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OWA Loyalty Program Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY PARTICIPATING IN OR SIGNING-UP FOR THE OWA LOYALTY PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN (AND DO NOT SIGN-UP FOR) THE OWA LOYALTY PROGRAM.

Introduction.

The OWA Loyalty Program (“Program”) is OWA’s way of thanking its most valued guests for their patronage. Enrolling in the Program offers an opportunity for enrolled/registered Program members (“Members”) to participate in sweepstakes, promotions, potentially earn special discounts, and receive information about OWA.    

These terms and conditions describe a Member’s participation in the general Program.  The Program is operated by Foley Holdings LLC, an Alabama limited liability company (“Sponsor”), in Foley, Alabama.  These terms and conditions do not alter in any way the terms or conditions of any other agreement a Member may have with Sponsor or its affiliated companies for other products and services.  These terms and conditions only apply to the Program. Each Program sweepstakes, promotion or discount may have additional terms or conditions that shall apply to such sweepstakes, promotion or discount, and such additional terms or conditions shall supplement these terms and conditions only for such specific sweepstakes, promotion or discount. In these terms and conditions, the terms “participant,” “you,” “your,” “they,” “their” and “them” refer to a Program Member who is eligible to enroll and has validly registered in the Program.

Binding Terms and Conditions.

By participating in this Program, all Members agree to abide by and be legally bound by these OWA Loyalty Program Terms and Conditions (as amended or modified, “Terms and Conditions”).

Changes to, or Termination of, the Program.

Sponsor reserves the right to change, modify or terminate the Program at any time and in its sole discretion.  Sponsor also reserves the right to change, modify or terminate all or any portion of these Terms and Conditions at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to www.visitowa.com, and all Members waive any right they may have to receive specific notice of such changes, modifications or terminations. A Member’s registration in and continuing participation in the Program confirms that Member’s acceptance of these Terms and Conditions and any such changes or modifications; therefore, all Members should review these Terms and Conditions and the www.visitowa.com website from time to time. If you do not agree to these Terms and Conditions, you must not participate or enroll in the Program. Each Program sweepstakes, promotion or discount may have additional terms or conditions that shall apply to such sweepstakes, promotion or discount, and such additional terms or conditions shall supplement these Terms and Conditions only for such specific sweepstakes, promotion or discount.

Program Administrator.

The Sponsor has designated an administrator for the Program.  The Sponsor reserves the absolute right to change the administrator of the Program from time-to-time with or without notice to the Members. The current Program administer is the head of the Sponsor’s marketing department (“Program Administrator”).  The Program Administrator shall exercise good faith in making any decisions with regard to the Program. 

Eligibility.

The Program is open only to legal residents of the United States who are at least 19 years of age and who have a working cell phone number. Sponsor and its subsidiaries and retailers, and each of their respective officers, directors, employees, representatives and agents (collectively, “Program Parties”) are not eligible to become Members of the Program.  Further, immediate family members (including spouses and children) of a Program Party are also not eligible to become a Member of the Program. Only one Member registration/enrollment per valid working cell phone number shall be allowed.  A purported registration attempting to use the same cell phone number that is already associated with an existing Member’s registration may be deemed invalid by the Program Administrator.  No sharing of Memberships and no combining of Memberships allowed.

To register as a Member and to participate in the Program a person must be willing to share with Sponsor and Program Parties (and allow Sponsor to keep on file) your name, cell phone number (as described above), physical mailing address, birth date, gender as well as certain other information. How Program Parties use and store this information is described at www.visitowa.com/___________________.

The Program is subject to all applicable federal, state and local laws, and is void where prohibited by law.

How to Register/Enroll in the Program.

An eligible individual shall be allowed only one valid registration for the Program.  Only one Member registration per associated cell phone number shall be allowed and valid.  Multiple purported or attempted registrations by the same individual (or by different individuals using the same cell phone number), if discovered by the Program Administrator or Sponsor, may be deemed invalid by the Sponsor and resulted in the cancellation of said invalid registration with or without notice. 

OWA In Person Registration: During the Program period an eligible individual may register in person for the Program at participating businesses found on the OWA Resort in Foley, Alabama. Participating businesses can be identified by a visual sign at the storefronts or by going to www.VisitOWA.com/OwaPlus. In addition to the other required information, an individual must provide a valid cell phone number to register. Participants must complete all required information in order to be a Member and enjoy any benefits of the Program.

Online Registration: At this time, eligible individuals cannot register electronically or via the World Wide Web.  Notwithstanding the foregoing, the Sponsor may, it in discretion, during the Program’s existence, set-up or establish a method for registering for the Program electronically or via the World Wide Web.     

To the maximum extent permitted by law, all registration materials become the exclusive property of the Sponsor.

Member Verification; Fraud.

The Program Administrator reserves the right to require proof of eligibility (in a form acceptable to the Program Administrator – including, without limitation, government issued photo identification) for any reason the Program Administrator deems necessary, in its sole discretion, for the purposes of administering this Program in accordance with these Terms and Conditions. Failure to provide such proof to the satisfaction of the Program Administrator within the timeline specified by the Program Administrator may result in the cancellation or termination of a purported Member’s membership in the Program. 

