or greater value.

 2. Gift cards and certain other types of Rewards may have additional terms and restrictions of which Participants are responsible for making themselves aware. Additionally, gift cards should be treated by Participants like cash, and will not be replaced by Sponsor if they are lost or stolen. Participants are responsible for paying all costs and expenses not specifically stated, including but not limited to taxes, non-use fees or other expenses that might be reasonably incurred by the Participant in receiving or using the Reward.

 3. Rewards will be delivered to the email address or residence address, as appropriate, as provided by Participant. It is the responsibility of the Participant to be sure all such information is current. Sponsor is not responsible for Rewards sent to non-current addresses, and any such Rewards will not be replaced.

G. General Terms and Conditions

1. Sponsor reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Terms or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

2. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any of these Terms shall not constitute a waiver of this, or any other, provision.

3. All questions or disputes regarding eligibility for the Program, the availability of items in the Rewards Catalog or a Participant’s compliance with these Terms will be resolved by Sponsor in its sole discretion. All such questions or disputes should be directed to sundevilrewards@asu.edu.  By their participation, Participants agree that all decisions made by Sponsor or its designated agents regarding the Program, Rewards or Participants’ participation in the Program are final.

4. Participants are responsible for the payment of all taxes that may result from participation in the Program.

5. Participants are responsible for maintaining updated contact information in the Profile Information area of the App. Information contained in Profile Information will be used to contact Participants redeeming items in the Rewards Catalog.

6. The Program is subject to all applicable laws and regulations.

H. Limitation of Liability

1. Administrator, Sponsor, and their respective parent organizations affiliates, subsidiaries, service providers and promotional and advertising agencies and all of their respective officers, directors, employees, shareholders, agents, franchisees, successors and assigns (collectively, Released Parties) are not responsible to Participant or any other third parties for late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail or email; or for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any App or any combination thereof or for any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the accrual of Pitchforks, the tabulation of Pitchforks, the redemption of Pitchforks, the announcement of the Rewards or in any Program-related materials.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Program.  Released Parties are not responsible for injury or damage to Participants' or to any other person's computer related to or resulting from participating in the Program or downloading materials from or use of the App. If online access is temporarily corrupted and suspended, notice of such will be provided at the App and Participants will be advised to hold receipts the Program, as originally intended, may be resumed, as determined by Sponsor in its sole discretion.

2. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Released Parties from and against any claims, liabilities, damages or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by Participant or Participant’s participation in the Program.

 3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PARTICIPATION IN THE PROGRAM OR ANY PURCHASED OR REDEEMED ITEM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO PARTICIPANT. IF ADMINISTRATOR IMPROPERLY DENIES A PARTICIPANT ANY REDEEMED ITEM, LIABILITY WILL BE LIMITED TO THE EQUIVALENT FAIR MARKET VALUE OF ITEM.

4. Released Partiesare not responsible for any products or services offered on the App. TO THE FULLEST EXTENT ALLOWABLE BY LAW, ADMINISTRATOR AND SPONSOR SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES PROVIDED THROUGH THE PROGRAM. Those include any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to certain Participants.

5. As a condition of participating in the Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Program or any item purchased therein shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Arizona. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, Participant’s rights and obligations, or the rights and obligations of Administrator or Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules (whether of the State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Arizona.

 6. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.

 7. Force Majeure: ASU will not be liable for any delay or failure in performing its obligations hereunder if caused by a factor beyond ASU’s reasonable control, including, acts of God, acts of terrorism, acts of government, emergency, fire or other casualty.