1. The DreamTrips Reward Program (the "Program") is operated by WorldVentures Marketing LLC (the "Company"). Program members (a "Member") will be rewarded with DreamTrips Points ("DT Points") which can be used as partial or complete payment towards purchasing Reward DreamTrips subject to these Terms and Conditions (the "Agreement").
2. Eligibility
Individuals who (1) are residents in the USA and (2) are enroll in one of the following membership programs are eligible to become Members: DreamTrips; DreamTrips Life ("DTL"); Luxury DreamTrips ("LuxDT"); and DreamTrips U ("DTU") (collectively "DT Travel Programs").
3. Enrollment in the Program
3.1. New DT Travel Program members must accept the Agreement, to enroll in the Program.
3.2. Existing DT Travel Program members will receive an invitation to join the Program and must accept the Agreement, to enroll in the Program.
4. Receiving DT Points for Enrolling in a DT Travel Program
4.1. Members will receive two hundred (200) DT Points when they enroll in, and make payment for, any of the following full price membership programs during the Initial Program Period:
4.1.1. DreamTrips
4.1.2. DTL
4.1.3. LuxDT
4.2. Members will receive one hundred (100) DT Points when they enroll in and make payment for DTU.
4.2.1. Members who upgrade a DTU membership to DTL will receive one hundred (100) additional DT Points but a Member may not at any time claim more than two hundred (200) DT Points in total received from enrollment and/or upgrade during the term of their membership or any other subsequently enrolled or re-enrolled DT Travel Programs Membership.
4.3. DT Points will not be awarded for enrolling in a DT Travel Program that is offered at a discount or offered as part of a promotion.
4.4. Points awarded on enrollment or upgrade may be referred to by Members and the Company as enrollment Points.
5. Earning DT Points
5.1. After enrollment you will earn one (1) DT Point for every dollar spent on paying a monthly fee for a DT Travel Program up to a maximum of 55 DT Points per month. No DT Points will be earned for any month in which the monthly fee is not paid in full for any reason including eligibility for, and participation in, WorldVentures promotions and discounts.
5.2. From time to time, the Company will offer Members the opportunity to accrue extra DT Points in connection with offers and marketing initiatives. Such offers will be subject to this Agreement and may be terminated by the Company at anytime without advance notice.
5.3. If a Member has a monthly fee refunded or a charge back occurs for any reason, the Company has the right to reduce the corresponding amount of DT Points in the Member's account.
6. DT Point Maturity
6.1. DT Points awarded on enrollment or on upgrade from DTU to DTL Membership may be used immediately but no earlier than February 1, 2013.
6.2. Unless specifically stated otherwise when awarded, all other DT Points including those awarded monthly accrue, but may only be used, after they have matured.
6.3. DT Points awarded monthly to DT Travel Program Members who enroll on or after February 1, 2013 mature after continuous membership of 12 months from their date of enrollment as a DT Travel Program Member e.g on the anniversary of their enrollment as a DT Travel Program Member.
6.4. DT Points awarded monthly to DT Travel Program Members enrolled prior to February 1, 2013 accrue monthly from January 1, 2013 and mature on the anniversary of their enrollment as a DT Travel Program Member.
6.5. After maturity, all Members, regardless of enrollment date, will have immediate access to all mature DT Points.
7. Using DT Points
7.1. DT Points can only be used to book Reward DreamTrips.
7.2. All Reward DreamTrips bookings are made subject to the terms and conditions of the DT Travel Programs and Rovia booking terms and conditions and availability.
7.3. DT Points cannot be used to book air travel or excursions.
7.4. The Company may set a maximum number of DT Points that may be used per Reward DreamTrip booking.
7.5. One (1) DT Point equals one (1) USD when paying for a Reward DreamTrip.
7.6. Members must be in good standing with their DT Travel Program in order to use DT Points.
7.7. Members can use DT Points to book a Reward DreamTrip that occurs after the DT Points expire, provided the DT Points have not expired at the time of booking.
7.8. Points awarded on upgrade from DTU to DTL Membership may be used immediately.
8. Expiration of DT Points
All DT Points expire 12 months after they mature, except for DT Points that are earned with enrollment or DTU upgrade which expire 12 months after they are earned.
9. Specific Rules for DT Points
9.1. DT Points are awarded to a membership ID and not to individuals.
9.2. DT Points may not be transferred, sold or gifted.
9.3. DT Points cannot be used before they mature.
9.4. DT Points accrued in any Program account do not constitute property of the Member and are not transferable by operation of law or otherwise to any person or entity and cannot be transferred to any other account. DT Points are subject to the same usage rules as the membership. E.g., a spouse of a Member entitled to use the membership can use the Points even if the member is not traveling.
9.5. Reward DreamTrips may be booked with a combination of mature DT Points and other real or virtual currencies accepted by the Company and or Rovia.
