HT+1 Terms and Conditions

Untitled Document

HT+1® TERMS AND CONDITIONS
These Terms and Conditions contain important information about HT+1. Please read carefully before you enroll. By entering your information and creating an account, you're agreeing to these Terms and Conditions. 
ELIGIBILITY: The Hot Topic loyalty program ("HT+1 " or the "Program") is made available by Hot Topic, Inc. ("Hot Topic"), and is offered to residents of the United States, Puerto Rico, Canada and Mexico who have a valid email account. No purchase is necessary to become a member. Other U.S. territories and possessions cannot participate in the Program at this time. Some states may restrict participation in the Program. Details about any state restrictions are available during online registration. Children under the age of 13 must enroll through a parent or legal guardian. Enrolled and active members can receive benefits based on participating in activities and/or purchasing products sold at participating Hot Topic retail stores or through Hot Topic's web site: www.hottopic.com ("Web Site"). Hot Topic employees are not eligible for participation in the Program. 
REGISTRATION: To participate in HT+1, you must create a member account ("account") by registering your information with Hot Topic in a Hot Topic store, on our kiosks, or on the Web Site. You must have a valid email address to receive offers and other Program benefits. One email address per account. It is your responsibility to read the full Terms and Conditions at the time that you register. By providing the required information to Hot Topic and creating an account, you're confirming that you've read and agreed to the Terms and Conditions. 
BENEFITS: All active members of HT+1 are automatically eligible for the following:
·      You will receive a discount on Hot Topic merchandise for your birthday. 
·      You will have the opportunity to participate in exclusive promotions. 
·      You will receive advance notice about in-store events, sales and new merchandise in stores and online via email from Hot Topic. 
·      You will be able to shop online faster by storing your shopping preferences. 
·      When you make purchases in our stores or online at the Web Site, and even when you just visit a Hot Topic Store or kiosk, you'll be able to earn points ("Points") toward other benefits offered from time to time. For each purchase you make while you are an active member, you'll receive one hundred (100) Points for each dollar of the net purchase price of all items purchased. The "net purchase price" is the price of the item(s) purchased only (excluding money donated for charity), and will not include taxes, delivery and shipping costs, price alterations and purchases of gift cards. Points will post to your account within 14 days from the date of any qualified in-store or online purchase. Unused Points will expire 18 months from the day they are posted. If merchandise is returned, the earned Points will be deducted from the oldest Points in your account (the Points that are closest to expiration). Members may also earn Points by visiting participating Hot Topic retail stores. Ten (10) Points will be awarded per store visit. However, Points will only be awarded once per day and will only be awarded if the member registers the store visit with a store sales associate or on our Hot Topic kiosks. Once you have accumulated 15,000 Points, you will receive a 15% discount on your next Hot Topic purchase in a store or online. Hot Topic will notify you by email when you've earned the discount. The email message will give you details about how to take advantage of the discount. Points have no cash value and may not be purchased or redeemed for cash or credit. 

HOW TO BE AN ACTIVE MEMBER: To be an active member, just show your membership card to the sales associate when you visit a Hot Topic Store, visit a Hot Topic kiosk or sign in to the Web Site. You can also be an active member when you make a qualified purchase at a Hot Topic Store or on the Web Site. If you do not do any of these things for 18 months in a row, Hot Topic will assume that you no longer want to be a member in our loyalty program and we'll automatically cancel your membership. 

MEMBERSHIP CANCELLATION, MODIFICATION, AND TERMINATION:
·      The Terms and Conditions may change from time to time, and notices of these changes will be posted on Hottopic.com. Changes will take effect within 5 days after they are posted, so you should check the Web Site frequently. 
·      Hot Topic reserves the right to suspend and/or terminate your enrollment in the Program at any time, without any further obligation, if there is suspicious or illegal activity, or any actual or suspected violation of these Terms and Conditions, in connection with your account. 
·      Hot Topic will cancel your membership if you are not an active member for 13 months, as described in the "Benefits" section above. 
·      You may cancel your membership at any time by notifying Hot Topic Customer Service by mail at HT+1 Loyalty Program, 18305 E, San Jose Avenue, City of Industry, CA 91748
·      You may also cancel your membership by emailing us at HTPlus1@hottopic.com or simply call Hot Topic Customer Service at 1-800-892-8674. For international callers, please contact us at 1-626-709-1189. Cancellation may take from 6 to 8 weeks to complete. 
·      Hot Topic may suspend or cancel the Program at any time at its sole discretion. 
·      Any term or condition in these Terms and Conditions which is prohibited by law will not be effective or binding, and will have no effect on the validity and interpretation of the remainder of these Terms and Conditions. Taxes may apply where required by law. 

