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LiveUp Program Terms and Conditions

PLEASE READ CAREFULLY. By reviewing these Terms and Conditions, clicking "I Agree" on the registration page, and participating, you agree to the following rules governing the CMOHF LiveUp Program.  

A. Overview of the LiveUp Program

The CMOHF LiveUp Program (the "Program") is a Rewards program for participating users to earn rewards (“Rewards”) when complete specific activities listed on the CMOHF Rewards website found at www.LiveUp.org (“Website”).   Customers will find low-level activities that are worth 500 Points, mid-level activities that are worth 1500 Points and high-level activities that are worth 3000 Points, as specified on the Website. The Program is subject to these terms and conditions, which are final and binding (“Terms and Conditions”).  

B. Eligibility

The Program is open to legal residents of 50 United States and District of Columbia, who are between 13 and 19 years of age at the time of enrollment. Upon turning 20, any Enrollee shall be allowed thirty (30) days from his/her 20th birthday to redeem any remaining Points. The Program is void outside of 50 U.S. or D.C, and where prohibited by law.

C. Duration of Program

The Program begins at 12:00:00 a.m. Eastern Time ("ET") on October 24, 2017 and ends at 11:59:59 p.m. ET on October 24, 2018, unless earlier terminated or extended at Sponsor’s sole discretion (“Rewards Period”).  Sponsor reserves the right to suspend, modify, extend, or cancel the Program, at its sole discretion, at any time.

D. Enrolling in the Program

Persons who meet the eligibility requirements in Section II above may enroll in the Program by logging onto the Website, completing and submitting a user registration form. Upon successful registration, you will receive a confirmation and welcome email message that will link to the Website where you can input your password. Upon inputting your password, you will become an Enrollee and begin completing activities, earning points in the Enrollees account (“Enrollee Account”). These points will be eligible for limited time rewards. Limit one (1) Enrollee per person, but multiple Enrollees from the same household are acceptable. Enrollees are limited to a single individual. No sharing accounts with any other person allowed.  Only Enrollees can earn Rewards.

 

Enrollees should promptly notify the Program of any changes to personal information such as name, address, mobile phone number and email address by visiting the Website, or by emailing the website moderator at admin@liveup.org. Sponsor reserves the right to cancel any account for which it has incomplete, inaccurate, false or fictitious personal information which will result in any Rewards earned being forfeited.

E. Point Definition

1. Available Points are comprised of all points earned from activities completed and approved in addition to any supplementary points earned from sharing on social channels less any points that have been redeemed for rewards.

2. Pending Points are comprised of all points from any completed activity that has yet to be approved by the Moderator.

3. Lifetime Points are comprised of all points earned from activities completed and approved in addition to any supplementary points earned from sharing on social channels since enrollee sign-up. Lifetime points qualify enrollee for applying for Opportunities as well as Scholarships.

F. Earning Rewards

1. Enrollees can earn Rewards by accumulating points (“Points”) which will be accrued in an Enrollee’s Account, at any time during the Rewards Period by completing specific tasks (“Rewards Task(s)”) as set forth on the Website. Upon completing a Rewards Task, Enrollee will be asked to submit proof of such completion such as providing an image or video, submitting a short essay, or answering questions, as specified on the Website (each, a “Submission”).  Upon submitting the Submission, Sponsor will review the Submission and approve or reject the Submission using judging criteria as solely determined by Sponsor. If a Submission is approved, the Points listed on the Website for that specific Rewards Task will be automatically deposited into Enrollee’s Available Points Account, and the Submission will be publicly posted on the Website for other Enrollees to “Like” or “Report” on a Submission if a fellow Enrollee finds something in the Submission legitimately offensive. If a Submission is rejected, as solely determined by Sponsor in its sole discretion, no Points will be deposited into Enrollee’s Available Points Account. If a previously approved submission has been flagged and determined not suitable for LiveUp, then points will be removed from the Available Points and Lifetime Points, the Submission will NOT be publicly posted on the Website. For any rejected Submission, an Enrollee will be allowed to resubmit a revised Submission for the same Rewards Task if Enrollee wishes to do so. 

2. Enrollees have the option to not have their submitted work publicly post. An enrollee can opt out of sharing their activities.

