mysparklingrewards.com Terms & Conditions
SHIPPING INFORMATION
Many items ship within two weeks, larger items may take 2 to 4 weeks. Customers must be available to receive oversized shipments. Once the item has shipped, you may be contacted by the carrier to set a delivery appointment. Contact us for shipping details on each product and an agent will be happy to assist you. Products are subject to availability. This offer is available exclusively for residents of the USA. Merchandise cannot be delivered to a P.O. Box.
RETURN POLICY
Returns must be made within 30 days of our shipping date. Please read the materials included with your item. Some electronics may need to be returned directly to the manufacturer. Check the manual that came with the product for return instructions. If you would like to return or exchange any item for point credit, please send in like-new condition, in original un-opened packaging with packing sufficient to avoid damage. Any instruction manuals or product cases must also be included with returned item. Returned items not meeting these conditions may be refused or returned without credit. Please send your package back to Sparkling Ice Rewards Return Center, 40 W. Silverdome Industrial Park, Pontiac, MI 48342 via insured and prepaid U.S. mail or FedEx (for your protection and to ensure prompt delivery).
CONTENT
Reward Points and availability of products are subject to change without notice. The Content may contain errors, omissions, or typographical errors or may be out of date. Talking Rain Beverage Co. and Marketing Strategies Group, Inc. may change, delete, or update any Content at any time and without prior notice. The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."
CUSTOMER SERVICE INQUIRIES
For customer service inquiries regarding your order, please contact us at 1-248-322-5448. Customer Services representatives are available Monday through Friday between the hours of 9:00 AM and 4:30 PM (EST).
1. License.
Solely to enable Talking Rain Beverage Co., Marketing Strategies Group Inc., the Website and other third party service providers to use the information that you supply to us for the purpose for which it is provided, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known.
1.1. Talking Rain Beverage Co., Marketing Strategies Group, Inc and mysparklingrewards.com and our Third Party Service Providers will use Your Information only in accordance with our respective Privacy Policies. Your information is shared with Marketing Strategies Group, Inc., as mysparklingrewards.com uses Marketing Strategies Group, Inc. as a third party provider for merchandise fulfillment services, and as such, Your Information is stored in a unique database hosted on Marketing Strategies Group, Inc.'s servers.
2. Access and Interference.
Our Website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Website or any activities conducted on our Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information is proprietary or is licensed to Marketing Strategies Group, Inc. by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Website without the prior express written permission of Marketing Strategies Group, Inc.
3. Breach.
Without limiting other remedies, we may immediately warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your participation and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
4. Privacy.
We do not sell or rent your personal information to third parties for marketing purposes without your consent. In addition, our third party service providers use your Information to fulfill your activities on the Website. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. Your information is stored and processed on computers located in the United States that are protected by physical as well as technological security devices. Should you object to your Information being transferred or used as described in that policy, please do not use our services.
5. Exclusion of Warranties
EXCEPT AS SPECIFICALLY MADE IN THE OFFER WITH RESPECT TO A PARTICULAR GOOD MADE AVAILABLE THROUGH MYSPARKLINGREWARDS.COM ONLINE REWARDS, TALING RAIN BEVERAGE CO., MARKETING STRATEGIES GROUP, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS USER AGREEMENT, OR QUALITY OR CONDITION OF GOODS OBTAINED THROUGH MYSPARKLINGREWARDS.COM. SPECIFICALLY, MARKETING STRATEGIES GROUP, INC. AND TALKING RAIN BEVERAGE CO. DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE REGARDING SUCH SUBJECT MATTER. ALL GOODS ACQUIRED THROUGH MYSPARKLINGREWARDS.COM ARE ACQUIRED AS IS, WHERE IS, WITH ALL FAULTS. PARTICIPANTS ON MYSPARKLINGREWARDS.COM REWARDS ONLINE REWARDS MAY HAVE RIGHTS FROM THE MANUFACTURER OF THE GOODS IN ACCORDANCE WITH THEIR POLICIES. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU. TALKING RAIN BEVERAGE CO., MARKETING STRATEGIES GROUP, INC. AND THEIR THIRD PARTY PROVIDERS MAKE NO GUARANTY OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE OR THE PRODUCTS AND IS NOT RESPONSIBLE FOR: ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY THEREOF; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED WITH THE WEBSITE OR THE SERVICE; LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED BY THE WEBSITE OR THE SERVICE; ANY CONDUCT BY USERS OF THE WEBSITE OR ANY CONTENT OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE.