PRIVACY/CHILDREN UNDER 13:
·      The information that you provide when you register to become an HT+1 member will be subject to the Hot Topic Privacy Policy. The Privacy Policy can be accessed through the Web site by clicking on the Privacy Policy link, or you can go directly to http://www.hottopic.com/hottopic/cs/CustomerService/PrivacyPolicy.jsp. You can also ask to see an online version in a Hot Topic Store. 
·      For a child under the age of 13 to participate, the child's parent or legal guardian must provide verifiable consent as set forth in the Hot Topic Children's Privacy Policy. To read the Children's Privacy Policy, access the Web site and click on the Children's Privacy Policy link or go directly to http://www.hottopic.com/hottopic/cs/CustomerService/PrivacyPolicy/ChildrensPrivacyPolicy.jsp. 
·      Both the Privacy Policy and the Children's Privacy Policy are incorporated by reference into these Terms and Conditions. 
·      We will occasionally send you information on products, services, special deals and promotions. Out of respect for your privacy, we present the option not to receive these types of communications. You may opt out of these mailings by following the directions for opting out in the email. 
·      We will still send you email about the HT+1 program to tell you about offers and rewards you may be able to obtain, but you can opt out of receiving email about the HT+1 program completely by stopping your participation in the rewards program. Members may choose to opt out of the Program at any time by providing notice via mail or email; however, all Points shall be forfeited at such time. 

ADDITIONAL LEGAL INFORMATION:
·      These Terms and Conditions and our legal obligations are subject to the laws of the State of California and the United States, regardless of the location of any user. Any claims or complaints must be filed in the United States in the State of California. 
·      Hot Topic is not responsible for incomplete, lost, late, damaged, illegible or misdirected or postage-due mail, email or mobile messages, or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer or mobile transmission, or any program or programming errors or failures, or any unauthorized human intervention (including but not limited to hacking), or the failure to capture or loss of any information or any combination thereof. Further, Hot Topic is not responsible for any information, misinformation, or failure to provide information due in whole or in part to any reason stated in the previous sentence. Hot Topic is not responsible for any liability for damage to any computer system or mobile phone resulting from participation in or accessing or downloading information in connection with this program. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Hot Topic reserves the right, at its sole discretion, to disqualify or restrict access from any individual who tampers with the program process. In the event of a dispute regarding any program transaction, the transaction will be deemed made by the authorized account holder of the HT+1 account making the transaction. Hot Topic assumes no responsibility for undeliverable email or mobile messages resulting from any form of active or passive email or mobile filtering by a user's internet service provider / mobile provider and/or email client or for insufficient space in user's email or mobile phone account to receive email or messages. Hot Topic reserves the right, in its sole discretion, to cancel or suspend this program should a virus, bug, or other causes beyond the control of Hot Topic corrupt the administration, security or proper operation of the program. In the event of termination, a notice will be posted online. Hot Topic reserves the right to modify the promotion or disqualify participants if fraud, misconduct or technical failures destroy the integrity of the program as determined by Hot Topic, in its sole discretion. All federal, state and local laws and regulations apply. 
Resellers: We reserve the right to apply different rules to merchandise resellers. 

HOT TOPIC MOBILE - TERMS & CONDITIONS
Hot Topic, Inc. ("Hot Topic", "we," "us," or "our") is pleased to offer mobile communication services to help you get the latest information about events, offers, and promotions that we offer. You may opt-in to our mobile communications service to receive mobile text messages ("Texts") from our "SMS Service" and to receive voice calls ("Calls") from us, including by texting JOIN to 86742. If you elect to receive such Texts and Calls, we may send you, from time to time, alerts for special events, special offers, discount codes, or other communications that we believe may interest you, via text (SMS) messages or voice calls, which we may make or send through various means, such as manually dialed, autodialed or prerecorded means, to your mobile phone. (The SMS service and our voice call services to your mobile phone are collectively referenced as the "Hot Topic Mobile"). You may opt-out of Hot Topic Mobile at any time by texting STOP to 86742. 
By electing to receive text messages or voice calls from us to your mobile phone, you are agreeing to these Hot Topic Mobile - Terms & Conditions.  Among other things, you consent to being contacted by or on behalf of Hot Topic by text message or by voice calls to the mobile phone number(s) you provide or indicate, for any purpose (including sales, marketing, and promotional offers), by any means (including an automatic dialing system or prerecorded calls) regardless of whether the number(s) you provide is listed on the federal Do-Not-Call Registry or any state equivalent. Note that your consent is not required for you to buy any goods or services from us. 

  1. Managing the SMS Service
    1. To Unsubscribe or Cancel. If you wish to stop receiving text messages from us, text STOP via your mobile phone to 86742 if you wish to cancel all text message alerts. Any request to cancel or unsubscribe from text messages may take up to 48 hours to be processed. 
    2. For Help. For additional information or assistance regarding our SMS Service, please contact us at ht_online@hottopic.com or 1-800-892-8674 or text HELP to 86742. 

