Choice Experiences Program Terms & Conditions
These Terms & Conditions (“Terms”) apply to your participation in the Choice Experiences Program (the “CE Program”), which is operated by Choice Privileges Loyalty Services, LLC and its corporate affiliates (collectively, “Choice,” “we,” “us,” or “our”) as a feature of the Choice Privileges® Rewards Program. By (a) using the CE Program website (www.experiencesbychoice.com) (the “Website”) (other than for the limited purpose of reviewing these CE Terms), (b) bidding on an Experience (defined below), or (c) otherwise participating in the CE Program, you expressly represent that you agree to be bound by these Terms. If you do not agree to these Terms, you may not participate in the CE Program in any manner.
Although contained in a separate document, these Terms are part of the Choice Privileges® Rewards Program Rules and Regulations (the “Rules”), which are available here and which govern your participation in the Choice Privileges® Rewards Program more generally. This means that all provisions of both these Terms and the Rules apply to your participation in the CE Program. Please carefully review both the Terms and the Rules before participating in the CE Program, as they affect your legal rights.
Certain aspects of the CE Program may be subject to different or additional terms, rules, guidelines, or policies (“Additional CE Terms”). For example, Experiences will often be subject to certain terms, conditions, and limitations not set forth in these Terms. We may provide Additional Terms to you via postings on the Website, by email, or by other means. From time to time, Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control. Any reference to the “Terms” in this agreement includes all Additional Terms.
ELIGIBILITY & PROGRAM DESCRIPTION
To participate in the CE Program, you must be (a) a Choice Privileges® Rewards Program member (a “Member”) with an account in good standing and (b) a resident of the United States or Canada (an “Eligible Member”). The CE Program is a feature of the Choice Privileges® Rewards Program that allows Eligible Members to use Choice Privileges points (“Points”) to engage in auction-style bidding on activities and experiences provided by Choice’s partners (“Experiences”).
BIDDING ON EXPERIENCES
At any given time, the Website will display the Experiences that are available for bidding by Eligible Members. For each Experience, the Website will display information related to (a) the Experience, including an Experience description and any applicable Additional Terms, and (b) information on the bidding process, including the number of bids received, the amount of the current highest bid (the “Current Bid”), and when bidding closes.
Bidding on Experiences can only be done using Points. To bid on an Experience, you must be logged into your Choice Privileges® Rewards Program account (“Account”). If the Experience in question has received no bids, you will be able to make an introductory bid in the amount of your choosing, in the specified point increment, subject to any minimum bid requirements. If bids have already been submitted for the Experience, you will have the option of submitting a bid that is at least one hundred Points higher than the Current Bid.
For a bid to be accepted, you must have sufficient Points in your Account from the time you place the bid and you must keep sufficient Points in your Account to cover that bid until the bidding has either been completed (and you have won the Experience), or someone else has placed a bid on the Experience greater than yours. If you do not have sufficient Points, your bid will not be accepted. If, for some reason, your bid is processed despite there being insufficient Points in your Account, Choice reserves the right to disqualify you at any point in time, including after bidding has closed on the Experience, in which case you will not be eligible to win the Experience.
After submitting a bid, your bid will be the Current Bid unless and until another Eligible Member submits a higher bid. Choice has no responsibility for notifying you if and when a higher bid is submitted. It is your responsibility to monitor the Website to determine whether your bid remains the Current Bid. If the Current Bid for the Experience reflects an amount higher than your bid, this means that your bid is no longer the Current Bid. If this occurs, you are free to submit subsequent bids in order to regain Current Bid status, provided that you have sufficient Points in your Account for such higher bids and sufficient time remains in the bidding process.
Bids will be processed by Choice in the order they are received. Any bids received after bidding has closed will not be accepted. Choice’s computer or that of its designee is the official timekeeper for bidding purposes. Unless indicated otherwise by Choice, all times displayed on the Website (e.g., when bidding closes for an Experience) refer to Eastern time. Participants are responsible for taking into account their respective time zones.
