Terms & Conditions

DREW DIPLOMAT PROGRAM TERMS & CONDITIONS

Effective Date: April 29, 2016

Subject to the terms and conditions (“Terms & Conditions”) set forth below, members of the Drew Diplomat Program (“Drew Diplomat Program” and “Program”) will earn reward points in connection with Qualifying Action as defined herein that are redeemable towards future qualifying promotions.

1. PROGRAM MEMBERSHIP
   1. ELIGIBILITY: NO PURCHASE IS NECESSARY TO JOIN THE DREW DIPLOMAT PROGRAM. You must be age at least twenty-one (21) years of age or older and a resident of the United States (including D.C.) to be eligible for membership in the Program. Persons under the age of twenty-one (21) years of age, shall not be eligible for participation in the Program. The Program is limited to individual membership only, and is limited to one (1) membership account per individual.   Employees of SWI-DE, LLC d/b/a Drew Estate, (“Drew Estate”) and its parents, subsidiaries, affiliates, and divisions, and the officers, directors, shareholders, agents, employees, representatives, associates, successors and assigns (collectively, “Entities”) of each such entity, are not eligible to participate in promotions, but shall be permitted to earn points in the Program. The Program is void where prohibited or restricted by law. Program accounts are not transferable and are not for sale, resale, or barter. Drew Estate and its affiliates may also have other similar customer loyalty programs; membership in the Drew Diplomat Program does not confer any rights or benefits in any other programs of Drew Estate or its affiliates.
   2. ENROLLMENT: BY PROVIDING YOUR INFORMATION FOR PARTICIPATION IN THE PROGRAM, YOU AGREE, TO BE BOUND BY THESE TERMS & CONDITIONS IN THEIR ENTIRETY. In order to become a member of and participate in the Program, you must provide mandatory minimum personally identifiable information, including your first name, last name, email address, mailing address, and phone number. All such personally identifiable information will be maintained in accordance with Drew Estate’s Privacy Policy.
   3. PRIVACY/DATA COLLECTION: Drew Estate collects and uses the personal information you provide to enable members of the Program to participate in the Program and for the purpose of administering the Program. All such personally identifiable information is subject to and treated in accordance with Drew Estate’s Mobil A           pp Privacy Policy, which can be found at http://www.drewdiplomat.com/privacy. BY SUBMITTING AN APPLICATION FOR THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND CONSENT TO DREW ESTATE’S PRIVACY POLICY AND ITS TERMS OF USE. YOUR DATA WILL BE USED ONLY FOR THE PURPOSE OF ADMINISTERING THE PROGRAM and/or other limited purposes as outlined in the Mobile App Privacy Policy, including but not limited to the Section entitled “How We Use You Information”.
   4. HOW TO OPEN AN ACCOUNT: You may apply to open a membership account by downloading the Application from the Apple Store or the Google Play Store (the “App”).
   5. UNIQUE MEMBERSHIP IDENTIFIER: Each Program member (“Member”) will be assigned a unique customer account (“Account”), after providing the Member’s name, email address, phone number, address, and/or a combination thereof. Members will not receive a membership card or membership number – Member Accounts will be identified by Member name and email address.
   6. HOW TO UPDATE MEMBER INFORMATION: Members are responsible for keeping the personal information associated with their corresponding Account, including email address, address, and phone number, current by contacting Drew Estate at [email protected] or on the App with any changes to such information.
   7. ACCOUNT CANCELLATION: You may cancel your Account/Membership and participation in the Program at any time by contacting Drew Estate at [email protected]. Members may be requested to provide suitable identification in order to assist with verification of Account ownership and to assist with the protection and safeguarding of personal information. Upon cancellation, any unused points accrued in your Account will be forfeited and cannot be redeemed for any promotions. FURTHER, DREW ESTATE MAY CANCEL YOUR ACCOUNT IF, IN ITS SOLE DISCRETION, DREW ESTATE DETERMINES THAT: YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS FOR MEMBERSHIP STATED IN THESE TERMS & CONDITIONS; YOU OBTAINED OR MAINTAINED MEMBERSHIP BY MEANS OF FRAUD OR OTHER DECEPTIVE PRACTICE; AND /OR YOU ARE IN VIOLATION OF THESE TERMS & CONDITIONS. Drew Estate reserves the right, in its sole discretion and at any time, to cancel, modify, suspend or restrict the Program and/or these Terms and Conditions, in whole or in part, or any aspect of the Program, in whole or in part, including, without limitation, Membership eligibility requirements, the Reward Point earning/accumulation ratio, the Reward Point redemption policy, and the Reward Point expiration policy. Drew Estate may take any such action(s) without advance notice. Drew Estate may make such changes even though such changes may affect the ability of Members, individually or collectively, to use Reward Points already accumulated. At all times, Members are solely responsible for remaining knowledgeable about, and in compliance with, these Terms & Conditions.
2. HOW TO EARN POINTS
   1. GENERAL TERMS: Members can earn Program Reward Points (“Reward Points”) by a qualifying action (“Qualifying Action”) through the App. Reward Points are not the property of the Member. Reward Points are not transferable to any other person or Program Account. Additionally, Reward Points can’t be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce.
   2. EARNING POINTS AND POINT CALCULATION: All Members earn Reward Points in accordance with the attached Schedule of Reward Points (“Schedule”) for each Qualifying Action. Certain Qualifying Actions may be limited in how many times and how often they may occur per the Schedule to earn Reward Points. Drew Estate reserves the right to supplement the Schedule at any time with special promotional Reward Point offers and it is your obligation to review the App or Web Site for such offers.
