General Terms & Conditions for Participation in the SATA Loyalty Program coins & more
for companies residing in the U.S., Canada and Mexico
Valid from September 1st, 2017
The SATA Loyalty Program coins & more is a customer reward program. The operator and publisher of the SATA Loyalty Program coins & more is SATAGmbH & Co. KG, Domertalstrasse 20, 70806 Kornwestheim (“SATA”). The program is aimed at the companies and individuals who purchase the bonus products for their own use or consumption and receive the QR codes („bonus product“) in connection with the original packaging of the product. Every bonus product contains a note explaining this on and inside the packaging. With the SATA Loyalty App, the buyer can collect the bonus points in the product packaging, the so-called “SATA coins”, by scanning them and then exchange them for rewards. SATA voluntarily provides the SATA coins in the form of QR code stickers or imprints on the product packaging, and without any additional costs or legal rights. SATA coins may only be collected by scanning in the QR code. Participation in the SATA Loyalty Program coins & more is gratis.
The following General Terms & Conditions for participation in their up-to-date version apply to the acquisition and redemption of SATA coins and the general execution of the SATA Loyalty Program coins & more. Other temporary promotions and their terms and conditions will be announced separately in the SATA Loyalty Program coins & more communication media (e.g., SATA Loyalty App, reward catalogue, newsletter and account statement, online communication, in-App communication).
1.1 Persons entitled to participate
The program is addressed to buyers of bonus products, i.e. companies that purchase the bonus products for their own use or consumption. They can collect SATA coins by scanning the QR codes. Only companies with a registered office in the United States are entitled to participate. For these companies in this country these General Terms & Conditions are valid. If a company has given its employees permission to scan and collect SATA coins, these employees are also entitled to participate in the SATA Loyalty Program coins & more, as long as they are at least 18 years of age. In all cases, rewards will be sent to the business address as stated in the user profile. Should a company not wish to participate and/or allow its employees to participate, it can decline to register and can carry out a general deregistration via SATA, whereby participants who have indicated in the SATA Loyalty App that they have been authorisedto do so by the company are also excluded from participation. Cancellation can be made via a corresponding page on SATA’s website – https://www.sata.com/en-dat/service/coins-and-more/company-exclusion – as shown on the packaging of the bonus products.
SATA, SATA distribution partners, dealers of SATA products to resellers, workshop or end consumers and their employees are excluded from participation.
There is no legal right to participate in the SATA Loyalty Program coins & more. The organisers’ decision is final.
1.2 Start of participation
Participation begins with registration in the SATA Loyalty App. Download, installation and use of this App by participants are free of charge. Participants must accurately and truthfully enter all contact details in order to register.
Each participant may only open and manage one account. It is prohibited to reregister a participant who is already registered. SATA reserves the right to deactivate the most recently installed account or all accounts registered for the same
person, where the same personal identity is determined.
By agreeing to the General Terms & Conditions as well as a corresponding confirmation required in the process of every QR code scan, the participant – either as the acquirer or as an authorised employee of the acquirer – confirms that they are authorised to scan the QR codes of the products and to collect the corresponding coins. Violations shall result in the
immediate loss of the corresponding SATA coins and exclusion of the participant in question from the SATA Loyalty Program coins & more. SATA reserves the right, on a case-by-case basis, to request participants to provide proof of their authorisation to scan and collect SATA coins.
1.3 Participant accounts
Registration in the SATA Loyalty App must be duly completed for the activation of the SATA coin scan function. Accounts with missing or incomplete data may not be used to collect SATA coins, and will be deleted by SATA three months after the date of the last entry or change in the registration information.
All information must be entered and verified to SATA on request as correct and truthful. If this is not done on the first request, eligibility to participate is cancelled according to clause 1.2 of these General Terms & Conditions. Participants shall immediately notify SATA of any changes to the provided information by updating the information in the SATA Loyalty App.
