Tools of the Trade
Effective July 1, 2024, the loyalty program for Executive Outdoor Adventures, Inc. (hereinafter, the “Loyalty Program”). (collectively, the “Company”).
The Loyalty Program operates under the terms and conditions as set out below unless otherwise expressly stated (the “Program Rules”). The Program Rules hereby incorporate the additional Managed Associate Rules that shall apply to employees of the Company and to associates working at Company owned, leased, licensed and managed locations. The Managed Associate Rules do not apply to employees of Company franchisees, licensees and owners of Company managed properties, service providers, partners and affiliated partners.
The Program Rules govern the Company’s relationship with participants of the Loyalty Program (collectively, “Loyalty Program Participants,” and individually, a “Loyalty Program Participant,” “Participant,” or “you”), including how participants manage their accounts, book reservations for trips, concerts, sporting events, purchase products, earn and redeem Loyalty Program points (“Points”) with the Company (each “Affiliated Partner”), as well as with third party programs which have a business relationship with the Loyalty Program such as outfitters, hotels, rental properties, airlines and travel agents (“Partner Programs/Service Providers”).
The Program Rules incorporate the additional terms that apply to certain experiences or properties which participate in the Executive Outdoor Adventures loyalty program in a limited or unique capacity. Specific Loyalty Program benefits, amenities, offers, awards and services may not be available at or as part of such experiences or properties, even though the applicable experience or property is not explicitly identified as being excluded where the benefit, amenity, offer, award or service is described in these Program Rules.
By purchasing goods or services and entering code EOA at checkout or otherwise stating to or agreeing to use the benefit code EOA in completion of a purchase for goods or services to receive and redeem benefits of the Loyalty Program, including, without limitation, Loyalty Program Points, you agree that:
• you have read and accept these Program Rules
• you consent to the collection, use, and disclosure of your personal data by the Company, the Loyalty Program, Participating Affiliated Partners and Partner Programs, and their authorized third-party agents and licensees.
All Loyalty Program benefits, amenities, offers, awards and services are subject to availability and may be changed by the Company at any time without notice. The Company may terminate the Loyalty Program, in whole or in part, with six (6) months' advance notice to all active Loyalty Participants and with less than six months' notice in any jurisdiction if required to do so by applicable law. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Loyalty Participants. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Award claims will be honored after the conclusion of the notice period.
These Program Rules supersede all previous terms and conditions applicable to the company participantship program. Except as otherwise expressly prohibited or limited by applicable laws, Company may at any time amend, modify or supplement these Program Rules, the structure for earning and redeeming Awards (as defined below), with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Awards (collectively “Program Rule Changes”). “Awards” or “Rewards” means any and all awards earned by Participants in connection with the Loyalty Program, including without limitation Award Redemptions (as defined in Section 3.1). Loyalty Participants are responsible for remaining knowledgeable of the Program Rules and any Program Rule Changes. Your continued participation in the Loyalty Program will constitute your acceptance of any such Program Rule Changes.
1. JOIN THE LOYALTY PROGRAM
1.1 Eligibility
Participantship in the Loyalty Program is free and available to any individual who: (a) possesses the legal authority to agree to the Program Rules; (b) resides in a jurisdiction which legally permits participation in the Loyalty Program; (c) is not a resident of Crimea, Cuba, Donetsk People’s Republic, Iran, Luhansk People’s Republic, North Korea, and Syria; (d) provides valid and accurate personal information when enrolling in the Loyalty Program; (e) is not already a participant of an affiliate partners Loyalty Program (i.e., does not already have a Participantship Account); and (f) has not previously been terminated from the Loyalty Program by the Company.
1.1.a. Participants are responsible for reading and understanding the Loyalty Program Rules, Account statements, and other communications from the Company about the Loyalty Program in order to understand his/her rights, responsibilities, and status in the Loyalty Program. If a Partner has any questions about the Loyalty Program or these Program Rules, the Participant should contact the Company by phone or email.
1.1.b. Participants are responsible for reading the Company’s Privacy Statement in order to understand how the Company collects, uses, and discloses a Participant’s data. If a Participant has any questions about the Company’s Privacy Statement or its collection, use, or disclosure of a Participants data, the Participant should contact the Company directly
1.2 Participating Affiliated Partners, Brands and Service Providers
1.2.a. “Affiliated Partners” are a person(s) or collective group of organizations, businesses, brands, service providers that agree to collaborate with marketing efforts collectively.
1.2.b. “Service Providers” is a person(s), business or collective group of Ranches, Outfitters, Booking agents or otherwise provide a service under contract with the company.
1.3 Benefits of Participation
1.3 Participants gain access to exclusive offers and rewards available only through use of points earned and recognized as a valued customer when redeeming rewards for services, products or experiences.
1.4 Conditions of Participation
1.4.a. An individual may apply to enroll without purchase in the Loyalty Program by fully and accurately signing up on the Loyalty Program website, with an affiliated partner, or through another enrollment channel. The Company may deny a participant in the Loyalty Program to any person or business in its sole discretion and without written notice.
1.4.b. Individuals and Business are eligible for Loyalty Program participation, and each individual or Business may maintain only one account. All Loyalty Participation Accounts are individual Accounts and no joint or shared Accounts are permitted even if you reside within the same household. Loyalty Program benefits are non-transferable unless expressly stated otherwise.
