EMS REWARDS TERMS & CONDITIONS

EMS Rewards is sponsored by Eastern Mountain Sports, Inc., a Delaware Corporation, with offices located at 1 Vose Farm Rd., Peterborough, NH.  By joining EMS Rewards, you agree to the following terms and conditions.

GENERAL

The EMS Rewards Program and its benefits are offered at the sole discretion of Eastern Mountain Sports, Inc. Eastern Mountain Sports has the right, at any time, with or without notice, to terminate the Program or to change the Program rules, terms, conditions, benefits or rewards, in whole or in part, even though such changes may affect the eligibility for redemption or the value of points already accumulated, the value of the previously earned Reward Certificates and/or the time for redemption of rewards Certificates. All interpretations of Program terms and conditions shall be at the sole discretion of Eastern Mountain Sports and such interpretations are binding on Program members.   Eastern Mountain Sports will determine, in its sole discretion, the manner in which it will provide notice, if any, of the termination or changes to the Program

MEMBERSHIP

Membership in the EMS Rewards Program is open only to individual residents of the United States, its Territories or Canada who are at least 18 years of age, and who have a valid email account. Companies, schools, clubs, groups, organizations, or others making commercial or bulk purchases are not eligible for membership. No purchase is necessary to become an EMS Rewards member.

Participation in the Program is void where prohibited by law. The Program will be void in any state or other jurisdiction where Eastern Mountain Sports has to apply for any special license, bonding, permit or other governmental regulatory approval.

HOW TO JOIN

There are two ways to become a member:

  1. Online: Click here, and follow the prompts to complete your registration profile and activate your account.
  2. In-store and at our schools; Visit any Eastern Mountain Sports retail or school location and provide the associate with your name, phone number, and email address. You will receive an email 24 to 48 hours after you sign up in store with instructions on how to complete your registration profile and activate your account.

EARNING POINTS

Starting on September 1, 2012, members can earn points on the net value (purchase total after any discounts, coupons, applicable taxes, shipping charges, or Rewards redemption) of the following;

  • Merchandise purchased from Eastern Mountain Sports retail stores, ems.com, and from the Eastern Mountain Sports store on eBay.com:
    • For every dollar spent on regularly-priced EMS Brand Merchandise, members will earn ten (10) points.
    • For every dollar spent on regularly-priced product from Brands other than EMS, members will earn five (5) points
    • For every dollar spent on clearance/outlet merchandise, regardless of brand, members will earn one (1) point.
  • The purchase of services, rentals at select Eastern Mountain Sports locations
    • For every dollar spent on rentals and services, members will earn ten (10) points.
  • The purchase of Lessons and guiding services from Eastern Mountain Sports Outdoor Schools.
    • For every dollar spent at our schools, members will earn ten (10) points.

Points may also be earned from time to time through special offers and promotions, at the sole discretion of Eastern Mountain Sports.

Please note; Members who activate their Rewards account prior to September 1, 2012, will receive exclusive discounts and offers. However, as stated above, points cannot be earned on any purchases made prior to September 1, 2012.

Points will NOT be earned on the following: purchases made prior to joining EMS Rewards, purchases made prior to September 1, 2012, sales tax, shipping, reward redemptions, the purchase of gift cards or gift certificates, merchandise exchanges, warranty purchases, or third party services. Points may not be earned on bulk purchases. Points will be deducted for returned merchandise, cancelled orders, cancelled lessons or guiding services.

It is the responsibility of EMS Rewards Members to identify themselves as such with every purchase of merchandise, equipment rental or lesson in order to assure [1]accurate tracking of points. To do this in an Eastern Mountain Sports retail stores, members must provide the cashier with the name and phone number associated with their EMS Rewards account. To earn points on purchases made online or by phone, members must utilize the name, email address and phone number associated with their EMS Rewards account at checkout.

Points will be credited to one EMS Rewards account per qualifying purchase, even if a member has more than one EMS Rewards account.

POINTS EARNINGS CYCLES & REWARDS ISSUANCE

Points are earned during two six month periods each year. The first period begins September 1 and runs thru the end of February. The second period begins March 1 and run through the end of August.

EMS REWARDS CERTIFICATES

Rewards Certificates will be issued via email to members 30 days after the preceding earnings cycle. The redemption value of the Rewards Certificates will be tallied at one cent for every point earned. Ex: 1241 points = $12.41.

Rewards Certificates can be redeemed only within 180 days from the date of issuance, and balances that are not used within that period expire.

Rewards Certificates are not transferable and EMS reserves the right to further limit the time within which you may redeem Rewards Certificates. Rewards Certificates may only be redeemed for merchandise, services, rentals and lessons at Eastern Mountain Sports Schools as explained below, have no cash value and cash and cannot be redeemed or exchanged for cash. Members will not be paid for unused Rewards Certificates or unused balances on them.

Program points and Rewards Certificates may be subject to federal, state, or other taxes and such taxes are your sole responsibility.

REDEEMING REWARD CERTIFICATES

Rewards Certificates (i) can be redeemed in connection with merchandise purchases made on line at www.ems.com, in our stores or by phone; services and rentals offered at select Eastern Mountain Sports retail locations; or for lessons offered through our Eastern Mountain Sports Schools and (ii) may not be redeemed for gift cards, store credit, on-line gift certificates, shipping and taxes, select products, or warranty service or other services provided by third parties. Rewards certificates cannot be used to purchase product from eBay or any other third party websites with which Eastern Mountain Sports is affiliated.

