1. The Maple Leaf Foodservice Indulge Rewards Program (the "Program") is being sponsored by Maple Leaf Foods Inc. (variously the "Sponsor", or "Maple Leaf").
2. Participation in the Program is limited to Canadian foodservice operators that provide restaurant services to the public in Canada (without limiting the generality of the foregoing, Indulge points will not be awarded to any person or business located outside of Canada or for purchases made for a business located outside of Canada even though the purchase may initially be delivered to a business inside Canada) and who purchase the Maple Leaf Foodservice portfolio of products. The following classifications of Operators that are in the foodservice industries and/or sectors may qualify, including, but not limited to: business and the industrial sector, the education sector (for example, elementary/secondary schools, colleges/universities), the independent restaurant & bar sector (for example, fine dining/white tablecloth restaurants, casual/theme/dinner house restaurants, midscale/family/coffee shop/cafeteria establishments), bars/taverns, travel and leisure establishments, recreation, motel/hotel/resort/lodging, vending/office coffee service, military, and other on-site restaurants. The following are exclusions to these classifications including, contract caterers (e.g. Compass, Aramark, Sodexho), convenience sector (e.g. Mac's, 7-Eleven) and commissaries (e.g. Martel, 7-Eleven). The Program excludes points collected through the sale of "out of code" (OCD) or "PUSH" product sales. Any chains exceeding 10 units and/or all National Account Operators will be excluded from this program.?"Member" denotes an applicant whose membership application has been approved by the Sponsor.
3. To enroll in the Program, visit www.indulgerewards.ca and click on the "Join Now" icon. Completely fill in the application form and click on "submit". The information contained in the form will be verified by the Sponsor and, (upon satisfactory verification), a membership card for the Program will be mailed to each Member along with an online PIN. A PIN and password will be emailed to the email address provided by the Member.
It is the responsibility of the applicant to secure his/her employer's support of his/her participation in the Program. By enrolling in the Program, a potential member affirms that s/he has the authority on behalf of his/her employer to enroll in the Program; has disclosed his/her participation and receipt of rewards; and that participation does not conflict with any contractual restrictions or obligations of the Member to another party.
Sponsor reserves the right to refuse issuance of a membership to any potential member who does not follow the prescribed applications procedures or who in Sponsor's sole opinion does not qualify for membership under the Terms and Conditions for the Program. Any abuse by a Member of the Program including any failure by a Member to follow the Program's Terms and Conditions, or any misrepresentation by a Member may, at Sponsor's sole discretion, subject the Member to expulsion from the Program, including forfeiture of all accumulated Indulge points and in such an event Sponsor shall have no liability of any kind to the (former) Member, Member will lose points and the Sponsor reserves the right to take legal action to cover the costs incurred and costs of prizes already rewarded.
Members may also apply by telephoning 1-866-405-4318, and the Sponsor's representative will note down the Member enrollment information and upon satisfactory verification a membership card for the Program will be mailed to each Member along with an online PIN. A PIN and password will be emailed to the email address provided by the Member.
To update account information, Members can go to www.indulgerewards.ca, login using their PIN and password then click the "My Account" tab and select the "My Profile" page. If Members don't have access to the website they can telephone 1-866-405-4318 for assistance.
4. Indulge points will be given to Program Members who purchase any case of participating Maple Leaf Foodservice's products (with the exception of products purchased through Retail Distributors or Retail Outlets, OCD or PUSH products). Indulge points will be awarded at the rate of 20 points for each kilogram of most participating Maple Leaf Foodservice's products purchased with the exception that some participating products are assigned a reduced point value, however the point value will be disclosed and published. Indulge points may not be purchased or earned through any other means. Points will be awarded in the name of the registered Indulge account holder name regardless of who placed the order. If a member owns more than one restaurant, etc. only one membership card will be issued for the account. Indulge points may only be accumulated in relation to the respective restaurant, location etc. associated with the respective membership (for example, restaurants owned by the same member cannot accumulate Indulge points into an aggregated account). Indulge points will be deducted from a Member's Account in the amount originally awarded in relation to any Maple Leaf Foodservice's products purchased that are returned to Sponsor.
Any product(s) sold by or purchased through a Retail Distributor or Retail Outlet do not qualify for Indulge points.
The following are examples of Retail Distributors or Outlets (but not limited to) that do not qualify:
To have Indulge points recorded, follow this procedure: 1. Purchase participating Maple Leaf products. 2. Save the Invoices or request a Velocity Report from the distributor (1 month increments). 3. Download the Indulge Rewards Fax Cover PDF from the Indulge Rewards website (or obtain a copy of the Indulge Rewards Fax Cover from your Sales Representative) and fax it along with copies of the Invoices or Velocity Reports to 1-866-727-1920 and Maple Leaf will update the Member's Indulge records. Invoices and Velocity Reports may also be emailed, along with Member's contact name and information, to email@example.com. The Invoice date or Velocity Report start date must be after or equal to the first day of the month of the Member's approval date. Invoices or Velocity Reports must be submitted within 120 days of the date of the Invoice or Velocity Report or the number of days remaining prior to the Termination Date, whichever is the lesser number of days (e.g. for new orders, the Invoice date or Velocity start date must be greater than the first day of the month after rolling back 120 days from today's date).