1.4.c. Assignment of participant Account. After purchase and participation in Loyalty Program, a participation Account will be opened using the Participant email address, and/or other participant provided information from the Individual or Business.
1.4.d. Duplicate Accounts. Duplicate accounts may be deleted without notice.
1.4.e. Personal Profile. Information provided by a Participant will be maintained in a personal profile with the Loyalty Account. All information provided by a Participant in his/her personal profile must be valid and accurate and must be kept current.
i. A Participant may change his/her address by changing his/her information on the Account Profile on the Loyalty Program website or contact Support. In certain instances, address changes may require supporting legal documentation.
ii. Name changes to an Account must include supporting legal documentation, signature and date.
iii. Credit card information included in a Participants profile may be used by service providers to guarantee the participants additional charges, unless the participant provides a different credit card when the reservation is made, at check-in or at check-out. Participants agree to Credit Card information being used to cover additional cost for rewards not covered by points such as postage, licenses and/or shipping. A Participant may change his/her credit card authorization for future transactions by changing his/her information in the Account Profile on the Loyalty Program website or by contacting Support. A Participant must notify the Company if the authorized credit card is lost, stolen, invalidated or expired.
1.4.f. Use of Information Collected in Application. The information a Participant provides to the Company when completing the Loyalty Program purchase and/or enrollment and redeeming Points is processed in accordance with the Company’s Privacy Statement. Communication of relevant information is important to administering the Loyalty Program and providing each Participant with the opportunity to maximize the benefits of participating in the Loyalty program. The Loyalty Program will only disclose participant information to: the Company, person(s) authorized by the participant; affiliated partners, services providers, email service providers and mail houses that process mail for such entities; Authorized Licensees (as defined in the Company’s Privacy Statement); and marketing companies that provide services to the Company. Participant information will, in each case, only be disclosed for one or more of the following purposes: 1) in order to better service the Participant Account and the Participants preferences by keeping the Participant informed of Account status and activities through printed or electronic statements; 2) to assess a Participant’s entitlement to benefits; 3) to collect and process Participant charges incurred at the Company’s facilities; 4) to offer a Participant additional products and services; 5) to send periodic satisfaction or market research surveys; and/or 6) to offer a Participant products or services from select reputable companies with whom the Loyalty Program has a strategic relationship because the Loyalty Program believes their offerings will be of interest to the Participant. In choosing to become a Loyalty Program Participant, the Participant consents to receive all the types of information described above, but the Participant will be given the opportunity to define and modify mailing and other communication preferences.
1.5 Participantship Communications
1.5.a. New Participants will receive Executive Outdoor Adventures Loyalty Program communications.
1.5.b. All Loyalty Program communications will be sent to a Participant’s mailing address or email address currently provided in the Participant’s Account. Communications delivered to the address on file will be deemed to have been received one (1) business day after sending it if delivered to the Participant’s email address or five (5) business days after sending it if delivered to the mailing address provided. Participants must keep their email and mailing addresses current. Neither the Company nor the Loyalty Program shall have any responsibility for misdirected or lost mail or any consequences thereof.
1.5.c. Participants may receive regular Points balance reports by email, provided there has been a transaction on the Account since the last Points balance report and the Participant provided the Company with the appropriate permission to contact the Participant via email.
1.5.d. The Company may also send Participants promotions, offers and other communications from time to time, which may include, without limitation, items from third parties. The items from third parties are based on the information provided to the Company by a Participant and any additional data the Company may maintain. Participants may change personal details and communications preferences at any time in the Account Profile on the Loyalty Program website or by contacting Support; however, the Company may require a Participant to send supporting documentation prior to allowing certain changes (e.g., legal name changes).
1.5.e. Any time a Participant contacts Support, the Company may ask the Participant certain security questions to verify the Participant’s identity. Support may monitor or record telephone calls to improve quality of service.
1.5.f. A Participant can review his/her Points balance and transaction history and update personal details and preferences in the Account Profile on the Loyalty Program website. A Participantship Number and/or his/her user’s name and password are required to access the website.
1.6 Earning Points.
Participants may earn Points (the currency of the Loyalty Program), for eligible charges through Affiliated Partners in accordance with Section 2.
1.6.a. Points Program Rules. As set forth in Section 1.1.a., the accumulation of Points is subject to the Program Rules and terms and conditions. Each Loyalty Program Participant is responsible for reading the Program Rules, newsletters, and Account statements in order to understand his or her rights, responsibilities, and status in the Loyalty Program, as well as the structure for earning Awards.
1.6.b. Taxes. Points, earned through participating affiliated partners in the Loyalty Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Points, Awards is the sole responsibility of the Participant.