   3. ACCRUAL AND CONFIRMATION OF POINTS EARNED: Reward Points will be credited to your Account in approximately 72 hours following the corresponding Qualifying Event. For all Qualifying Events, the amount of Reward Points earned during a Qualifying Event will be reflected on your App Account or Account webpage. Drew Estate reserves the right to determine the amount of Reward Points in any Member’s Account based on Drew Estate’s internal records related to such Member’s Account. A Member’s Reward Points balance, as reflected in Drew Estate’s records, shall be deemed correct. Drew Estate assumes no responsibility for errors caused by incorrect Member information. REWARD POINTS ARE NON-TRANSFERABLE AND CANNOT BE REDEEMED FOR CASH. The transfer and/or sale of Reward Points is strictly prohibited, and may result in the confiscation or cancellation of your Reward Points as well as suspension or termination of your Membership, in the sole and absolute discretion of Drew Estate. Reward Point may roll over from year to year, until the official termination of the Drew Diplomat Program.
3. HOW TO REDEEM REWARD POINTS
   1. GENERAL: Reward Points earned by a Member may be redeemed only for entry into individual promotions in accordance with the specific terms and conditions as set forth below.
   2. REDEMPTION OF REWARD POINTS FOR PROMOTIONS.      Members may use each point for an entry into any of the monthly, annual or special event promotions as they so elect by using the App to enter the corresponding number of entries. All promotions shall be governed and controlled by the Official Rules of each individual promotion and Members must provide their consent for each promotion prior to entry therein.
4. RESTRICTIONS
   1. RESTRICTIONS ON ACTIVITY. Members may not, when using the Program and interacting with Drew Estate and other Members of the Program:
      1. copy the App or its content or services, except as expressly permitted by this Agreement;
      2. modify, distribute, translate, publish, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App or content or services;
      3. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
      4. remove, delete, alter or obscure any trademarks or any copyright, trademark, service mark, patent or other intellectual property or proprietary rights notices from the App or content or services, including any copy thereof;
      5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
      6. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App;
      7. violate any laws or regulations when using the App;
      8. take any actions that may impose an unreasonable or disproportionate strain on Drew Estate’s network or computer infrastructure, including but not limited to, uploading any viruses or other malicious computer code;
      9. engage in any behavior designed to hack into or gain unauthorized access to protected areas of Drew Estate’s computers or computer/network systems; or
      10. use any automated technology to spider, scrape, or data mine any of Drew Estate’s computer systems.
   2. USER GENERATED CONTENT.
      1. The App may allow you to upload your own user generated content (“UGC”) in certain areas. This may include, but is not limited to, photographs, images, graphics, videos, and/or text.
      2. Any UGC you upload/post to the App is done on a non-proprietary and non-confidential basis, and you agree that Drew Estate has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC for the purpose of operating and/or marketing the App or any related services offered through the App.         This license includes any right of publicity rights that may be present in the UGC.
      3. Drew Estate is not required to treat any UGC as confidential.
      4. You further agree that you will not upload/post to the App any UGC that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity.         You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload/post.
      5. You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any UGC uploaded/posted by you to the App or you have been granted the right by the owner to upload/post the UGC; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity.
      6. Drew Estate reserves the right to refuse, delete, or edit any UGC without cause and without notice for any or no reason including, but not limited to, for any action that Company determines is inappropriate or disruptive to the App or to any other user of the App.
      7. Drew Estate is under no duty to, and does not represent it will, monitor and/or remove any UGC.
      8. Drew Estate reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC.
      9. By accepting this Agreement, you waive and hold harmless Drew Estate from any claims resulting from any action taken by Drew Estate during or as a result of Drew Estate’s investigation and/or from any actions taken as a consequence of investigations by either Drew Estate or law enforcement.
      10. Please note that Drew Estate does not accept unsolicited content or ideas you may attempt to transmit to Drew Estate directly. As such, we take no responsibility for such transmitted content or ideas. If you do send Drew Estate unsolicited content or ideas, you agree that Drew Estate may use such content and ideas in any way Drew Estate wishes without any compensation to you.
   3. COPYRIGHT INFRINGEMENT NOTIFICATION.
      1. If you believe that any content available on or through the App infringes your copyright and you want the content removed from the App, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to Drew Estate’s Designated Agent for notice of claims of copyright infringement as provided below:
         1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
         2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site or location are covered by a single notification, a representative list of such works at that site or location.
         3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Drew Estate to locate the material.
         4. Information reasonably sufficient to permit Drew Estate to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
         5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
         6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Drew Estate’s Designated Agent is: SWI-DE, LLC 12415 SW 136th Ave, #7, Miami, FL 33186, facsimile (786) 581-1810, telephone (786) 581-1800, email [email protected].
      3. Drew Estate takes copyright and other intellectual property issues seriously, and will terminate any App users or related accounts that are connected to valid and repeat copyright infringement complaints.
      4. If you believe that any content on the App violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to [email protected] detailing your allegation. Drew Estate takes infringement of intellectual property rights seriously and will investigate the matter.

