PLEASE READ CAREFULLY. By enrolling in this program, you agree to the following terms and conditions (the “Rules”) governing the Crackle Rewards Program.
1. Overview of Crackle Rewards Program
The Crackle Rewards Program (the “Program”) is a loyalty program sponsored by Crackle Plus, LLC (“Sponsor”) through which individuals (“Participant(s)”) who have enrolled in the Program, may earn points (“Point(s)”) that will be credited to Participant’s Crackle Rewards account (“Rewards Account”), and redeem those Points, as more fully described in these Rules.
By enrolling in the Program and creating a Rewards Account, or by using Points, Participant agrees that Participant has:
These Rules will be considered “Additional Terms” as defined in Sponsor’s Terms of Service.
2 Eligibility and Participation in the Program
2.1 Eligibility. The Program is open to legal residents of the fifty (50) United States and the District of Columbia, who (a) are at least eighteen (18) years of age or older; (b) possess the legal authority to agree to the Rules; (c) provide valid and accurate information when enrolling in the Program; (d) are not already participants in the Program (i.e., do not already have a Rewards Account); (e) have not previously been terminated from the Program, or any previous iteration of the Program, and (f) access the Crackle App from televisions or other devices specified by Sponsor (more information about these televisions and other devices is available here https://www.crackle.com/rewards-info (“Crackle”).The Program is void where prohibited by law.
2.2 Registration. To enroll in the Program and create a Rewards Account, participants must register online at https://join.crackle.com/, and agree to these Rules. Continued participation in the Program constitutes each Participant’s continued full and unconditional agreement to these Rules, as updated from time to time, and Participant’s representation that he/she meets the eligibility requirements in these Rules. Participants who do not comply with these Rules may be prohibited from participating in the Program as determined by Sponsor in its sole discretion. There is a limit of one (1) Rewards Account per person, per e-mail address, regardless of whether more than one person uses the same e-mail address. The person who is the authorized account holder of the e-mail address listed when registering (and who otherwise meets the eligibility criteria for the Program) will be deemed the Participant. Participants agree to accept responsibility for all activities that occur in connection with their Rewards Account. As such, Participants are responsible for maintaining the confidentiality of their Rewards Accounts, including, without limitation, usernames and passwords, and for restricting access to their devices and activity on their Rewards Account.
2.5 Opting-Out of Rewards Account. If a Participant would like to opt-out of its Rewards Account, it may do so by going to the settings menu and toggling the button to read “opt-out”. If a Participant opts-out of their Rewards Account, all of their data associated with their Rewards Account will be immediately and permanently deleted. Participants forfeit their Rewards Points and Sponsor will not be able to provide any customer service related to any previous transactions associated with their Rewards Account once a Participant has opted-out. If Participant elects to re-enroll in the Program after they have opted-out of their Rewards Account, they may do so, but will start with a zero Point balance.
2.7 Monitoring Rewards Accounts. Sponsor reserves the right to monitor the Rewards Accounts of all Participants, at any time and without notice, for compliance with the Rules. Sponsor may review all Participants’ Points balances and transaction history including, without limitation, requests for Program rewards and other benefits.
3. Earning and Redeeming Points
3.1 Points. Participants earn one (1) Point for each complete minute of video viewing on Crackle. By way of illustration only: if a program is 59 minutes and 36 seconds in length and a Participant views the entire 59 minutes and 36 seconds, the Participant would earn 59 Points. If the Participant viewed 36 minutes and 59 seconds of the same program, the Participant would earn 36 Points. Finally, if the Participant viewed only 59 seconds of the program, the Participant would not earn any Points for viewing the program. From time to time, Sponsor may run limited time promotions through which Participants may earn bonus Points, or Points earned may be multiplied (e.g., two Points awarded for every one Point earned), subject to Participant’s fulfillment of certain activities (e.g., watching a specific title on a specific day), or certain terms and conditions established by Sponsor. Points earned may take up to 24 hours to appear in a Participant’s Reward Account.