All bids must be manually entered by the Eligible Member on the Website. Bidding via software-generated, robotic, programmed, script, macro or other automated means is strictly prohibited and will result in disqualification from bidding.
ALL BIDS ARE FINAL. If you are selected as the Winner (defined below) of an Experience, the applicable number of Points will be automatically deducted from you Account and you will not be eligible for any Points refunds.
WINNING AN EXPERIENCE
The Eligible Member associated with the Current Bid when bidding closes will be deemed the potential winner of the Experience (the “Potential Winner”). Choice will notify Potential Winners by email at the address associated with their Account (the “Potential Winner Notification”) and provide instructions for claiming the Experience. Choice shall have no liability for a Potential Winner’s failure to receive the Potential Winner Notification or any other communications due to spam, junk e-mail, other account settings, or system failures.
Winning an Experience is subject to verification and compliance with any legal, administrative, and other requirements of Choice (the “Approval Process”). Among other requirements, Potential Winners may be required to (a) provide proof of identity and eligibility and (b) complete documentation deemed necessary by Choice, which may include a liability waiver and publicity release. If a Potential Winner (a) is ineligible, (b) fails to respond to the Potential Winner Notification within the timeframe required by Choice, or (c) fails to complete and return any documentation or information in the manner and within the timeframe required by Choice, the Potential Winner may be disqualified and an alternate Potential Winner may be selected; provided, however, that Choice reserves the right not to seek an alternate Potential Winner in the event that a Potential Winner is disqualified.
Upon successful completion of the Approval Process, the Potential Winner will be deemed the winner of the Experience (the “Winner”). At this time, the number of Points associated with the winning bid will be deducted from the Winner’s Account.
EXPERIENCE DETAILS
Experiences are non-transferable, i.e., Winners may not transfer Experiences (or any aspect thereof) to other individuals, are not redeemable for cash, and may not be substituted for any other Experience or Choice Privileges® Reward, absent Choice’s prior written consent. All details of the Experience that are not set forth in these Terms (including any Additional Terms) or in the Experience description on the Website shall be determined solely by Choice or the Experience Provider (defined below). The actual Experience may differ from any promotional images. All federal, state, and other tax liabilities arising from winning an Experience are the sole responsibility of the Winner.
Any merchandise associated with an Experience package will be shipped only to a valid street address (no P.O. Box delivery is permitted). Merchandise may not be returned or exchanged unless proven to be damaged or defective, in which case it must be returned within 30 days of delivery.
Unless stated otherwise in applicable Additional Terms, Experiences are provided to the Winner only. For avoidance of doubt, references to “guest(s)” in these Terms does not imply that that any particular Experience allows the Winner to be accompanied by a guest. If an Experience does permit the Winner to bring one or more guests as part of the Experience package, such guests may be required to sign a liability waiver and publicity release and/or provide other documentation or information required by Choice or the Experience Provider. Guests must be above the age of majority in their place of residence as of the date of the Potential Winner Notification, unless the Winner is the parent or legal guardian of the guest; provided however, that certain Experiences may not be appropriate for minors and Choice reserves the right to determine that all guests must be adults.
Winners and guests are required to comply with these Terms, the Rules, any and all applicable laws when using, participating in, or otherwise engaged in the Experience, including when traveling to and from the Experience. Notwithstanding any other provision in these Terms, if, at any point prior to or during an Experience, a Potential Winner, Winner, or guest engages in behavior that Choice determines (a) to be obnoxious, threatening, or illegal; (b) may annoy, abuse, threaten or harass any person; or (c) is otherwise not in keeping with Choice’s image, Choice reserves the right to cancel the Experience, in whole or in part, and, if applicable, require the Winner and/or guest to leave the Experience with no further compensation.
