With Liv Smart Rewards (the “Program”), eligible Liv Cellular customers can Play, Save and Win. These Terms and Conditions govern your participation in the Program.
You can access the Program through your My Liv account. However, the Program is managed by Destination Rewards, Inc. (“Program Manager”). Destination Rewards, Inc. is not an affiliate of Liv Cellular. Destination Rewards, Inc. is responsible for Program content, the Program Website and platform, and for the goods, services and gift cards offered as part of the Program, except as limited by these Terms and Conditions.
See also below for specific information from the Program Manager regarding the sharing of your personal information.
I. PROGRAM OVERVIEW
- Program Eligibility. At Liv Cellular’ sole discretion, customers who meet the following eligibility conditions may be invited to enroll and participate in Liv Smart Rewards: (i) a resident of the United States (excluding the U.S. territories of Guam, Puerto Rico and the Virgin Islands) and (ii) a Liv Cellular postpay customer with an account in good standing (“Eligible Participants”). (Eligible Participants are referred to herein as “you.”) Certain Eligible Participants may also be required to enroll in Liv Selects in order to participate in the Program. Liv Selects personalizes marketing customers may receive from Liv and other companies by using information about customers’ use of Liv products and services including location, web browsing and app usage data. Only customers designated as Account Owners and Account Managers may access Liv Smart Rewards through My Liv.
- Program Description. The Program allows you to earn and redeem rewards (“Points”) in a variety of manners, subject to the terms and conditions herein. Points can be redeemed in many ways, including to bid on auctions, to enter sweepstakes, to print local coupon offers, and to save a designated amount off of the lowest retail price you will find for travel, merchandise and gift cards.
- By registering for the Program, accessing the Program website, and/or using your Points, you agree to be bound by all applicable terms and conditions, including the program terms for Liv Selects, where applicable.
- Important Program Terms:
- An online account (“Program Account”) will be set up to record your activity in the Program, including the amount of Points you have accumulated.
- The Program is available to you only while your account with Liv Cellular is in good standing. Should you terminate your Liv Cellular account or otherwise no longer be in good standing with Liv Cellular, your Program account is subject to immediate cancellation and you will no longer be able to use your accumulated Points.
- Your Points have no cash value and they may not be redeemed for cash, in whole or part. There is no cash surrender value for unused Points, and you have no property rights or other legal interests in Points.
- You may use your Points to enter sweepstakes, bid on auctions, print coupon offers and save on travel, merchandise and gift cards from participating merchants offered on the Program website. When used to save on travel, merchandise or gift cards, you may use only the designated amount of Points determined by the Program Manager to reduce your cost for the travel, merchandise or gift card offers you redeem. The balance of the purchase costs must be paid through a valid credit or debit card.
- Points may not be combined with or applied to other promotions or offers or special rate programs of any type. Purchases made through the Program may not qualify for credit in hotel or other loyalty programs.
- Items redeemed from the Program website may not be either resold or shipped to a third party who pays you a fee.
- Your Points are not a gift card, debit or credit card and they may not be assigned, transferred and/or pledged to any third party. Any sale or barter involving your Points will void them completely.
- All Program offers, including the identity of the participating merchants, are subject to availability and may change without notice.
- This offer is void where prohibited by applicable federal, state or local laws or regulations and are subject to change as may be necessary to comply with such laws or regulations.
- The Program Manager has the right to monitor all Program Account activity. If your Program Account shows signs of fraud, abuse or suspicious activity or any misuse of the Program or your Program Account, you may lose your accumulated Points, and, as a result of this activity, the Program Manager may close your Program Account immediately.
- The Program or any portion thereof may be revised or terminated at any time in the sole discretion of Liv Cellular. In the event of Program termination, you will be given a reasonable period of time to redeem any accumulated Points directly through the Program Manager. In that event, Program Manager will not offer, and points cannot be applied to, sweepstakes, auctions or daily deals. Further, in the event of Program termination, you will no longer continue to earn Points.
- These Terms and Conditions, as updated from time to time, are accessible on the Program website.
- It is important that you review the terms and conditions for specific good and service offered on the Program website. These terms are displayed when you “click” on a specific good or service on the website.