6. Liability Limit.
6.1. IN NO EVENT SHALL MARKETING STRATEGIES GROUP, INC., TALKING RAIN BEVERAGE CO., THIRD PARTY PROVIDERS, OR ANY OF THEIR RESPECTIVE SUBSIDIARIES, RELATED COMPANIES, AFFILIATES, FRANCHISEES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES, WEB SITE PROVIDERS, WEB MASTERS, AND ADMINISTRATOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS ("THE RELEASED PARTIES"), BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES, ANY GOODS ACQUIRED IN CONNECTION WITH THIS WEBSITE OR THIS USER AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY AWARD IS NOT AVAILABLE FOR ANY REASON. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, WEATHER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY.
6.2. ALL AWARDS ARE OFFERED SUBJECT TO AVAILABILITY. MARKETING STRATEGIES GROUP, INC. AND/OR ANY THIRD PARTY SERVICE PROVIDER RESERVE THE RIGHT TO CANCEL ON SHORT NOTICE. IF AN REWARD IS DELAYED, POSTPONED, CANCELLED OR CHANGED BY MARKETING STRATEGIES GROUP, INC. OR THE THIRD PARTY SERVICE PROVIDER, FOR ANY REASON, YOU WILL BE NOTIFIED AS SOON AS POSSIBLE TO SELECT AN ALTERNATIVE ITEM FOR YOUR AWARD AT NO ADDITIONAL CHARGE.
6.3. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, TALKING RAIN BEVERAGE CO., AND THIRD PARTY SERVICE PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT PAID BY YOU (IN THE FORM OF MYSPARKLINGREWARDS.COM REWARDS© POINTS) FOR THE GOODS GIVING RISE TO YOUR CLAIM. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. Indemnity.
You agree to indemnify and hold mysparklingrewards.com, Talking Rain Beverage Co., Marketing Strategies Group, Inc., third party service providers, and each of their officers, directors, employees, stockholders, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
8. Legal Compliance.
You shall comply with all applicable domestic laws, regulations, ordinances and in connection with your acquisition of the goods made available through the mysparklingrewards.com reward site.
9. No Agency.
No agency, partnership, joint venture, employee-employer, contractor, or franchiser-franchisee relationship between you and Marketing Strategies Group, Inc. or Talking Rain Beverage Co. is intended or created by this User Agreement.
10. Notices.
Except as explicitly stated otherwise, any notices shall be given by email or postal mail to Marketing Strategies Group, Inc., at rewards@msgrp.com or 40 West Silverdome Industrial Park, Pontiac, Michigan 48342. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.
11. Arbitration.
Any legal controversy or legal claim arising out of or relating to this User Agreement or the Services, excluding legal action taken by sparklingrewards.com, Talking Rain Beverage Co., Marketing Strategies Group, Inc. or our third party service providers to collect fees and/or recover damages for, or obtain an injunction relating to, the mysparklingrewards.com Rewards Website operations, intellectual property (including third party service providers' intellectual property), and the Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Michigan and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Marketing Strategies Group, Inc., or its third party service provider may seek any interim or preliminary relief from a court of competent jurisdiction in Michigan necessary to protect the rights or property of you or Marketing Strategies Group, Inc. depending on the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1,000.00.
12. Additional Terms.
All mysparklingrewards.com program terms and conditions apply, including the Program Rules for the mysparklingrewards.com Rewards Program and its Privacy Policy. Each of these policies may be changed from time to time and are effective immediately after we post the changes on our Website. In addition, when using particular services on our Website, you agree that you are subject to any posted policies or rules applicable to services you use through our Website, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this User Agreement.
13. General.
This User Agreement shall be governed in all respects by the laws of the State of Michigan as such laws are applied to agreements entered into and to be performed entirely within Michigan between Michigan residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Website may be interfered with by numerous factors outside of our control. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Marketing Strategies Group, Inc., in our sole discretion, to a third party in the event of a merger, acquisition or other change of control. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 5.3 (License), 6 (Access and Interference), 10 (Liability Limit), 11 (Indemnity) and 15 (Arbitration) shall survive any termination or expiration of this Agreement. Talking Rain Beverage Co. is a third party beneficiary of this agreement and may enforce any of its terms against you or any other user of mysparklingrewards.com
14. Disclosures.
The Services hereunder are offered by Marketing Strategies Group, Inc., located at 40 W Silverdome Industrial Park, Pontiac MI 48342 United States.
15. Other Information/Contact Us.
If you require further assistance, please call 248-322-5448 or contact us at rewards@msgrp.com
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