3. Enrollees may only earn a maximum of 3000 activity Points per week throughout the entire Rewards Period. In the event an Enrollee’s Account reaches 3000 Points in any given week, that Enrollee will not be able to submit further activities until the following week starts. For purposes of these Terms and Conditions, a week shall begin at 8:00:00 PM ET on Sunday and end at 7:59:59 PM ET the following Sunday.

4. Enrollees can earn bonus Points for sharing a Rewards Task on social media channels (“Bonus Points”). However, Enrollees can only earn Bonus Points for sharing a Rewards Task once during the entire Rewards Period. Bonus Points are valued at 50 Points per shared Rewards Task. Two social media channels are Twitter and Facebook.

5. Sponsor reserves the right to change the number of Points an Enrollee earns per Rewards Task at any time at Sponsor’s sole discretion, as announced on the Website.

6. Once points are redeemed, those points will be removed from the users Account.

7. Enrollees may not combine, transfer or sell Points accrued in Enrollee’s Account to any other person.  Any attempt to combine, transfer or sell Points accrued in Enrollee’s Account to any other person will result in disqualification from the Program and forfeiture of all Points earned in the Enrollee’s Account. Sponsor reserves the right to take any action it deems appropriate in its sole discretion in the event that it believes, in its sole discretion, that any Enrollee has violated any of these provisions.

8. Sponsor reserves the right to change, add, or remove the methods by which Enrollees can earn Points or Rewards.

9. Points are void if (a) not obtained in accordance with these Terms and Conditions and through legitimate channels; (b) any part of the Reward is counterfeit, altered, defective, tampered with or irregular in any way; or (c) obtained as the result of a sale or transfer which Sponsor, in its sole discretion, determines is in violation of these Terms and Conditions and the objectives of the Program. The Points for Rewards earned will appear in the Enrollee’s Available Points Account within 2 business days after verification is complete. If additional time is needed for any reason, Sponsor reserves the right in its sole discretion to award Rewards in more than 2 days. The Points for Rewards earned will appear in the Enrollee’s Current Points Account real-time after completing an activity.

10. If an Enrollee believes that Points were not properly accrued to his/her Account, the Enrollee must notify Sponsor by using the moderator email address admin@liveup.org or using the Contact Us page on the Website liveup.org/support-page, within 15 days of the date the Points were credited to Enrollee’s Account. In no event will Sponsor be responsible for any failure to contact Customer Service beyond the 15 day notice period.

11. In its sole discretion, Sponsor reserves the right to reverse Points previously credited to Enrollees' Account, if, upon Sponsor request, earning of such Points cannot be properly verified.  Sponsor’s decisions regarding the awarding of Points are final and binding. If Sponsor determines that previously-verified Points are invalid for any reason, Sponsor reserves the right to remove the applicable Points from the Enrollee's Account.

12. In addition to the Rewards available on the Website, there are approximately ten (10) $2,500 scholarships Enrollees can be eligible to apply for if they have earned 25,000 cumulative Points during the Rewards Period and who are between the ages of 17 and 19 on 6/1/2018 will be eligible to apply for a scholarship for the 2018-2019 academic year. Eligibility for a scholarship does not constitute automatic awarding of a scholarship and Enrollees must complete the application process and be awarded the scholarship based on the application. The decision to award a scholarship to an Eligible Enrollee will be made based upon information provided in the submitted scholarship application. An Eligible Enrollee who does not complete and submit the scholarship application process before 8/1/2018 will be disqualified from receiving a scholarship.

G. Redeeming Rewards

1. Rewards are available in three (3) tiers:  Tier 1 Rewards each require a range of 2,500 to 11,500 Points; Tier 2 Rewards each require from 11,501 to 17,500 Points; and Tier 3 Rewards each require 17,501 and above Points. Enrollees may redeem their Rewards at any time (“Redemption Period”) by visiting the Website and selecting the Reward of the Enrollee’s choice (each featured Reward hereinafter “Offered Reward”). The Enrollee’s Account must contain the minimum required Points for the specific Offered Reward selected by Enrollee for redemption. Enrollees must comply with individual Rewards limitations, rules and restrictions where indicated. Periodically throughout the Redemption Period, Sponsor may modify the list of Rewards available for redemption and will post the modifications on the Website. All Rewards redemptions are subject to these Terms and Conditions and all limitations and/or requirements specified in these Terms and Conditions.

