TERMS & CONDITIONS
In order to register for the Luke UP Rewards Loyalty Program (“Loyalty Program”) and to access and use the Loyalty Program website (“Site”), you must agree to these Terms and Conditions as follows:
Eligibility: The Loyalty Program is only available to legal residents of the United States and the District of Columbia. Only one account is allowed per member.
Enrollment: In order to enroll as a “Member” of the Loyalty Program, you must download the app from Google Play or App Store and register your name, address, phone number and e-mail address. If you do not have a smartphone you can register at https://lukeuprewards.myguestaccount.com/guest/
Sweepstakes, contests and other promotions: The Loyalty Program may offer sweepstakes, contests or other promotions that may have rules or their own terms and conditions. Members are required to read those rules and terms and conditions, and to agree and accept to be bound by them in order to participate.
Suspension/Termination of Membership: Luke UP Rewards reserves the right in its sole discretion to suspend a member’s membership in the Loyalty Program in the event of any suspected misconduct, including suspending the member’s ability to redeem any rewards earned in connection with his/her membership in the Loyalty Program. If Luke UP Rewards concludes in its sole discretion that the member has engaged in misconduct or that his/her account has been compromised, it may terminate the Member’s membership, including but not limited to terminating the member’s ability to redeem rewards earned in connection with his/her membership in the Loyalty Program.
Modification of Terms and Conditions: Luke UP Rewards reserves the right in its sole discretion to modify at any time these terms and conditions. Any such changes are effective immediately and the member’s continued enrollment in the Loyalty Program and/or use of the site confirms that he/she accepts the changes and agree to be bound by them.
Termination of Loyalty Program: Luke UP Rewards reserves the right in its sole discretion to terminate the Loyalty Program. If the Loyalty Program is terminated, members benefits will no longer be applicable and members will no longer earn rewards.
Ownership of Site Content: All of the contents of this site are owned and copyrighted by Luke UP Rewards and are protected as intellectual or proprietary property. Use of any of the site content without prior consent by Luke UP Rewards is strictly prohibited.
Limitation of Liability and Disclaimer: Members use the site at their own risk. Luke UP Rewards is not liable for any direct, indirect, special or other damages or losses that may result from the Member accessing this site or using information, services or merchandise provided through Luke UP Rewards. This site and the information included on the Site are provided by Luke UP Rewards “as is” without any warranty of any kind either expressed or implied. Luke UP Rewards is not responsible for interrupted or unavailable network server or other connections, miscommunication, computer transmissions or jumbled, scrambled or misdirected transmissions, or for electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Loyalty Program. Luke UP Rewards liability for rewards containing printing or other errors, if any liability exists, is limited to replacement with other rewards, while supplies last.
Release: Member hereby releases and agrees to indemnify and hold harmless Luke UP Rewards from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the Member’s participation in the Loyalty Program, or the receipt, use or misuse, of any rewards.
Privacy: Any information that a member provides to Luke UP Rewards will only be used to identify that member’s account and will never be shared with any 3rd parties.
Choice of Law: These terms and conditions are governed by and are to be construed in accordance with the laws of the State of Indiana.
Disputes to Be Resolved Through Arbitration: Except where prohibited by law, by participating in the Loyalty Program, the member agrees that any action arising out of or relating in any way to the Loyalty Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The arbitration shall be held at a location in the state in which the Member lives. The arbitrator’s decision shall be controlled by these terms and conditions and any of the other rules referenced herein. The arbitrator shall not have the power to award punitive damages against Luke UP Rewards or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only the member’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or members who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Members also agree that (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; and (b) under no circumstances will members be permitted, and members hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the forum. If any provision or provisions of these terms and conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.