- The Program Manager will use or share your personal information only to facilitate your participation in the Program, such as providing your information to a hotel at which you made a reservation through the Program website.
II. EARNING POINTS
You will automatically receive Points every month that you maintain your Liv Cellular account in good standing.
III. USING POINTS
- You may only redeem your Points toward certain merchandise, travel and promotions available through the website if you are a customer in good standing. When redeeming for merchandise or travel, you may only use Points to pay for a portion of the total charges at each participating merchant. The entire remaining balance of charges for any goods and services, including any related taxes, shipping charges and/or applicable fees, from a participating merchant must be charged at the time of transaction to a major credit or debit card. Upon confirmation and full payment for your purchase through the website, the amount of Points you have used will be subtracted from your Program Account.
- Points may not be combined with or applied to other certificates, promotions or special offers, special rate programs, including, but not limited to: upgrades, tours/travel packages, group rates, internet rates, convention/company meeting rates, senior rates, companion rates, 3rd or 4th person rates, student or child rates, early bookings or value added price programs, repeat passenger or repeat guest programs, or industry discounts.
- All transactions after your initial purchase, including but not limited to revisions and cancellations, if allowed and subject to all fees, must be carried out through the website.
IV. PURCHASE TERMS AND RESTRICTIONS
- All terms and conditions, cancellation policies, hotel/condo or resort or other merchant participation are subject to change without notice. There are no refunds, exchanges, replacements or conversions for currency, credit or rewards for no-shows or unused amounts of Points. In some cases, there may be changes in circumstances that are beyond the control of Program Manager, and/or its affiliates. Accordingly, Program Manager and/or its affiliates reserve the right to substitute the components and suppliers of the offer should circumstances so require.
- Depending on the types of goods or services purchased through the program, certain limitations and restrictions may apply. Shipping times may vary based on actual product and orders may arrive in more than one package and at different times. Merchandise may only be shipped to destinations within the United States (excluding the U.S. territories of Guam, Puerto Rico and the U.S. Virgin Islands). Magazine subscriptions are only available in the 48 contiguous United States. Please allow up to twelve (12) weeks for magazine subscriptions to begin. Applicable sales or use taxes may apply and will be your responsibility.
- You may cancel an order for a non-travel related product purchased through the Program only by calling the Liv Smart Rewards Service Center. After that time, your order cannot be cancelled or changed, and is completely non-refundable. To return any damaged or defective products for replacement, you must return the item in its original packaging within 30 days of receipt of the product.
- If you have conducted any fraudulent activity, the Program Manager reserves the right to take any necessary legal action and may have grounds to confiscate any goods or services purchased as a result of such activity. In addition, you may be liable for monetary losses to the Program Manager, including litigation costs and damages, and you will not be allowed to participate in the Program in the future. If your Program Account does not represent the correct amount of Points that you should have been awarded as determined by the Program Manager, the Program Manager reserves the right to adjust your Points balance. If you have been given Points in error or if you believe your Program Account has been the subject of any suspicious activity, please contact the Liv Smart Rewards Service Center immediately. If it is determined you have been the victim of a fraud, the amount of Points you have received will be transferred into a new Program Account.
V. GIFT CARDS & CERTIFICATES
- Gift cards/certificates are subject to the terms and conditions set by the merchants who issue the gift cards/certificates. The terms and conditions are provided to us by those merchants and are entirely within the merchants’ control. Expiration policies and non-usage fees may apply and such will be identified on the product description page; however, expiration will occur no earlier than 12 months from the date of purchase (although most gift cards do not expire). For further details, please review the information on the page featuring the gift card/certificate you wish to purchase.
- Gift cards/certificates may not be cancelled or returned. Gift cards/certificates should be treated like cash; no refunds or replacements will be provided for lost or stolen gift cards/certificates.
