GAF Promo Club Terms and Conditions

Last Updated: April 15, 2014

1.  Description:

Welcome to the GAF Promo Club (the “Promo Club”) of Building Materials Corporation of America d/b/a GAF (“GAF” or “Sponsor”). The Promo Club is a program whereby GAF provides Members (defined herein) the opportunity to earn GAF Promo Club Reward Bucks (“Reward Bucks”) for participating in Offerings (defined herein). These Terms and Conditions (the “Terms”) govern participation in the Promo Club. Sponsor has the sole right to interpret and apply the Terms and its decisions are final and binding. Sponsor reserves the right to prospectively modify, revise, or change these Terms and the terms of any Offering with or without notice. Prospective changes may include, but are not limited to, revising eligibility requirements, rules for earning or redeeming Reward Bucks, items available for redemption, and Reward Bucks expiration dates and partners. Sponsor reserves the right to prospectively terminate the Promo Club or any Offering at its sole discretion.

2. Eligibility:

Membership in the Promo Club is open to professional roofing contractor, builder or remodeler companies with a legal place of business in one of the 50 United States or the District of Colombia (each, a “Member”).n>For the avoidance of doubt, a professional roofing contractor, builder or remodeler company is a company whose primary source of revenue is from residential or commercial roofing, construction or renovation, respectively. No individual participation is permitted in the Promo Club. Only one account per Member is permitted. All eligibility determinations will be made by Sponsor in its sole discretion. Sponsor reserves the right to disqualify or terminate any Member and/or its Authorized Account Holder (defined herein) for any reason including, but not limited to, noncompliance with the Terms. Companies owned by employees of GAF or their immediate family members (spouse, children, parents, siblings and their respective spouses) or members of the households of each are not eligible.

3. Authorized Account Holder:

Each Member shall have one employee who is of the age of majority in his/her state of residence and that has the full right, power and authority to bind the Member with respect to these Terms, GAF’s Privacy Policy and any matters relating to the Promo Club (the “Authorized Account Holder”). The Authorized Account holder is not the Member and is not participating in his/her individual capacity, but rather on behalf of the Member. The Authorized Account Holder shall be responsible for the Member’s Promo Club account including, but not limited to, submitting redemption forms and invoices required for a Member to earn Reward Bucks, redemption of Reward Bucks on behalf of the Member and management of a Member’s Promo Club account. Only one Authorized Account Holder per Member is permitted. GAF reserves the right to request proof that an individual is a Member’s Authorized Account Holder from the individual or the Member. GAF may share any information pertaining to a Member’s Promo Club account with its Authorized Account Holder. GAF also reserves the right to share any information pertaining to a Member’s Authorized Account Holder with the Member including, but not limited to, the Authorized Account Holder’s name, information about participation in Offerings, invoices and supporting documents submitted, Reward Bucks earned and/or redeemed, and any other information relevant to the Member’s Promo Club account. It is the Authorized Account Holder’s responsibility to keep the username and password used to access the Member’s Promo Club account secure. The Authorized Account Holder must also update the Member’s Promo Club account information should any information associated with its account change. A Member may terminate an Authorized Account Holder and appoint a new Authorized Account Holder at any time by calling 1-(855) 912-2200 or emailing support@gafpromoclubrewards.com. Sponsor is not responsible for any unauthorized enrollment, access, redemption or use of Reward Bucks in a Member’s Promo Club account.

4. How To Enroll:

A Member’s Authorized Account Holder must go to www.gafpromoclub.com (the “Website”) and follow the instructions for registration.

