I. DESCRIPTION
The GAF Rewards Program (“GAF Rewards” or the “Program”) is offered by GAF Materials LLC d/b/a GAF ("GAF"). Individual Members and Member Companies (each, individually, a “Member” and collectively, the “Members”) can receive GAF Rewards Points (“Points”) for participating in promotions made available through the Program from time to time.
Membership in the Program is subject to these terms and conditions, including the Dispute Resolution and Arbitration Agreement herein, and as applicable, the Website Terms of Use (https://www.gaf.com/en-us/our-company/privacy-and-legal/terms-of-use), GAF’s Privacy Policy (https://www.gaf.com/en-us/our-company/privacy-and-legal/privacy-policy), and the terms of any promotions made available through the Program (together, the “Program Terms”). GAF has the sole right to interpret and apply the Program Terms and its decisions are final and binding. To the extent that there is any conflict between the Program Terms and any other agreement between GAF and a Member, the Program Terms will control in any matter relating to the Program.
BY ACCESSING OR PARTICIPATING IN THE PROGRAM, THE MEMBER, ITS PRIMARY ACCOUNT HOLDER AND AUTHORIZED USER(S) AGREE TO BE BOUND BY THE PROGRAM TERMS.
GAF may, in its sole discretion and without prior notice, change, amend, or supplement the Program Terms or any feature of the Program, including but not limited to, the Program eligibility requirements, the number of Points received for participating in a promotion and Points expiration dates.
CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES ACCEPTANCE OF THE CHANGES.
GAF reserves the right to terminate the Program, in whole or in part, by providing at least three months’ notice to Members. Upon termination, all unredeemed Points will be forfeited without any obligation or liability by GAF.
The Program is void where prohibited by law.
II. ELIGIBILITY AND ENROLLMENT
Individual Members. The Program is open to individuals who are legal residents of one of the 50 United States or the District of Columbia and are at least 18 years of age and the age of majority in their state of residence. To enroll in the Program as an Individual Member, an individual must visit www.gaf.com/rewards (the “Site”) or an alternative enrollment channel provided by GAF and follow the instructions for enrolling and creating an account (a “Member Account”). An individual who completes the enrollment process and creates a Member Account (an “Individual Member”) is also the Primary Account Holder of the Member Account.
Member Companies. The Program is also open to professional roofing contractor, builder or remodeling companies with a legal place of business in one of the 50 United States or the District of Colombia. To enroll in the Program as a Member Company, an employee who is at least 18 years of age and the age of majority in his/her state of residence with the authority to accept the Program Terms and make decisions on behalf of the company in all Program related matters must visit the Site or an alternative enrollment channel provided by GAF and follow the instructions for enrolling and creating a Member Account. For a company that completes the enrollment process and creates a Member Account (a “Member Company”), the employee that enrolls the Member Company is the Primary Account Holder of the Member Account.
Members and their respective Primary Account Holders and Authorized User(s) are responsible for determining whether their participation and receipt of Program benefits, such as receiving Points and redeeming Points is permitted under applicable laws, rules, regulations and employer policies that may apply to their participation in the Program. GAF assumes no responsibility or liability for any participant’s failure to comply with such laws, rules, regulations and employer policies.
Employees of GAF or its affiliates and companies owned by employees of GAF or its affiliates are not eligible to participate in the Program. Without limiting the participation of any eligible Member, distributors, retailers and resellers of GAF Products and their employees are not eligible to participate in the Program.
All eligibility determinations will be made by GAF in its sole discretion.
III. MEMBER ACCOUNTS, PRIMARY ACCOUNT HOLDERS AND AUTHORIZED USERS
A Member’s Primary Account Holder and Authorized User(s) may access the Member’s Account by visiting www.gaf.com/rewards and logging in using valid credentials. Only one Member Account per company, per person and per email address is permitted.
A Member’s Primary Account Holder has full access to the Member’s Account and the authority to submit invoices for Points, redeem Points, add users (each, an “Authorized User”), remove Authorized Users, and make Program related decisions for the Member.
Authorized Users added to a Member’s Account may be granted some or all of the same permissions as the Primary Account Holder, including the ability to view information in the Member Account, submit invoices for Points, redeem Points, add other Authorized Users, remove Authorized Users and/or the Primary Account Holder and make Program related decisions for the Member.
The Member is responsible for ensuring that only authorized individuals have access to the Member’s Account and for removing any individual who is not permitted to access the Member’s Account.
In no case is GAF responsible for any unauthorized enrollment, use, access, redemption of Points or any other use or misuse of a Member’s Account.
GAF reserves the right to request information from a Member, its Primary Account Holder, or an Authorized User to verify that an individual or a company is eligible to participate in the Program or that a Primary Account Holder or Authorized User is authorized to access a Member’s Account.