Every participant sets up a personal password for the SATA Loyalty App during registration. To prevent abuse, the participant must make sure that no unauthorised third party obtains knowledge of the password. If there is any suspicion that the password is being misused, then it must be changed immediately and SATA must be notified at the email address firstname.lastname@example.org. SATA is only liable under clause 4.1 of these General Terms & Conditions of participation for damages incurred as the result of culpably omitted or delayed change of the password or notification up to the time of the change of password or receipt of the notification.
1.5 Service emails
By participating in the SATA Loyalty Program coins & more coins & more, customers regularly receive service emails with information on transactions that have affected the SATA coin account balance, current account balance or maintenance cycles. The service emails do not contain any promotional content.
By registering for the SATA Loyalty Program coins & more coins & more, the participant gives his permission to receive these service emails and cannot revoke his consent.
2. SATA coins
Calculations in the SATA Loyalty Program coins & more are based on bonus coins, called “ SATA coins” that are credited to the coin account of the participant. The SATA coins can only be used for the purposes applicable at the time of redemption that are expressly listed in these General Terms & Conditions of participation, additional program documents or the SATA Loyalty Program coins & more communications media. SATA reserves the right to change the number of SATA coins required to obtain a reward without prior notice.
2.2 Transferability of SATA coins and trading with SATA coins
SATA coins may not be transferred to third parties or other participants in the SATA Loyalty Program coins & more. The sale, exchange, auctioning or other distribution of SATA coins to third parties is prohibited. Brokering the purchase or sale of SATA coins and the purchase of SATA coins from participants or third parties and the unauthorised use of SATA coins are also prohibited. The consolidation of credit balances of different participants’ accounts is prohibited.
2.3 Account balance
The current status of the SATA coin account is shown in the SATA Loyalty Program coins & moreApp and can be retrieved as long as there is an existing data connection.
In addition, a participant who actively uses the SATA Loyalty Program coins & more will receive regular information about their current count status, provided that the participant has registered expressly for the “SATA Loyalty Program coins & more Online Communication”.
2.4 Acquisition of SATA coins
2.4.1 General rules on the acquisition of SATA coins
SATA coins may be acquired from the time participation begins. SATA coins are only provided by SATA in the form of QR codes in certain product packaging of the bonus products and can then be scanned after the package is opened using the QR code scanner that is integrated in the SATA Loyalty App for mobile devices. This will credit the SATA coins to the registered participant.
SATA coins can only be acquired once per product. The input of the participant is required in the process of each QR code scan in order to also be authorised to scan in and collect SATA coins, either as the acquirer or as an authorised employee of the acquirer.
In addition, the provisions of clause 1.2 of these General Terms & Conditions of participation shall apply. Coins may not be purchased or acquired in any other way.
Examples where QR codes may not be valid (i.e. will not cause Coins to be added to an Account when scanned by a Participant) include: QR Codes on products that were produced before the start of the SATA Loyalty Program coins & more; QR Codes on products which are being sold at special promotional prices (in which case such QR codes may be temporarily disabled); and QR codes on products sold after the end of the SATA Loyalty Program coins & more.
A participant can have a maximum number of SATA coins, required for the most valuable reward, but not more than 25,000 coins during any day. The acquisition of new coins exceeding this limit is not possible. SATA coins must be redeemed in accordance with clause 2.5 of these General Terms & Conditions before new coins can be acquired.
An acquirer that is authorised to use the SATA coins can report SATA coins that were scanned from their products without authorisation to SATA at the email address email@example.com up to three months after the coin account of the unauthorised participant was credited by providing the SAL or carton number and through verification of the invoice by SATA, provided the SATA coins have not been redeemed yet. SATA will then transfer the SATA coins to the actual authorised beneficiary and exclude the participant who scanned the SATA coins without authorisation from the SATA Loyalty Program coins & more with immediate effect.
SATA reserves the right, in particular cases (e.g. special promos), to deactivate QR codes. No SATA coins may be credited for specific products or deliveries without scanning the QR code included in the packaging.