5. GAF Promo Club Reward Bucks :

Reward Bucks can be earned by a Member for participating in certain promotions and in other ways determined by Sponsor (“Offerings”). Reward Bucks earned belong to the Member and not to its Authorized Account Holder. Reward Bucks are issued for promotional purposes and are not purchased or sold. For a Member to earn Reward Bucks, the Authorized Account Holder must follow the instructions included in each individual Offering and submit the required documentation (a “Claim”). Please see individual Offerings for details and restrictions. If the Member participates in an Offering, Sponsor will attempt to enter any earned Reward Bucks into the Member’s Promo Club account within 4-6 weeks from receipt and approval of a Claim. However, each Authorized Account Holder shall be responsible for ensuring that its Reward Bucks are properly credited and deducted. Any claim for Reward Bucks not credited to the Member’s Promo Club account must be received by Sponsor within six (6) months of the date on which the Claim is received by Sponsor. Sponsor will review such claims and will determine in its sole discretion if Reward Bucks were not credited to the Member’s Promo Club account. Sponsor reserves the right to require information from the Member such as copies of relevant invoices, confirmation that a Claim was submitted to Sponsor and any other relevant information. If Sponsor determines in its sole discretion that it failed to credit a Member’s account with Reward Bucks earned, the Member’s sole and exclusive remedy shall be the issuance of the Reward Bucks not credited to the Member’s Promo Club account. Sponsor reserves the right to remove Reward Bucks from a Member's account if it determines that such Reward Bucks were improperly credited to the Member's account.

REWARD BUCKS ARE NOT REDEEMABLE FOR CASH AND MAY NOT BE BOUGHT, SOLD, AUCTIONED, TRADED, BARTERED, or “POOLED.” Reward Bucks may be transferred only at GAFs sole discretion. Reward Bucks in more than one Promo Club account may not be combined unless authorized by GAF in its sole discretion. Reward Bucks will be deducted from the Member’s Promo Club Account when Reward Bucks are redeemed for a Certificate as described below. Unused Reward Bucks shall remain in the Member’s Promo Club account until the Reward Bucks are redeemed, expire, or the account is terminated. UNUSED REWARD BUCKS EXPIRE THREE YEARS FROM DATE OF ISSUANCE, unless otherwise indicated by Sponsor in its sole discretion. Reward Bucks have no cash value

6. Redemption:

A Member’s Authorized Account Holder is able to view the Member’s Promo Club account information at any time by logging into www.gafpromoclub.com. Reward Bucks can be redeemed for a 16 digit electronic code (a “Certificate”) at the Rewards Center on the Website. Reward Bucks and Certificates can only be redeemed by the Authorized Account Holder on behalf of the Member. The Certificate will be delivered to the Authorized Account Holder at the email address associated with the Promo Club account within twenty-four hours of redemption. Unless otherwise prohibited by law, Certificates do not expire. Certificates may then be redeemed by the Authorized Account Holder on behalf of the Member for gift cards or items sold by certain third party retailers as described in Rewards Center on the Website, subject to availability and change in Sponsor’s sole discretion. Allow 8-10 weeks from the time a Certificate is redeemed for shipment of items or as otherwise indicated by a third party retailer. In the event that the Website is no longer available, Certificates may be redeemed for items at www.GiveAnything.com. It is the Authorized Account Holder’s responsibility to provide accurate email, contact and shipping information when Reward Bucks and Certificates are redeemed on behalf of the Member. By redeeming Reward Bucks and Certificates, the Member and its Authorized Account Holder acknowledge that the Sponsor, its parent, subsidiaries, affiliates agents and their respective officers, directors, employees, and agents, have not made and are not in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any item redeemed including, but not limited to, its quality, mechanical condition or fitness for a particular purpose. Any and all warranties (if any) are provided solely by the manufacturers, and you agree to look solely to such manufacturers for any such warranty. Sponsor does not exercise direct control over any third party suppliers of items acquired with Certificates, and is not responsible for any injury, duress, service interruptions, and liabilities related to such items. By redeeming Reward Bucks and Certificates, the Authorized Account Holder and the Member agree to release Sponsor, its parent, subsidiaries, affiliates, agents and their respective officers, directors, employees, and agents, from any and all liability for loss or damage incurred with respect to the awarding, receipt, possession, use or misuse of any Promo Club Reward Bucks, Certificates or item.

Any claim for Reward Bucks improperly deducted from a Member’s Promo Club account must be received by Sponsor within six (6) months of the date on which the Reward Bucks were deducted. Sponsor will review such claims and will determine in its sole discretion if Reward Bucks were improperly deducted from a Member’s Promo Club account. If Sponsor determines that it deducted Reward Bucks from a Member’s account in error, the Member’s exclusive remedy shall be the issuance of Reward Bucks improperly deducted.

