Happy Harry’s Loyalty Card Program Terms and Conditions
1. Program Sponsor. The Happy Harry’s Loyalty Card Program (“the Loyalty Program”) is operated by H.H. Distributing Company Limited, 46 Wright Avenue, Dartmouth, Nova Scotia Canada and is applicable to participating Happy Harry’s warehouse(s) in the province of Nova Scotia (Dartmouth, New Minas and Milford).
2. Membership Eligibility and Fee. Membership in the Program is contingent on these Loyalty Program Terms and Conditions. You may maintain only one account. There is no enrollment fee for this Loyalty Program. The Loyalty Card is and will remain the property of and must be returned on demand. It is not a payment or credit card.
3. Program Availability. H.H. Distributing Company Limited reserves the right to restrict, suspend, discontinue or cancel this Loyalty Program at management’s exclusive discretion. H.H. Distributing Company Limited will make every reasonable effort to provide advanced notice of its action(s) to all active members. H.H. Distributing Company Limited accepts no responsibility should any active member(s) not receive advanced notice of its intention to restrict, suspend, discontinue or cancel the Loyalty Program.
4. Non-Transferability of Customer Loyalty Cards. Loyalty Cards are not transferable. The Cardholder is prohibited from transferring their card to any other person for the purpose of receiving benefit of another customer’s purchases. The cardholder is also prohibited from transferring in any way whatsoever the benefit of redeeming points accumulated on the account. Only the registered Cardholder may redeem points and dollar value equivalent on credit in the account.
5. Membership Cancellation. H.H. Distributing Company Limited reserves the right to cancel any membership in the Loyalty Program and revoke any and all unredeemed Loyalty Program points collected by any member(s) for reasons that include, but are not limited to: 1) violation of any or all of these Terms and Conditions; 2) misrepresentation of any information or any misuse of this Loyalty Program; 3) violation of any provincial law or regulation in connection with the use of membership privileges; 4) failure to pay for purchases; 5) a cheque to a participating store or brand is returned for insufficient funds or is invalid for any reason; 6) a debit or credit card payment to a participating store is contested for any reason and payment stopped; 7) commission of fraud or abuse involving any portion of this Loyalty Program; 8) more than one active account per member; or 9) action, in any other way, to the detriment of the Loyalty Program or any of its alliances; all as may be determined by H.H. Distributing Company Limited in its sole discretion.
6. Changes in Terms and Conditions. H.H. Distributing Company Limited reserves the right to make any changes to the program (whether material or otherwise), including the ways in which points are earned and redeemed and the eligible items, the expiry of accrued points, the limits, to modify or cancel Loyalty Program Terms and Conditions (including the number of Happy Harry’s Loyalty Card points issued for a Qualifying Purchase), regulations, benefits, conditions of participation, rewards and reward levels in whole or part at any time, even though changes may affect the value of points or rewards already accumulated; all as may be determined by H.H. Distributing Company Limited in its sole discretion. You will be bound by any such changes.
7. Notice of Changes. Any such changes will be shown in these Terms and Conditions on the www.happyharry.com web site and will be effective immediately unless stated otherwise. A notice that a change has been made will be placed on the web site for a reasonable period-of-time. Any changes to any printed version of the Terms and Conditions will be contained in the next reprinting of that printed version. H.H. Distributing Company Limited will attempt to notify active members regarding major Program changes, but will not be liable for failure to do so, and all members will nevertheless be bound. An active member is defined as any member having point activity (accrual or redemption) within the last 12 months.
8. Legal rights. Neither the Program nor any benefit offered by the Program creates, constitutes or gives rise to any legal or contractual rights by members against Happy Harry’s or H.H. Distributing Company Limited.
9. Points have no value. H.H. Distributing Company Limited loyalty points are not redeemable for cash or any other form of credit and have no value until presented for redemption in accordance with the terms and conditions of this Program. Points have no fixed or ascertainable cash value. Members have no ownership interest in accrued points and accrued points do not constitute property of the members. Use of the word “earn” in marketing materials in relation to H.H. Distributing Company Limited points shall mean “collect” and shall not infer that the points have any value until they are presented for redemption. Points may not be purchased or sold and are not transferable except as otherwise stated herein.