VI. DAILY DEALS/DAILY CATEGORY SPECIALS
Daily Deals and Daily Category Specials are limited time and specially priced offers with limited quantities. Daily Deals and Daily Category Specials are available for up to 24 hours while allocated supplies last. These special deals typically change daily. They are available only online through the website and they may not be reserved. Daily Deals and Daily Category Specials quantities are limited, subject to availability, and offered on a first-come, first-serve basis with no “rain checks.” Limit one Daily Deal item and one Daily Category Special item per person and Program Account per day. Please note that you must complete your purchase (and not just have the Daily Deal or Daily Category Special item in your shopping cart) before the item is sold out in order to take advantage of the Daily Deal or Daily Category Special offer. The items offered through Daily Deals and Daily Category Specials are subject to the other terms, conditions, and cancellation and return policies described in these Terms and Conditions.
- Points may be used toward hotel/condo and other travel reservations. The amount of points you may use is set by the Program Manager and is dependent on factors including, but not limited to, the location, length of stay and desired travel dates. Points are applied to the most competitive, unrestricted published prices offered directly from participating hotel/condos, resorts, and cruise lines. Points are applied at the time of transaction for instant savings at the point of purchase.
- In general, when a transaction includes travel, one of the travelers must be at least 18 years of age and must have a major credit card in his/her name at the time of check-in to cover any incidental charges incurred during the stay. The actual minimum age requirement is always determined by the travel supplier and may vary. It is the sole responsibility of the traveler to verify minimum age requirements.
- It is your responsibility to review and verify the accuracy of all documents and correspondence with regard to names, dates, and room and/or cabin category. You will be responsible for any errors or omissions not brought to the attention of Program Manager within 24 hours of receipt of travel documents or email confirmation.
- It is the sole responsibility of the traveler to determine and obtain all necessary documentation required for travel. Travelers are responsible for knowing what legal documents are needed to enter different countries.
- All reservations are based on availability and are limited to what is available for booking on the Program website at the time of transaction. Terms and conditions for your travel reservation will be displayed on the website.
- Transportation to/from the hotel/condo, cruise, airport, or resort, if required, is not included. Prices displayed on the Program website do NOT include, merely by way of example and without limitation, any applicable hotel/condo service or resort fees, charges for optional incidentals (such as mini-bar snacks or telephone calls), parking, fuel or energy surcharges or regulatory surcharges. The supplier will assess these fees, charges and surcharges either at check-in or upon checkout.
- Tax Recovery Charge: Taxes charged for travel reservations are a recovery of applicable transaction taxes (e.g., sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Program Manager pays to the vendors (e.g., hotels/condos, etc.) in connection with the purchase, and any sum collected for Taxes and Other Fees beyond that amount will be retained by Program Manager to offset costs associated with providing the reservation or other service.
- Hotel/Condo cancellation and refund policies along with cancellation fees, if applicable, vary by travel supplier and will be disclosed at the time of booking.
- For hotel/condo and resort reservations the traveler must present a copy of the Hotel/Condo Confirmation Check-In Voucher at check-in. The traveler may be denied check-in without this document. If you need additional copies of the confirmation before traveling please visit the My Account section on the Program website where you may view and print pending confirmations.
- If your purchase consists of a hotel stay and a supplemental activity/activities and you need to change any part of the booking, you must cancel the entire order. A refund will be processed dependent on the corresponding cancel policy seen below. At that time please resume your search and rebook your stay accordingly. No part of a purchase consisting of a hotel stay and an activity or activities can be refunded individually.
Cruise offers cannot be combined with any cruise line credits, coupons, discounts or offers, including low fare guarantees. Points will be forfeited and no refunds or credits will be honored if any other offers are applied to this booking. Cruise cancellation and refund policies along with cancellation fees, if applicable, vary by travel supplier. For an overview of information for respective cruise line cancellation policies, please click on the More Info option on the cruise page. It is the sole responsibility of the passenger to be familiar with the penalties assessed for cancellation. If you make partial payment only, it is your sole responsibility to make the final payment in a timely fashion or be subject to penalties and/or cancellation. Cancellation charges subject to change without notice. Due to the nature of this program, these Terms and Conditions supersede any information obtained by contacting the cruise line directly.
VIII. PROGRAM MANAGER’S LOWEST PRICE GUARANTEE
If you have purchased merchandise, gift cards, travel or activities through the Liv Smart Rewards website, you are protected by the Program Manager’s Lowest Price Guarantee. The Program Manager guarantees that the Retail Price, before your Points are applied, is as low as any authorized price you find online.
