1. How do these Loyalty Club Terms and Conditions apply to me?

These Loyalty Club Terms and Conditions ("Terms") govern your participation in any loyalty club program operated by a Rogers radio station (a "Station").  These Terms exempt Rogers and other persons from liability and contain provisions governing your eligibility to participate in, and your participation in, Station loyalty clubs (each, a "Loyalty Club" and, collectively, the "Loyalty Clubs").

In these Terms, "Service" refers to any Loyalty Club service; "Rogers", "we", "us" and "our" means Rogers Media Inc.; and "you" and "your" refer to the user of any Service.

  1. How do these Terms work with other materials made available to me?

These Terms work together with the following materials to form your complete agreement ("Agreement") with Rogers relating to your registration for and participation in any Loyalty Club:

  1. The Terms and Conditions of Use for the website through which the Loyalty Club is administered.

  1. Our Privacy Policy, which sets out our policies in relation to the collection, use and disclosure of your personal information.  Our Privacy Policy details why we collect certain information, how we use it, and how we share it, and it specifies how to contact us if you would like more information on our personal information handling practices.

  1. Any additional terms and conditions that apply to a specific program, promotion, or initiative in which you participate (for example, contest rules and regulations).

  1. Any Rogers guidelines or materials made available to you.

The Agreement is the entire agreement between you and Rogers with respect to your participation in any Loyalty Club and use of the Service.  For each Loyalty Club that you register for, you have a separate Agreement with us.  Any rights not expressly granted in the Agreement are reserved to Rogers.

  1. Can Rogers change or modify the Agreement?

Yes, Rogers may make changes to the Agreement from time to time.  If we do make changes, we will make reasonable efforts to notify you by posting an announcement on our website(s) or by contacting you.  Material changes to the Agreement will be binding 30 days following any such notice.  We encourage you to check for revisions to the Agreement each time you access your Loyalty Club account.  Your continued use of a Service following the posting of any changes to the Agreement will mean you have accepted those changes.

  1. Who is eligible to participate in a Loyalty Club?

You must be at least 13 years old in order to register for and participate in a Loyalty Club.  If you are under the age of 18, you must have the permission from your parent or legal guardian to register and participate in a Loyalty Club.

Businesses, corporations, joint ventures, partnerships, groups, organizations and associations are not eligible to participate in any Loyalty Club.  Participation in any Loyalty Club is for personal use only, so only natural persons may be members.

To register and participate in a Loyalty Club, you must be a Canadian resident, you must meet the age criteria noted above, and you must reside within the Province where the Station associated with the Loyalty Club is located.

Participation in any Loyalty Club is limited to one account per person, per email address.  By way of illustration, if two (2) or more otherwise eligible individuals share a single email address, only one (1) of them may register for an account with a given Loyalty Club; and, if an eligible individual has multiple email addresses, he or she may only register for one (1) account with a given Loyalty Club.

Note that, although you may be eligible to participate in a Loyalty Club, you may not necessarily be eligible to participate in all activities administered through that Loyalty Club.  For example, certain contests may require different eligibility criteria than those set out in these Terms.  Always read the terms associated with any Loyalty Club activities to know which activities are geared to you.

  1. Who is responsible for complying with the Agreement?

You, as a Loyalty Club registrant or intended Loyalty Club registrant, are responsible for complying with the Agreement.  Among other things, you are responsible for:

  1. all activity on your Loyalty Club account;

  1. ensuring that others do not gain access to your account, including by protecting the security of your email address and password associated with your account;

  1. ensuring that any information you provide to us is accurate, truthful, complete, and up-to-date; and

  1. keeping your registration information up-to-date over the course of your use of the Service.

Rogers may require a copy of a government-issued form of identification before making any changes to your registration information.

  1. In what circumstances can Rogers suspend or terminate my account?

Rogers owns each Loyalty Club account and has the right, but not the obligation, to monitor or investigate use of any account to ensure compliance with the Agreement.  We reserve the right to refuse registration, refuse service, terminate your account, or suspend your account for any reason whatsoever, including without limitation:

  1. if you are found by Rogers to be tampering with, attempting to tamper with, undermining, or attempting to undermine, the legitimate operation of a Service;

  1. if you are found by Rogers to have provided false or misleading personal information to Rogers (including a false name) or to have created an account for anyone other than yourself;

  1. if you have out-of-date account information;

  1. if you are found by Rogers to have used or to be using an account that is not registered in your name or that belongs to somebody else;

  1. if you are found by Rogers to have created multiple accounts;

  1. if you are found by Rogers to be in breach of any provision of the Agreement; or

  1. for any other reason as determined by Rogers in its sole discretion.

Each Service is made available to you for your lawful use only.  You understand that your account and your ability to access and use any Loyalty Club is dependent on your compliance with this Agreement.  Breach of this Agreement may result in restriction or termination of your ability to access any Service.

  1. Does Rogers have access to my password?

Yes, Rogers or its authorized representatives have access to your account information, including your password information, for account troubleshooting, verification, and fraud prevention purposes.

  1. What do I do if someone hacks into my account?

You are solely responsible for activity that occurs on your account and for maintaining the confidentiality of your account password.  If you become aware of someone else having accessed or used your account, you should immediately change your password and notify Rogers in writing.

  1. Can I delete my account?

Yes.  If you would like to delete your account, please contact the Station associated with the Loyalty Club account in writing, further to the contact information set forth on the Station’s website.

  1. How do I earn points and what can I use them for?

Loyalty Club points may be earned by listening to the Station associated with your Loyalty Club account and by participating in that Station’s initiatives, as described by the Station from time to time.  Several uses for your Loyalty Club points include entering Station contests or for redemption in exchange for Station merchandise and/or gifts.

