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TERMS & CONDITIONS
SCHOOL ELIGIBILITY: the SchoolPAX™ program is administered by, and SchoolPAX is a trade mark of, Loyalty eXchange Partners, LLC ("LXP") and is intended to benefit accredited public or private educational institutions (serving grades Pre-K through 12th only) located in the 50 United States, the District of Columbia, Puerto Rico, Virgin Islands and Guam, which are tax exempt under Internal Revenue Code section 501(c)(3) and described under IRC section 170(b)(1)(A)(ii). Schools must be housed in a facility zoned as a school building by the local municipality. Colleges and day care centers not providing pre-K classes do not qualify. Eligibility for this Program is determined by LXP at their sole discretion. Schools in Virgin Islands, Puerto Rico and Guam cannot receive school rewards from Verizon Wireless because Verizon Wireless does not service these territories.
SCHOOL ENROLLMENT: Schools must first enroll in the SchoolPAX program by having the school principal or an authorized school administrator either call LXP toll-free at 1-877-724-5729 or go on the Internet ("online") to www.SchoolPAX.org™ and provide the required information about the school, including but not limited to the school name; address (no P.O. Boxes allowed); school phone number; the name of the principal; the number of enrolled students; and the name of the Parent-Teacher representative. Upon review, verification of eligibility and acceptance of the school information by LXP, the school will be enrolled and LXP will send a package which will contain the school's official School Code and School-Coded Materials for use by participating shoppers. TRANSACTIONS WILL ONLY BE CONSIDERED "QUALIFIED PURCHASES" WHEN THEY RESULT FROM A SCHOOL CODE AND OR SCHOOL-CODED MATERIALS BEING USED IN COMPLIANCE WITH THE INSTRUCTIONS PROVIDED. ONLY QUALIFIED PURCHASES GENERATE FINANCIAL CONTRIBUTIONS FOR SCHOOLS (the "SCHOOL REWARDS").
PROGRAM START: Beginning August 1, 2007, enrolled schools will be eligible to earn School Rewards from Qualified Purchases made with participating stores, websites, brands and service providers, (the "Fundraising Partners"), either online or in a physical store. Non-Qualified Purchases are ineligible for accumulation of School Rewards.
ACCEPTANCE OF QUALIFIED PURCHASE TRACKING: Shoppers who participate in the SchoolPAX program agree that their Qualified Purchases will be recorded, allowing participating Fundraising Partners to provide special offers and information that may be of interest, and to track the portion of eligible purchases for participating schools (eligible purchases may exclude products or services determined by LXP to be inappropriate including but not limited to alcohol, tobacco, and firearms). Fundraising Partners and their affiliated companies may use this information to provide personally tailored offers intended to increase School Rewards opportunities.
ORDER TRACKING AND REWARDS DISBURSEMENT: LXP will track and pay School Rewards no less than once per school year. Such payment date(s) and or frequency will be determined by LXP. Amounts contributed by Fundraising Partners are contingent on each Fundraising Partner's predetermined contribution percentage and the accumulated dollar value of Qualified Purchases. School Rewards activity reports will be available through LXP by email, postal service and online.
UNCONFIRMED AND UNDELIVERABLE REWARDS: If a school cannot be identified or a Qualified Purchase cannot be linked to a particular school, LXP reserves the right to divide the contributions among all enrolled schools. If School Rewards are unclaimed or non-deliverable for any reason, or if a school is later determined to be ineligible to receive School Rewards, the School Rewards will be forfeited.
DISQUALIFICATION AND PROGRAM CHANGE: LXP reserves the right to disqualify a school from participation at any time; disqualify a participating shopper; eliminate a participating shopper’s accumulated contributions without cause or any further obligation; deactivate a school-code or school coded material if it has not been used within one year; and to change the SchoolPAX Terms and Conditions without notice.
SCHOOLPAX INDEMNIFICATION AND CANCELLATION: Fundraising Partners and LXP are not responsible for late, lost or misdirected sales or data, or any other transmission or recording method errors including jumbled, garbled or illegible sales or data, or for any other errors or malfunctions that may affect any aspect of the SchoolPAX program. LXP reserves the right to cancel or suspend this Program at any time without notice. Sales information and entry materials are the property of LXP and none will be returned. LXP's decisions are final and binding in all matters relating to this Program.
EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS AND CONDITIONS, THE SCHOOLPAX PROGRAM IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. LXP DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
LEGAL TERMS AND INDEMNIFICATION: By participating in the SchoolPAX program and by accepting any School Rewards, administrators and schools agree to release LXP and each of its respective parent and affiliate companies, subsidiaries, Fundraising Partners, sales representatives, distributors and advertising and promotion agencies, as well as the officers, directors, employees, representatives and agents of each of the foregoing from any and all liability, loss, damage or injury sustained in connection with his/her/their participation in the Program. All taxes and any other fees or costs associated with School Rewards are solely the responsibility of the schools and administrators. (Depending upon total amounts earned, each school may receive an IRS earnings form). School Rewards cannot be transferred and no substitutions or cash redemptions will be made, except as provided herein.
ARBITRATION: Any legal or equitable claim arising out of participation in the SchoolPAX program (a "Claim") will be resolved only by binding arbitration. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Streamlined Rules"). ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The interpretation and enforcement of these Terms and Conditions will be governed by the laws of the state where you are located, except this paragraph will be governed by the Federal Arbitration Act. Neither you nor we will be entitled to join or consolidate Claims in arbitration by or against other individual or entities, or arbitrate any Claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. If, however, the law of your state would find this agreement to dispense with class arbitration procedures unenforceable, then this entire paragraph is unenforceable.
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