IX. LOCAL OFFERS
- Local Offers are coupons for 2-for-1 meals and other dining offers as well as entertainment and shopping offers that can be redeemed for your Points. Local Offers are non-transferable. The barter, trade, sale, photocopying, alteration, purchase, or transfer of these offers by any person or entity is strictly prohibited. These offers are intended for the non-profit use of the individual registered for the Program. Any use of an offer in violation of these Terms and Conditions will render the offer VOID. Offers may not be reproduced and are void where prohibited, taxed, or restricted by law. The Program Manager will not be responsible if any establishment breaches its contract or refuses to accept an offer; however, Program Manager will attempt to secure merchant compliance to the best of Program Manager’s ability.
- See the specific Local Offer for terms and conditions set by the merchant that will apply to any redemption. Local Offers may not be combined with any other discount of any type.
- There are no refunds, exchanges, replacements or conversions for redemptions.
You choose to participate in Liv Smart Rewards auctions at your sole discretion and risk. The auctions component of the Program may be terminated at any time without notice. Auctions are subject to the terms and conditions set forth below.
Eligibility: You must have an active Liv Smarts Rewards account in good standing to be eligible to participate in or win any auctions through the Program. Eligible participants (“Bidders”) must be resident in the United States. By placing a bid on an auction herein, Bidder declares that Bidder is legally capable of entering into a valid and binding contract and that Bidder is not a commercial reseller. Program Manager reserves the right to reject bids from, or exclude, anyone who violates any of the terms and conditions of the Program including these auctions or who engages in any abusive activity or unauthorized usage with respect to these auctions or the Program. Examples of such unauthorized usage include without limitation use of unauthorized third- party bidding or other software, interfering with other bids, or the providing of false, inaccurate or misleading data of any type.
Auction Rules: There are two types of auctions available to Bidders through this Program. The first type of auction involves Points only, and the winning Bidder will be the person with the highest bid at the time of the auction close in accordance with the terms and conditions set forth below. The second type of auction also involves bidding only in Points, but this type of auction requires the winning Bidder to pay a predetermined amount in U.S. Dollars upon winning the auction in addition to the Points used for the winning bid. The following terms and conditions apply to auctions.
- By participating in auctions on this site, Bidder agrees to abide by these terms and conditions. Bidder must reside in the United States.
- All general Program Terms and Conditions apply to Auctions.
- In order to make the auctions accessible to all Bidders, unless otherwise indicated, Bidder can only bid the next increment as shown for each auction item (“Auction Item”). Bidders will not be permitted to select their own bid amount. Program Manager shall determine the increments for bids in its sole discretion.
- By clicking on “Place Bid,” Bidder agrees that the Points required for that bid will be deducted from Bidder’s account. In the event that another person places a bid exceeding Bidder’s bid, the Points associated with Bidder’s unsuccessful bid will be returned to Bidder’s account. Program Manager will not be responsible for any delays in the return of Points to Bidder’s account.
- Bidder must have sufficient Points in Bidder’s account to place a successful bid. Once a bid is placed, Bidder cannot cancel the bid.
- For auctions that include Points and U.S. Dollars, there will not be a hold placed on Bidder’s credit card for the U.S. Dollars amount while bidding; Bidder must pay the U.S. Dollars amount (as described below) only after receiving notification of winning the auction.
- The auction page for active auctions will typically refresh on Bidder’s screen automatically or upon a new bid by Bidder.
- Auctions will end at the specified time except where indicated. For some auctions, called “auto- extend auctions,” a new high bid will extend an auction beyond the scheduled auction close date and time. Auto-extend auctions will end at the scheduled time if no bids have been placed within a predetermined amount of time (such as the final 10 seconds before the scheduled end time), in which case the timer will be reset to the predetermined amount of time and the auction will end whenever the predetermined amount of time has passed without a new bid. Program Manager shall determine the incremental time extensions for auctions, where applicable, in its sole discretion. The website will identify auto-extend auctions as well as the predetermined amount of time within which a bid will extend the end of the auction.
