PUREHMV.CA REWARDS PROGRAM
TERMS AND CONDITIONS
EFFECTIVE DATE: January 2013
The Purehmv.ca Rewards Program (Program) is a customer rewards program offered by HMV Canada Inc. (HMV Canada/us/our/we).
Enrollment and Membership
You must attend in person at an HMV Canada retail store (HMV Store,) apply to become a member (Member) and pay the current enrollment fee. If accepted, you will receive an account number and a Purehmv.ca rewards card (Card) so that you can collect points (Points) in your account (Account) to redeem for rewards (Rewards). Membership is limited to one (1) Account per Member. Membership is available only to individuals for personal purchases. Membership is not open to entities or corporate bodies, or individuals making purchases on behalf of entities or corporate bodies, and such membership is subject to revocation. Tier 2 Membership: When your enrollment is accepted you become a Tier 2 Member and you may redeem Points in your Account at any HMV Store for: (i) in-store discounts on purchases of eligible items, and (ii) HMV Canada gift cards. Tier 1 Membership: When you register your Card at Purehmv.ca and your registration is accepted, you will become Tier 1 Member. You will enjoy the same benefits as a Tier 2 Member but you will also be able to redeem your Points on Purehmv.ca for: (i) exclusive or limited availability items not readily available for sale, (ii) HMV Canada gift cards, and (iii) the opportunity to participate in draws exclusive to Tier 1 Members. Enrollment fees and annual renewal fees (collectively Membership Fees) are payable at any HMV Store. Your enrollment fee is due and payable when you apply to become a Member. Your annual renewal fee is payable at any time but is due one (1) year from the date on which your last Membership Fee was paid (Due Date). If you do not pay your annual renewal fee by your Due Date, you will not be able to earn any further Points above your current balance (although you will be able to redeem Points remaining in your Account). You may restore your ability to earn Points by paying your outstanding annual renewal fee; however, you must do so within one (1) year of your Due Date (Membership Termination Date) If you do not pay your outstanding annual renewal fee by your Membership Termination Date, your Account will be terminated on your Membership Termination Date and you will forfeit any remaining Points balance in your Account.
Your Card is the property of HMV Canada. It is valuable - treat it like cash. If your Card is lost or stolen, your Points may be redeemed without your knowledge or consent. We will not indemnify you for any losses if your Card is lost, stolen or used without your authorization. If your Card is lost, stolen or your security code (PIN), password or Card number issued has been compromised notify us immediately by contacting the Purehmv.ca Helpline.
To collect Points, you must make purchases of eligible items at HMV Stores or through your account at The Vault and other future partner sites. For HMV Store purchases, you must present your valid, original Card to the cashier at the time of purchase or, if you are a registered Tier 1 member, return to the store within 21 days with an original receipt and present your valid, original Card to the cashier. Receipts from prior to membership activation are not eligible for Collecting Points. For eligible The Vault purchases, you must link your purehmv account number through inmyvault.com in order to earn eligible Points. We may designate any item as eligible or non-eligible at any time in our sole discretion without notice.Points are currently awarded at the rate of one (1) Point for each ONE CENT ($0.01) spent by you on each purchase of an eligible item(s). Points are calculated based on the net pre-tax purchase price (less applicable discounts) of the item. We may offer special promotions offering additional Points (“Bonus Points”) on specified items. We may change the basis on which Points are awarded at any time. Points may not be earned on: purchases of HMV Canada gift cards, initial enrollment fees, annual renewal fees, pre-payments, deposits and purchases made before your enrollment. We may reverse any Points earned by you and terminate your Account if you use or permit your Card to be used to earn Points for items purchased by or on behalf of any entity or corporate body. Points totals shown on sales receipts or as recorded in our systems, will be deemed correct in the absence of conclusive evidence to the contrary. Questions with respect to your Account or any issues relating to the selection, availability or delivery of Rewards must be addressed to the Purehmv.ca Helpline within 90 days of the occurrence of the event.Points will be subject to forfeiture where eligible products are purchased for resale. We reserve the right to limit the number of Points earned on the purchase of (i) eligible products which are on offer or promotion or (ii) multiple copies or quantities of any eligible item.Points have no cash value, are not exchangeable for cash, and may not be transferred by you to any other person. On death, Points in your Account will be forfeited and your Account will be terminated. Points are indivisible and may not be divided or shared with your spouse or former spouse. We will reverse Points earned on a transaction when an eligible item is returned in accordance with our current Returns Policy. If item returned was originally purchased with, or in part with, a purehmv in-store discount point redemption, the purehmv discount point redemption value will be refunded through a HMV gift card, and points earned will be reversed from a member account for the full purchase price of the item including the in-store discount. For in-store returns, you must present your Card and the original cash register receipt. We may terminate your Account and forfeit any Points in your Account where we have reasonable grounds to believe that you are abusing the Program.
Tier 1 Members may redeem Points in-store at any HMV Store, or online at Purehmv.ca. Tier 2 Members may only redeem Points in-store at HMV Stores. GST, PST, HST and any applicable taxes will be calculated and payable by you on the full amount of the purchase price before any discount is applied. Points may not be redeemed until they have been added to your Account. To acquire a Reward you must redeem the number of Points specified by HMV Canada for that Reward. Rewards are subject to availability. Some Rewards may only be available to persons of legal age. Rewards selected through Purehmv.ca will delivered to the current shipping address listed on your Account. We reserve the right to cancel any delivery where we are unable to contact you within 30 days of the order date. Delivery to all areas in Canada is not guaranteed and does not include removal of packaging, installation or indoor delivery. You release us from and agree to indemnify us from any and all liabilities, losses and/or claims arising out of any loss or damage caused by your use of any Reward. We reserve the right to require proof of identity and/or age when you redeem Points or claim a Reward and we may require you (or your parent or legal guardian) to provide a signed waiver of your legal rights and your agreement to indemnify and hold harmless HMV Canada and its servants, agents, employees, suppliers, and affiliate companies worldwide.
Subject to any extension or renewal, the Program will terminate at 11:59 p.m. on December 31, 2014 (“Program Termination Date”) and you will have until March 31, 2015 to redeem any Points in your account. Effective as of April 1, 2015, any unredeemed Points remaining in your Account will expire. We reserve the right in our sole and absolute discretion to extend or renew the Program beyond the Program Termination Date, or to suspend or terminate the Program in whole or in part at any time prior to the Program Termination Date, by providing 90 days notice which notice will be posted on Purehmv.ca. Upon any suspension or termination of the Program for any reason whatsoever, we will have no further liability thereof to any Member and we shall be automatically released from any and all claims, losses, costs and/or liabilities which may be made by you arising from any suspension, termination, extension or renewal of the Program. We may terminate your Membership in the Program and forfeit any Points in your account, in our sole and absolute discretion, where (i) you abuse your privileges under the Program, or (ii) you fail to comply with the Terms and Conditions in effect from time to time.
We are not liable for any delay or failure caused by circumstances beyond our reasonable control.Any waiver by us shall not be deemed to be a waiver of any of our other rights or remedies. All disputes shall be resolved by HMV Canada in its sole and absolute discretion and shall be final and binding. These Terms and Conditions shall be governed by the laws of Ontario and Canada as applicable. You attorney to the non-exclusive jurisdiction of the Ontario courts and agree that any legal proceedings relating to these Terms and Conditions shall be commenced in the City of Toronto.