Merchandise returned that was purchased with a Rewards Certificate will have balance used in connection with the returned merchandise credited to their Rewards Certificate; however, the Certificate will be valid only up to, and will expire on, its original expiration date. In the event that merchandise purchased with a Rewards Certificate is returned beyond the original expiration date of the Rewards Certificate, the member is eligible for a one time exchange on the day of the return. No further credit will be issued and any remaining balance cannot be redeemed.

YOUR REWARDS ACCOUNT

Members can, and are advised to, manage their account, check Rewards balances, points account balance, and print reward certificates by logging into their personal account at rewards.ems.com. Point balances and reward information will be updated within 2 weeks after the purchase of merchandise in our stores. Points for lessons at our Schools will be updated within 2 weeks after the completion of the lesson. Points for online transactions will be posted within 30 days after the merchandise is shipped.

Members are responsible for notifying Eastern Mountain Sports of any changes to their Rewards account, including name, address, e-mail, and phone number of address.

If an individual member has more than one account, Eastern Mountain Sports may, in its discretion, merge the accounts into one. Email rewards@ems.com or call 888-463-6367 for assistance.

POINT DISCREPANCIES AND DISPUTES

Members are responsible for monitoring their own point balances, and must report discrepancies within 21 days of a qualifying purchase. Discrepancies should be reported by email to rewards@ems.com and must include in the correspondence the member name, phone number, the order or transaction number found on the register receipt and/or copy of the purchase order in question. Eastern Mountain Sports will make reasonable efforts to verify purchase data and correct discrepancies when possible. Points for verified purchases will be added to your account when practicable.

CANCELLATION AND TERMINATION

EMS Rewards has no predetermined termination date and will continue until such time as Eastern Mountain Sports, in its sole discretion, elects to designate a Program termination date. Eastern Mountain Sports has the right to end the Program at any time without providing notice to members.

In addition, Eastern Mountain Sports reserves the right to terminate your EMS Rewards membership, and void any points in your account, if Eastern Mountain Sports determines, at its sole discretion, that you violated any of these terms and conditions or any applicable law, earned points via deception, forgery, fraud, or committed any other abuse of EMS Rewards.  Multiple accounts corresponding to the same email address may be subject to termination without notice and forfeiture of points.

EMS Rewards accounts may be cancelled by the member at any time by contacting rewards@ems.com, or by calling 1-888-463-6367. If your account is cancelled, any points which remain in your account will be forfeited and no Reward Certificates will be issued.

HOW TO CONTACT US

For information about your EMS Rewards account, to update your account information, or to review the most recent EMS Rewards Terms and conditions, visit rewards.ems.com.

You can contact EMS Rewards Customer service:

By Email: rewards@ems.com

By Phone: 1-888-463-6367

By Mail: EMS Rewards, Eastern Mountain Sports, 1 Vose Farm Rd., Peterborough, NH 03458

PRIVACY POLICY

Personal information provided as part of EMS Rewards will be governed by the Eastern Mountain Sports Privacy Policy, and the Privacy Policy is incorporated by reference into these terms and conditions. You may access the Privacy Policy by clicking here.

By joining EMS Rewards Program, you as the member, agree that Eastern Mountain Sports may collect, retain and use all information acquired by Eastern Mountain Sports as a result of your participation in the Program. Eastern Mountain Sports may use such information for account management, customer service and related purposes and otherwise as permitted by its Privacy Policy or required by law. In addition, you agree to receive member advertising, marketing materials, and other communications from Eastern Mountain Sports. You may opt out of receiving promotional emails by clicking on the opt-out button on the bottom of the email and following the instructions. After doing so, you will still receive emails about your EMS Rewards account, including accumulated points, Reward Certificates, and other eligible account offers. If you wish to stop all emails from Eastern Mountain Sports, you must cancel your EMS Rewards Account.

ADDITIONAL TERMS

You are solely responsible for maintaining the email account you used to join EMS Rewards. Eastern Mountain Sports is not responsible for communication errors, including distribution of Rewards Certificates or other offers, due to a change of your email address or other changes your contact information. Abuse of the Rewards Program (for example, by failing to follow Program policies, allowing others to use your membership number or other improper conduct as determined by Eastern Mountain Sports at our sole discretion) may result in termination of your participation and disqualify you from future Rewards Program participation. In all matters relating to the administration of EMS Rewards, the decisions of Eastern Mountain Sports shall be final. Eastern Mountain Sports shall not be liable for any claims, actions, injury, loss or damage of any kind, resulting from EMS Rewards. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Eastern Mountain Sports, ITS PARENT OR ANY OF SPONSOR’S SERVICE PROVIDERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM EMS REWARDS, EVEN IF Eastern Mountain Sports, ITS PARENT OR ANY OF ITS SERVICE PROVIDERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN EMS REWARDS, YOU HEREBY RELEASE EASTERN MOUNTAIN SPORTS, ITS PARENT OR ANY OF ITS SERVICE PROVIDERS OR AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) RELATING TO YOUR EMS REWARDS MEMBERSHIP, USE OF REWARDS CERTIFICATES OR OTHER OFFERS, AND YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. These terms and conditions shall be governed by the laws of the State of New Hampshire. Members must bring any legal proceeding arising under or relating to EMS Rewards shall be only in the federal or state courts located in New Hampshire. These terms and conditions represent the entire agreement between you and Eastern Mountain Sports pertaining to your EMS Rewards membership. 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, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. 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.

Content Last Updated January 30, 2013