1.6.c. Conditions for Transferring Points and Miles. There are limited exceptions to the restriction on the transfer of a Participant’s Points to the accounts of friends or family, provided both Accounts are in good standing. See Sections 2.8 and 7.1.b.iii for more information.
i. Transferring Points to Accounts of Family or Friends. There is a limited exception to the restriction on the transfer of a Participant’s Points to the accounts of friends or family, provided both Accounts are in good standing. See Section 2.8 for more information.
ii. Death. In the event of a Participant’s death, the Company may, in its sole discretion, allow unredeemed Points from the deceased Participant’s Account to be transferred to a family participant or a friend who is an active Participant upon the Company’s receipt and review of all requested documentation and communications. Awards, hotel stays, Elite Participantship Status, Lifetime Participantship Status, and the related benefits, including, without limitation, will not transfer to the recipient of the Points.
iii. Divorce. In the event of a Participant’s adjudicated divorce settlement, the Company may, in its sole discretion, allow unredeemed Points to be transferred from one Participant’s Account to another Participant’s Account upon the Company’s receipt and review of all requested documentation and communications including, without limitation, legal documents directing such a transfer of Points. Awards, hotel stays, Elite Participantship Status, Lifetime Participantship Status, and the related benefits will not transfer to the recipient of the Points.
iv. Participants are prohibited from bartering or selling Points for cash or other consideration pursuant to Section 1.7.h.
v. Any Points which the Loyalty Program deems in its sole discretion to have been transferred in violation of the Loyalty Program Terms and Conditions may be confiscated.
1.6.d. Points Expiration Policy. Participants must remain active in the Loyalty Program to retain Points they accumulate. If a Participant Account is inactive for twenty-four (12) consecutive months, that Participant Account will forfeit all accumulated Points. Participants can remain active in the Loyalty Program and retain accumulated Points by earning Points, redeeming Points, or purchasing Points (as described in 2.9) in the Loyalty Program at least once every twelve (12) months, all subject to the exceptions described below. If a Participant does not maintain an active status for two (2) consecutive years, the Participant’s Account may be deactivated. Once Points are forfeited, the Points cannot be reinstated, but a Participant can earn new Points, unless that Participant’s Account has been deactivated.
i. Not all Points activities help maintain active status in the Loyalty Program. Examples of activities that do not count toward maintaining an active status in the Loyalty Program include, but are not limited to:
A. Gifting or transferring Points;
B. Receiving Points as a gift or transfer
ii. Awards redeemed by a Participant prior to Point forfeiture are still valid even though the Award may not yet have been fulfilled at the time of Point forfeiture. However, if those Awards are cancelled after the Points expiration date, those Points are still subject to forfeiture. For example, if a Participant redeems Points for an Award Redemption Stay that occurs after the Points expiration date, and then cancels the reservation prior to arrival without having completed any qualifying activity to extend the expiration date, those Points will expire.
1.7 Other Conditions of Enrollment
1.7.a. Cancelling or Suspending Participantship Accounts
i. Cancelling by Participant. A Participant may cancel his/her participantship in the Loyalty Program at any time by sending written notice of cancellation to Support. All unredeemed Points and Awards as well as achieved participant status and/or Lifetime Status, will be forfeited immediately and may not be reinstated or transferred.
ii. Cancelling or Suspending by the Company. The Company may cancel a Participant’s accumulated Points, suspend Loyalty Program benefits, suspend Participantship Status, suspend Lifetime Participantship Status (which will subsequently also remove protection against the forfeiture of Points should the participant become inactive as described in Section 1.6.d.), or cancel a Participant’s Account at any time with immediate effect and without written notice, for any reason and in the Company's sole discretion including, without limitation, if the Company believes the Participant has:
A. Acted in a manner inconsistent with applicable laws, regulations, ordinances;
B. Failed to pay any supplier, affiliated partner or other bill when due to the Company or to a supplier or affiliated partner or failed to fulfill a financial obligation.
C. Acted in an inappropriate, fraudulent, abusive or hostile manner;
D. Breached or violated any of these Program Rules, state and/or federal laws associated with a reward, activity or participation in an or at an event sanctioned by the company, affiliated partner or supplier.
E. Fraudulently claimed eligibility to earn benefits.
F. Engaged in any misconduct or wrongdoing in connection with the Loyalty Program including, without limitation, with respect to Points, Loyalty Program Participant benefits.
iii. Bankruptcy. Subject to applicable law, a Participant’s participantship in the Loyalty Program will terminate automatically upon the Participant filing for bankruptcy or otherwise being subject to a bankruptcy proceeding.
iv. Legal Action. Nothing contained in these Program Rules will limit the Company in the exercise of any legal or equitable rights or remedies.
1.7.b. Effect of Participantship Cancellation
i. The Loyalty Program, Points, Awards, and other related benefits and services are the sole property of the Company, and are not the property of Participants. On cancellation of participantship in the Loyalty Program for any reason, all unredeemed Points, Awards and other related benefits and services will be forfeited and a Participant will no longer be able to participate in the Loyalty Program. Points, Awards and other related benefits and services have no cash value and the Company will not compensate or pay cash for any forfeited or unused Points.
ii. If the Company cancels a Participant’s Account for any reason, the Participant may not reapply for participantship in the Loyalty Program except in very limited circumstances at Company’s sole discretion, and any unauthorized Account opened in the Participant’s name following cancellation, as well as Points, Awards and other related benefits and services earned in that Account will be forfeited upon discovery.
iii. If a Participant cancels his/her Account, or if a Participant Account becomes inactive as described in Section 1.6.d., the Participant may reapply for participantship in the Loyalty Program at a later date, but no Points, Awards and other related benefits and services previously forfeited or expired will be reinstated to the Participant Account and will not be reinstated.
