By enrolling in the Santana Row loyalty program (the “Program”), you agree to be bound by and comply with the following terms and conditions of use. The terms “we,” “us,” and “our” mean Santana (as defined below) and “you” and “your” mean anyone who has received the Card (as defined below) or is authorized to use it.
Membership in the Program and its benefits are offered at the sole and absolute discretion of FRIT San Jose Town and Country Village, LLC, its affiliates, agents and employees (collectively, “Santana“). Participation in the Program is subject to these terms and conditions, which may be amended, modified and supplemented from time to time without notice to you. Santana reserves the right to cancel the Program at any time with or without notice. Any such amendments, modifications, supplements or cancellations may affect the value of points accumulated and you may not rely upon the continued availability of any reward. The Program is governed by and to be construed in accordance with the laws of the State of California. Membership and application of membership awards are void where prohibited by law. The interpretation of these terms and conditions shall be in the sole and absolute discretion of Santana. These Terms and Conditions are subject to change from time to time at the sole discretion of Santana, and we encourage members to check the same periodically as members will always be subject to the then-current Terms and Conditions.
To become a member of the Program, individuals should visit us online at www.santanarow.com or at the concierge at Santana Row (the “Concierge”) to complete the application for the Program. Upon completion of the application, members will each be assigned their personal loyalty rewards number and card (a “Card“) and become eligible to receive loyalty reward points. Santana reserves the right to close any accounts if no points are accrued during a 6-month period and any points accumulated may be deemed canceled. Only individuals over the age of 18 are permitted to enroll and become members in the Program; provided, however that certain rewards may only be redeemed by persons aged 21 and over. Members are responsible for keeping Santana informed of any changes to membership status. Changes to a member’s name and address should be provided to Santana through the Concierge. Upon enrollment in the Program, members will receive an e-mail with further directions regarding the use of the Program, which can be used to track the accumulation and redemption of points, as well as provide information on membership status. In addition, members may check the available balance of their Card and view due rewards by visiting the Concierge or going online to www.santanarow.com.
III. Accumulation of Points
Members earn one point for every dollar spent at a Santana Row retailer, restaurant or entertainment venue, and in no event shall any member be entitled to points for visiting any location other than that certain mixed-use development known as Santana Row located at Stevens Creek Boulevard and Winchester Boulevard, San Jose, California. Members are responsible for ensuring that points are properly credited. Requests to receive points should be made within the calendar year in which the points were earned. Santana and/or the participating retailers have the right to request reasonable evidence, documentation or other materials be provided to substantiate point accumulation. Members may not have negative accounts. Negative accounts are subject to cancellation, without further opportunity to enroll in the Program. Members should contact the Concierge directly in the event any errors appear in the member’s account statement. Any questions regarding a member’s points and benefits should be directed to the Concierge.
Persons enrolled in the Program may earn one point per dollar spent at participating stores, kiosks, restaurants, movie theaters and other services available at Santana Row (“Qualifying Purchases”). Gift card purchases of any kind do not constitute Qualifying Purchases. We reserve the right to modify the types of purchases and transactions that constitute Qualifying Purchases from time to time in our sole discretion. Loyalty rewards points are earned on a one-for-one basis in accordance with the dollar amount of each Qualifying Purchase. For example, a qualifying purchase of $100 will correspond to 100 points. From time to time, promotional programs awarding loyalty rewards points at a greater than a $1 to 1 ratio may be implemented (such as, for example, a “double points” promotion wherein a Qualifying Purchase of $1 will earn 2 points). Notwithstanding any other provision contained herein, the maximum number of loyalty reward points awarded from Qualifying Purchases eligible for redemptions in any calendar year is 250,000. Each Qualifying Purchase must be evidenced by a receipt that is logged and associated with your membership account. You may log receipts for qualifying purchases by either uploading a photograph of the receipt, or by presenting the receipt to staff at the Concierge office at Santana Row. Receipts for Qualifying Purchases with a total value of more than $1,500 will not be accepted through the mobile application and must be presented to the Concierge office. Receipts for purchases from and after 2011 are eligible for loyalty rewards points. All purchase receipts will be accepted only once. Receipts must be scanned or presented to the Concierge office (as applicable) within 60 days of purchase to be eligible for points. Points are promotional and have no cash value. Promotional offers and event invitations may vary per member.
