Rare, Open-pollinated & Heirloom Garden Seeds
"Preserving the future,
All of our rare and heirloom seeds are open-pollinated, non-hybrid and chemically untreated. No chemicals, unstable hybrids or genetically engineered seeds!
TERMS AND CONDITIONS
(The "Fine Print")
The following are the terms and conditions (the “Program Terms”) governing the Victory Points™ Program (the “Program”) owned and operated by the Victory Seed Company (the “Company”) and offered to Victory Seed Company customers (“Customer(s)”) that have a valid Victory Seed Company Account (an “Account”) at VictorySeeds.com.
By participating in the Program, Customer(s) can earn Victory Points™ subject to the Program Terms and Victory Points™ Account balance and availability. Customer(s) must have and use a valid Account to earn Victory Points™ on purchases made by the Customer through The Company. Continued use of an Account and participation in the Program constitutes Customer’s consent and agreement to abide by the most current version of these Program Terms as may be updated here from time to time. Customer(s) are responsible for remaining knowledgeable as to any changes that the Company may make to these Terms and Conditions. Customer(s) must be signed into their Account when making purchases to earn Victory Points™. Purchases made by Customer(s) through the use of any means other than by use of their Account are not eligible for Victory Points™.
EARNING Victory Points™
Customer(s) will automatically become eligible and will begin to earn Victory Points™ by establishing an Account. Victory Points™ may be earned at a rate of one (1) point for each dollar spent (excluding shipping, fees and taxes) up to a maximum of twenty five thousand (25,000) Victory Points™. Victory Points™ are only offered to, and may be earned and redeemed only by, Customer(s) of the Company. Orders from resellers, exporters, wholesalers, any businesses of any kind for commercial resale, or any other customers for resale are null and void and otherwise subject to cancellation. Any orders for which payment is made using PayPal Express, Google Checkout, V.me, MasterPass and/or any other external payment systems do not qualify for earning Victory Points™.
After an eligible purchase is made, the earned Victory Points™ may be held in pending status for up to fifteen (15) calendar days after the purchase has shipped unless otherwise stated. Qualifying standard Victory Points™ will generally be available for redemption purposes on the sixteenth (16th) calendar day after shipment of the purchase.
Victory Points™ ACCOUNTS
The Company reserves the right to monitor all Victory Points™ activity in any Customer(s) Account. The Company also reserves the right to adjust the number of Victory Points™ in any Customer Account that does not indicate the correct number of Victory Points™ as determined by the Company in its reasonable sole discretion. Finally, the Company reserves the right to rescind all pending or available Victory Points™ for any orders that are cancelled, refunded, or returned at any time. If any item is returned by Customer(s) for refund, then the Company reserves the right to withhold from that refund dollar amount(s) that are equal to (1) the discount awarded through redemption of Victory Points™ during the purchase of that item; and (2) the discount awarded through redemption of any standard Victory Points™ or any promotional Victory Points™ during the period between (a) the original redemption purchase for which products are being returned and (b) the date of such product return. The Company reserves the right to cancel or freeze pending and available Victory Points™ credited to an Account if that Account shows signs of fraud, abuse, illegal or otherwise suspicious activity as determined by Company in its sole discretion. In such event, the Company reserves the right to pursue all legal remedies and actions available to it including legal action to recover any damages incurred by the Company in connection with such improper activity.
Victory Points™ are offered as promotional incentive and are void if sold for cash or other consideration or if altered or copied. Victory Points™ cannot be reissued if destroyed, lost, or stolen. Victory Points™ have no intrinsic value, are not equivalent to cash, and may not be redeemed for cash. Victory Points™ may not be purchased or sold by Customer(s) and the Company will not sell Victory Points™. Victory Points™ are the property of the Company and Customer(s) have no property rights or other legal interests in the Victory Points™. Victory Points™ are not valid where their earning or redemption is prohibited by law.
Standard Victory Points™ expire at 11:59 PM Pacific Time on the date that is three hundred and sixty five (365) days after the associated order ships, unless a subsequent purchase is made through that Account. If such subsequent purchase is made, then the otherwise-expiring Victory Points™ will be extended for another three hundred and sixty five (365) days. Once expired, Victory Points™ cannot be reinstated. Expiration dates for all Victory Points™ in an Account will be displayed on the Customer(s) Account page.
Customer(s) must have a sufficient amount of available and eligible Victory Points™ in their Account to qualify for redeeming Victory Points™ for gift certificate codes. Victory Points™ are not eligible for redemption until they are displayed as available Victory Points™ in the Account. Pending Victory Points™ cannot be redeemed during the pending period. All redemptions of Victory Points™ are final and may not be cancelled.
