Quest Achievers Program Terms and Conditions

Quest Nutrition (“Sponsor”)

Quest Achievers Program Terms and Conditions (the “Program”)

PLEASE READ CAREFULLY. By reviewing these Terms and Conditions, clicking "I Agree" on the registration page, and participating, you (or your parent/legal guardian if you are under the age of 18, or 19 if an AL, NE, BC, NB, NS, NL, YK, NWT or NU resident) agree to the following rules governing the Quest  Achievers  Program.

A. Overview of the Quest Achievers Program

The Quest Achievers Program (the "Program") is a rewards program for participating members to earn rewards (“Rewards”) when they perform certain tasks. The Program is subject to these terms and conditions, which are final and binding (“Terms and Conditions”). 

B. Eligibility

The Program is open to legal residents of 50 United States, the District of Columbia, and Canada who are at least 18 years of age or older but in no event under the age of majority in the state or province of legal residence, are an active member of QuestNutrition.com (the “Website”). The Program is void where prohibited by law.

Upon successful registration, you will receive a confirmation and welcome email message that will link to the Website where you can begin earning points. Upon inputting your password, you will become a Rewards member and begin earning points (“Points”) in your Rewards account (“Rewards Account”) as more specifically set forth in Section E below, depending on the Membership Tier (defined below) the member is a part of. These Points will be eligible for rewards (“Rewards”). Limit one (1) Rewards Account per person, but multiple Rewards Accounts from the same household are acceptable. Rewards Accounts are limited to a single individual. No sharing accounts with any other person allowed.  Only Rewards Account holders can earn Rewards. 

Rewards Account holders should promptly update their member Profile to reflect any changes to personal information such as name, address, mobile phone number and email address by visiting the Website, and going into the account setting to make any necessary updates. Sponsor reserves the right to cancel any account for which it has incomplete, inaccurate, false or fictitious personal information which will result in any Rewards earned being forfeited.

C. Duration of Program

The Program begins at 12:00:00 a.m. Pacific Time ("PT") on January 1, 2021 and ends on a future date to be solely determined by Sponsor at Sponsor’s sole discretion (“Rewards Period”). Subject to compliance with applicable law, Sponsor reserves the right to suspend, modify, extend, or cancel the Program, at its sole discretion, with at least sixty (60) days’ written notice before the amendment/termination comes into effect, and by posting updated Terms and Conditions on the Website (see Section H below).

D. Earning Rewards

There are multiple ways for customers to earn points. Please see Tier Breakdown below for specifications.

E. Membership Tiers

There are three (3) Membership tiers in this Program (each, a “Tier”). Each Tier has different qualifications and benefits, as follows:

Points that are earned will automatically be credited to each Rewards Account. Once points are redeemed for Rewards, those Points will be removed from the user’s Rewards Account. Rewards members may not combine, transfer or sell Points accrued in Rewards Member’s Account to any other person.  Any attempt to combine, transfer or sell Points accrued in Rewards member’s Rewards Account to any other person will result in disqualification from the Program and forfeiture of all Points earned in the Rewards Account. Sponsor reserves the right to take any action it deems appropriate in its sole discretion in the event that it believes, in its sole discretion, that any Rewards member has violated any of these provisions. Sponsor reserves the right to change, add, or remove the methods by which Rewards members can earn Points or Rewards.

Points are void if (a) not obtained in accordance with these Terms and Conditions and through legitimate channels; (b) any part of the Reward is counterfeit, altered, defective, tampered with or irregular in any way; or (c) obtained as the result of a sale or transfer which Sponsor, in its sole discretion, determines is in violation of these Terms and Conditions and the objectives of the Program. The Points for Rewards earned will appear in the Rewards Member’s Available Points Account upon completing any of the ways to earn Points as set forth in Section D above. There may be instances where there is a delay in Points appearing in the Rewards Account.

If a Rewards Member believes that Points were not properly accrued to his/her Rewards Account, the Rewards member must notify Sponsor by using the email address support@questnutrition.zendesk.com or using the Contact Us page on the Website, within 14 days after submission of proof of purchase or completion of a qualifying action. In no event will Sponsor be responsible for any errors or omissions not brought to Sponsor’s attention during the 14-day notice period.