A statement showing a Member's Indulge points that have been recorded in the Member's name will be available online at www.indulgerewards.ca (Members will need their password).
It will generally take about one month for Indulge points to be recorded. If at any time Members believe Indulge points have not been recorded, or have been recorded incorrectly, simply send an email message to firstname.lastname@example.org or telephone 1-866-405-4318 and the query will promptly be addressed (all such requests must be made within 120 days of the date that the Invoice or Velocity Report was submitted or the number of days remaining prior to the Redemption Date, whichever is the lesser number of days).
5. Indulge points are not transferable to a different person with one exception. In the event that a Member ceases to be the Program contact because s/he has changed positions, left the business, passed away or any other reason, the Membership account and point balance can be transferred to the owner of the business. It is the responsibility of the Member or business owner to alert the Sponsor of any changes in Member and/or membership and to request the transfer of the account and points.
Indulge points are not transferable to a different business. In the event the Member is no longer employed at the business under which the Membership was opened, the points remain with the business. A Member cannot carry over his/her membership or point balance from one business to another. Notwithstanding the foregoing, and for greater clarity, in the event that a Member's business is closed, sold or the business is in any other way transferred to another person, Indulge points are not transferable to the purchaser/transferee and the Member's account will be closed and any Indulge points in the account will be forfeited at the time of sale/transfer.
Upon the death, insolvency, appointment of a receiver, bankruptcy, termination of a Member or similar, the Member's account will be closed and any Indulge points in the account will be forfeited. Indulge points are not divisible in the case of separation (including cessation of cohabitation), or divorce. Indulge points do not have any cash value and are not exchangeable for cash. Indulge points are void if sold for cash or other consideration.
Should any Member not acquire Indulge points for 12 consecutive calendar months, the membership will be deemed to be inactive and at that time the Indulge points balance may at Sponsor's discretion, and with no need to provide notice to the Member, be reduced to zero with any points accumulated to that time then deemed to be forfeited and the Member's account/membership be closed.
Indulge points expire 2 years (24 months) after the date of accumulation. Indulge points accumulated in an account prior to January 1, 2011 are deemed to have an accumulation date of January 1, 2011 (regardless of the actual Indulge points accumulation date). Indulge points may expire without further notice.
6. Indulge points are only redeemable for the gifts stated on the Indulge website, and Indulge points may only be redeemed by the Indulge Member. Proof of identity may be required at Maple Leaf's option when a Program Member wishes to redeem their Indulge points. To redeem Indulge points, the Program Member must exchange the exact number of Indulge points that is required as stated on the website. Indulge points may only be redeemed by completing the Indulge points redemption process online at www.indulgerewards.ca or telephoning 1-866-405-4318.?Maple Leaf reserves the right at any time to change the number of Indulge points awarded for a purchase, the number of Indulge points required to redeem a gift, the gifts to be awarded as part of the Indulge Rewards program and to add/delete participating products. Such changes will be announced by the posting of a revised set of Indulge Rewards details and point values on the Indulge website and such changes become effective immediately upon such posting on the Indulge website.
7. Once an Indulge points redemption has been submitted and processed, it cannot be cancelled. Allow up to four weeks for delivery of gifts ordered. Gifts may not be exactly as shown on the Indulge website. Gifts will be shipped via ground service to the address stated on the Member's membership records with Sponsor. Gifts may not be returned or exchanged. No warranty applies to any gift ordered except for a manufacturer's warranty and then only if the manufacturer offers one. If there is a manufacturer's warranty, warranty claims can only be exercised through the manufacturer or the manufacturer's authorized representative. Maple Leaf is not an authorized representative for any manufacturer, and is not responsible in any way for the Gifts. If Members are shipped a gift that they did not order, or if the gift was damaged when received due to the negligence of the shipping company, telephone 1-866-405-4318, and the Sponsor's representative will assist in your claim. By redeeming Indulge points for gifts, Member releases Sponsor from any and all representations and warranties (whether implied or express), liability and claims whatsoever regarding the redemption and use of the gift and any loss or damage caused by goods and services supplied as a gift.
8. Maple Leaf will take every reasonable measure to ensure availability of gifts but occasions may arise due to unforeseen circumstances (including unexpected demand for a particular gift) that will make some gifts unavailable. In such circumstances, Maple Leaf reserves the right to discontinue a gift or substitute a similar gift of equal or higher retail value.