1.7.c. Modification of Program. Except as otherwise expressly prohibited or limited by applicable laws, the Company has the right to change, limit, modify or cancel the Loyalty Program Rules and Awards, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Awards. Partner Programs similarly reserve the right to modify their own programs, which may impact your rights and expected benefits under the Loyalty Program. The Company and Partner Programs may, among other things: (i) increase or decrease the number of Points received for an Award; (ii) withdraw, limit, modify or cancel any Award; (iii) add blackout dates, limit rooms available for any Award at any supplier or provider or otherwise restrict the continued availability of Awards; (iv) change program benefits, travel partners, locations served by the Company or its travel partners, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Awards; (v) change or cancel its travel partner awards. In accumulating Points, Participants may not rely upon the continued availability of any Award.
1.7.d. Termination of Program. The Company may terminate the Loyalty Program with six (6) months' advance notice to all active Loyalty Participants. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Loyalty Participants. A Participant may not accumulate Points or claim Awards, Loyalty Program benefits or amenities after the termination of the Loyalty Program. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Award claims will be honored after the conclusion of the notice period. The Company may terminate any of the Loyalty Program in whole or in part, in any jurisdiction on less than six months' notice if required to do so by applicable law.
1.7.e. Benefits Subject to Availability and Modification. All Loyalty Program benefits, amenities, offers, Awards and services are subject to availability and may be changed at any time without notice.
1.7.f. Eligibility to Receive Benefits. By accepting any Loyalty Program benefits, amenities, offers, awards or services, including, without limitation, any Points or Awards, a Participant acknowledges that he/she is responsible for determining whether he/she is eligible to receive, and that he/she is eligible to receive, such Loyalty Program benefits, amenities, offers, awards or services (including, without limitation, Points and Awards) under applicable laws, gift policies and incentive policies. Each Participant must immediately notify the Company if he/she is not eligible to receive any Loyalty Program benefits, amenities, offers, awards or services at any time.
1.7.g. Eligibility Notification. A Participant must promptly notify the Company in the event that (i) he/she is not eligible for any reason, including, without limitation, pursuant to any applicable laws, gift policies or incentive policies, to earn Points, Awards, or any other benefits that a Participant may earn under the Loyalty Program, or (ii) his/her Participant Account has been credited with any Points, or any other benefit that a Participant may earn under the Loyalty Program that he/she has not earned or is not eligible to earn.
1.7.h. No Sale or Transfer. Except as expressly permitted in the Program Rules, Points, Awards, and other Participant benefits may not be sold, bartered or transferred (other than by the Company or its agents). Any attempted transfer, sale or barter will be void and will be confiscated. The Company and its partners may refuse to honor or recognize any Points, Awards, or Participant benefits which the Company believes may have been transferred, sold or bartered.
2. EARN POINTS
2.1 Earning Opportunities at Participating Properties
2.1.a. A Participant will earn:
i. Five (5) base Points for each U.S. dollar, or the currency equivalent, that is incurred and paid for by the Participant on Qualifying Charges in accordance with Section 2.1.b, where a Participant will earn one hundred (100) base Points for each referral that participates and each new participant will earn fifty (50) base points for signing up.
2.1.b. Qualifying Charges. “Qualifying Charges” are:
i. Charges incurred when purchasing a product and/or service from an Affiliated Partner.
• (excluding alcoholic beverages were prohibited by law)
iii. Charges incurred by the Participant,
• Participants may earn five (5) base Points for each U.S. dollar, or currency equivalent, for qualifying spend with service providers on the total bill after applicable discounts have been applied and less any exclusions (as described below);
• Depending on the Participating Service Provider, Participants must provide their Participantship Account Number and/or identifying information at the time of payment at the Participating Service Provider or must have a payment card that is linked to their Participantship Account Number.
• In some markets, if a payment card is linked to multiple Participantship Accounts, only the most recently linked Participantship Account will earn points.
• Charges that do not qualify for earning Points at Participating Service Providers include, without limitation: (A) alcoholic beverages where prohibited by law; (B) charges in connection with a banquet, meeting or other function that is excluded from Qualifying Charges shall be at the discretion of the service provider. (C) charges from Participating Service Providers managed or operated by a third party may not be eligible for earning Points; and (D) charges incurred at outlets, properties or other service providers (contractors) that are not located within the Participating Property. Select charges may also be excluded from earn as determined by the Company or Participating Service Provider.
• Participants may be required to provide their Participantship Account Number or other identifying information and show a valid form of picture identification to match their Participantship Account name.
• It may take up to 10 days but no more than 30 days after each transaction at a Participating Outlet for Points to be posted to the Participant’s Account. A Participant may contact Participant Support, if after 10 days, such Points have not been posted to their Account.
• The list of Participating Service Providers and Participating Affiliated Partners may change at any time, with or without notice.
• Additional offers may be available to Participants at Participating Service Providers, subject to terms and conditions of the offer and the Loyalty Program Rules.
2.1.c. Non-Qualifying Charges. Charges which do not qualify for Points include any complimentary services, Award Redemptions (including any cash portion of an Award Redemption), or any other fees or charges including, without limitation: (A) charges for banquets, meetings or other functions, with the exception of Points earned in connection with a Qualifying Event Agreement, other fees paid including, without limitation, parking, business center, unaffiliated retail stores, and other third-party services; (C) related taxes, service charges, gratuities, fees (e.g. late cancellation fee or no-show fees for not checking in for guaranteed reservations even if the reservations were paid in full), mandatory or automatic charges (e.g., Service Provider Charges) and other applicable charges, including certain other taxes and fees that are not part of a qualifying all-inclusive package; in certain limited cases, taxes, service charges, gratuities, and/or fees related to other incidentals charged to the participant and or their guest, as well as taxes, service charges and gratuities that are part of a qualifying all-inclusive rate, may be eligible for Points.