Experience Providers: Experiences are fulfilled by Choice’s third-party partners (“Experience Providers”). You understand and agree that participating in an Experience may be subject to additional terms, conditions, and requirements of the Experience Provider (“Experience Provider Terms”) and Choice shall have no liability to Winners or their guests in relation to any Experience Provider Terms, even if they result in the Winner’s or a guest’s inability to participate in the Experience. Further, you understand and agree that Experience Providers are independent contractors and not employees or agents of Choice, and that Choice is not liable for the representations, warranties, negligence, or any other acts or omissions of Experience Providers or their employees or agents. You agree that, if you win an Experience, Choice shall be permitted to share any of your Account information, and any other information provided by you to Choice during the Approval Process, with the Experience Provider for the purpose of fulling the Experience.
Travel and Lodging: Unless expressly provided in applicable Additional Terms, the Winner and any guests are solely responsible for coordinating and purchasing all travel and lodging necessary to participate in the Experience. In the event that travel and/or lodging is part of the Experience package, then, unless stated otherwise by Choice, the following terms and conditions shall apply to the travel and lodging aspects of the Experience:
Any flights provided in connection with an Experience will consist of round-trip economy class airfare for the Winner and guests from a major airport in, around, or closest to the Winner’s city of residence (regardless of any guest’s city of residence). If the Winner or any guests live within 150 miles of the location of the Experience, ground transportation may be provided to any such parties instead of air transportation, at Choice’s discretion. Guests must travel on the same itinerary and at the same time as the Winner, unless otherwise approved in writing by Choice.
Any lodging provided in connection with an Experience will consist of one standard room, to be shared by the Winner and any guests, at a Choice Hotels property in or around the city where the Experience will take place. The length of the stay will be determined by Choice based on the length and time of day of the Experience, flight availability, and/or other considerations that Choice deems relevant.
The exact choice of airline, flight, airport, travel dates and times, hotel, and any other travel or lodging details shall be determined solely by Choice. Travel arrangements will be made by Choice. Any travel arrangements made by the Winner or any guests without the advance written approval of Choice will not be reimbursed. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. Choice shall have no liability to the Winner or any guests as a result of any travel cancellations, delays, or other changes, even if such developments result in the inability to enjoy all or some of the Experience. The Winner and any guests will be responsible for any other cost or expense not described in these Terms, including transportation to and from the originating airport, ground travel while attending the Experience, and any other cost or expense associated with participating in the Experience, including meals, medical insurance, travel documentation, gratuities, telephone calls, and in-room charges.
The Winner and any guests will be required to sign a release before traveling and are solely responsible for obtaining proper travel documentation. You hereby release Choice from any duty to provide, check, or verify any necessary travel documentation or requirements (“Personal Documents”). Further, Choice shall not have any responsibility for the replacement of lost or stolen tickets, coupons, confirmations, vouchers, receipts, or other documents pertaining to travel or lodging for the Experience (“Travel Documents”) once the Travel Documents have been provided to the Winner and/or guests. Should the Winner be unable to attend the Experience and/or travel on the dates and times designated by Choice, the Winner will be disqualified and the Experience will be forfeited.
Publicity: Claiming or participating in an Experience shall constitute and signify the Winner’s agreement and consent that Choice and its designees may use the Winner’s name, city, state, likeness, and/or photo for promotional, advertising, or other purposes, worldwide, in any and all media now known or hereafter devised, without limitation and without further payment, notification, permission, or other consideration, except where prohibited by law.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT THE EXPERIENCE PROVIDER, AND NOT CHOICE, IS RESPONSIBLE FOR PROVIDING THE EXPERIENCE AND THAT, UNLESS EXPRESSLY STATED OTHERWISE BY CHOICE, ALL ASPECTS OF THE PROVISION, FULFILLMENT, AND EXECUTION OF THE EXPERIENCE ARE BEYOND CHOICE’S CONTROL. AS SUCH, YOU ACCEPT AND AGREE THAT EXPERIENCES ARE AWARDED BY CHOICE TO WINNERS AS-IS AND WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY THAT EXPERIENCES WILL BE OF SATISFACTORY QUALITY, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR APPROPRIATE FOR PERSONS OF ALL AGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHOICE OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHOICE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, DIRECTORS, SUCCESSORS, ASSIGNS (THE “RELEASED PARTIES”) AND LINCOLN HOLDINGS LLC DBA MONUMENTAL SPORTS & ENTERTAINMENT AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LIABILITIES (INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES) ARISING FROM OR RELATING IN ANY WAY TO YOUR PARTICIPATION IN THE CE PROGRAM, INCLUDING YOUR PARTICIPATION IN (OR INABILITY PARTICIPATE IN) ANY EXPERIENCE AND YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CHOICE OR ANY OTHER RELEASED PARTIES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU HEREBY RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, LIABILITY, DAMAGES, AND CAUSES OF ACTION (INCLUDING FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY) ARISING FROM OR RELATING IN ANY WAY TO YOUR PARTICIPATION IN THE CE PROGRAM.