Redemption of points for the Program is further governed by the terms and conditions of participating retailers. To see a current list of participating retailers, visit www.santanarow.com. Rewards are subject to change without notice at anytime and from time to time. Members acknowledge that the list of participating retailers and award availability are subject to change from time to time. Members agree that Santana is not responsible for the services or merchandise received through the Program or for any damages resulting directly or indirectly from the use of the Card. In the event a member has a problem with a reward received from a participating retailer, the member should contact such retailer directly. Any rewards received through the Program may be subject to tax liability, which shall be the sole responsibility of the member. In the event of fraud or misuse of the Program, Santana reserves the right to take appropriate legal action and any points accumulated and the members’ right to participate in the Program shall be canceled without further opportunity to enroll in the Program. Accrued loyalty rewards points are for the benefit of the member only and do not constitute the property of the member. The Card and any points thereon may not be transferred. In the event a Card is transferred, Santana may cancel the card and any rights a member may have under the Card. The Card and any points thereon may not be refunded or exchanged for cash, cash equivalent (such as money orders or traveler’s checks), or credit. Further, Santana reserves the right to terminate (a) any member’s account, or (b) the Program itself, at any time for any reason or for no reason at all, with or without notice, and any then-unused loyalty rewards points shall then be forfeited.
Santana respects the privacy of the members of the Program and does not share members’ addresses or contact information with other companies for them to market their own products and services. As part of becoming a member of the Program, members consent to receive marketing materials from Santana and its affiliated entities. In addition, members may receive e-mails from Santana on behalf of third parties. Members may opt out of receiving such materials by visiting or calling Concierge. Santana may disclose information to third parties about the transactions a member makes in order to (a) complete transactions, (b) utilize services of third parties who assist Santana in providing the Card and related services, (c) to comply with government agencies or court order, or (d) as permitted by applicable law.
Members must address any disputes involving the redemption of points directly with the retailer involved. Santana is not responsible or liable for (a) any interruption in service of the Program, (b) the quality, safety, legality, or any other aspect of any goods or services received from any retailer with the Card, (c) any refusal by a retailer to honor the Loyalty rewards, or (d) any problems a member may have with a retailer. Refunds and returns of any reward obtained through the Card are subject to the retailer’s policies or applicable laws. SANTANA EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SANTANA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE LOYALTY PROGRAM OR THE LOYALTY CARD OR ANY SUCH OTHER PRODUCTS AND SERVICES, EVEN IF SANTANA OR A SANTANA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VII. Lost or Stolen Cards
Members are responsible for informing the Concierge if their Card is lost or stolen. Members should report lost or stolen Cards immediately to the Concierge, who will issue members a new Card identification number. If a member’s Card is lost or stolen, the member is liable for any transactions that occur with the Card before the card is reported lost or stolen. Members may also remain liable for transactions that occur after the card is reported lost or stolen unless such member cooperates with any investigation regarding the theft or loss to the extent Santana may request.
By becoming a member of the Program each member has consented that any Claims (as defined below) that arise between a member and Santana will be settled through binding arbitration. By consenting to arbitration, members have waived the right to litigate in court or have a jury trial. Claims that a member may have in court may be unavailable or limited by arbitration, including any appeal rights. Anything in this Section to the contrary notwithstanding, members shall not be precluded from filing and pursuing any Claims in small claims court so long as that Claim is pending only in that court. As used herein, the term “Claim” shall mean and include any claim, dispute, or controversy of every kind and nature, whether based in law or equity, between a member and Santana arising from or related to the Card, the Program or these Terms and Conditions, including the validity, enforceability or scope of this Arbitration provision. “Claim” also includes claims by or against any third party using or providing any product, service or benefit in connection with the Card or the Program, if and only if, such third party is named as a co-party with either the member or Santana (or files a Claim with or against a member or Santana) in connection with a Claim asserted by a member or Santana against the other. Upon election by a member or Santana, any Claim shall be determined by arbitration administered by the American Arbitration Association (“AAA”) in accordance with this Arbitration provision and the code of procedures (the “Code”) of the AAA that is in effect at the time of the arbitration, except to the extent the Code conflicts with this Arbitration section or the Terms and Conditions. For a copy of the procedures, to file a Claim or for other information contact AAA, 335 Madison Avenue, New York, NY 10017, www.adr.org. Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between each individual member and Santana. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Members hereby waive any and all rights to bring any Claim in any forum beyond one hundred eighty (180) days after the first occurrence of the kind of act, event, condition or omission upon which the Claim is based. If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The failure by Santana to exercise rights granted to Santana hereunder upon the occurrence of any of the contingencies set forth in this agreement will not constitute a waiver of such rights upon the recurrence of such contingency.