TERMS AND CONDITIONS
Congratulations, you (“you,” “your,” or “Recipient”) are being provided with an exciting REWARD of your choice. These Terms and Conditions are important to you in processing your REWARD choice, so please read them carefully. Redemption of your REWARD CODE signifies your understanding and acceptance of the terms and conditions as described herein. By submitting a REWARD CODE or registration through any other means offered by Pick Your Own Vacation sponsor of www.pickyourownvacation.com (“PICKYOUROWNVACATION,” “PYOV,” or “Website”), you consent to be bound by all the terms and conditions as stated in this offer.
- ENTITLEMENTS: As a PYOV Recipient you are entitled to select a REWARD of your choice of one of the options offered within the PYOV website. Recipient may transfer his/her REWARD CODE prior to registration, however REDEMPTION MUST OCCUR PRIOR TO THE REDEMPTION DEADLINE OR THE REWARD OPPORTUNITY WILL BE NULL AND VOID. This offer may only be distributed free of charge by an authorized business as a promotional product. It may not be sold or resold, and any such sale to the end-user will invalidate any redemption rights hereunder. PYOV assumes no responsibility for verbal or written representations made in conjunction with this offer by any distributor and/or their agent, other than those made in this offer. While your REWARD may have a retail value of between $300.00 and $1,600.00, your REWARD does not have a cash value, and it is not redeemable for cash anywhere or at any store at any time. Recipient acknowledges that he/she did not purchase this REWARD and has received it at no charge; as such Recipient is not eligible for any cash value refund, nor does Recipient have a claim against PICKYOUROWNVACATION or the providing company, companies or person(s) for any reason.
- PROGRAM OVERVIEW: PYOV is an online redemption program, whereby program Recipients are given the option to pick their REWARD from the list of items offered on the Website. Recipients are provided a unique REWARD CODE via a printed certificate format or as a digital PIN code. Recipients are required to: (1) register the valid unique REWARD CODE provided with complete and accurate information within the allotted time period, (2) review the REWARD options available, (3) confirm that he/she has read and agrees to the Terms and Conditions, (4) and then pick a REWARD from the list of options offered. Upon proper registration and selection, PYOV will send Recipient an email with detailed redemption instructions for his/her selected REWARD.
- REWARD CODE REDEMPTION DEADLINE: Recipient MUST redeem their REWARD CODE within SIXTY DAYS of receiving their REWARD CODE, or Recipient’s REWARD CODE will become null and void and Recipient will lose all rights to claim their REWARD choice. Your REWARD CODE is only valid for online redemption of REWARD choices offered through the Website.
- REWARD REDEMPTION PROCESS: Once the Recipient has received the fulfillment email from PYOV, Recipients are only then entitled to utilize their selected REWARD at the website of the specific REWARD provider. Be sure to follow the redemption procedure of the provider of your selected REWARD to properly redeem. You will be required to go to the specific REWARD redemption site, enter the unique PIN CODE provided within your fulfillment email, and provide all requested information by the corresponding redemption website. PYOV does not administer or fulfill the REWARD(S); therefore any questions relating to the fulfillment of your selected REWARD should be directed to the provider of that specific REWARD choice.
- ACCURATE INFORMATION REQUIRED: Registrants are required to provide accurate information including name, address, phone number, and email address. Improper information may result in the deactivation of corresponding REWARD CODE. Attempts to defraud PYOV with the theft of codes or other prohibited actions will be referred to proper legal authorities.
- QUESTIONS/CONSENT TO BE CONTACTED: All questions related directly to PYOV will be answered via email: see “Contact Us” for any questions related to the redemption process. For any questions related to the company that provided the Recipient with a product or service, please contact the issuing company. By contacting PYOV you expressly request and consent to being contacted regarding the fulfillment of this offer and other offers from PYOV. You also expressly agree to be contacted by telephone on your landline and/or cell phone by PYOV and its affiliates irrespective of whether your telephone number appears on any state or federal “Do Not Call” lists. You further agree that you may be contacted by telephone by using a computerized dialing system (auto dialer), that PYOV may contact you via SMS text and it may use a pre-recorded message when contacting you via telephone. You further understand that your consent to be contacted is not contingent upon your purchasing any goods or services from PYOV.
