TERMS & CONDITIONS

Effective Date: 1 March

DEFINITIONS

Agent: means 212F Pty Ltd.
Eligible Partner: means A current Jands retail Partner and or Reseller.
Eligible Promotor Products: means purchases made directly in person/in store from the Promoter for eligible Promotor products sold and shipped by Promotor during Program Period in accordance with these Terms and Conditions. Online purchases do qualify for entry into this Program.
Participant(s): means a sales employee of a Jands’ retail partner who is participating in the Program.
Program or Promotion: means the “Make Some Noise” retail partner reward program with Jands.
Program Account: means Participants digital account on the Jands Makes Some Noise Rewards Platform.
Program Period: 1 March 2022 until further advised.
Program Website: means the website located at URL http://www.jandsrewards.com.au
Promoter: means Jands Pty Limited.
Reward Catalogue: means the rewards outlined on the Jands Makes Some Noise Rewards platform located here https://jandsrewards.com.au/reward/browse
Make Some Noise Points (MSN Points): means points awarded to a Participant in the Program for the sale of Jands products in line with the Promotion Mechanics detailed on the 212F website. MSN Points can be used to redeem in the Reward Catalogue.

ACCEPTANCE OF TERMS AND CONDITIONS

The information contained on the Program Website form part of these Terms and Conditions.
Registration and participation in the Program mean automatic acceptance of these Terms and Conditions.

ELIGIBLE PARTICIPANTS

Participation in the Program is FREE and open to all Eligible Partners.
Eligible Participant means a customer facing sales professional employed by an Eligible Partner who wishes to engage in the Program.

PROGRAM TERMS

Promotor may terminate a Participant’s ability to participate in the Program without notice for any reason including, without limitation if the Participant:

Fails to comply with these Terms and Conditions.
Abuses any privilege accorded to the Participant under the Program.
Does not earn MSN Points for the duration of the Program or leaves an account inactive for 12 months.
Supplies any misleading information or makes any misrepresentations to the Promoter.
The Promoter may discontinue the Program at any time at their discretion without prior notice.
The Promoter will not be liable for the suspension or termination without notice of the Program on any Program Account whatsoever including (without limitation) for any MSN Points balance in a Participants account at the time of suspension or termination.
Any Participant who leaves an employer during the course of the Program will have 30 days from the date of their termination of employment to claim their MSN Points or MSN Points will be forfeited.
Promotor must be advised of any change of employer before any further Program claims are submitted.
A Participant may terminate their participation in the Program at any time by giving written notice to the Promoter.
The Promoter reserves the right to without notice add to the Participant(s), vary, cancel or revoke the Program in whole or in part, or vary the Program including the Program Period, if it deems any future circumstances warrant such a decision.
The Promoter will be the final authority with respect to interpretation of the Program including final review and reward eligibility and MSN Points eligibility and no correspondence will be entered into.
All Program Participants who have had their registered trade account put on credit hold and/or have billing disputes with the Promotor regarding their registered account will have their MSN Points frozen until the dispute or credit hold has been resolved.

EARNING POINTS

MSN Points will only be awarded on Eligible Promotor Products meaning purchases made directly from Promoter for eligible Promotor products sold, and shipped by Promotor during Program Period in accordance with these Terms and Conditions.
Returns to Promotor will result in MSN Points being deducted.
MSN Points are awarded to individual registered Participants.
MSN points are not awarded to the Eligible Partners.
MSN Points awarded to Participants will correlate directly to their individual sale of Eligible Promotor Product under the Program.
Sales cannot be aggregated between Participants or assigned to another Participant or entity. Any breach of this condition will result in disqualification from this Program and all future Programs, for all participants involved, and all MSN Points will be forfeited.
Participants may register for the Program throughout the Program Period.
Participants will receive MSN Points from the date of registration for Eligible Promotor Products purchased from Promotor.
Promoter reserves the right to reclaim and/or recover any MSN points or equivalent cash value of rewards in the case of overstatement of sales or performance by Participant.
Participants will not be able to backdate MSN points for purchases outside the Program Period.
Promotor will be the final authority with respect to the above and no correspondence will be entered into.
In the case of missing Promotor sales data in the Program, Promotor Rewards may consider manually reprocessing identified missing sales data. The missing sales data must be identified by the affected participant with Promotor Invoice or Distributor Invoice information as proof of purchase. All missing data reprocessing requests must be submitted within 60 days of the invoice date of the affected sales.
Promotor will not be responsible for performance that is detrimentally affected by product availability for any reason.
Promotor may rescind eligibility for rewards in any of the following circumstances:

If any sales claim is found to be fraudulent.
If there were any stock adjustments or credits which would have altered original eligibility for rewards.
If any participant claims credit for sales made by another salesperson.

MSN POINTS EXPIRY

All MSN points in the Program have a point expiry period of 24 months from the date of issue.
It is the responsibility of the participant to be aware and manage their MSN Points and any MSN Point expiry.
Any MSN points that expire cannot be renewed or reactivated to the account.
Expiring MSN points cannot be transferred to other accounts and are to remain in the reward account where the MSN points where earned.