SATA reserves the right to set up or cancel so-called “booster factors” or certain rewards or parts thereof for the acquisition of SATA coins for certain limited periods of time. Booster factors multiply the usual c SATA oins value of the SATA coins and increase the SATA coins credited during the specified period. The booster factors can be capped at a fixed number of scanned SATA coins. The number of SATA coins to be credited is based on the applicable rules for the SATA Loyalty Program coins & more at the time they are claimed.
The groups of goods subject to credit as well as the number of SATA coins awarded are published in the SATA Loyalty App. SATA reserves the right to change the rules of this SATA Loyalty Program coins & more at any time.
In the event of a cancellation (e.g. through cancellation of agreement, dispute, withdrawal, exchange etc.) of the purchase of the product for which SATA coins have been credited, as well as incorrect bookings and abuse, SATA reserves the right to cancel the corresponding SATA coins credited.
An objection to the correctness of the coin account must be made to SATA at the email address within one month after the disputed change. The corresponding sales receipt or invoice as well as a picture of the QR code must be attached to the objection. If an objection is not submitted in a timely manner, the coin account is deemed to be accepted.
2.4.2 Exclusion of the SATA coin credit
SATA coin credit is usually excluded for certain special tariffs, free positions, free-of-charge deliveries and other non-remunerable acquisition. SATA coin credit is also excluded for illegally acquired SATA coins or SATA coins for products that have been acquired from outsidethe geographic validity of this specific program.
2.5 Redemption of SATA coins
2.5.1 General rules regarding the redemption of SATA coins
Each participant can redeem their SATA coins for rewards offered by SATA in the SATA Loyalty Program coins & more as soon as the credit on their coin account corresponds at least to one reward value. The prerequisite for this is the availability of rewards according to clause 2.4.3 and an account balance with at least the required number of SATA coins for the reward concerned. News regarding the required SATA coins for individual rewards will be announced in the App.
Only in-kind rewards or corresponding vouchers will be granted. No settlement or cash payment will be made.
2.5.2 Redemption of rewards
Rewards can be redeemed via the SATA Loyalty App. When the SATA coins included in the product do not immediately entitle the participant to a reward or a part thereof, the participant can select a reward as soon as he or she has acquired the number of SATA coins needed for the desired reward. The reward will be sent only to the business address indicated in the SATA Loyalty App.
The sending of rewards to the private address of an authorised employee of an acquirer is thus precluded. SATA is not liable for any negative consequences arising from an omitted or incorrect address change.
Any rewards that have already been redeemed cannot be converted back into SATA coins or exchanged into different rewards. Rewards cannot be taken back or exchanged, except for claims based on defects and in legally required cases. All performance, dimensions, weight, size as well as colour indications and descriptions of rewards are, unless otherwise indicated, to be understood only as guidelines. They serve only as descriptions and do not represent any guaranteed characteristics or features. Customary deviations, and deviations that result from changes in legal requirements are permissible as long as they do not adversely affect the usability of the rewards.
2.5.3 Availability and special conditions for rewards
As long as the SATA Loyalty Program coins & more is in effect, SATA undertakes to deliver the selected reward in return for the SATA coins redeemed according to the currently valid General Terms & Conditions of participation.
The purchase price of the rewards is independent of the registration for the SATA Loyalty Program coins & more and the SATA coins associated with the reward. The price of the reward does not change with the introduction of the SATA Loyalty Program coins & more.
(Exception: e.g. changes in package sizes or annual price changes).
The availability of rewards can vary depending on date, season and target destination. Individual rewards may not be available at specific times.
SATA reserves the right to deliver a comparable but not absolutely equivalent replacement reward.