2.1.d. Qualifying Stay. A “Stay" or “Qualifying Stay” or “Experience” means all consecutive nights a Participant registers for, and personally pays and stays at any Participating Service Provider, for which (i) it is billed to the Participant, or (ii) the guest and/or the lodging is directly billed to the business and/or participant who has arranged payment for the Participant’s stay that is not associated with a convention or group meeting.
i. A “Stay” is a stay of one or more consecutive nights at the same Participating Service Provider regardless of check-in and check-out activity by a Participant who: (A) provides their Participantship Number or other identifying information at the time of reservation or at check-in; (B) pays a Qualifying Rate or applies an Award Redemption for the stay; and (C) stays in one of the reserved guest rooms or equivalent overnight accommodations. A Participant may only earn Points for up to three (3) guests with the same check-in and check-out dates if they stay in one of the reserved guest rooms and pay a Qualifying Rate or apply an Award Redemption for all of the guest rooms.
ii. A “Qualifying Stay” is a credit pursuant to these Program Rules. Participants will only earn credit for each Qualifying Night (i) which is part of a Stay at a Qualifying Rate for the guest room the Participant personally pays for and stays in, and not for any additional guest rooms, or (ii) for the guest room direct billed to the business or participant who has arranged payment for the Participant’s stay that is not associated with a convention or group meeting.
iii. As described in Section 1.4.b., all Accounts are for individual participantship only and no joint or shared Accounts are permitted. Therefore, Participants cannot earn Points, at more than one Participating Service Provider for the same date(s).
iv. Only one Participant in the party can earn Points as well as receive benefits. If there is more than one Participant in the party, the Participants must decide upon check-in whose Participantship account will be applied provided it is the same Participant who will be paying the bill.
v. An “Experience” means activities such as helicopter hog hunting, hunting of all types, sporting events, concerts and/or fishing charters without lodging a Participant registers for, and personally pays and attends with Participating Service Provider, for which (i) it is billed to the Participant, or (ii) the guest and/or the Experience is directly billed to the business and/or participant who has arranged payment for the Participant’s Experience that is not associated with a convention or group meeting.
2.1.e. Qualifying Rates. A “Qualifying Rate” is the rate a Participant pays for a Stay or experience at a Participating Service Provider which qualifies to earn Points. Qualifying Rates include business events, hunts, fishing, concerts venues that may or may not provide lodging and other such rates found on the Company’s website without an application of a discount code, standard and premium retail rates, advanced purchase rates, corporate negotiated rates, and national/regional/local government rates. Unless otherwise specifically stated, Participants will receive their participantship benefits during stays on Qualifying Rates.
2.1.f. Non-Qualifying Rates. A “Non-Qualifying Rate” is a rate a Participant pays for a Stay or Experience at a Participating Service Provider or Affiliate Partner which does not qualify to earn Points, as well as participantship benefits. Non-Qualifying Rates are those booked using the following methods:
i. The event, hunt, fishing, concert or otherwise was booked through a tour operator, online travel channel or other third-party including, without limitation, expedia.com, hotwire.com, priceline.com, orbitz.com, booking.com, travelocity.com; findahunt.com, tripsfortrade.com or
ii. It was booked at a group rate as part of an event, meeting, conference or organized tour, and the Participant does not directly pay the Participating Property for services; or
iii. It was booked at a tour operator, wholesaler, or crew room rate or package including, without limitation, organized tours or package bookings; or
iv. It was complimentary; or
v. A voucher or third-party award was redeemed for the event/service.
2.1.g. Points will not be given, or Awards honored, at any subsidiary or affiliate of the Company other than at Participating Service Providers, unless otherwise advertised. If a Service Provider or other Contractor of a Service Provider ceases to be a Participating Service Provider, all stays subsequent to such date will not be eligible to earn Points regardless of when the reservation was made.
2.2 Earn One Currency.
A Participant may earn only one currency - Points.
2.3 Individual Earning for Qualified Services/Products, Goods and Services.
2.3.a. No other person except the Participant may earn Points on Qualifying Charges. Points for a shared event of service by two Loyalty Program Participants will only be awarded to one Loyalty Program Participant
2.3.b. Point accrual is limited to the individual and must be paid for individually by the Participant or direct billed to the business who has arranged payment for the Participant’s stay that is not associated with a convention or group meeting.
2.3.c. If the Participant attends a convention or group meeting and individually pays the service provider directly for the event, he/she will be eligible to receive Points for the event, hunt, fishing trip or otherwise. However, contract events, reserved by corporations on an ongoing basis, and master-billed events are not eligible to earn Points.
2.4 Foreign Exchange.
The number of Points earned at Participating Service Provider where a non-U.S. dollar currency is used will be calculated based on Qualifying Charges converted to U.S. dollar at the exchange rate selected by the Company. This may be the foreign exchange rate used by a Participating Property at check-in, at check-out or another rate selected by the Company and may not be the same rate used for currency conversions on the Participant's folio.
2.5 Earning through Affiliated Partners/Service Providers.
Points earned in connection with the Affiliated Partner are subject to these Loyalty Program Rules along with any applicable terms and conditions of the affiliated partner.
