Administrator means 360insights (Canada) Ltd.
Program means the Latham Pro Advantage Builder Incentive Program and all its component parts as the same may be amended from time to time.
Organizer means (Latham Pool Products, Inc., 787 Watervliet Shaker Road, Latham, NY 12110)
Rewards means such reward items offered by the Organizer in the Program.
Reward Dollars means dollars awarded to Users that may be redeemed for Rewards under the terms and conditions of the Program.
User means each Latham Pool Builder who has accepted these Terms and Conditions of Use.
Website means the website at www.lathamproadvantage.com.
These Terms and Conditions of Use apply to the Latham Pro Advantage Builder Incentive Program offered by Organizer.
By accessing, transacting Reward Dollars, or using any aspect of the Program or Website, the User agrees to be bound by these Terms and Conditions of Use and the terms, conditions, disclaimers and limitations of liability posted in the rewards page by the Administrator on the Website. The Organizer reserves the right to amend or update any of these Terms and Conditions of Use at any time without providing notice to the User. By using the Website, the User acknowledges that he or she has read and understood these Terms and Conditions of Use.
This Program is open to Users who are a resident in the United States or Canada and are 18 years of age or older at the time of entry. This Program cannot be combined with any other of the Organizer’s programs, offers or rebates.
The Program and its benefits are offered at the discretion of the Organizer and its affiliated companies, and the Organizer has the right to terminate the Program or to change the Program terms and conditions (including these Terms and Conditions of Use), rules, benefits, conditions of participation or rewards levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of the Reward Dollars (if used as part of the Program) already accumulated. It is the User’s responsibility to maintain his or her knowledge of these Terms and Conditions of Use.
Employees of the Organizer, its affiliated companies, advertising agencies, gift suppliers or other representatives, or members of the respective immediate families of such employees and anyone with whom such employees are domiciled are not eligible to participate in any sales related Program. Employees of the Organizer are eligible to participate in employee reward or recognition Programs.1
The Organizer is not responsible for lost, corrupted or delayed redemptions. Participation constitutes full and unconditional acceptance of these Terms and Conditions of Use. Any failure by a User to follow the rules of the Program or these Terms and Conditions of Use, any abuse of the Program, any conduct detrimental to the interests of either the Organizer or the Administrator, or any misrepresentation of any information furnished to the Organizer or the Administrator may result in the termination of his or her participation in the Program, the termination of the User’s account and the cancellation of accrued Reward Dollars and/or benefits.
This Program runs seasonally from October 1 until September 30.
The Administrator may collect personal data which each User provides when he or she registers for the Program. The purpose(s) for which such personal data is collected and the way in which it is used is set out in the Privacy Policy found on the Website. By checking the ‘accept terms and conditions’ box on the Website, you agree to such use and acknowledge that you have read and accept the Privacy Policy.
Reward Dollars will be awarded to each User based on Latham Pro Advantage program criteria posted on the Latham Pro Advantage website, on or about October 31.
Users may opt to either:
Use Reward Dollars awarded for various redemption options by March 15; or
Rollover unused Reward Dollars at the rate of 50% of those earned in the current year.
Reward Dollars must be redeemed via the Website. Rewards, once chosen, can only be changed if the User contacts the Administrator’s customer service team at [email protected] within 24 hours of the redemption.
Rewards Dollars earned during a program year must be redeemed by March 15. If not used 50% of Rewards Dollars will rollover to the following program year for one year only. All rollover Rewards Dollars will expire on the one year anniversary of the date they rolled over.
Fraudulent use of accounts and Reward Dollars on a User’s account will result in the account being immediately suspended. Fraudulent activity may result in the termination of the User’s account and the cancellation of accrued Reward Dollars, Rewards and/or benefits.
Reward Dollars may only be redeemed via the Website. Rewards, once chosen, can only be changed if the User contacts the Administrator’s customer service team at [email protected] within 24 hours of the redemption.
Users may not pool, transfer or combine Reward Dollars with any other User or person in order to redeem Rewards.
Except where otherwise noted, Users may not combine cash, checks, bank deposits or any other kind of payment with Reward Dollars to redeem Rewards. Rewards can only be redeemed by using Reward Dollars.
Delivery is only available to the User’s country of residence.
Experience Rewards will be fulfilled by the User’s direct arrangement with the Experience Reward supplier, in accordance with each individual supplier’s terms and conditions, availability, lead-time and capability.
In the case of a Reward not being available (whether through obsolescence, discontinuance or lack of available stock or otherwise), either the Organizer or its supplier will contact the User within 7 days of placing the order and offer a replacement Reward of similar value. If the User does not wish to accept the replacement Reward, the original value of the Reward deducted from the User’s account will be re-credited.