Any fraudulent enrollment or abuse of the Program or its benefits by a Member may result in the suspension or termination of your Membership, voiding or forfeiture of any benefits and the rescindment of benefits at your loss.

Member Account Termination.

If a registered Member would like to terminate his/her Membership in the Program, the Member may do so. Termination forms can be obtained from and delivered to OWA Guest Services, at 1501 S. OWA Boulevard, Foley, Alabama 36535, Monday through Friday, between the hours of 9am to 4pm (CST).  As soon as you terminate your Membership, all benefits associated with your participation in the Program will be cancelled and forfeited.

Program Period.

The Program shall be open for Member registrations on April 2, 2021 and shall remain open for new Members until the Program is terminated or modified by the Sponsor.  There is no set Program termination date; however, the Sponsor reserves the absolute right to terminate the Program at any time with or without notice.

Communications.

By becoming a Member, you authorize Sponsor to contact you via email, text message, and postal mail with Program administrative and transactional information both during your Membership in the Program and after your participation in the Program has ended. You also authorize Sponsor to contact you via email, text message, and via postal mail about OWA, it’s participating locations, or Program related promotions, special offers, discounts or contests.

Limitations.

To the fullest extent permitted by applicable law, Program Parties are not responsible for: (i) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures (including but not limited to failures or malfunctions of phone lines, internet, or other communications systems); (ii) failed or unavailable hardware, network, software or telephone transmissions; (iii) causes beyond Program Parties’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Program; (iv) incorrect or inaccurate entry information whether caused by participants, Sponsor, or others; (v) any typographical or other error in the printing or advertising related to the Program, in the administration or execution of the Program, or in the announcement/notification of Program notices; (vi) any human, or other error, which may occur in the Program or administration of the Program; or (vii) fraud by a Member. 

NO WARRANTIES; DISCLAIMER OF WARRANTIES.

THIS PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS‐IS”, AS‐AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SPONSOR AND THE PROGRAM PARTIES (COLLECTIVELY, THE “SPONSOR PARTIES”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE PROGRAM FOR YOU. THE SPONSOR PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK.

WITHOUT LIMITING THE FOREGOING, THE SPONSOR PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION RELATED TO THE PROGRAM IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY, OR CURRENT OR THAT THE PROGRAM WILL OPERATE WITHOUT INTERRUPTION OR ERROR. THE PROGRAM MATERIALS MAY CONTAIN TYPOGRAPHICAL OR OTHER ERRORS OR INACCURACIES, INCLUDING, WITHOUT LIMITATION, REGARDING THE AMOUNT OR VALUE OF A PARTICULAR AWARD, THE NUMBER OF POINTS REQUIRED TO REDEEM A PARTICULAR AWARD, THE NUMBER OF POINTS TO BE AWARDED FOR A PARTICULAR ACTION, THE ABILITY TO REDEEM AN AWARD OR RECEIVE A REWARDS BENEFIT, OR THE CLASSIFICATION OF ANY PROPERTY FOR AWARD PURPOSES. NO SPONSOR PARTY WILL BE RESPONSIBLE FOR ANY SUCH ERROR, TYPO, OR MISPRINT IN THESE TERMS AND CONDITIONS OR ANY PROGRAM MATERIALS.

No Special Damages; No Liability.

In no event will a Sponsor Party be liable to you for any indirect, incidental, special, or consequential damages arising out of or in any way connected with the Program or its administration. 

By participating in the Program, Member accepts all responsibility for, and hereby releases and agrees to hold harmless Sponsor and its subsidiaries, affiliates, agents, promotional and advertising agencies, licensees, distributors, and each of their respective officers, directors, employees, shareholders, successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Member and Member’s participation in the Program, or for any harm or injury caused by any third party in connection with the Program.

Choice of Law; Arbitration; Jurisdiction.

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, or the rights and obligations of the entrant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of Alabama, without giving effect to any choice of law or conflict of law rules.

Any dispute between the Sponsor and a Member (or purported Member) that cannot be quickly and informally resolved by the Program Administrator shall be submitted to binding arbitration in Foley, Alabama, and the parties hereby agree to such binding arbitration in accordance with the procedures set forth below. Arbitration will proceed under the commercial arbitration rules of the American Arbitration Association (“AAA”), except as provided below. The arbitration will be conducted before one arbitrator (“Arbitrator”).   The Arbitrator must be an attorney admitted to practice and in good standing before the highest court of a state and who has at least 20 years of commercial litigation experience. The Arbitrator shall not have the power to award punitive damages. Proceedings to enter judgment upon, enforce, modify or vacate any award or interim injunctive relief may be commenced in the state and federal courts in Baldwin County, Alabama. The forum for the arbitration shall be Foley, Alabama.  If the foregoing arbitration provision is held invalid or unenforceable, every Member irrevocably consents to the exclusive jurisdiction of the federal and state courts located within the county of Baldwin, Alabama, for any action, suit or proceeding arising out of or relating to this Program.

Miscellaneous.

The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.