TERMS AND CONDITIONS
This Loyalty Program (the “Program”) is sponsored by SEA Corporation, Inc.
, an Arkansas corporation, doing business as “Guess Who?” (the
“Company). These Terms and Conditions (these “Terms”) set forth the terms
and conditions by which a qualified person may enroll in the Program and
the terms and conditions by which the Program may be administered.
By enrolling in the Program, you (i) represent that you are 21 years of age or
older; (ii) are a legal resident of the United States of America; and (iii) agree
to these Terms. Participation in the Program is voluntary. No purchase is
necessary to enroll in the Program, but purchases may be required to
receive the benefits of the Program.
The Company reserves the right to refuse participation in the Program by
any person at any time, for any reason, and with or without notice. The
Program may be terminated at any time, for any reason, and with or without
A member may cancel his or her membership at any time by contacting the
Company as provided in these Terms.
o You can enroll in Program by either requesting participation in person
at a participating location of the Company, by completing the
application at a participating location of the Company, or by
completing the application online.
o When you enroll in the Program your telephone number may be used
to identify your participation in the Program (“Participation Number”).
o Participation in the Program is limited to one Participation Number per
person and per telephone number and email address. Participation in
the Program is non-transferable. Points are not transferable and may
not be combined with Points allocated to other persons. Points are not
property and may not be transferred to any person including through
an estate or otherwise and may not pass to your successors and
Access and Updating Account Information
o For information about your participation in the Program, you may
contact the Company as provided in these Terms.
o You are responsible for maintaining accurate and updated personal
information with respect to the Program. If your personal information
changes, or if you wish to change your personal information or the
method by which the Company sends you messages (for example,
you consent to receiving text messages on your mobile telephone
number), you may contact the Company as provided in these Terms.
Promotional Offers and Other Notices.
o By participating in the Program, you agree to receive promotional
offers and other notices regarding the Program and the Company.
The Company may send promotional offers and other notices to you
using any of the personal information provided by you. You may
unsubscribe from promotional offers and other notices via the
unsubscribe link in the promotional offers and notices or by contacting
the Company as provided in these Terms.
- RECEIVING POINTS
Receiving Points and Points Expiration
o After enrolling in the Program, when you provide your Participation
Number when you shop at a participating location of the Company, you
will receive two (2) points (“Points”) for each one U.S. dollar ($1.00)
spent on Eligible Purchases except as otherwise provided in these
Terms. Initially Credits are earned at a rate of $0.015 per point.
o Eligible Purchases may include regular and sale priced merchandise at
participating locations of the Company (“Eligible Purchases”). The
following items will not be Eligible Purchases: (a) the amount of
purchase covered by the redemption of Points; (b) any other coupon or
discount voucher; (c) gift cards; (d) sales taxes; (e) deposits; (f)
cigarettes; (g) lottery and lotto; (h) beer kegs; (i) gasoline; or (j) other
excluded charges specified by the Company from time to time. You
may receive Points only with respect to Eligible Purchases.
o Points have no cash or monetary value. Points that are not used within
the time permitted by the Company may be forfeited. If you fail to
receive Points within the time permitted by the Company, your
participation in the Program may be terminated by the Company. The
Company may, in its sole and absolute discretion, terminate your
participation in the Program if Points are not used or you fail to
participate in the Program for a period of eighteen (18) months.
o The calculation of the number of Points you are eligible to receive will
be subject to the sole and absolute discretion of the Company and any
calculation of the number of Points you are eligible to receive will be
conclusive and binding on you.
o Initially you may be recognized with Silver status. If you accumulate
ten thousand (10,000) Points, you may be recognized with Gold status.
For customers with Gold status, Credits are earned at a rate of $0.025
per point. Your recognition as Silver or Gold status may permit you to
receive other benefits as determined by the Company from time to time
in its sole and absolute discretion.
o The Company reserves the right to allocate bonus Points and other
benefits to certain persons. The Company reserves the right to add,
withdraw, amend, or otherwise modify the terms and conditions of any
bonus Points and other benefits.