The Organizer and its suppliers each reserve the right to remove or include any Reward from the range available to Users at its discretion and Users may not rely upon the continued availability of a Reward category or individual Reward.
The Organizer will endeavor to honor any Rewards that have already been ordered by a User prior to any price alterations.
The delivery of Rewards will be made to Users by the supplier(s) engaged by the Organizer. Shipping and delivery lead times vary but are not expected to exceed 25 business days. Wherever possible, the supplier(s) engaged by the Organizer will notify Users via email or by phone of a Reward’s shipment arrangement and status.
The delivery of all Rewards will be made to the address as supplied by the User at the time of order. The delivery address for Rewards should be to an address where the Reward can be signed for if necessary. If a delivery is unsuccessful for any reason, the User will be responsible for supplying alternative delivery information to the supplier. Any costs of arranging re-shipment and handling of undelivered items will be passed on to the User. Lead times for any re-delivery will be at the discretion of the supplier.
Users must refuse delivery of damaged or broken Rewards if apparent before opening the package and the supplier must be advised by the User within 24 hours of the delivery date so that the supplier can investigate and, if authorized by the supplier, arrange for replacement Reward(s) to be shipped. If the package is opened and the Reward is then found to be damaged or broken then the supplier must be advised by the User within 24 hours of the delivery date so that the supplier can investigate and, if authorized by the supplier, arrange for replacement Reward(s) to be shipped. Any damaged or broken Rewards must be returned by the User immediately to the supplier in the original condition. The supplier will pay for return shipment and subsequent re-shipping of the Reward, subject to continued availability. The supplier will only offer a replacement for Rewards that are damaged or broken when received by the User. For Rewards that are not damaged or broken but are not in working condition or faulty, the supplier will not replace the Reward, but will assist the User in contacting the manufacturer to facilitate after-sales support.
Each User acknowledges that some Rewards are not returnable and non-refundable (e.g. items with a customized aspect or which are made to order, perishable goods such as flowers/food or personal items such as jewelry or cosmetics). The supplier will not accept returns for apparel that has been worn.
Once the Reward has been received by the User, provided there is no damage or fault at the time of delivery, the User accepts all risks for the Reward and will need to contact the manufacturer if a fault develops at a later stage as per the manufacturer’s warranty terms and conditions.
For orders of Rewards shipped by tracked delivery, the supplier will provide a proof of delivery document or other supporting information within 2 weeks upon inquiry of any order disputes. Courier companies will only normally provide proof of delivery for a period of up to 2 to 3 months. Users must report any order disputes as early as possible. If any order dispute is raised after 2 months from the date of shipment, proof of delivery documents may not be available and neither The Organizer nor its supplier(s) will accept any liability to the User in respect of any such dispute.
The Organizer or the Administrator reserves the right in its sole discretion to cancel or suspend the Program at any time.
Users will be given written notice of Program termination and all Reward Dollars must be redeemed within 30 days following such written notice. Any Reward Dollars not redeemed in accordance with the foregoing will be forfeited.
To the extent any element of the Program (including, without limitation, Reward Dollars, Rewards, Experience Rewards) is deemed taxable income or employee compensation under applicable law or regulation, the User and the Organizer is solely responsible for its own and for ensuring each User’s compliance with any and all taxation requirements including, without limitation, reporting of income or compensation and payment of any resultant taxes. The Administrator has no responsibility for any taxation or reporting to any taxation authority and the Administrator is not responsible for obtaining or providing any tax advice to the Organizer or any User.
Notwithstanding the above, in the United States and Canada, the Administrator will distribute 1099s or T4As, as applicable, to relevant Users. The Administrator may need to collect additional information from applicable Users and each User, by participation in the Program, agrees to provide such information in a timely and accurate manner.
Save as set forth above, no correspondence will be entered into regarding either this Program or these Terms and Conditions of Use. In the unlikely event of a dispute, the Organizer’s decision shall be final. the Organizer and/or the Administrator reserve(s) the right to amend, modify, cancel or withdraw this Program at any time without notice.
The Organizer and/or the Administrator cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Users in this Program agree that the Organizer and the Administrator will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a Reward, or from participation in this Program. Nothing in this clause shall limit the Organizer’s or the Administrator’s liability in respect of death or personal injury arising out of its own negligence or arising out of fraud.
This Program is administrated by 360insights (USA) Ltd
Promoter: Latham Pool Products Inc.; 787 Watervliet Shaker Road, Latham, NY 12110