REWARDS & REWARD REDEMPTION

The rewards available at any time are set out on the Program Website and can only be redeemed via the Program Website.
Rewards and products are subject to availability. The Promoter reserves the right to change the products, rewards and MSN points required at any time. Reward point values are set by the Promoter and may not be altered.
The Promoter may, for any reason and in its sole and absolute discretion, substitute any reward for a reward which the Promoter determines to be of equal or approximately equal monetary value.
A Participant may only claim a reward if they have sufficient MSN points at the time of the claim.
While every effort will be made to process and deliver rewards within 28 business days of the redemption taking place, some delays may be experienced during holiday and peak consumer activity periods.
No buy in or part payment from Participants for rewards will be permitted.
Any dispute concerning rewards received under the Program will be settled between the Participant and the merchant and/or supplier that supplied the reward. The Promoter and its agents will take no responsibility for resolving such disputes or for the dispute itself.
The Promoter and its agents are not responsible for lost or stolen rewards, vouchers or tickets including during the course of delivery.
Rewards and redeemed rewards are not exchangeable for other rewards, refundable, replaceable or transferable for cash or credit under any circumstances. Redemptions cannot be cancelled or changed once they have been made.
If the Participant is unable or unwilling for any reason to redeem or otherwise accept a Reward, that Participant will not receive the reward and such reward will be deemed forfeited without recourse to the Promoter.
No cash payment will be given for any unused MSN Points.
The Promoter will have the final decision should any disputes over MSN points, reward redemptions and awarding arise.
Participants of this program can claim rewards by logging onto the https://jandsrewards.com.au and navigating to the rewards redemption area at any time during the duration of the Program however all rewards must be redeemed within one (1) month of the conclusion of the Program.
The Promotor Visa Gift card is bound to Visa’s specific terms and conditions and all participants should refer to Visa’s Cardholder Terms & Conditions when supplied with a card.

PRIVACY AND INFORMATION COLLECTION

A complete Privacy and Collection Statement can be viewed on the Program Website the first time Participants log in. This Statement sets out policies on management of Participants personal information. In accordance with the Privacy Act (Cth) 1988, Participants can access personal information about them held by the Promoter and its Agents and advise if they believe it is inaccurate, incomplete or out- of-date by contacting the Promoter.
By agreeing to these Terms and Conditions, Participants authorise the Promoter and its Agent to seek access to, collect and use information about them for the purposes of marketing, planning, development and administration of the Program.
By participating in Program and accepting the Terms and Conditions of the Program, the Participant acknowledges that the information they provide will be used for the purposes of administering the program, and that it may be used by the Promoter for future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the participant. All personal details of the participant will be stored at the by the Promoter in their server and in the cloud. If a participant does not wish information about them to be used for future promotional, marketing and publicity purposes, or if a participant seeks to access, update or correct this information, queries should be directed to jandsrewards@212F.com.au or on the program hotline 1800 518 204.

TAX LIABILITY

The Promoter does not accept any liability or responsibility for any Commonwealth Fringe Benefits Tax, State Payroll Tax or any other tax liability of any kind ('tax') which is or may be imposed in relation to rewards won under this promotion by a Participant employed by a Referrer.
Any tax liability in connection with prizes won, including, but not limited to, supplementary travel or benefits enjoyed by the Participant but not provided by this Program, will remain the responsibility of the Participant and not the Promoter.
It is the responsibility of the Participant and/or its respective dealerships and not the Promoter, to declare and pay any tax to the Australian Taxation Office. The Participant indemnifies and agrees to keep the Promoter indemnified from any liability for any tax and any interests, penalties or costs in connection with any tax or any breach by the Participant or respective Trade Customer with the terms of this clause.

DISCLAIMERS

The Promoter and its Agents:
- Make no express or implied warranty or representation in connection with the rewards (including with respect to type, quality, and standard of fitness for any purpose).
- Are not liable for any loss Participants suffer (including consequential loss) arising in connection with reward (including a failure to provide a reward, its loss, theft or destruction).
- Are not liable for any loss Participants suffer (including consequential loss) in connection with The Promoter or its Agents negligence or their breaching a term, warranty or condition in relation to the program.
- Where the Promoter and its Agents are liable for a breach of these Terms and Conditions, then their liability will exclude an indirect or consequential loss a Participant may suffer.
The Promoter and its Agents liability is limited to:
- Where the reward constitutes goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods.
- Where the reward constitutes a service, supplying the service again or payment of the cost of having the service supplied again.
- Rewards may only be returned if damaged during delivery or faulty. If a reward is covered by a manufacturer’s warranty and requires service, a Participant must contact the manufacturer named in the warranty information.
- The Promoter and its Agents failure to enforce a term of these terms and conditions does not mean a waiver of them.

changes to these term and conditions

Promoter may change these terms and conditions at any time without notice to the Participant. Participants agree that they are bound by any change effective immediately when they first register into the Program.

Changes may include, but are not limited to, the following:

The rewards available.
The way Participants earn MSN points.
The way Participants can redeem points.
The number of MSN Points required to obtain a reward.
The number of MSN Points awarded and Point conversion rates.
The way MSN points are accrued in each account and for the period of time MSN points can be redeemed.
Any promotion, events and trip details.
Cancellation of the Program.

GENERAL

Participants are solely responsible for any government tax, duty or other charge imposed by law in respect of the Program, the Participants participation in the Program, any MSN Points acquired or redeemed or any other transaction within the Program.

All questions or disputes regarding eligibility for the Program or the eligibility of MSN Points for accrual or redemption of rewards will be resolved by the Promoter at its sole discretion. Any such questions or disputes must be brought to the Promoters attention and resolved within 6 months of the date of the issue arising.

FINAL DECISION

In the event of a dispute of any kind regarding the Program or these terms and conditions, Promotor will be the sole and final arbitrator. Its decision will be final and no correspondence will be entered into

WAIVER

Waiver of any provision of, or right under, these terms and conditions:

must be in writing signed by the party entitled to the benefit of that provision or right; and
is effective only to the extent set out in any written waiver.

SEVERABILITY

Part or all of any provisions of these terms and conditions that are illegal or unenforceable may be severed from these terms and conditions and the remaining provisions of these terms and conditions continue in force.

ELIGIBLE PRODUCTS

Eligble Products and their MSA points award can be located here:

https://jandsrewards.com.au/about