Stake Rewards Program Terms and Conditions
Last updated: June 1, 2019
1. ELIGIBILITY AND OVERVIEW
1.1 The Stake Return on RentTM Loyalty Program (the “Program”) is offered only at www.stake.rent, at the sole discretion of Stake Network Inc. (“Stake” or “we”). Your participation in the Program is subject to all present and future Stake terms and conditions, including the Stake Return on Rent Loyalty Program Terms and Conditions (these “Program Terms”). These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. Program Terms are void to the extent prohibited by law.
1.2 Membership in the Program is open to individuals who are legal residents of the United States who are at least 18 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older, for their personal use only, and is limited to one (1) account per individual. Corporations, associations, or other groups may not participate in the Program. Employees of Stake are not eligible to participate in the Program. Stake reserves the right at any time to limit the number of participants in the Program.
2.1 Eligible individuals may enroll in the Program by visiting www.stake.rent and following the prompts to join the Program thereby agreeing to the Program Terms. Only one (1) account may be associated with a single email address or telephone number. In the event of a dispute over ownership of an account, the Member will be deemed to be the authorized account holder of the email address submitted at the time he/she joined the Program. For purposes of these Program Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
2.2 You are required to provide your full name, mailing address, email address, social security number and date of birth to begin earning rewards. You are solely responsible for maintaining the accuracy and privacy of your account information and for updating it as required. To transfer Return on Rent, you must have a valid physical address and banking instructions linked to your account.
3. PARTICIPATION AND BENEFITS
3.1 The Program is a way in which we reward customers for renting apartments through Stake and/or taking other Program-related actions. These actions may require additional disclosures by you in order to qualify. You may earn Return on Rent, bonuses and other rewards (collectively the “Rewards”) for paying rent and/or taking other Program-related actions. Stake may also, at its sole discretion, provide additional Rewards in connection with certain transactions and promotions. Information regarding qualifying purchases and other actions will be posted in the program FAQ’S or may be communicated through other media (e.g., via direct mail, marketing communications, social media, etc.).
3.2 Rewards earned through the Program are non-negotiable and can only be redeemed, either in whole or in part, for cash according to the redemption value stated in the mobile application. All Rewards remain the possession of Stake until such time they are redeemed. A Member may only accumulate Rewards by paying rent in a qualifying apartment. If you do not make rent payments in accordance with the terms of your lease or obtain Rewards through fraudulent or other activity that violates these Program Terms, the activity will be automatically deducted from your Member account balance. Rewards do not constitute property of any Member or any other person and may not be brokered, bartered, pledged, gifted, sold, or otherwise transferred, other than by Stake or as otherwise expressly provided for in these Program Terms, and any receipt or use of Rewards in violation of these Program Terms will render such Rewards void. Neither Accounts nor Rewards may be shared or combined. Rewards earned may not be eligible for transfer or redemption until thirty (30) days after they are awarded. Rewards are not capable of being combined or transferred to any other type of promotion or award. After twenty-four (24) months of inactivity, the balance may be automatically redeemed, and the value paid to you by Stake. “Inactivity” is defined as a period in which a Member earns no Rewards, makes no qualifying rent payments, takes no qualifying actions, and makes no redemptions or transfers.
3.3 You may only redeem Rewards one (1) time per calendar month. Stake reserves the right to change how we evaluate each qualifying rent payment and/or action. We further reserve the right to place limits on the number of actions that are eligible for the Program and/or the number or types of Rewards you may receive or earn in a given time period or for the duration of the Program, and/or any combination thereof.
3.4 If you have concerns that a rent payment or other action was not properly applied to your Member account, you should contact Stake through at firstname.lastname@example.org or our website at www.stake.rent. You must specify your name, address, phone number, and email address associated with your account, the date of the action, and the issue(s) you encountered. This email must be sent within forty-five (45) days after the action took place.
3.5 You may redeem Rewards by signing into your account via the Stake mobile application. Rewards redeemed for cash must be transferred to the bank account specified upon opening the account. Rewards redemptions will be deducted from the total available in your Member account. Credits from multiple accounts may not be aggregated unless authorized by Stake. Taxes on Rewards may apply where required by law. You are solely responsible for any tax liability, including disclosure, related to your participation in the Program, including upon receipt of Points or redemption of Rewards.
4.1 By joining the Program, you consent to receive communication, including reward confirmations, from Stake electronically and agree that such electronic communication satisfies any legal requirements that such communications be in writing. You will be automatically subscribed to receive, and you consent to receive Program emails, including Program marketing emails, from us and/or our partners. Such emails include, but are not limited to, a Program welcome email, redemption confirmation email, an account update email, or other communications that relate to your membership.