- INDEPENDENT THIRD PARTY: PYOV is an independent entity. Recipient understands and agrees that PYOV and its owners, management and staff are not affiliated with entity or person whom provided Recipient with the PYOV REWARD program, nor is PYOV and its owners, management and/or staff members responsible for the fulfillment of the REWARDS offered within the Website. PYOV is an independent third party entity that simply provides the Recipient with access to REWARDS offered. Any issues or complaints that a Recipient may have with the provider of the Reward should be directed to such provider. Any questions or issues a Recipient may have with the selection or receipt of a REWARD fulfillment email may be directed to PYOV’s Customer Service Department. Replies may take up to one business day.
- LIMITATION OF LIABILITY: This offer is void where prohibited by law. In the event a REWARD is no longer available, PYOV reserves the right to substitute the REWARD with an item of similar or greater value in its sole discretion with or without verbal or written notification to you. Under no circumstances shall PYOV’s liability exceed the actual wholesale cost to replace the REWARD selected. PYOV’s agents, assignees and designees act only as agents for the REWARDS offered and under no circumstances shall the company, advertisers, agents, assignees and designees assume any liability or responsibility for any direct, indirect, punitive, incidental or coincidental damages and/or expenses that may arise from the use of, or the ability or inability to redeem this offer; nor for any injury, death, loss; or damage to any person or property, at any property, hotel, cruise ship, aircraft, or in transit to or from such property, hotel, cruise ship, or aircraft or for any cause whatsoever due to delays, website breakdowns, mechanical breakdowns, cancellations due to nature, or acts of God.
- BINDING ARBITRATION AND CLASS ACTION WAIVER: In the event of any controversy, claim or dispute between the parties arising out of or relating to these terms or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by mandatory, binding arbitration in Hillsborough County, State of Florida. The parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its rules and procedures and an arbitrator shall be selected by the AAA. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (not any attorneys’ fees) of arbitration equally. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury or to use the court system except to enforce this section. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.
- NO WARRANTY: The PYOV website is provided on an “as is” and “as available” basis with NO WARRANTIES EXPRESS OR IMPLIED WHATSOEVER OF THE MERCHANIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE BENEFITS, PRODUCTS OR SERVICES OFFERED AS REWARDS through this website. PYOV MAKES NO WARRANTIES EXPRESS OR IMPLIED WHATSOEVER REGARDING THE USE OR RESULTS OF THE BENEFITS, PRODUCTS, OR SERVICES OFFERED THROUGH THIS WEBSITE. Furthermore, no advice or information provided from this website shall create any warranty not expressly provided for in this website.
- MODIFICATION OF TERMS AND CONDITIONS: PYOV reserves the right in its sole discretion to update or modify the Terms and Conditions of this offer or of the REWARD choices at any time without notice. Redemption of your REWARD CODE or continued redemption of your chosen REWARD following modification of these Terms and Conditions constitutes acceptance of those changes. You are advised to review these Terms and Conditions for updates prior to your REWARD selection.
- INDEMNIFICATION OF COMPANY: Recipient agrees to defend, indemnify and hold harmless PYOV, its Marketers, Sales Entities, Advertisers, Fulfillment Providers or other affiliated companies and their directors, employees and assigns from all liability, claims and expenses, including any attorney fees that may arise from the use of this REWARD program.
- OUR COMMITMENT TO YOUR PRIVACY: Your privacy is important to us. To review PYOV’s commitment to your privacy please click here.
- ENTIRE AGREEMENT: Recipient agrees that these Terms and Conditions constitute the entire agreement and understanding between Recipient and PYOV, and should any terms or conditions be voided by any court, the remaining terms shall remain in effect.