FIN CLUB PROGRAM
EFFECTIVE DATE: August 15, 2014
MOST RECENT MODIFICATION: February 26, 2015
The Fin Club Program (“Program”) is a customer loyalty program offered by Miami Dolphins, LTD. (“the Dolphins”) that rewards Fin Club Members (as defined below) for participating in Fin Club activities. After you enroll in the Program and become a Fin Club Member, you will be eligible to earn Points. Then, you will be able to redeem the Points as described below and on the Fin Club website at FinClub.Dolphins.com (“the FinClub Website”).
GENERAL TERMS AND CONDITIONS
Participation in the Program is subject to these Terms and Conditions; the FinClub.com Privacy Policy; and any other terms included on the Fin Club website. (collectively the “Program Terms”). It is your responsibility to read and understand the Program Terms.
The Dolphins may amend the Program Terms in its sole discretion at any time without notice including but not limited to modifying membership eligibility; changing membership benefits; amending how Points are earned; and modifying how many Points are needed to redeem an award; and designating an expiration date for Points, subject to the terms and conditions set forth herein. Any such changes to the Program Terms will be shown in the Program Terms or on the Fin Club Website and will be effective immediately unless stated otherwise. We will post a prominent notice on the Fin Club Website to notify you of any significant changes to the Program Terms and indicate at the top of the Program Terms or Privacy Policy when it was most recently updated.
The Dolphins may terminate the Program at any time with or without notice.
Membership in the Program, the earning of Points, and the redemption of Points are void where prohibited by law, and are subject to applicable government regulations.
The receipt of rewards or the redemption of Points may be subject to tax liability. Any tax liability, including disclosure, with respect to the receipt of rewards or use of Points is solely your responsibility. The Dolphins will not be liable for any tax liability, duty of other charges in connection with the issuance of rewards. You should check with your tax advisor regarding possible tax implications.
MEMBERSHIP ENROLLMENT
You may apply to be a member of the Program by filling out the application on the Fin Club Website (“Fin Club Member”). To be a Fin Club Member, you must have a valid email address at the time of enrollment. Each email address can only be used for one Fin Club Member. You also must be at least 18 years of age or the age of majority in the place where you live, whichever is older to be a Fin Club Member.
You may only enroll in the Program for yourself, and you may only maintain one membership account. Membership and its benefits as defined below are non-transferable and may not be lent or sold to another person.
The Dolphins may, without notice, terminate a Fin Club Membership in its sole discretion at any time for any reason which may include, but is not limited to: (a) violation of the Program Terms; (b) misrepresentations of any information or any misuse of the Program; (c) evidence of fraud, abuse or suspicious activity; (d) violation of any national, state, or local law or regulation in connection with the use of the Program; or (e) taking any action which is a detriment to the Program as may be determined by the Miami Dolphins in its sole discretion.
You may terminate your Fin Club membership at any time by emailing FinClub@dolphins.com. Please be sure to include your registered email address and full name. Your FinClub membership account will terminate upon within one (1) of our receipt of termination request.
If your Fin Club Membership is terminated by you or the Miami Dolphins, all Points in your account and your membership benefits will be forfeited immediately upon termination. If you reapply for membership at a later date, you will not recover any Points or previous membership benefits forfeited from your previous membership account.
Points may not be redeemed if a Fin Club Member becomes Inactive, in which case the FinClub Member’s account will be terminated. A Fin Club Member is considered “Inactive” if during a twelve (12) month period the Fin Club member has not logged into their Fin Club Account; earned any Points; or redeemed any rewards.
EARNING POINTS
Points can be earned by taking eligible actions as described on the Fin Club Website. The number of Points earned for each eligible action also is described on the Fin Club Website.
Your account will reflect any Points earned within 48 hours of completing any eligible action. If you believe that you were not properly credited Points for an eligible action, you may claim an adjustment from the Miami Dolphins within one (1) month after completing the relevant eligible action.
The Miami Dolphins may adjust Fin Club Member’s account balance at any time in its sole discretion.
Points are a measurement of a Fin Club Member’s participation in the Fin Club and have no independent value whatsoever. Accrued Points do not constitute property of the Fin Club Member. Points are not redeemable for cash or any other form of credit. Use of the word “earn” in marketing materials and these Program Terms in relation to Points shall mean to collect Points as a measurement of participation in the Program and does not mean that the Points have any value. Points are only redeemable for rewards, as provided for herein, and only when combined with the other prerequisites for redemption, including an active Fin Club account.
Points are for the Fin Club Member’s benefit only and are not transferable to another person for any reason including divorce or inheritance. Sale or barter of Points is prohibited. Points that have been transferred, sold or assigned for such purposes may be confiscated or canceled.
REDEEMING POINTS; EXPIRATION OF POINTS
Fin Club Members may redeem Points to obtain rewards as outlined on the Fin Club Website. Fin Club Members can redeem their Points by visiting the rewards tab and signing into their Fin Club account on the Fin Club Website. For purchases, Points will be subtracted from the Fin Club Member’s account at the time of purchase. For auctions, Points will be subtracted from the Fin Club Member’s account at the time a bid is made. If the Fin Club Member loses a bid, the Points will be returned to the Fin Club Member’s account at the time the bid is lost. You must have sufficient Points in your account for the transaction and your Fin Club Account must be active, as described in these Program Terms.
Fin Club Points shall expire one (1) year from the date on which they were earned, provided, however, that in the event that the Program is cancelled or that Program elements are substantially modified by the Dolphins, with all determinations of “substantial modification” to be made by the Dolphins in their reasonable discretion, then the Dolphins may provide e-mail notice to Fin Club Members, to their email address of record, that their Fin Club Points will expire on a date to be designated by the Dolphins, which date shall not be less than thirty (30) days from the date upon which such electronic written notice is sent out by the Dolphin.
MEMBERSHIP ACCOUNT
Fin Club Members can view their account details, current points balance, previous activity, and update their personal information and communications preferences by logging into their account at the Fin Club Website. You agree to provide accurate information and promptly communicate any changes to your contact information as described below. The Fin Club Member is responsible for notifying the Miami Dolphins of any mailing address, email address, or name changes.
Fin Club members will have a user name and password for their account The Fin Club Member is responsible for keeping his or her password and other account information confidential. The Miami Dolphins are entitled to act on instructions received through a Fin Club account. Miami Dolphins are not responsible for any actions taken by a third party using Fin Club Member’s account.
Fin Club members must provide their Fin Club user name and password prior to receiving any account information. Individual account information will not be given to anyone other than the Fin Club Member whose name appears on the account unless required in connection with a legal process.
Any errors and omissions on transactions posted to an Fin Club Member’s account must be reported with one (1) month of the that the alleged error or omission posts to the Fin Club Member’s account in order for the Miami Dolphins to reconcile the account and make any required adjustments to the account.
If the Miami Dolphins improperly denies a Fin Club Member a Point accrual or benefit or improperly subtracts Points from an account, the Miami Dolphin’s liability will be limited to the equivalent of that point accrual, benefit or improper subtraction.
The Miami Dolphins have a right to correct any Points posted in error.
TRANSFER OF RIGHTS
The rights and obligations of the Miami Dolphins under the Program may be assigned or transferred by the Miami Dolphins to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.