10. Communications Not Received. H.H. Distributing Company Limited is not liable for loss of misdirected correspondence, requests, or Reward Certificates that may be incomplete, illegal, delayed, lost or stolen.
11. No Guarantees on Merchandise. H.H. Distributing Company Limited, its parent, subsidiaries, affiliates, franchisees, and agents make no guarantees, warranties or representations of any kind, expressed or implied, with respect to items of merchandise, and shall not be liable for any loss, expense (including without limitation, any legal fees), accident or inconvenience that may arise in connection with the use of such items or as a result of any defect or failure of such items.
12. Restricted by Law. This Program or participation therein is not valid and/or the awarding of H.H. Distributing Company Limited points and/or the granting of rewards is void where prohibited or restricted by law.
13. Program Violations. Program violations, fraud or abuse in relation to points or reward usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and by H.H. Distributing Company Limited, including, without limitation, the forfeiture of all point transfers, rewards, vouchers, or merchandise issued pursuant to point redemptions and any accrued points in your account, as well as cancellation of the account and your future participation in the Program.
14. Other Point Awards. H.H. Distributing Company Limited points may be distributed as rewards, recognition, or incentives by H.H. Distributing Company Limited to customers and also by other companies with whom H.H. Distributing Company Limited has agreements to their employees and customers.
15. Program Interpretation. Interpretations of Program Terms & Conditions shall be at the sole discretion of H.H. Distributing Company Limited. H.H. Distributing Company Limited reserves the right to add, modify, delete, or otherwise change these Terms and Conditions or any rules related to the Program at its sole discretion, with or without notice.
16. Earning and Redeeming Points for Purchases. The Member may earn one (1) point for every dollar ($1) spend. Members may also earn (2) points for every dollar ($1) spend on designated products by H.H. Distributing Company Limited. H.H. Distributing Limited will run promotional bonus point offers on designated products. Bonus points can only be earned on the specific dates specified by H.H. Distributing Company Limited.
Purchases having cents in the check total of 49 cents and less will be rounded down. Purchases having cents in the check total of 50 cents and greater will be rounded up. By example, a check of value $9.49 will be rounded downwards and points will be awarded on a $9.00 check total. A check of value $9.50 will be rounded upwards and points will be awarded on a $10.00 points credit total. The Member can only earn a maximum of (25,000) twenty-five thousand points per ticket. Points will not be earned on the tax portion of a ticket or on product discounts (excluding sale items designated by H.H. Distributing Company Limited). Loyalty Card must be presented at purchase to earn points.
The Member must use a minimum of (1,000) one-thousand points when redeeming, up to a maximum of (25,000) twenty-five thousand points per ticket. 1,000 points has a value of $10 when redeeming. Points may only be redeemed on Happy Harry’s Merchandise. Points cannot be redeemed on tax value of a ticket, gift cards or cash. Loyalty Card must be presented at purchase to redeem points.
17. Loyalty Program and the Internet. The Loyalty Program is inseparably associated with Internet availability. As such, the Customer Loyalty Program is susceptible to down time whenever the Internet is offline. H.H. Distributing Company Limited accepts no responsibility for Internet communication challenges that negatively impact its Customer Loyalty Program. H.H. Distributing Company Limited will make every effort to ensure that customers receive points earned on purchases transacted during times when the Internet is unavailable. However, there can be no redemption of points during times when the Internet is unavailable.
18. Lost or Stolen Cards. In the event of loss or theft of your Loyalty Card, it is your responsibility to advise H.H. Distributing Company Limited as soon as possible. H.H. Distributing Company Limited accepts no responsibility for any unauthorized use of the card. H.H. Distributing Company Limited will make reasonable efforts to void the card and reduce the member’s exposure to further loss of points but accepts no responsibility for same. Furthermore, H.H. Distributing Company Limited will not make any restoration of points in the event of a lost or stolen card. The Customer Loyalty Card is a bearer card and, as such, the cardholder should treat the Customer Loyalty Card with the same protection and safety measures as if it were cash.