WITHOUT LIMITING THE FOREGOING PARAGRAPH, YOU AGREE THAT THE RELEASED PARTIES SHALL HAVE NO LIABILITY TO YOU OR ANY GUEST OF YOURS (I) IF AN EXPERIENCE IS MODIFIED, CANCELED, OR POSTPONED (INCLUDING ANY LOCATION CHANGE), EVEN IF SUCH DEVELOPMENTS RESULT IN YOUR OR A GUEST’S INABILITY TO ENJOY ALL OR SOME OF THE EXPERIENCE, OR IF YOU OR A GUEST ARE OTHERWISE DISSATISFIED WITH ANY ASPECT OF THE EXPERIENCE; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION ON THE WEBSITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE CE PROGRAM (AND ANY CHANGES MADE FOR THE PURPOSE OF CORRECTING SUCH ERRORS); (III) FOR TECHNICAL FAILURES RELATED TO THE BIDDING PROCESS, ANY OTHER ASPECT OF THE WEBSITE, OR ANY COMMUNICATIONS SENT OR RECEIVED BY YOU OR CHOICE IN RELATION TO THE CE PROGRAM; OR (IV) FOR ANY UNAUTHORIZED INTERVENTION IN THE BIDDING PROCESS OR ANOTHER ASPECT OF THE CE PROGRAM.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related in any way to (a) any misrepresentation made by you or the breach of any representation or warranty made by during your participation in the CE Program; (b) your conduct at or in connection with any Experience (including conduct while traveling to or from an Experience) or that of any guest accompanying you; or (c) your violation of these Terms, the Rules, or any applicable law.
We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us if and as requested in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.
MODIFICATION OR TERMINATION OF THE CE PROGRAM
Choice reserves the right to terminate, suspend, and/or modify the CE Program, or any aspect thereof, in any manner and for any reason, and shall have no liability to you in connection any such actions. Without limiting the foregoing sentence, Choice reserves the right to modify, suspend, or terminate the bidding process for any Experience or to cancel a Potential Winner’s or Winner’s participation in any Experience if any fraud, technical failures, public safety concerns, or other developments impair the integrity or proper functioning of the bidding process or otherwise prevent the bidding process or the Experience from being conducted as planned.
Further, Choice reserves the right to disqualify from an Experience or permanently bar from the CE Program any individual it determines to have tampered with the operation of the CE Program (or to have attempted the same) or to have acted in violation of these Terms, the Rules, or any applicable law or otherwise in an unsportsmanlike or disruptive manner. Any attempt to deliberately undermine the legitimate operation of the CE Program may be a violation of criminal and civil law, and, should such an attempt be made, Choice reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.
GENERAL PROVISIONS
Interpretation: In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and do not affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability. When these Terms refer to a decision or action that will or may be made or taken by Choice, such decision or action shall be made, taken, or refrained from in Choice’s sole discretion.
No waiver: Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Choice does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Choice has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Choice’s rights, and all such rights or remedies shall still be available to Choice.
Severability: If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Assignment: You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
No Relationship: These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Choice.
Notice to California Residents: You may reach Choice at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Admissibility: You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your participation in the CE Program to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.