2.5.a. A Participant makes a Qualified Purchase to earn points when a Participant patronizes a recognized Affiliated Partner, and purchases goods and/or services. Points will automatically be posted to the Participant’s Loyalty Program Account. In most cases, Points will be posted to a Participant’s Loyalty Program Account within two (2) weeks. Once Points are ordered to a Loyalty Program Account, changes, reissuance, re-credit or refunds are not allowed. The terms and conditions of the Points Program control the use of Points. The Loyalty Program reserves the right to terminate or change the Points conversion program policies, procedures, conditions of participation, benefits, awards, and special offers, in whole or in part, at any time, with or without notice.
3. REDEEM POINTS
3.1 Award Redemption in General.
A Participant may redeem full or partial Points to obtain various products and/or services, (each an “Award Redemption”) including, without limitation, Stays at Participating Service Providers, experiences/activities, products and other services and merchandise. A full listing of current Award Redemption options is available on the Loyalty Program website.
3.1.a. Points and Award Redemptions may not be exchanged or redeemed by a Participant for cash, prizes or credit.
3.1.b. Points posted as the result of a transfer or earned from the use of credit cards may not be redeemable for certain Award Redemptions.
3.1.c. Unless otherwise noted, Award Redemptions are valid only for use by the Participant from whose Account the Award Redemption was processed and are not transferable.
3.1.d. Award Redemptions believed to have been bartered, sold, exchanged, or issued fraudulently, or issued to someone other than the eligible Participant, will be void and will not be honored.
3.2 Award Redemption Stays at Participating Service Providers.
Unless otherwise noted, a Participant may apply an Award Redemption for a Stay or experience at a participating service provider (“Award Redemption Stay”). General terms for Award Redemption Stay including the Award Redemption Stay types in Section 3.3 are covered below. Please note some Participating Brands/service providers have different Award Redemption policies.
3.2.a. Subject to Availability. The ability to use an Award Redemption for a Stay at a Participating Property is subject to availability at the time of reservation.
3.2.b. Award Redemption Reservation. When making a reservation for an Award Redemption with a service provider or experience, the required Points will be deducted and the Award Redemption attached to the reservation automatically, provided the Participant has sufficient Points for the entire experience or event as described in Section 3.3.c, as applicable. In the event the required Points fail to deduct during the booking process, and the Award Redemption does not attach to the reservation, the Participant should contact Participant Support to remediate the reservation. The Participant is responsible for ensuring the Participant has sufficient Points to cover the entire Award Redemption. In the event a Participant does not have sufficient Points to cover the entire Award Redemption, the reservation may be cancelled or changed at the discretion of the company.
3.2.c. Guarantee and Cancellation Policies. The standard guarantee and cancellation policies of a Participating Service Provider will apply to Award Redemption reservations including, without limitation, all minimum length or number of party requirements, credit card guarantee requirements and charges for late cancellation, no-shows, and early check-out.
A Point refund may be issued for a stay that is less than the number of days on the Award Redemption, but the Participant must inform the Participating Service Provider Management, Ranch Manager or Boat Captain in advance of the early check-out time in order for the Point refund to be issued to the Participant’s Account.
If a Participant fails to cancel a guaranteed Award Redemption Stay reservation within the permitted cancellation period, the Participating Service Provider will charge the applicable cancellation fee to the credit card provided by the Participant at the time the reservation was made and the Points that were redeemed will be forfeited.
3.2.d. Number of Points Required. The number of Points required per an Award Redemption varies by the Company, Participating Service Provider and/or Affiliated Partner, the length of stay, experience, event or goods may also vary by time of year. Points required per item, Package or otherwise are updated continuously and may change at any time. If the Participant makes a modification to the Award Redemption, the Participant is responsible for the changes to the Points required.
3.2.e. Award Redemption Inclusions & Exclusions. The Award Redemption includes the cost of lodging (with existing bedding), animal or fish, activity or otherwise at a Participating Service Provider, goods/products from Affiliated Partners. All other charges, including incidentals and other fees such as trophy fees, parking fees, food and/or alcohol are the responsibility of the Participant and are not included in the Award Redemption.
At the all-inclusive Service Providers, the Award Redemption Stay covers the cost of the all-inclusive package which includes, but is not limited to, the standard room (with existing bedding). Extra-person charges for the third, fourth, or more guests are an additional fee and are not included in the Award Redemption as form of payment. This fee as well as all other property charges are the responsibility of the Loyalty Program Participant and are not included in the Award Redemption. Loyalty Program Participants must inform any All-Inclusive Service Providers of the correct number of guests for each reservation at such All-Inclusive Service Provider, including any extra persons beyond the first and second guest, and the correct ages of any children for each such reservation. The Company reserves the right, at its discretion, to modify the room rate a Participant must pay for a reservation to reflect the correct guest count, including children, for such reservation.
3.2.f. Room Preferences Not Guaranteed. With an Award Redemption Stay, bedding, smoking, and other room preferences may be requested, but are not guaranteed.
3.2.g. No Points. Participants will not receive Points for the Award Redemption portion of their stay.