3.2 Rewards. Participants may use their Points to redeem certain rewards from Sponsor or Sponsor partners, such as:
The number of points needed to redeem each reward will be listed in the Reward offering while you are on Crackle, as well as additional details, limitations, expiration dates, and/or restrictions. Some rewards may have limited quantities or may be made available on a first come first serve basis. Participant will not accumulate additional Points while viewing content on Crackle during their 24 hour ad-free viewing or sponsored ad-free viewing session. A sponsored ad-free viewing session will contain limited advertisements from a Crackle sponsor (e.g., “Brought to you by”). Participants will only be able to redeem two (2) ad-free viewing or sponsored ad-free viewing sessions in (1) one month. To deliver an ad-free viewing session to Participants, Crackle requires that the “personalized ads” functionality on a Participant’s applicable device be enabled for the duration of the ad-free viewing session. During the ad-free viewing session, Participants will not receive or be targeted with personalized ads. Upon expiration of the ad-free viewing session, Participants personalized ads settings will be restored to its previous state.
3.3 Rewards from Partners. The redemption, delivery and distribution of rewards from Sponsor’s partners are the sole responsibility of the Sponsor’s partner, and are subject to the applicable terms and conditions of the Sponsor’s partner involved. Participant acknowledges and agrees that Sponsor has no liability or responsibility for the rewards provided by Sponsor’s partners to Participants under the Program, nor for the redemption, delivery and distribution of such rewards. Links to Sponsor’s partners external sites, services, platforms, or resources operated by Sponsor’s partners may be included in order for Participant to redeem partner rewards. These links are provided for your convenience only. SPONSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO REWARDS PROVIDED BY SPONSOR PARTNERS TO PARTICIPANTS. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY OR ADEQUACY OF THE REWARDS PROVIDED BY SPONSOR PARTNERS TO PARTICIPANTS FOR ANY PURPOSE OR USE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. If a Participant has an issue with any Sponsor partner reward, please contact the Sponsor’s partner directly.
3.4 Earning Points through other Special Offers: Sponsor may also offer Points through other promotional offers to some or all eligible Participants for limited time periods. These offers may be communicated to Participant (i) through the Participant’s Rewards Account, and/or (ii) through push notifications and/or to the email address associated with their Rewards Account. Each offer will provide details, terms of the offer, including how to participate, limitations and restrictions, and other information.
3.5 Accrued Points Viewable in Participant’s Rewards Account. The number of Points earned by each Participant will be tracked in the Participant’s Rewards Account. Each Participant will have the responsibility of ensuring that his/her Points are properly credited. Any claim for Points not credited accurately must be received by Sponsor within seven (7) days of the date of claimed accrual of such Points. Manual issuance of Points can take up to thirty (30) days. Sponsor will have no liability for any printing, production, typographical, mechanical, or other errors in the Points summaries or in Participant’s Rewards Account. The total number of Points Participants can use to redeem rewards is the number of Points available in their Rewards Account at the time of redemption.
3.6 Adjustments and Corrections. At any time, and in the Sponsor’s sole discretion (including, without limitation, where a Participant was not eligible to earn Points or other benefit pursuant to these Rules), the Sponsor may correct (i) the amount of Points credited to a Rewards Account, and (ii) any other benefit that has been credited to a Rewards Account. Sponsor reserves the right to (a) invalidate Points from a Participant Rewards Account if it determines that such Points were improperly credited or obtained fraudulently, including through the use of bots, computer algorithms, or other computer software or programs intended to automate the earning of Points without human intervention, (b) require proof of accrual of Points, or (c) delay the processing or redemption of any Points without notice to Participant in order to ensure compliance with these Rules.
4. Restrictions; Forfeiture and Expiration of Points;
4.1 No Cash Value or Transferability.Points do not (a) constitute property, (b) entitle a Participant to a vested right or interest in any property, or (c) have a cash value. As such, Points are not redeemable for cash, and are not transferable or assignable for any reason including: (i) upon death, (ii) as part of a domestic relations matter, (iii) from separate Rewards Accounts held by the Participant, or (iv) otherwise by operation of law. The sale or transfer of Points is strictly prohibited. Points may not be sold on any secondary market, and any transfer of Points to a secondary market will be deemed void. If the Program is canceled, any Points remaining in a Participant’s Rewards Account will be forfeited without compensation to the Participant. There will be no carry over or transfer of Points to other Sponsor programs, including any successor or substitute programs, unless otherwise determined by Sponsor in its sole and absolute discretion. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
4.2 Points Expiration. Participants must remain active in the Program to retain Points they accumulate. If a Participant’s Rewards Account is inactive for consecutive months, that Participant will forfeit all accumulated Points. Participants can remain active in the Program, and retain accumulated Points, by If a Participant does not maintain an active status on their Rewards Account for consecutive [months], the Participant’s Rewards Account may be deactivated. Once Points are forfeited for inactivity, the Points cannot be reinstated, but a Participant can earn new Points, unless that Participant’s Rewards Account has been deactivated.