4.2 You may opt-out of the Program at any time as set forth in Section 5.5 of these Program Terms; however, you may still receive emails relating to your Stake account.
5. TERMINATION AND MODIFICATION
5.1 Membership may be revoked by Stake, in its sole discretion, at any time. Any abuse of the Program; failure to follow Program Terms; misrepresentation; or conduct that may be detrimental to Stake or our interests may result in the revocation of your membership and make you ineligible for further participation in the Program. If, in our sole discretion, we suspect fraud, misrepresentation, abuse, or violation of these Program Terms, we also have the right to take appropriate legal action.
5.2 If Stake terminates the Program or your membership is revoked, any Rewards in your account or available to you prior to such termination or revocation will automatically be redeemed, and your access to the Program and its features will automatically terminate, in Stake’s sole discretion.
5.3 Qualifying payments and actions, as reflected in Stake’s records, shall be deemed correct, and Stake reserves the right to determine the qualification for any transaction.
5.4 If you decide you no longer want to be part of the Program, you may cancel your membership at any time by contacting Stake Customer Service. Your must specify your name, address, phone number, and email address associated with your account, and confirm that you wish to be removed from the Program. It may take up to seven (7) business days for your cancellation to complete.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1 Neither Stake nor its subsidiaries, affiliates, directors, employees, agents, partners, or licensors makes any representations or warranties of any kind whatsoever, express or implied, in connection with these Program Terms or any of the Rewards associated therewith, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose. We make no warranties that defects or errors will be corrected.
6.2 You agree that neither Stake nor its subsidiaries, affiliates, directors, employees, agents, partners, or licensors will be responsible for or liable (in contract, warranty, or in tort (including negligence)) for any (a) interruption of business; (b) access delays or access interruptions to the Program; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction, or other modification; (d) loss or damages of any sort incurred as a result of dealing with or the presence of any third-party links on the Program site or on www.stake.rent or use of any Reward of the Program; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Program site or www.stake.rent, including during hyperlink to or from third-party websites; (f) any inaccuracies or omissions in Program content; or (g) events beyond our reasonable control, including without limitation any act of God, act of war, natural disaster, cyberattacks, terrorism, or any act or omission of a third party.
6.3 You agree that neither Stake nor its parent company, subsidiaries, affiliates, directors, employees, agents, contractors, contractual partners, providers, or licensors shall be responsible to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other tangible losses (even if Stake had been advised of the possibility of such damages), related to the Program or your participation therein, whether in contract, warranty, or in tort (including negligence) even if Stake has been advised of the possibility of such damages, and in no event shall Stake’s maximum aggregate liability for such claims exceed one hundred dollars (US$100.00).
6.4 You further agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, your participation in the Program, use of any Rewards or these Program Terms may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the Program, termination of your membership is your sole remedy. We have no other obligation, liability or responsibility to you.
6.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. This Section 6 will survive termination of a Member’s participation in the Program.
7.1 You agree to defend, indemnify and hold harmless Stake, its affiliates, subsidiaries, directors, employees, agents, partners, contractors, contractual partners, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorneys’ fees) made by any third party due to or arising out of your participation in the Program in violation of any law, rule, regulation, guideline, or these Program Terms, and/or your violation of any rights of another.
8. CHOICE OF LAW AND DISPUTE RESOLUTION
8.1 The Program and these Program Terms are governed by laws of the State of New York, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within New York for any claims arising out of or relating to the Program or your participation therein or the Program site.
8.2 Any dispute, controversy, or claim related in any way to the Program, these Program Terms, your Program membership, or the relationship between Stake and you shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate Stake’s intellectual property rights, Stake may seek injunctive relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Program Terms shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
8.3 To the fullest extent permitted by applicable law, no dispute under these Program Terms shall be joined to a dispute involving any other party subject to these Program Terms, whether through class arbitration proceedings or otherwise. You agree that you may bring claims related to the Program, these Program Terms, your Program membership, or the relationship between Stake and you against us in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
10. CONTACT US
10.1 For more information about the Program and your Program membership, please contact us through our website at www.stake.rent. You may also find answers to your Program-related questions in our program FAQ’S. We are not responsible for requests or correspondence that is lost or delayed in the mail or via the Internet.
IF YOU DO NOT AGREE TO ALL OF THESE PROGRAM TERMS, PLEASE DO NOT PARTICIPATE IN THIS PROGRAM, OR TERMINATE YOUR MEMBERSHIP, AS APPLICABLE.