2022 Copyright © Dibbs Inc. All Rights Reserved
Effective Date: March 31, 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE DIBBS REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THE DIBBS REWARDS PROGRAM.
Sign up to create a Dibbs’ account by providing a valid email address, phone number and creating a password. Anyone can create an account and share Dibbs with others through a unique personalized code (“Personalized Code”) but the referrals must be valid contractors or suppliers in the Rhode Island market in order to qualify.
You must be 18 years or older.
When sharing the Dibbs marketplace, you must have the legal right to provide the personal information (e.g., name and email address) of individuals you share your Personalized Code with. You must have successfully brought 10 new users onto the app in order to become eligible. Trips must be booked for dates within 6 months of becoming eligible.
To redeem Rewards, log-in to your Dibbs account. Visit your “Referral Dashboard” on the Dibbs app. Once ten friends have used your code, you will gain access to claim your rewards. You must re-enter your information so that a sales representative can double check your eligibility and get you set up with your prize. 20 of the first referrers will win this trip. Dibbs decisions are final and binding, including decisions as to whether a booking or Reward is valid.
Rewards are subject to verification. Dibbs may withhold a Reward for investigation, or refuse to process any transaction it deems fraudulent, suspicious, in violation of these Terms, or believes will impose liability on Dibbs or any of its officers, directors, employees, representatives or agents. Rewards are not transferable and may not be auctioned, traded, bartered, sold or redeemed for cash. Upon termination of the Program or any portion thereof for any reason any unredeemed Rewards accumulated by you are forfeited.
Winner Notification: Eligible winners will be notified by email and/or phone call from a Sales Representative once all referrals have been verified. Winners must respond to the notification message and provide all requested information within 10 days of the first contact or attempted contact from a Sales Representative or the potential prize may be forfeited. To claim the prize, winner must complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents, which may require a social security number and may need to be notarized, before claiming and prize. All required documents must be completed and returned to a Sales Representative within five (5) days of the date and time listed on the documents. We reserve the right to substitute any prize with a prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified or ineligible to win, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, Sales Representatives may select an alternate winner via random drawing from among the remaining eligible users. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes. Under no circumstances will more than the advertised number of prizes be awarded.
Travel Conditions on the Prize:
As a condition of participating in the Program, you agree that under no circumstances will you be entitled to recover any actual or direct damages. In no event will Dibbs be liable to you for any consequential, incidental, indirect or special damages (including, without limitation, lost profits, savings or use), or any punitive or exemplary damages, even if Dibbs has been advised of the possibility of such damages, or for any claim by any third party.
Dibbs failure to enforce any term of these Terms shall not constitute a waiver of that provision.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to your, and you may have rights in addition to those contained in these Terms. In such jurisdictions, Dibbs liability is limited to the greatest extent permitted by law.
This Program is void where prohibited by law.
Any dispute that in any way relates to or arises out of these Terms, the Program or any Reward shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be New York, New York. The arbitration, as well as the interpretation and enforcement of these Terms and the Program, shall be governed by the laws of the State of New York (without reference to its conflict of laws principles). Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Except as may be required by law, neither party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.
These Terms do not allow class or collective arbitrations even if the AAA procedures or rules would. Notwithstanding any other provision of these Terms, the arbitrator may award money only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative theories of liability or prayers for relief may be maintained in any arbitration held under these Terms. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.
If either Dibbs or you intend to seek arbitration under these Terms, the party seeking arbitration must first notify the other party of the dispute in writing at least thirty (30) days in advance of initiating the arbitration. Notice to Dibbs should be sent to [Dibbs, Inc. 304 Thames Street, Newport RI 02840]. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the dispute within thirty (30) days, either party may then proceed to file a claim for arbitration. In the case of a dispute, Dibbs will not pay any attorney fees for the other party.
An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself.
If for some reason the prohibition on class arbitrations set forth above cannot be enforced as to all or part of a dispute, then the agreement to arbitrate will not apply to that dispute or part of the dispute.
If for any reason a claim proceeds in court rather than through arbitration, you and Dibbs agree that there will not be a jury trial. You and Dibbs unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court. Any and all claims and causes of action arising out of or related to this Program or any Reward shall be resolved under New York law (without reference to its conflict of laws principles).
Bulk email distribution, distribution to strangers, or any other promotion of a Personalized Referral Code in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Dibbs sole discretion is expressly prohibited and may be grounds for immediate termination of your account and deactivation of your Personalized Referral Code.
Dibbs may prohibit you from participating in the Program or receiving a Reward, in its sole discretion, if it determines you are attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other fraudulent behavior or unethical conduct. Use of any automated system to participate in the Program is strictly prohibited and will result in disqualification. You may not register with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward. Dibbs reserves the right to disqualify you and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program or violating these Terms.