A Member may terminate a Primary Account Holder or an Authorized User by calling 1-877-423-7663.
IV. GAF REWARD POINTS AND PROMOTIONS
A Member may receive Points by participating in promotions offered through the Program and in other ways determined by GAF. A Member’s Primary Account Holder or an Authorized User can visit the Site and login to view available promotions.
Each promotion will include terms and conditions, such as qualifying purchases, purchase dates, the amount of Points that can be received, the deadline for submitting a claim for Points and any other applicable terms, exclusions and limitations. Points will not be received based upon sales tax, shipping and handling fees and other fees. Points received for a qualifying purchase that is returned or cancelled may be deducted from a Member’s Account. Not all Members will be eligible for all promotions. The number of Points that a Member can receive may vary by promotion and by Member.
To submit a claim for Points, a Member’s Primary Account Holder or an Authorized User with permission to submit claims must login to the Member’s Account, click on the "Submit Invoice" tab and follow the instructions for submitting a claim. GAF may provide alternative methods for submitting claims at its discretion.
GAF will attempt to post received Points to a Member’s Account within 10 weeks from the date that a claim is received, if the claim is approved. If a claim is not approved, the Member’s Primary Account Holder and/or Authorized User will receive notification via email.
POINTS DO NOT CONSTITUTE PROPERTY OF THE MEMBER, ITS PRIMARY ACCOUNT HOLDER OR ANY AUTHORIZED USER. POINTS HAVE NO CASH VALUE. POINTS MAY NOT BE BOUGHT, SOLD, AUCTIONED, TRADED, BARTERED, COMBINED, ASSIGNED, CONVEYED OR TRANSFERRED UNLESS EXPRESSLY AUTHORIZED BY GAF IN ITS SOLE DISCRETION.
All Points in a Member’s Account will expire and the Member may be terminated from the Program if the Member does not receive or redeem Points for eighteen (18) consecutive months.
If a Member is terminated from the Program for any reason, all Points in the Member’s Account will immediately be forfeited.
V. REDEEMING GAF REWARDS POINTS
To redeem Points, a Member’s Primary Account Holder or an Authorized User with permission to redeem Points must login to the Member’s Account, click on the "Redeem Points" tab and follow the instructions for redeeming Points. Points may be redeemed for a variety of reward options made available through the Site, such as gift cards and reloadable prepaid cards (“Rewards”) subject to availability. Delivery times vary. Rewards may be subject to additional terms and conditions. Any applicable sales/use taxes, fees, surcharges, and shipping and handling fees are the Member’s responsibility.
The Member must have the number of Points required for the Reward selected at the time of redemption. Redeemed Points will be deducted from the Member’s Account at the time of redemption. All redemptions are final.
The individual redeeming Points is responsible for providing accurate email, contact and shipping information for shipment of the Reward. Rewards will only be shipped to an address in one of the 50 United States or the District of Columbia. GAF is not responsible for replacing lost, stolen or damaged Rewards.
GAF is not responsible for the quality or performance of any Rewards provided by participating merchants or third-party service providers. The participating merchants and third-party service providers are not affiliated with GAF and are not sponsors or co-sponsors of the Program. All participating merchant and third-party service provider names, logos, and marks are used with permission and are the property of their respective owners.
VI. CREDIT AND DEDUCTION OF GAF REWARD POINTS
The Primary Account Holder or an Authorized User is responsible for ensuring that Points are properly credited to and deducted from the Member’s Account. Any claim for Points not credited to a Member’s Account must be received by GAF within six (6) months of the date on which the relevant claim was submitted. Any claim for Points incorrectly deducted from a Member’s Account must be received by GAF within six (6) months of the date on which the Points were deducted. GAF will review such claims and will determine in its sole discretion if Points were not credited to or were incorrectly deducted from the Member’s Account. GAF reserves the right to require information such as copies of claims submitted or any other information that GAF deems relevant. If GAF determines in its sole discretion that it failed to credit Points or incorrectly deducted Points from a Member’s Account, the Member’s sole and exclusive remedy shall be the issuance of the Points not credited to or incorrectly deducted from the Member’s Account.
GAF reserves the right to deduct Points from a Member's Account at any time if it determines that Points were improperly credited to the Member's Account.
VII. AUDIT
GAF may audit any Member Account and/or any claim submitted at any time to ensure compliance with the Program Terms. GAF may require additional information from the Member, its Primary Account Holder or Authorized User(s) to verify a claim.
GAF may delay the processing of a claim or suspend a Member’s Account pending completion of an audit.