9.6. Like all DreamTrips, Reward DreamTrips booked using DT Points will be priced based on double occupancy.
9.7. Except where required by law or provided for in the Agreement, DT Points have no cash value.
9.8. All DT Points will expire immediately if the Company or the Member terminates their DT Travel Program membership or their membership becomes eligible to be terminated for any reason such as non-payment of monthly fees. In the event that their membership is eligible to be terminated but is not terminated and the Member requests reinstatement of their account the DT Points earned monthly up to the date of termination or eligibility to be terminated may, at the option of the Company, be reinstated; any maturity date shall then be extended by the number of days between termination (or eligibility) and reinstatement.
10. Reward DreamTrips
10.1. Reward DreamTrips are supplied by Rovia. If Rovia cancels a Reward DreamTrip, DT Points used to book the Reward DreamTrip will be refunded to the Member's account. Their expiration dates will be adjusted so the Member has as many days left to use them before they expire as they had when they booked the Reward DreamTrip.
10.2. If a Member cancels a Reward DreamTrip any refund of cash or Points shall be subject to Rovia's booking terms for the Reward DreamTrip booked.
10.3. All refunds for cancellations will be made in the same currency (real or virtual) as used to make the original booking. Where a refund is made of part of the price of the Reward DreamTrip and payment is made partially in DT Points and partially in other currencies then refund will be made in the same currencies reduced proportionately to the amount of the refund.
10.4. Availability of Reward DreamTrips will be advertised no more than six months prior to their departure dates. Payment plan options will not be offered for Reward DreamTrips.
11. Tracking DT Points
11.1. DT Points are tracked in a DT Points account as they accrue and mature, and Members will have access to an on-line view of their account status and DT Points totals.
11.2. Members are responsible for ensuring that their DT Points are properly credited. If a Member believes that DT Points have been earned but not properly credited, the Member may be required to submit documentation or other proof satisfactory to the Company. Any claim for uncredited DT Points must be received by the Company within 12 months after the DT Points were earned.
12. Participation
12.1. Company reserves the right at any time to limit Program enrollment.
12.2. Company may discontinue a Member's membership of the Program and void or cancel the Member's entire DT Points balance if (i) any DT Points in the Member's account are issued, received, or redeemed through fraud or theft, or otherwise illegally, or not as authorized in the Agreement or (ii) if the Member cancels their DT Travel Program Membership.
13. Limitation of Liability
NEITHER THE COMPANY, ITS AFFILIATES NOR ITS PARTNERS NOR ANY OF COMPANY OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, TRAVEL CANCELLATION, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF OR DAMAGE TO REVENUE, PROFITS, SAVINGS, GOODWILL OR DATA) (COLLECTIVELY, "LOSSES AND DAMAGES"), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS OF AGREEMENT; (II) THE PROGRAM; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM; OR (VI) THE PURCHASE, REDEMPTION FOR OR USE OF ANY DT POINTS.
FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE COMPANY OR ITS AFFILIATES OR THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES AND DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
14. No Warranty
THE PROGRAM AND DT POINTS ARE PROVIDED "AS-IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE DT POINTS.
15. The Program May be Suspended, Changed or Terminated
15.1. The Company reserves the right, at its sole discretion, to suspend, change or terminate the Program, in whole or in part; to modify, limit or suspend the use of or redemption of DT Points in any respect; to modify or change redemption procedures; to modify, limit or suspend the collection of DT Points. The Company may make these changes even though the changes may affect the value of DT Points already accumulated at any time and from time to time.
15.2. The Program will start on February 1 2013 at 12.01am CST; the Program will end on June 30 2013, 12.01am CST ("the Initial Program Period"). Monthly DT Points will be credited as accruing with effect from January 1, 2013. The Company may at its option extend the Initial Program Period.
15.3. Should the Company elect to terminate the Program, all DT Points which have accrued up to the date the Program is terminated will remain valid and will mature as scheduled until December 31, 2013. All existing Members as of February 1, 2013 and all new Members enrolled during the Initial Program Period will accrue monthly DT Points until December 31, 2013.
15.4. Members should not rely upon the continued availability of the Program, or any earning or redemption offers, or other offers made in connection with the Program. All offers are available while supplies last and are subject to change and/or revocation without notice.
16. General
16.1. The Company's failure to enforce a particular term or requirement does not constitute a waiver of that term or requirement by the Company.
16.2. All questions or disputes regarding eligibility for the Program or the eligibility of DT Points will be resolved by the Company in its sole discretion.
16.3. The Company reserves the right to audit any and all accounts at any time and without notice to the Member to ensure compliance with this Agreement. In the event that an audit reveals discrepancies or violations, the processing of DT Points may be delayed until the discrepancies or violations are resolved satisfactorily to the Company. Pending such resolution, members may be prohibited from redeeming DT Points as determined in the Company's sole discretion.
16.4. The determination of tax liability arising out of the accrual or conversion of DT Points shall be the sole responsibility of the member. Members should refer to their tax advisor with any questions.
16.5. By participating in the Program, you agree that the laws of the State of Texas, without regard to its conflict of laws rules, will govern these Terms of Agreement, as well as your and our observance of them.
16.6. As a condition of participating in this Program, you agree that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any DT Points obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Plano, Texas; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of the Agreement, or the rights and obligations of you and Company in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas.
If you have any questions regarding the Program, the Company can be contacted at eteam@worldventures.com.