4. OTHER TERMS & CONDITIONS

1. Nothing in these Program Terms and Conditions will limit Drew Estate from exercising any legal rights or remedies that it may have.
2. Other than the exceptions referenced in this Agreement or noted elsewhere, all other intellectual property rights in the App and its underlying code are owned by Drew Estate.
3. Drew Estate has the sole discretion to interpret and apply the Program, and all questions or disputes regarding these Program Terms and Conditions will be resolved by Drew Estate in its sole discretion.
4. Drew Estate, its parent, subsidiaries, affiliates, franchisees, and agents make no guarantees, warranties or representations of any kind, expressed or implied, with respect to items of merchandise, and shall not be liable for any loss, expense (including without limitation, any legal fees), accident or inconvenience that may arise in connection with the use of such items or as a result of any defect or failure of such items. Any implied warranties of merchantability or fitness for a particular purpose are specifically disclaimed.
5. Drew Estate is not responsible for: (1) any incorrect or inaccurate information, whether caused by participants or by any of the equipment or programming associated with or utilized in the Program; (2) unauthorized human intervention in any part of the points calculation or the Program; (3) technical or human error which may occur in the administration of the Program or the processing of Program memberships, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4), late, lost, undeliverable, or damaged mail; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Program or receipt or use of any reward or while traveling to or from any Program-related activity.

SCHEDULE OF QUALIFYING ACTIONS TO EARN REWARD POINTS

To download the Terms & Conditions, click here.