 

2. Each Enrollee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly. Each Enrollee (or the Enrollee’s parent/legal guardian if you are under the age of 18, or 19 if an AL or NE resident) is responsible for ensuring that the street address, telephone number and/or email address associated with his/her Account is accurate and up to date. Sponsor is not responsible for non-receipt of a Reward that was sent to an address or email address associated with an Enrollee's Account. Changes to Accounts or Account information may only be made by the Enrollee to whom the Account belongs (or the Enrollee’s parent/legal guardian if you are under the age of 18, or 19 if an AL or NE resident).

 

3. Certain Rewards may require Enrollee to be a member of the program for a specific time duration to qualify for that particular reward (ex. 6 months enrolled in program).

 

4. All Rewards redemptions are final. Refunds, exchanges and other issues regarding the product redeemed are governed by each Rewards specific terms and conditions disclosed on the Website at the time of redemption, and are not the responsibility of Sponsor.

 

5.  Allow 4 to 6 weeks to receive your Reward.

 

6. The Points that have accrued in an Account have no cash value, are not transferrable, and are only redeemable for Rewards via the Program as featured on the Website in accordance with these Terms and Conditions.

H. Modifications and Termination of the Program

1. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, the duration of the Redemption Period, methods by which Enrollees may earn Points (i.e., the Rewards Tasks or Submissions required to earn Points), the number of Points required to earn Rewards for any Tier, the Offered Rewards, the amount or ability to earn Bonus Points, including how to earn Bonus Points, and any of the options made available to Enrollees with respect to their Accounts, at any time, with notice by posting the notice of such changes on the Website no later than two (2) days prior to implementing the change(s), even though these changes may affect an Enrollee's ability to accrue his/her Points.

 

2. Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with notice, even though termination may affect an Enrollee's ability to accrue or use his/her Points. In the event of a termination, Enrollees will have 30 days from the date Program termination is announced to redeem their Rewards.  Any remaining Points after the 30 days will be forfeited in their entirety.

 

3. An Enrollee's continued participation in the Program constitutes the Enrollee's acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable of any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at the Website and will supersede all previous versions of these Terms and Conditions.  Additionally, Enrollees will be notified of any updates or changes to the Privacy Policy and Terms and Conditions through a pop-up notification upon first visit after either have been updated and accessible on the LiveUp.org website.

I. General Terms and Conditions

1. To learn how the personal information collected in connection with the Program may be used, participants should read Sponsor's Privacy Policy for the Website which is available at www.LiveUp.org/privacy-policy.  The terms of Sponsor's Privacy Policy for the Website are incorporated herein by reference.

 

2. The Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or with any federal, state or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Points. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

 

3. Sponsor reserves the right to rescind Points credited to an Account which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program.

 

4. The Program is provided to individuals only. Corporations, businesses, charities, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Points for combined use.  

 

5. Points accumulated from accepted Submissions are not the property of any Enrollee and may be revoked at any time by Sponsor as set forth herein.

 

6. All content and submissions are property of the LiveUp Program and will remain present on the Website and supporting materials regardless of if a Enrollee has completed the Program or deleted their Account. Requests for removal of any content will be at the sole discretion of the LiveUp Program.

J. Limitation of Liability

1. The Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Congressional Medal of Honor Foundation, Sagepath Inc., Brandmovers Inc, nor their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR OFFERED REWARDS THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES ANY ENROLLEE ANY POINTS OR REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS OR REWARDS. BY PARTICIPATING IN THE PROGRAM, ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its affiliates, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered as a Reward. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR, Sagepath Inc., BRANDMOVERS INC, AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED OR SOLD BY ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Enrollees (or their parent/legal guardian, if under the age of 18, or 19 if an AL or NE resident) agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.

 

2. As a condition of participating in this Program, each Enrollee (or their parent/legal guardian, if under the age of 18, or 19 if an AL or NE resident) agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Rewards 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 Virginia; (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 any Enrollee be permitted to seek recovery for, and Enrollee hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.

3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Enrollee and the Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Virginia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Virginia.

 

4. These Terms and Conditions constitute the entire agreement between Program participants (or their parent/legal guardian, if under the age of 18, or 19 if an AL or NE resident) and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

 

5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

 

Sponsor:

Congressional Medal of Honor Foundation

1501 Lee Highway, Suite 300

Arlington, VA 22209

 

 

Administrator:

Sagepath Inc.

3500 Lenox Road Ste 1200

Atlanta, GA 30326