9. Gifts are available only through the redemption of Indulge points. Gifts cannot be purchased for cash. Indulge points cannot be purchased for cash. Points are awarded only to Program Members and cannot be used in conjunction with other programs or offers.
10. The Program will commence on May 1, 2006 and will terminate on December 31, 2013 (the "Termination Date"). Points will not be awarded for any purchases/invoices issued prior to the commencement date of the Program. Maple Leaf reserves the right to continue the Program beyond the Termination Date and if it does so, it will be continued on the same terms and conditions as outlined herein except for the Redemption Date which will occur thirty (30) days following the new Termination Date. No Indulge points will be issued after the Termination Date (or the extended Termination Date, as the case may be) even though a purchase order was given to Maple Leaf prior to the Termination Date. All Indulge points must be redeemed by January 31, 2014 (the "Redemption Date"). Indulge points will not be honoured after the Redemption Date and any Indulge points not redeemed by the Redemption Date will automatically become void and of no effect or value. If Maple Leaf chooses to continue the Program beyond the initial Termination Date and/or any subsequent Termination Date, Indulge points accumulated during the initial Program and/or any renewal of the Initial Program will be honoured until thirty (30) days following the last Termination Date.
Upon suspension or termination of the Program for any reason whatsoever or suspension or termination of a Member's account for any reason whatsoever, Sponsor will have no liability therefore to any Member and is automatically released from all claims by Member(s) in respect of such suspension, termination, forfeiture of points, redemption of points or otherwise in respect of such suspension or termination.
11. From time to time, it may be necessary for Maple Leaf to restrict, suspend or alter the Program in whole or in part and Maple Leaf reserves the right to do so with or without notice (such changes could include the number of points required to redeem prizes, the way points are accumulated, any other point structure related matter), and if notice is provided it will occur by the posting of a revised set of these Terms and Conditions on the page of Sponsor's Website where these Terms and Conditions normally appear. Any abuse of the Program by any person including a failure to follow the Program's terms and conditions can at the option of Maple Leaf result in that person's suspension of eligibility to participate in the Program and the cancellation of that person's Indulge points without any compensation whatsoever to that person. By participating in the Program, a person agrees to be bound by the Program's terms and conditions. All decisions of Maple Leaf in relation to any dispute about any matter related to the Program shall be final and without appeal. Indulge points whether or not redeemed are the property of Maple Leaf.
12. Persons tampering with or abusing in any way the application policy or the Program's terms and condition or the Program itself will be disqualified, and any Indulge points then accumulated in that person's name will become null, void and of no effect. The Sponsor, including its agents, representatives and those associated with them, are not responsible for Indulge points which fail to get recorded, whether or not due to the fault of the Sponsor or of any other person or thing. The Sponsor is not responsible for an interrupted or unavailable browser or network server or malfunction, congestion, incompatibility, misconnection or miscommunication, failed or lost computer transmissions, or if the Sponsor's, or any other Email/Web site portal is compromised by virus, bugs, unauthorized human or unauthorized non-human intervention, or for any technical malfunction of any telephone network or lines, computer on line systems, servers access providers, computer equipment, software failures, or failure of any communication to be received due to technical problems or traffic congestion on the Internet or Sponsor's or any other web site or other similar technical problems beyond the reasonable control of the Sponsor (collectively, the "technical problems"). The Sponsor reserves the right to cancel, terminate, modify, amend or suspend the Program, in its sole discretion, if any of the foregoing technical problems prevents the fair or proper administration of the Program and if Sponsor does so, the Sponsor may at its sole discretion terminate the Program by notice on the Program's website in which case all Indulge points must be redeemed within 30 days of that termination. The Sponsor will have no liability whatsoever if for any reason the Program is not capable of running as planned due to technical problems, including due to computer virus, bugs, unauthorized tampering, unauthorized intervention, fraud, technical failures, or any other causes. Sponsor shall not be held responsible for any errors or negligence that may arise or occur in connection with the Program including any damage to a participants' computer equipment, system, software or any combination thereof, as a result of their participation in this Program or from downloading any material from the Sponsor's Website or elsewhere.
13. Every effort has been made to ensure that the information herein is correct. Sponsor is not responsible for any errors or omissions. Any waiver by Sponsor of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of Sponsor as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by Sponsor in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
15. The Sponsor relies on the Member to supervise its employees and agents as relates to their conduct in participating in the Program. The Sponsor, and its affiliates and associates, shall have no liability whatsoever for dishonest conduct engaged in by the Member's employees or agents, or any abuse by the Member's employees or agents as relates to the carrying out of the Program. Without detracting from the generality of the foregoing, Sponsor has no obligation whatsoever to verify information provided by or on behalf of a Member by its employees or agents.
16. This agreement is governed by the laws of Ontario and the laws of Canada applicable therein, without reference to conflicts of law.