To redeem your points, you may be required to have a requisite number of points in your account (as specified by the Station from time to time).

Failure to comply with instructions regarding points accumulation or redemption, or failure to be honest and forthcoming in your use of a Service in respect of the number of points in your account, may result in your disqualification, the forfeiture of all or some of your points, or account termination, as determined in the sole discretion of Rogers.

As a condition of your use of any Service, you acknowledge and agree as follows:

  1. Points have no monetary value whatsoever and may not under any circumstances form the basis of a monetary claim against Rogers;

  1. Points are personal and may not be assigned, traded, willed, sold, or otherwise transferred (other than with the consent of Rogers, which consent may be withheld in its absolute discretion) and any assignment or transfer in violation of these Terms will be void and may, at the discretion of Rogers, result in the termination of your account or the cancellation of the affected points;

  1. Rogers assumes no liability to you whatsoever, including, without limitation, liability by reason of the termination of, or amendment to, the Service, in whole or in part, including without limitation the elimination or modification of your ability to earn or redeem points;

  1. Rewards or benefits offered through any Service may not be exactly as advertised.  Rewards and benefits that are claimed via points redemption must be accepted as provided and are provided on an "as is" basis, without warranty of any kind.  Rogers assumes no liability in respect of rewards or benefits claimed or otherwise requested in connection with points accumulation or redemption.  You agree that Rogers and its affiliates and representatives are not responsible for any and all liability arising as a result of any accident, loss, injury or damage caused by any rewards supplied or requested in connection with the Service;

  1. Points, once redeemed or used, will not be refunded, save as otherwise may be determined in the absolute discretion of Rogers;

  1. You shall be responsible for any applicable taxes, fees, or other charges imposed by or with the authority of any government or governmental authority in respect of any rewards or benefit related to your use of the Service;

  1. You shall be responsible for advising Rogers of any change to your account information.  Rogers shall not be liable for misdirected communications or any consequences resulting, directly or indirectly, from your failure to advise Rogers of any such change.

If you choose to enter a Station contest by means of a Loyalty Club account, you acknowledge and agree to be bound by the particular contest rules as may be indicated from time to time on the Station’s website, by a Station representative, or otherwise by the Station.

  1. What can Rogers do with my personal information?

By entering into an Agreement, you expressly authorize Rogers to collect and use your personal information in accordance with these Terms and our Privacy Policy.  Among other things, you authorize Rogers to collect and use your personal information to provide you with its Services, and you agree that your personal information may be disclosed to other members of the Rogers Group of Companies, including parents and affiliates of Rogers and their agents, authorized dealers and distributors, to service your account, respond to your questions, and promote additional products and services to you.  To contact our Privacy Officer in order to access your personal information held by Rogers, obtain more information about our privacy practices, opt out of certain types of marketing communications, make a privacy-related complaint, or obtain a copy of our Privacy Policy, email us at privacy@rci.rogers.com or write to Chief Privacy Officer, Rogers Group of Companies, 333 Bloor Street East, Toronto, ON  M4W 1G9.

  1. How does Rogers manage errors or misprints?

Rogers endeavours to provide current and accurate information through each Service, but misprints or other errors may occur.  Rogers reserves the right to change the number of points stated in respect of a particular reward or contest and to correct any other misprints or errors from time to time, without any notice or liability to you or any other person.

  1. How does Rogers limit its liability?

Rogers strives to make your use of any Service a positive experience. Nonetheless, the services that Rogers provides may be impacted by factors beyond its reasonable control.  Rogers and its affiliates, partners, licensors, dealers, representatives, suppliers, and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively, the "Rogers Parties") do not accept any liability for your use or intended use of any Service.  Your use or intended use of any Service shall indicate your agreement to RELEASE, REMISE AND FOREVER DISCHARGE EACH OF THE ROGERS PARTIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH SERVICE.

The Rogers Parties will not be liable to you or to any third party for:

  1. any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue; financial loss; loss of business opportunities; loss, destruction or alteration of data, files or software; breach of privacy or security; property damage; personal injury; death; or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly from any Service or any advertisements, promotions or statements relating to any Service, even if we were negligent or were advised of the possibility of such damages;

  1. any errors, inclusions, omissions, problems or difficulties of any kind, whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise, relating to or in connection with any Service and/or any advertisements, promotions or statements relating to any Service;

  1. lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider, website, or other connections, including those through and/or by any website;

  1. jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties;

  1. incorrect or inaccurate information, including without limitation where caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in any Service; and

  1. any claims or damages resulting directly or indirectly from any claim that the use or intended use of any Service infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

  1. Are there circumstances in which I would have to compensate Rogers?

You will indemnify and hold harmless the Rogers Parties from and against any claims (including, without limitation, third party claims), losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by the Rogers Parties relating to (a) your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party, or (b) any allegations of libel or slander that are brought by or against you.

  1. Under what circumstances will Rogers terminate the Agreement or any of its Services?

Rogers may, in its sole discretion, change, suspend or terminate, temporarily or permanently, any Service, in whole or in part, or any features of a Service, for any reason, without any notice or liability to you or any other person.

Rogers may, at any time and for any reason, with or without cause, with or without notice or liability to you or any other person, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use any Service and your login name and password.

  1. What laws apply to these Terms and the rest of the Agreement?

Each Agreement is governed exclusively by the laws of the Canadian province in which you reside and the federal laws of Canada applicable in such province, excluding rules of private international law or conflict of laws which could lead to the application of any other laws.  You submit to the exclusive jurisdiction of the courts located in your province of residence.

  1. What happens if part of an Agreement becomes unenforceable or doesn’t apply?

If any portion of an Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of an Agreement does not mean we have waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of an Agreement.

Updated as of April 28, 2016

10/17/2017 07:05 AM