- ADDITIONAL TERMS
The Company reserves the right, without limitation, to terminate, change,
limit, modify, or cancel the Program, your participation in the Program, the
Points received by you, and any other matter regarding the Program at any
time, for any reason and with or without notice.
Your participation in the Program and the Points and other benefits (if any)
are offered at the sole and absolute discretion of the Company. The
Company reserves the right, without limitation, to terminate, change, limit,
modify, or cancel any of these Terms without further obligation, even
though such actions may affect the Points accumulated by you and the
accumulation of additional Points. The Company may, among other
things: (i) increase or decrease the number of Points earned on Eligible
Purchases; (ii) increase the minimum or maximum number of Points that
may be applied toward purchases; (iii) institute or add blackout dates; and
(iv) modify expiration dates; or any other aspect of the Program.
The Company may amend or modify these Terms at any time, for any
reason, and with or without notice. The current version of these Terms will
be available through the Website. Your continued participation in the
Program or your failure to object to the amended or modified Terms will
constitute your acceptance of the amended or modified Terms.
These Terms contain the entire agreement of you and the Company as to
the Program. These Terms supersede all prior or contemporaneous
representations, warranties, and covenants of the Parties with respect to
the Program whether oral or written or express or implied. These Terms
set forth the entire understanding of you and the Company regarding the
Abuse of the Program, including, but not limited to, failure to follow these
Terms or other improper conduct as determined by the Company, in its
sole and absolute discretion may result in termination of your participation
in the Program and the Points accumulated by you. In addition to any
rights and remedies set forth in these Terms, the Company shall be
entitled to all rights and remedies available under applicable law.
The Company reserves the right to interpret and apply the terms and
conditions of these Terms. All determinations by the Company shall be
final and conclusive in all cases.
The Company and its officers, directors, employees, and agents (the
“Released Parties”) make no warranty, express or implied, including, but
not limited to, any warranties of merchantability or fitness for a particular
purpose with respect to participation in the Program. By participating in
the Program, you hereby release the Released Parties from and against
any and all claims, damages, losses, liabilities, and other expenses
relating to your participation in the Program. The Released Parties will not
be liable for any claims, damages, losses, liabilities, and other expenses of
any kind arising out of or in connection with your participation in the
No person, including without limitation any shareholder, director, officer,
incorporator, general or limited partner, member, manager, employee,
affiliate, attorney, agent, or representative of the Company shall have any
liability or obligation relating to, in connection with, or arising out of the
Program. You hereby waive and release any claim that may otherwise be
available pursuant to applicable law to avoid, disregard, or pierce the entity
form of the Company or to otherwise impose any liability or obligation on
The Company can delay enforcing its rights under these Terms without
losing them. In addition, our failure to exercise our rights on any one
occasion, or even on more than one occasion, does not constitute a waiver
of our rights for any future occasion. All waivers must be in writing.
The Company logo, the Program Logo, and other designs, text, logos, and
icons, or other intellectual property are owned by and proprietary to the
Company. You may not display, reproduce, distribute, modify, transmit, or
otherwise use the contents of the Website in any way for any public or
commercial purposes, without the Company written permission. Members
are authorized to use this material only for personal, non-commercial
This Program and these Terms will be governed by and construed under
the substantive laws of the State of Arkansas.
Each term and condition of these Terms shall be severable from all other
terms and conditions of these Terms. The invalidity or unenforceability of
any term and condition of these Terms shall not affect the validity or
enforceability of any other term and condition of these Terms.
If a dispute arises with respect to these Terms and if the dispute shall not
be promptly resolved, the Company and you will endeavor to settle the
dispute by mediation administered by the American Arbitration Association
under its Commercial Mediation Rules before resorting to arbitration. Any
unresolved dispute with respect to these Terms shall be settled by
arbitration administered by the American Arbitration Association in
accordance with its Commercial Arbitration Rules, and any judgment on
the award rendered by the arbitrator may be entered in any court of
You may contact the Company by writing the Company at the address listed
3609 SE Guess Who Drive
Bentonville, AR 72712
by telephone at (479) 268-4169
or through the following website www.guesswhobentonville.com (the “Website”).