7. Audit:

Sponsor reserves the right to audit any account and/or any Claim at any time itself or through an agent to ensure compliance with these Terms. Sponsor may require additional information from the Member or its Authorized Account Holder to verify any Claim. Sponsor may delay the processing of any Claim, redemption of Reward Bucks or suspend any account pending completion of any audit. In the event that an audit reveals a violation of these Terms, Sponsor may terminate the Authorized Account Holder, the Member’s account, forfeit any existing Reward Bucks, and pursue any other remedy permitted by law or equity.

8. General Provisions :

As the Authorized Account Holder of the Member, you represent and warrant that you have reached the age of majority in your state of residence, you have read and understand these Terms and GAF’s Privacy Policy, and you have the full right, power and authority to accept these Terms and GAF’s Privacy Policy on behalf of the Member. Providing fictitious, incorrect, or false information may result in termination of your status as the Authorized Account Holder, termination of the Member’s Promo Club account, forfeiture of all of the Member’s existing Reward Bucks, and any other remedy permitted by law or equity.

By participating, on behalf of a Member, the Authorized Account Holder agrees to abide by and that it and Member shall be bound by these Terms and the decisions of Sponsor, which are final and binding in all matters relating to the Promo Club. The Authorized Account Holder also consent to Sponsor’s use of his/her name, photograph or likeness and the Member’s name, photograph, or likeness for advertising and promotional purposes without additional compensation, except where prohibited.

Participation in the Promo Club is subject to the Terms, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by the Terms or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Promo Club may result, in termination of status as the Authorized Account Holder, termination of the Member’s account, forfeiture of all of the Member’s existing Reward Bucks, and any other remedy permitted by law or equity.

Any federal or state income tax or other tax liability resulting from participation in the Promo Club is the responsibility of the Member. The Member may be issued a 1099 or other tax form if required by applicable law.

9. Internet:

Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate the Promo Club should a virus, bug or other causes beyond the control of the Sponsor corrupt the administration, security or proper operation of the Promo Club. In such event, Sponsor is only responsible for Claims received up to the date/time of corruption or modification, to the extent feasible. Sponsor is not responsible for late, lost, incomplete, or misdirected submissions; computer system, phone line, electronic equipment, computer hardware, software or program malfunctions, or other errors; failures or delays in computer transmissions or network connections; problems sending or receiving Claims from the Website; or for any other technical problems related to the Website. Sponsor is not responsible for incorrect or inaccurate information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promo Club, or by any technical or human error which may occur in the processing of Claims. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMO CLUB IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute, Claims will be declared made by the Member.

10. Important Notices:

Sponsor provides the Promo Club, these Terms and other materials, and other services and products “As Is” and, to the fullest extent permitted by applicable law, expressly disclaims any representation or warranties of any kind, express or implied, including but not limited to warranties of merchantability, or fitness for a particular purpose. Under no circumstances, including but not limited to, negligence, shall Sponsor be liable for any direct, indirect, incidental, special or consequential damages arising out of or in connection with participation in the Promo Club even if Sponsor has been advised of the possibility of such damages. Participation in the Promo Club is subject to all applicable laws and regulations.

This Program is governed by the laws of the United States and the State of New Jersey, without respect to conflict of law doctrines. As a condition of participating, the Authorized Account Holder agrees that any and all disputes which cannot be resolved between the parties, and any claims or causes of action of any kind arising out of or in connection with participation in the Promo Club shall be resolved individually, without resort to any form of class action, exclusively before either a state or federal court located in New Jersey having jurisdiction. If any of these Terms are deemed to be unenforceable, the remaining Terms shall be applied as set forth herein. If Sponsor fails to act with respect to any violation of these Terms it does not waive the right to act with respect to any future violation of these terms. The failure of Sponsor to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Sponsor, shall not be deemed a breach of this Agreement.

11. Contact:

For questions about the GAF Promo Club, contact 1-(855) 912-2200 or email support@gafpromoclubrewards.com. The sponsor is Building Materials Corporation of America d/b/a GAF, 1361 Alps Road, Wayne, NJ 07470.