A participant is particularly deemed to be engaging in abuse within the meaning of these General Terms & Conditions of participation if in their actions they fail to respect the rules in clause 2.4.1 (Acquisition of coins) or clause 2.2 (Transfer of SATA coinsand trading with SATA coins), or in any other way commit acts that can be used to obtain undue advantages from the SATA Loyalty Program coins & more. In particular, this includes the abuse or manipulation of the SATA Loyalty App and its functions.
2.5.5 Consequences of abuse
In cases of abuse for which the participant is responsible, SATA reserves the right to block or retract SATA coins and rewards or to refuse the publication of a reward or redemption.
The right to termination according to clause 3, as well as the right to make additional claims against the participant, including compensation for damages shall remain unaffected hereby.
Where the participant requests a reward by using SATA coins acquired as the result of abuse, SATA reserves the right to demand compensation for damages instead of the SATA coins required to order the reward, when the SATA coin account is no longer sufficient to order the reward after the SATA coins acquired through abuse have been deducted.
In all cases, it is up to the participant to demonstrate that no or a lesser damage has been created.
2.6 Expiration of SATA coins
SATA coins are used for rewards in the order in which they were acquired.
IF SATA COINS ARE NOT REDEEMED FOR REWARDS WITHIN 36 MONTHS FROM THE TIME THEY ARE ADDED TO THE SATA COIN ACCOUNT IN THE SATA LOYALTY APP, THEY EXPIRE.
IF SATA COINS ARE NOT SCANNED WITHIN 36 MONTHS AFTER THE DATE OF ISSUE OF THE BONUS PRODUCTS, THEY EXPIRE.
THE COMPLETE ACCOUNT BALANCE IS LOST IF NO NEW SATA COINS ARE REGISTERED IN A PERIOD OF SIX MONTHS.
After a basic termination of the SATA Loyalty Program coins & more, all SATA coins lose their value (see clause 3.5).
SATA is not obligated to inform the participant about the loss of SATA coins from the balance.
3. Termination, blocking, exclusion from participation in the program
3.1 Ordinary termination
Participants can terminate their participation in the SATA Loyalty Program coins & more at any time without notice by contacting SATA at the email address firstname.lastname@example.org and providing the required data (name, company, email address used for the registration) or by deregistering in the SATA Loyalty App under their user name with the valid password.
SATA can issue an ordinary termination with regard to individual participants with a notice period of four weeks without specifying any reason. The termination shall be made by email to the email address indicated by the participant in the SATA Loyalty App.
3.2 Exclusion from participation
Companies can generally exclude their participation in the SATA Loyalty Program coins & more according to clause 1.1. This will exclude from participation all participants who have indicated in the SATA Loyalty App that they work for the respective company.
Cancellation can be made via a corresponding page on SATA’s website - www.sata.com/loyalty-exclusion_en - as shown on the packaging of the bonus products. Stating the exact legal name of the Business and its full business address and
- deregister any individuals who have indicated in the SATA Loyalty App that they have been authorised to participate in the SATA Loyalty Program coins & more by a business whose name is identical to that provided by the Business; and
- notregister any new individuals who indicate in the SATA Loyalty App that they have been authorised to participate in the SATA Loyalty Program coins & more by the Business. SATA will not be responsible for removing Participants if the name of the Business given by the individual does not exactly match the name of the Business given by the Business.
Upon written request, the new authorized registration for the company can then be set up by SATA on the basis of a verified invoice, not older than one month and further documentation to email@example.com.
3.3 Extraordinary termination
SATA can issue an extraordinary termination to individual participants for an important cause without notice at any time.
Such important cause, in particular but not limited to this case, includes a severe and culpable violation of these General Terms & Conditions of participation by the participant. The same applies in case of abuse or attempted abuse as well as significantincorrect information, manipulation or the use of unauthorised aids and in the event of an abuse according to clause.
3.4 Blocking or exclusion from participation in the program
in cases covered by clause 3.2, SATA is entitled to block the participant’s account. The right to block the account also
applies to objectively suspicious facts indicating the presence of an important cause for a period of time that is needed to properly check the circumstances. The participant is not entitled to any claims for a blockage according to these rules.