3.2.h. Exit of Participating Service Provider/Affiliated Partner. If a Participating Service Provider or Affiliated Partner exits the Loyalty Program for any reason after a Participant makes an Award Redemption, but before the Participant’s attendance or possession of goods, the Company will use reasonable efforts to have such former Participating Service Provider and/or Affiliated Partner honor the reservation or product; however, the Company cannot guarantee that any Awards, upgrades or any other benefits a Participant may earn under the Loyalty Program will be honored.
3.2.i. Award Redemption Outside United States. An Award Redemption with Service Providers outside the United States is subject to all required government approvals, restrictions, and applicable taxes. Awards do not include United States federal inspection fees or any other fees, expenses, surcharges, taxes or other costs or expenses that may be imposed by foreign governments for international travel. Participants are responsible for these government mandated taxes, fees, etc.
3.2.n. Limited Blackout Dates. The Company has a “Limited Blackout Dates” policy, which means that, subject to the limitations and exclusions below, Participating Service Providers have limited dates for Award Redemptions. These limitations and exclusions are:
i. Participating Service Providers may limit the number of guest and/or dates available for redemption on a limited number of days.
ii. Service Providers may limit the species of animal or fish to be taken, weapons and gear to be used.
iii. reserved space
3.3 Award Redemption Types.
3.3.a. Standard Redemption Award. Participants may redeem their Points for a “Standard Redemption Award” which covers the full cost of a product, good or service from an Affiliated Partner or Participating Service Provider.
3.3.b. Cash + Points Awards. With the “Cash + Points Award” Participants can apply a mix of cash and Points for one or more products, goods and/or services at a Participating Service Provider, the Company or Affiliated Partner when available. Participation in and availability of Cash + Points Awards are at the discretion of the Participating Service Provider, the Company and/or Affiliated Partner. The amount of cash and the amount of Points required for a Cash + Points Award are updated continuously and may change at any time. Pursuant to Section 3.2.e, if the Participant makes a modification to the Award Redemption, the Participant is responsible for changes to the cash and Points required. Participants will not earn Points on the cash portion of Cash + Points Awards. Participants are responsible for all applicable taxes and service charges associated with the cash portion of Cash + Points Awards. The Cash + Points Award structure is subject to modification, cancellation or limitation at any time without notice at the discretion of the Loyalty Program.
3.4 Instant Redemptions at Participating Service Providers/Affiliated Partners
Participants may use Points to redeem an “Instant Redemption Award,” which they may apply as a credit against an upgrade, product, goods or services or an addon (such as an additional animal, extra day fishing, merchandise) upon check-out. An Instant Redemption Award must be ordered at the Participating Service Provider, Company or Affiliated Partner during at the time of service to which it will be applied and cannot be booked in advance. When a Participant requests an Instant Redemption Award for a specific U.S. dollar amount or for “up to” a specific U.S. dollar amount, the Loyalty Program will deduct those Points from the Participant’s Account. For a listing of the Instant Redemption Awards required to redeem specific U.S. dollar values, please refer to the Loyalty Program website.
3.4.a. A request for an Instant Redemption Award may only be made by a Participant of the Loyalty Program who is in good standing. As proof of eligibility, a valid Participantship Number or valid identification is required when redeeming an Instant Redemption Award.
3.4.b. Instant Redemption Awards are valid only when used toward the expenses charged to a Participant’s experience, including, but not limited to additional game, fish, merchandise or incidental expenses. Instant Redemption Awards cannot be redeemed for cash or gift cards. Instant Redemption Awards are valid only for the individual participant, and are not applicable to group travel, package tours, meetings or conventions that have been charged to and/or paid by a third party. Instant Redemption Award credits may be used by the Participant only and may not be gifted.
3.4.c. The Participant requesting the Instant Redemption Award must have the total Points value required to purchase the Instant Redemption Award requested available in his or her Participantship Account at the time of ordering. Once accrued Points in the Participant’s Account have been redeemed for an Instant Redemption Award, the Points cannot be returned to the Participant’s Account. Any portion of the Instant Redemption Award not applied will be forfeited; if the amount requested for the Instant Redemption Award is more than the balance, cash will not be returned to the Participant.
3.4.d. Redeemed Instant Redemption Awards are not refundable, exchangeable, replaceable or transferable for cash or credit.
3.4.e. Not all Participating Service Providers, the Company or Affiliated Partners offer Instant Redemption Awards.
4.0 Earning
4.0.a. Earning Points. Excluding special promotions or incentives, a Participant will earn Five Points for every one U.S. dollar ($1.00) spent on actualized Qualifying Event charges, up to a maximum of 60,000 Points as the base earning per Qualifying Event. Including base Points, Corporate/Business (as set forth in 5.3.b. below), special promotions, and/or incentives, a Corporation or Business may earn up to a maximum of 200,000 Points per Qualifying Event.
4.1 Qualified Events
4.1.a. Qualifying Event Agreement. Any Loyalty Program Participant, individual, business or Corporation may enter into a contract agreement with a Participating Service Provider, the Company or Affiliated Partner (“Qualifying Event Agreement”).
4.2.b. Qualifying Event. A Qualifying Event is an event, meeting, retreat, experience to include goods and services that is booked by a Loyalty Program Participant who provides his/her Participantship Number or identifying information in the applicable Qualifying Event Agreement and is held with or terms agreed to by a Participating Service Provider, The Company or Affiliated Partner. A Qualifying Event will not include: (a) any service, experience, good or service that is booked or purchased in any manner other than under a Qualifying Event Agreement, (b) any service, experience or goods with minimum of ten (10) guest or twenty thousand US dollars (20,000) for product/merchandise. (bulk purchase agreement)
5.0 Qualifying Event Charges
Qualifying Event Charges. Qualifying Event Charges include but are not limited to game, fish, bulk seating, suits at events/concerts, special experiences, catered food that is ordered by the Participating Service Provider, The Company or Affiliated Partner and paid for on a master account.