 

  1. Wireless Service Providers.
    1. Our Hot Topic Mobile services are available only to our customers who have a registered, active mobile phone that is enabled for text messaging. They are available for most mobile phones from most U.S. wireless service providers. United States participating carriers include:
    2. Alltel, Appalachian Wireless, AT&T, Bluegrass Wireless, Boost, Boost Unlimited, Cellcom, Cellular South, Cellular One of East Central Illinois, Centennial Wireless, Cincinnati Bell, Cingular, Cricket Communications, Dobson, Immix, Nextel , nTelos, Revol, Sprint, T-Mobile, Unicel (Rural Cellular), US Cellular, Verizon, Virgin Mobile US, West Central Wireless. This list may be updated from time to time and additional carriers may be added. 
      Hot Topic Mobile is only available to residents of the continental U.S. , Alaska, Hawaii and U.S. territories. 

    3. Viewing site content via WAP (Wireless Application Protocol) requires interactive mobile devices capable of viewing WML (Wireless Markup Language). 
    4. You agree to provide a valid mobile phone number that you are authorized to use. 
    5. If you enroll with Hot Topic Mobile, we may send any text messages through your wireless service provider in order to deliver them to you. You agree that your wireless service provider is acting as your agent in this capacity. 
    6. We do not charge a fee to participate in our Hot Topic Mobile services. However, you acknowledge and agree that your wireless service provider may charge you for sending or receiving text messages as part of the SMS Service and/or there may be additional charges from your wireless providers that may apply. You should check with your wireless service provider for text message and data rates. You will be solely responsible for any fees charged by your mobile carrier for any and all Texts that you send to, or receive from, us. Message frequency varies, but we expect to send you up to 1 promotional text message per week. 
    7. The SMS Service will be discontinued to you if you change wireless service providers or if your wireless service is deactivated for the mobile phone number you provide us. You will need to re-activate the SMS Service in those situations if you wish to continue receiving text message alerts from us. 
  1. Delivery of Text Messages. 
    1. We may use an automatic dialing system to deliver text messages to you.   The Federal Communications Commission defines an "automatic telephone dialing system" or autodialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 C.F.R. § 64.1200. 
    2. The SMS Service may not be encrypted and our text messages to you may include personal or confidential information about you, such as your account activity or status. You agree to protect your mobile phone or mobile device that receives information through the SMS Service and not to let any unauthorized person have access to the information we provide to you through the SMS Service. 
    3. The information in any text message may be subject to certain time lags and/or delays. We will not be liable for any delays in the receipt of any text messages, as delivery is subject to effective transmission from your mobile service operator. 

 

  1. Privacy.
    1. Hot Topic is committed to your privacy. Our Privacy Policy can be found at http://www.hottopic.com/hottopic/cs/CustomerService/PrivacyPolicy.jsp. By providing us with your mobile phone number, you acknowledge that data we collect from you in connection with the Hot Topic Mobile services are subject to our applicable Privacy Policy. 
    2. Data obtained from you in connection with our Hot Topic Mobile services may include your mobile phone number, your carrier's name, and the date, time and content of your text messages to us, as well as other information that you provide. 
    3. You will never receive a text message from us that asks you to send any sensitive personal or financial information such as your Social Security number. If you ever receive such a request for sensitive or personal information, do not respond to the message and call us at ht_online@hottopic.com or 1-800-892-8674 to report the incident. 

  1. Hot Topic is not responsible for incomplete, lost, late, damaged, illegible or misdirected email or Texts or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Hot Topic is not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with Hot Topic Mobile. THE HOT TOPIC MOBILE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED. WE WILL NOT BE LIABLE FOR LOSSES OR DAMAGES CAUSED IN WHOLE OR IN PART BY YOUR ACTIONS OR OMISSIONS THAT RESULT IN ANY DISCLOSURE OF YOUR ACCOUNT INFORMATION TO THIRD PARTIES. ALSO, NOTHING ABOUT OUR HOT TOPIC MOBILE SERVICES CREATES ANY NEW OR DIFFERENT LIABILITY FOR US BEYOND WHAT IS ALREADY APPLICABLE UNDER OUR APPLICABLE WEBSITE'S TERMS OF USE OR THE TERMS OF USE OF ANY OF OUR LOYALTY PROGRAMS IN WHICH YOU PARTICIPATE. 
  2. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorney's fees) arising from your provision of a mobile phone number that is not your own or your violation of any applicable federal, state, or local law, rule, regulation or ordinance, and arising from your use of Hot Topic Mobile services. Your obligations under this paragraph shall survive even after you unsubscribe from receiving text messages or calls from us or after we terminate Hot Topic Mobile services or these Hot Topic Mobile - Terms & Conditions. 
  1. We reserve the right to terminate Hot Topic Mobile services, in whole or in part, at any time without notice. 

These Hot Topic Mobile - Terms & Conditions are in addition to, and do not supersede or replace, any other agreements applicable to the Terms of Use of our applicable web site(s) posted at http://www.hottopic.com/hottopic/cs/CustomerService/WebsiteTermsofUse.jsp Any such other agreements applicable to your participation in the Terms of Use of our applicable web site(s) also apply to you and your use of our Hot Topic Mobile services. For additional information or assistance regarding mobile, please contact us at HTPlus1@hottopic.com or 1-800-892-8674. For international callers, please contact us at 1-626-709-1189.