VIII. TERMINATION OF MEMBER
GAF reserves the right to terminate a Member from the Program without notice if GAF determines in its sole discretion that a Member, its Primary Account Holder or an Authorized User violated the Program Terms, engaged in fraudulent activity, or misused the Program in any way.
If a Member is terminated from the Program, all Points in the Member’s Account will be immediately forfeited.
GAF reserves the right to pursue any other remedy permitted by law or in equity consistent with these Program Terms.
IX. NO WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
GAF provides the Program "As Is" and, to the fullest extent permitted by applicable law, expressly disclaims any representation or warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Participation in the Program is at the Member’s own risk.
UNDER NO CIRCUMSTANCES WILL GAF, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (“GAF PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM, THE POINTS, THE REWARDS OR THE PROGRAM TERMS. THE SPONSOR PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE PROGRAM, THE POINTS, THE REWARDS OR THE PROGRAM TERMS, WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND MAY NOT BE PERMITTED IN SOME STATES. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL SURVIVE CANCELLATION OF THE PROGRAM OR TERMINATION OF A MEMBER FROM THE PROGRAM. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GAF’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.
The Member agrees to indemnify and hold the GAF Parties harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from or related to the use of the Program, any fraud or misuse of the Program, any violation of the Program Terms, and/or violation of any applicable law or the rights of any third party by the Member, its Primary Account Holder or its Authorized User.
X. DISPUTE RESOLUTION & ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”)
Scope of the Arbitration Agreement. Each Member and GAF (each, a “Party” and collectively, the “Parties”) agree that any legal dispute between the Parties arising in any way out of or related to the Program, the Points, the Rewards, the Program Terms, or any communications between the Parties arising out of or relating to the Program shall be resolved through binding individual arbitration. Each Member understands and agrees that it is waiving the right to sue or go to court to assert or defend its rights. However, a Member or GAF may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between a Member and GAF, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Informal Dispute Resolution. Either Party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other Party describing the facts and circumstances (including any relevant documentation) and allowing the receiving Party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to GAF at GAF Rewards Program 1 Campus Drive Parsippany, NJ 07054 Attn: GAF Rewards, or (2) to the Member at the postal address on file with GAF. The Parties agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other Party.
How Arbitration Works. Either Member or GAF may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the Parties shall agree to, or the court shall select, another arbitration provider. Unless the Parties agree otherwise, any arbitration hearing shall take place in the county of Member’s location (as determined by the address of the Member on file with GAF).
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other Member. The Parties also agree that each may bring claims against the other in arbitration only in an individual capacity and in so doing the Parties hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration. In such case, the venue shall be the county of the Members’ residence (as determined by the address of the Member on file with GAF).
Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of New Jersey will govern without reference to its conflict of laws principles. GAF will provide notice of any material changes to this Arbitration Agreement. Except as set forth above in the section regarding waiver of the right to bring a class action, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the Parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. This Arbitration Agreement survives the cancellation or termination of the Program or membership in the Program by Member or by GAF.
XI. MISCELLANEOUS PROVISIONS
GAF’s failure to comply with these Program 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 GAF, shall not be deemed a breach of these Program Terms.
If GAF fails to act with respect to a Member’s breach or anyone else's breach of the Program Terms on any occasion, GAF is not waiving its right to act with respect to future or similar breaches.
If any provision of the Program Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the terms and shall not affect the validity and enforceability of any remaining provisions.
The Program Terms constitute the entire agreement between the Parties regarding the Program, Points and Rewards. The Contractor Zone is becoming GAF Partner Portal. This Agreement does not supersede any terms applicable to the GAF Partner Portal. Upon your company’s acceptance of the terms applicable to the GAF Partner Portal, these terms and conditions will be deemed updated to take the form of the General Terms and Conditions applicable to the GAF Partner Portal in combination with the GAF Rewards Supplemental Terms, which form part of the General Terms and Conditions, and your access to and participation in the Program will be subject to such General Terms and Conditions and GAF Rewards Supplemental Terms, not these terms and conditions. The General Terms and Conditions and GAF Rewards Supplemental Terms may be found in the GAF Legal Documents section of the Document Library in the GAF Partner Portal. If you do not agree to such updated terms and conditions, you must stop accessing and participating in the Program, and you must terminate your agreement for the Program by emailing GAFRewards@gaf.com and following any further instructions you receive. Until your company accepts the terms applicable to the GAF Partner Portal, your access to and participation in the Program will remain subject to these terms and conditions, not the terms applicable to the GAF Partner Portal.
Any federal or state income tax or other tax liability resulting from participation in the Program is the responsibility of the Member.
XII. CONTACT INFORMATION
For questions about the Program, contact us at: GAFRewards@gaf.com or 1-877-423-7663 Option 2.