- The winning Bidder will be the Bidder who has an accepted bid of the largest amount of Points at the time the auction closes. The site may not indicate the final bid when the clock shows no time remaining, as there may be a slight delay relative to final bids placed before the auction closed can be displayed. The last bidder is determined according to the records in Program Manager’s database. Program Manager’s determination of the last bidder shall be final. All winning bids are subject to confirmation and final review by Program Manager.
- After an auction has ended, the winning Bidder must click on the “Claim Now” button. A winning Bidder may only claim one Auction Item at a time (so if Bidder wins more than one auction, Bidder must complete the checkout separately for each item won). Program Manager reserves the right to require documentation/authentication and/or an agreement before relinquishing the Auction Item.
- If the winning Bidder fails to claim the Auction Item within 30 days of the conclusion of the auction, Program Manager reserves the right to withdraw the offer to conclude a contract. If Program Manager withdraws the offer, the winner’s right to pay for and receive delivery of an item will be permanently revoked. In this instance, the winning Bidder’s final Points bid placed in that auction is non-refundable.
- Publicity. As a condition of participating in these auctions, Bidder agrees that Program Manager reserves the right to publish the name, region address and photograph of any winning Bidders. Such information may be used in a press release distributed to the media, or in television, radio, direct mail or internet advertisements. In addition, Program Manager reserves the right to publish on the website limited information regarding Bidders showing the leading Bidder and similar information.
- Program Manager reserves the right, at its sole discretion, to limit the number of auctions a user may participate in and win; provided, however, any such restriction shall always be disclosed prior to the commencement of an auction for which such participation is restricted.
- For auctions that include Points and U.S. Dollars, the winning bidder must pay the predetermined amount of U.S. Dollars at the time of checkout. Shipping and handling charges, if any, will be disclosed with the Auction Item prior to bidding. Sales tax may apply and will be identified at the time of checkout.
- Unless otherwise stated, delivery will be made directly from Program Manager’s suppliers or from its warehouse to the address provided by the user. Deliveries are made solely within the 50 United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Program Manager shall be entitled to engage third parties to fulfill the Auction Items without being required to notify the buyer. Obvious damage to the item or packaging during transport shall be reported to Program Manager by the winner upon taking delivery.
- Should Program Manager be unable to deliver the item ordered, Program Manager shall promptly notify Bidder if it can deliver a comparable substitute product that has the same or better features. Bidder shall then promptly notify Program Manager if Bidder wishes to receive this substitute or prefers to receive a refund of the winning bid amount.
- No exchanges or refunds are allowed for Auction Items. In the case of receipt of damaged or defective merchandise, Bidder should call Program Manager’s customer service Monday through Friday from 9:00am to 6:30pm Eastern Time and Saturday from 10:00am to 3:00pm Eastern Time immediately upon receipt of the Auction Item.
- Program Manager reserves the right in its sole discretion to disallow any bids at any time, including at the conclusion of an auction, if Program Manager suspects an improper bid or a violation of Program terms and conditions.
- Liv Cellular, Program Manager and their respective affiliates, officers, employees, contractors or agents shall not be responsible or liable in any way (a) any failure of any Auction Item, the auction site, the ability to bid on any Auction Item, or any computer system, internet or internet service provider in any way, (b) any system overload, service interruption, system disruption or delay or other technical issue, or (c) the failure to receive Bidder’s bid in a timely fashion due to any reason. Bidder’s sole and exclusive remedy with respect to any claim whatsoever with respect to an auction, participation in any auction and/or any Auction Item shall be a refund of the amount of Points used for the winning bid, if applicable.
- In consideration of Bidder’s being allowed to participate in auctions, Bidder agrees to release, indemnify and hold harmless Program Manager and its affiliates, officers, employees, contractors and agents with respect to any matters relating to or arising out of Bidder’s participation in the auctions.
- Program Manager is not responsible for any actions taken by individuals with access to Bidder’s account.
- Applicable local, state or federal sales, use, income or other taxes with respect to any Auction Items won by Bidder shall be the sole responsibility of Bidder.