In its sole discretion, Sponsor reserves the right to reverse Points previously credited to a Rewards Account, if, upon Sponsor request, earning of such Points cannot be properly verified.  Sponsor’s decisions regarding the awarding of Points are final and binding. If Sponsor determines that previously-verified Points are invalid for any reason, Sponsor reserves the right to remove the applicable Points from the Rewards Member's Rewards Account.

F. Redeeming Rewards

1. Rewards Members can redeem their Points for Rewards, including products available on the Website.
2. A Rewards member must have the minimum required number of Points as listed in the tiers above , in order to obtain a Reward. Once a Reward is selected via redeeming Points, it is non-refundable and will not be returned to the Rewards Account. All redemptions of Points for Rewards are final. Refunds, exchanges and other similar issues regarding Rewards are not the responsibility of Sponsor.
3. The Points that have accrued in a Rewards Account have no cash value, are not transferrable, and are only redeemable for Rewards via the Program as specified in these Terms and Conditions.

H. Modifications and Termination of the Program (subject to applicable law)

1. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, the duration of the Rewards Period, methods by which Rewards members may earn Points, the Point/Rewards values, eligibility requirements, manner of participating in the Program, Program Tiers and the number of Points required for certain products through the Website. In the event these Terms and Conditions are modified, there will be a notice of such modification on the Website’s log in page.
2. For any material modifications, Reward members will receive at least sixty (60) days’ written notice by email before the amendment/termination comes into effect. Any proposed modification will be described in the notice, including showing the new clause (or the amended clause and how it previously read), as well as the date on which the proposed modification will come into effect. A Rewards member who does not agree to the modification may choose to leave the Program without cost by giving us written notice of cancellation up until thirty (30) days after the date that the modification comes into force; that Rewards member will have a subsequent forty-five (45) days to redeem any Points. Contact information for cancellation will be included in the notice. Upon termination or expiration of the Rewards Period and the Program, all remaining Points will be forfeited, are no longer redeemable for Rewards, and are not eligible for a refund or credit.
3. A Rewards member's continued participation in the Program constitutes the Rewards member's acceptance of any changes to these Terms and Conditions. Rewards members are responsible for remaining knowledgeable of any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at the Website and will supersede all previous versions of these Terms and Conditions. Additionally, Rewards members will be notified of any updates or changes to the Privacy Policy and Terms and Conditions through an opt-in upon first visit after either have been updated and accessible on the Website.

I. Points Expiry

If a Rewards member hasn’t accrued or redeemed Points for one (1) year, that Rewards member’s Points will expire. We will first send an email to the Rewards member to give notice that the Points will expire due to the inactivity. This notice will confirm the date upon which the Points will expire, and will be sent to the Rewards member between 30 and 60 days before the date of points expiry.

J. General Terms and Conditions

1. To learn how the personal information collected in connection with the Program may be used, participants should read Sponsor's Privacy Policy for the Website which is available at https://www.questnutrition.com/pages/legal?privacy-policy.  The terms of Sponsor's Privacy Policy for the Website are incorporated herein by reference.
2. The Sponsor reserves the right to discontinue the participation privileges of any Rewards member who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or with any federal, state, provincial, territorial or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Points. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
3. Sponsor reserves the right to rescind Points credited to a Rewards Account which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program.
4. The Program is provided to individuals only. Corporations, businesses, charities, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Rewards Account for the purpose of accumulating Points for combined use.  

K. Limitation of Liability

1. Not applicable where prohibited by law, including in Quebec. The Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by Rewards member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Quest Nutrition, nor their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR OFFERED REWARDS THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES ANY REWARDS MEMBER ANY POINTS OR REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS OR REWARDS. BY PARTICIPATING IN THE PROGRAM, REWARDS MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its affiliates, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered as a Reward. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR, AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED OR SOLD BY ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Rewards members agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.
2. As a condition of participating in this Program, each Rewards member agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in California; (2) any and all claims, judgments and Rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will any Rewards Member be permitted to seek recovery for, and Rewards Member hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Rewards Member and the Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
4. These Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. 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 (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
5. 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.

Sponsor:

Quest Nutrition
777 Aviation Blvd
Suite 100
El Segundo, CA
90245