Anyone terminated by SATA may not participate in the SATA Loyalty Program coins & more again. These General Terms & Conditions of participation shall continue to apply to the handling of the contractual relationship after an effective termination.
3.5 Validity of coins after termination
3.5.1 In case of an ordinary termination
In case of an effective termination by the participant, all SATA coins in the account will cease immediately after receipt of the notice of termination.
In case of an effective termination by SATA, the SATA coins will cease immediately after receipt of the notice of termination. SATA coin credits which cannot be used or SATA coin credits which have not been redeemed will be forfeited.
3.5.2 Extraordinary termination
In case of an extraordinary termination by the participant or SATA, the participant’s account shall be closed immediately with the loss of all SATA coins.
3.6 Program termination
SATA can unilaterally terminate the SATA Loyalty Program coins & more as a whole or the conditions of the program with four weeks’ notice by sending an email to the participants registered in the program. No more SATA coins can be acquired after expiration of the notice period. After an additional six months, all coin balances that have not been redeemed for rewards expire according to 3.5.1.
For damages incurred by participants in connection with their participation caused by SATA, the following shall apply: Liability is unlimited in case of intent or gross negligence, or the existence of a guarantee. In case of minor negligence and injury to life, limb or health, liability is likewise unlimited. In case of a lightly negligent violation of significant contractual obligations, liability is limited to material and financial damages caused by this violation in the amount of the foreseeable typically incurred damage. A significant contractual obligation is an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on the adherence of which the participant may trust on a regular basis.
Any additional liability for compensation for damages is excluded, except for claims based on the German Product Liability
4.2 Data protection
Personal data collected by SATA in the scope of participation in the SATA Loyalty Program coins & more shall be used by SATA for the purpose of implementing the program, and – to the extent that the participant has given permission in advance – for marketing purposes, in particular sending promotional messages by email and telephone. Details on the implementation of the SATA Loyalty Program coins & more and the handling of participants’ personal data within the scope of the Program can be found at: www.sata.com/en-dat/privacy-policy on SATA’s website.
4.3 Changes to the program or conditions of participation
SATA reserves the right to make changes or additions to the conditions of participation, rewards, the required number of SATA coins for each reward or other processes in the SATA Loyalty Program coins & more as described in the program documents, provided that such action does not discriminate against the user in bad faith. Damage claims by participants against SATA due to legally imposed country-specific changes are excluded.
SATA reserves the right, in its sole discretion, to adjust the available number of SATA coins for a SATA bonus product and the SATA coins required for each reward.
Changes or additions to the rewards, the required number of SATA coins or other processes described in the program documents of the SATA Loyalty Program coins & more (with the exception of the number of SATA coins for a bonus product and the number of SATA coins requiredfor each reward) are announced in the SATA Loyalty App or the SATA Loyalty Program coins & more communications media.
Changes or additions to these conditions of participation are announced by notification in writing via email to the email address stored in the SATA Loyalty App. The changes or additions to the conditions of participation are deemed accepted if a participant does not send an objection to the email address firstname.lastname@example.org within two months of the announcement or scans in additional SATA coins after the expiration of this deadline. We undertake to draw special attention to this sequence at the time the announcement is made. If a participant objects to the change or addition, their participation can beterminated by means of an ordinary termination according to clause 3.1.
4.4 Tax implications
It is the responsibility of every participant to deal with any tax implications of receiving the reward.
4.5 Final provisions
If individual provisions of these General Terms & Conditions of participation become entirely or partly legally invalid or impracticable, or later lose their legal validity or practicability, the validity of the remaining provisions shall be unaffected thereby.
Only the law of the Federal Republic of Germany shall apply, excluding UN sales law. To the extent permitted by law, the courts of Stuttgart shall have exclusive jurisdiction. Furthermore, a participant may also take legal action against SATA intheir court of general jurisdiction or at any other location where a legal responsibility exists.