- The auction platform is provided by the Program Manager on an “as is” basis. Program Manager disclaims any and all representations and warranties, express or implied, with respect to any information, services and commercial offerings, including without limitation any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and/or accuracy of information provided with respect to the auction platform. Program Manager shall not be responsible for any information incorrectly supplied or omitted or for typographical errors. Program Manager further disclaims any warranties that the auction platform will be free from computer viruses or without technical glitches, including without limitation any failure of performance, interruption, delay or defect.
- Program Manager and Liv Cellular do not warrant that the auction platform will be uninterrupted or error free, nor do they make any warranty with respect to the results obtained from participating in the use of the auction platform, or as to the accuracy, reliability or content of any information, service or offerings provided through the auction platform.
- Program Manager reserves the right to suspend or discontinue the eligibility of any Bidder whom Program Manager believes has participated in auctions in a manner inconsistent with these terms and conditions, has engaged in misuse or abuse with respect to auctions, or has violated any local, state, federal or international laws or regulations. Program Manager reserves the right to take additional actions as Program Manager deems appropriate.
- VOID OUTSIDE OF THE UNITED STATES AND WHERE PROHIBITED BY LAW. The terms and conditions set forth herein shall be governed by the laws of the State of Florida, without regard to its principles of conflict of laws. Bidder may be subject to the laws of the jurisdiction from which Bidder accesses the auction platform.
No purchase is necessary for participation in any sweepstakes. VOID WHERE PROHIBITED BY LAW.
XII. GENERAL LIMITATION OF LIABILITY
- The Program Manager and its agents, assignees and designees act only as order processors for the hotels/condos, resorts, cruise lines, and other participating merchants. Liv Cellular, the Program Manager, and their respective affiliates, agents, assignees, and designees do not assume any liability or responsibility for damage, expense, inconvenience, injury, accident, death or damage to any persons or property, whatsoever, with respect to any supplier or at any hotel/condo, resort, or on any ship or aircraft, or in transit to and from said venues. Nor will Liv Cellular, the Program Manager, or their respective affiliates, agents, assignees, and designees assume any liability or be responsible in any way for any damage, expense or inconvenience due to cancellations or delays due to weather or mechanical breakdowns, or arising from war, acts of God or acts of terrorism. You are responsible for any personal tax liability that may be related to the participation in the Program.
- Liv Cellular, the Program Manager, and their respective affiliates, agents, assignees, and designees shall have no liability whatsoever for purchases made in good faith by individuals who claim to have authority to act on your behalf.
- Liv Cellular, the Program Manager, and their respective affiliates shall not be liable for errors or omissions by their employees or agents in interpreting or in carrying out the terms of this Program.
- Liv Cellular, the Program Manager, and their respective affiliates, agents, assignees and designees shall have no liability whatsoever for any loss, damage, expense, non-performance, consequential or special damages, accident or injury incurred in the course of your purchase or any use of any good or service received through the Program or as a result of any defect in or failure of the Program or any component thereof. Liv Cellular, the Program Manager and their respective affiliates, agents, assignees, and designees make no guarantees, warranties or representations of any kind, expressed or implied, with respect to the goods or services offered by any supplier or merchant and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose.
- You release Liv Cellular, the Program Manager, and each of their affiliates, agents, assignees, designees and employees, from all liability regarding the purchase and use of any goods or services from participating merchants as part of the Program, including any goods that may be lost, stolen or destroyed. Merchants participating in the Program are in no way affiliated with or responsible for Program administration.
XIII. SELLER OF TRAVEL REGISTRATION
The Program Manager is a registered seller of travel in California, Florida, Hawaii, Iowa, Nevada and Washington under each state’s seller of travel regulations.
State Seller of Travel Registration Numbers for the Program Manager:
The Program Manager is not a participant in the Travel Consumer Restitution Fund. California law requires that certain sellers of travel have a trust account or bond. The Program Manager has a bond issued by Beach City Bonds in the amount of $5000).
Florida registration number: ST-35620
Hawaii registration number: TAR- 6545
Iowa registration number: 762
Nevada registration number: 2003-0378
NEVADA RECOVERY FUND FOR CONSUMERS DAMAGED BY SELLERS OF TRAVEL – You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this state for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and filing a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:
1850 East Sahara Avenue
Las Vegas, Nevada 89104
4600 Keitzke Lane
Building B, Suite 113
Reno, Nevada 89502