5.1 All Loyalty Program Rules Apply
The number of Points to be awarded shall be determined in accordance with the Loyalty Program Rules in effect at the time of award.
5.2 Loyalty Program Participant Benefits and Exclusions
5.2.a Premium Access. Loyalty Program Participants may have exclusive access to products, goods and services not available for purchase other than by point redemption.
6. ADDITIONAL TERMS OF PARTICIPATION IN THE LOYALTY PROGRAM
6.1 Monitoring Participantship Accounts
The Company reserves the right to monitor the Accounts of all Participants, at any time and without notice, for compliance with Program Rules.
6.2 Adjustments
Missing Credit. A Participant may request credits for Points that are not reflected in a Participant’s Account through the Participant Account Activity page. All requests must be received within one (1) year of the applicable Qualifying Event and supported by documentation of the transaction to receive any credit.
6.4 Correction of Benefits
At any time and in the Company’s sole discretion (including, without limitation, where a Participant was not eligible to earn a specific benefit pursuant to these Program Rules), the Company may correct (i) the number of Points credited to a Participant’s Account, and (ii) any other benefit that has been credited to a Participant’s Account. The Company also reserves the right, in its sole discretion, to prevent, cancel, or reconcile any transaction where the Loyalty Program suspects there has been fraudulent activity connected with the transaction.
6.5 Exit of Participating Service provider/Affiliated Partner
If a Participating Service Provider or Affiliated Partner exits the Loyalty Program for any reason, a Participant will not earn Points (including, without limitation, any Points for Qualifying Stays pursuant to Section 2) and any Awards, other promotions and special offers will no longer be valid after the date on which the Participating Property exited the Loyalty Program, even if the reservation for a qualified event or experience at the former Participating Property was made prior to that date.
6.6 Taxes
Points, Awards, and other Participant benefits may be subject to income or other taxes. The Participant is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Participant earned Points. The Company will not be liable for any tax liability, duty or other charges in connection with the issuance of Points, Awards, and other Participant benefits.
6.7 No Warranties or Representations, Express or Implied
The Company makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program or by Participating Service Providers or Affiliated Partners.
6.8 Operation of the Loyalty Program
The Company collects payment from Affiliated Partners and Service Providers in return for Points to Participating Service Providers and Affiliated Partners who redeems Points for cash (including, without limitation, Points received from Participating Affiliated Partners and Service Providers). The Company promotes the Affiliated Partners and Service Providers and the Loyalty Program including, without limitation, by creating and launching marketing campaigns, developing and maintaining the Loyalty Program website and managing partner relationships.
6.9 Not Responsible for Acts, Errors, or Omissions
The Company is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Participant application, correspondence, redemption requests, Awards or Participant benefits; (b) theft or unauthorized redemption of Points or Awards or use of an Award; (c) any acts or omissions of third parties (including, without limitation, Participating Affiliated Partners and Service Providers); or (d) any errors published in relation to the Loyalty Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Properties, and Loyalty Program affiliates, and errors in the crediting or debiting of Points from Participant Accounts. The Company reserves the right to correct, without notice, any errors.
6.10 Interpretation of Loyalty Program Rules
All interpretations of these Loyalty Program Rules regarding participantship are at the Company’s sole discretion, and the Company’s decisions will be final. In the event of any discrepancy between the English version and any translated version of these Program Rules, the English language version will govern.
6.11 Trademarks
The Company and Participating Affiliated Partners and Service Providers are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Executive Outdoor Adventures, Inc., its affiliates, and the Participating Affiliated Partners and Service Providers. Participants shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.
6.12 Waiver
The Company’s waiver of any breach of these Loyalty Program Rules by any Participant will not constitute a waiver of any other prior or subsequent breach of these Program Rules. The Company’s failure to insist upon strict compliance with these Loyalty Program Rules by any Participant will not be deemed a waiver of any rights or remedies the Company may have against that or any other Participant. The Company may waive compliance with these Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Participants.
6.13 Limitation of Liability
IN NO EVENT WILL EXECUTIVE OUTDOOR ADVENTURES, INC., ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, ANY PARTICIPATING AFFILIATE PARTNER OR SERVICE PROVIDER, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THESE PROGRAM RULES, OR THE COMPANY’S OPERATION OF THE LOYALTY PROGRAM.
6.14 Choice of Law and Venue
Any disputes arising out of or related to the Loyalty Program or these Program Rules will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the State of Texas, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to the Loyalty Program or the Program Rules may be filed only in the state or federal courts located in the State of Texas, United States.
6.15 Subject to Law
Participantship in the Loyalty Program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Participantship in the Loyalty Program, Participant benefits, and Awards are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or Participant’s jurisdiction of residence. If any part of these Loyalty Program Rules is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Rules in such jurisdiction and the remaining provisions will remain in force, subject to Sections 1.7.c. and 1.7.d.
6.16 Entire Agreement
The Loyalty Program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and Participants relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Loyalty Program website.