Participants are responsible for the payment of all taxes resulting from their participation in the Program, including any taxes for reward redemptions.
6. Suspension, Changes and Termination of the Program
Sponsor may suspend, modify or terminate the Program, in its discretion, at any time, with or without notice to Participants. Termination, modification or suspension of the Program may affect a Participant’s ability to earn Points and redeem accumulated Points. For example, Sponsor may change the number of Points you can earn for video viewing, change the number of Points required to redeem for rewards, change rewards options, impose caps on earning and/or using Points, increase requirements for eligibility in the Program, cancel rewards and/or the Program entirely. A Participant’s continued participation in the Program constitutes his or her acceptance of any changes to these Rules. These Rules supersede all previous terms and conditions applicable to the Program, except as otherwise expressly prohibited or limited by applicable laws.
7. Limitation of Liability; Release
7.1Sponsor, its parent, subsidiary, affiliate, and related companies, and each of its, and their respective, officers, directors, employees, shareholders, agents and promotional and advertising agencies, service providers, successors, and assigns (collectively the “Released Parties”) are not responsible for errors, interruptions, irregularities, or delays related to the Program. Sponsor makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Program or by participating partners.
7.2 By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to defend, indemnify and hold harmless, the Released Parties from and against any claims, liabilities, damages, or expenses arising from the acts or omissions of Participant and/or Participant’s participation in the Program.
7.3 RELEASED PARTIES ARE NOT RESPONSIBLE FOR PRODUCTS AND/OR SERVICES OFFERED OR REDEEMED AS REWARDS UNDER THE PROGRAM. IN NO EVENT WILL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE RELEASED PARTIES, OR ANY OF THEIR AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE RULES, SPONSOR’S CUMULATIVE LIABILITY TO PARTICIPANT ARISING FROM ANY CAUSE OF ACTION WILL, AT ALL TIMES, BE LIMITED TO THE LESSER OF (A) PARTICIPANT’S ACTUAL LOSS; OR (B) $1,000. THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Additional Terms and Conditions
8.1 Interpretation of Rules. All interpretations of these Rules are at the Sponsor’s sole discretion, and the Sponsor’s decisions in this regard will be final.
8.2 Waiver. Sponsor’s waiver of any breach of these Rules will not constitute a waiver of any other prior or subsequent breach of these Rules. Sponsor’s failure to insist upon strict compliance with these Rules by any Participant will not be deemed a waiver of any rights or remedies Sponsor may have against that, or any other, Participant. Sponsor may waive compliance with these Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Participants.
8.3 Subject to Law. Participating in the Program, and the earning and redeeming of Points, are subject to all applicable laws, and may not be available if prohibited or restricted by such applicable laws. If any part of these Rules is held to be unlawful or unenforceable, that part will be deemed deleted from these Rules (where permitted), and the remaining provisions will remain in force.
8.4 Choice of Law and Venue; Arbitration. As a condition of participating in the Program, Participant agrees that, except where prohibited by applicable law, any and all disputes, claims and causes of action arising out of, or connected with, the Program, or any item distributed in connection with the Program, will be resolved individually, without resort to any form of class action, exclusively in accordance with the laws of the State of Connecticut, United States, without regard to its conflicts of law rules. THE ARBITRATION PROVISION SET FORTH IN SECTION 9 OF THE SPONSOR’S TERMS OF SERVICE WILL GOVERN ANY DISPUTES BETWEEN PARTICIPANT AND SPONSOR RELATED TO THESE RULES.
9.1 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 Rules or any federal, state, or local laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Sponsor will have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole and absolute discretion.
9.2 Any attempt by any person to undermine the legitimate operation of the Program may constitute a violation of criminal and civil law. Should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
9.3 The Program is provided to individuals only. No legal entity or organization, including, without limitation, corporations, associations, or non-profit organizations, may participate in the Program.
9.4 All questions or disputes regarding eligibility for the Program, the availability of rewards, or a Participant’s compliance with these Rules, will be resolved by Sponsor in its sole and absolute discretion.
9.5 Sponsor is not responsible for any incorrect or inaccurate information supplied by Participants under the Program.
9.6 If there is a conflict between these Rules and the Terms of Service, the Terms of Service will control.
If you have a question regarding these Rule, you may contact Sponsor Customer Support by sending an email to firstname.lastname@example.org
Sponsored by: Crackle Plus, LLC.