Available Victory Points™ may be used to reduce the price of an item at checkout at the rate of one (1) Victory Point™ per one cent ($0.01) deduction from the total of the order. A Customer(s) must use a minimum of five hundred (500) Victory Points™ when redeeming for a gift certificate. A Customer(s) may redeem up to a maximum of either: (a) twenty-five thousand (25,000) Victory Points™ per purchase; or (b) one-hundred thousand (100,000) Victory Points™ per year, whichever is lower. Victory Points™ can only be redeemed when using a credit card to make a purchase and may not be used in combination with any other payment methods. Any refunds for orders that have used Victory Points™ may be issued in an amount of Victory Points™ up to a maximum amount equal to the amount of Victory Points™ used on the order, less any adjustments as described in these Program Terms.
The Company may offer special limited-time promotional opportunities to earn a greater amount of Victory Points™ for purchases of goods and services. These promotional Victory Points™ may have a limited redemption period and do not renew regardless of subsequent purchases with the Company or through the Account. These promotional Victory Points™ are subject to these Program Terms as well as any additional terms and conditions that may be provided with the promotion and any attempt to claim any associated promotional Victory Points™ constitutes Customer’s consent and agreement to abide by the terms of that promotional offer.
Promotional Victory Points™ are offered as promotional items only and are void if sold for cash or other consideration or if altered or copied. Promotional Victory Points™ cannot be reissued if destroyed, lost, or stolen. Promotional Victory Points™ have no intrinsic value, are not equivalent to cash, and may not be redeemed for cash. Promotional Victory Points™ may not be purchased or sold by Customer(s) and the Company will not sell promotional Victory Points™. Promotional Victory Points™ are the property of the Company and Customer(s) have no property rights or other legal interests in the promotional Victory Points™. Promotional Victory Points™ are not valid where their earning or redemption or the associated promotion is prohibited by law.
The Company reserves the right to revise these Program Terms at any time with or without notice, including (but not limited to) the rules for earning and redeeming Victory Points™, the expiration policy for Victory Points™, and the products and services for which Victory Points™ may be earned and redeemed.
The Program has no predetermined termination date and may continue until such time as the Company decides to terminate the Program. The Company reserves the right, at its sole discretion and for any reason, to terminate all or any portion of the Program by giving notice to that effect by means of a posting on the homepage and/or via another method of notice that may be deemed appropriate in the Company’s sole discretion. In such an event the Program will terminate at 11:59 PM Pacific Time the next calendar day following notice of termination issuance unless otherwise stated in the notice. In the event that the Program is terminated, then actions that are required to be taken by or on behalf of an Account holder must be completed no later than five (5) calendar days after the Company has given notice of Program termination Victory Points™ earned through the Program may be forfeited without compensation five (5) calendar days after notice of Program termination has been given.
The Victory Seed Company reserves the right to suspend the awarding of Victory Points™ or cancel awarded Victory Points™, based on The Victory Seed Company’s determination of suspicious or illegal activity.
The Company makes not warranties, expressed or implied, with respect to Victory Points™, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event that points are non-functional then Customer's sole remedy, and Company's sole liability, shall be the replacement of such Victory Points™. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, if these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply and Customer(s) may have additional rights.
Any attempted participation, except as permitted by these Program Terms, is void. The Company is not responsible for: (i) lost, late, incomplete, damaged, stolen, misdirected, illegible materials, email or mail; (ii) any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, or availability, (iii) garbled or jumbled transmissions; (iv) service provider/Internet/Website/use net accessibility or availability, traffic congestion, or unauthorized human intervention; or (v) inaccurate capture of any information, of Victory Points™, or the failure to capture any such information.
The Company is not responsible for (a) any incorrect or inaccurate information, whether caused by printing errors, Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Program; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction; or (c) unauthorized access to the Company’s websites or any communications means. The Company is not responsible for any personal injury or property damage related to or resulting from either: (1) participating in the Program or (2) downloading materials from or use of the Company’s websites.
Should there be any tax liability for the accumulation and/or use of Victory Points™ or the receipt of merchandise in the Program, or expenses for the use and enjoyment of any such merchandise, or for any other reason, then such taxes and/or expenses are the sole responsibility of Customer. In the event that during a given calendar year, a U.S. resident acquires or redeems Victory Points™ for a total equivalent value of Six Hundred Dollars ($600.00) or greater, then the Company will (to the extent required by law) advise the Internal Revenue Service to this effect through a Form 1099 indicating the total retail value of such items and total imputed value of the Victory Points™ acquired or redeemed.
The Company makes no guarantees, warranties, or representations of any kind concerning the Program. The earning and redemption of Victory Points™ are void where prohibited by applicable federal, state, or local laws or regulations and are subject to change as may be necessary to comply with such laws or regulations. By agreeing to these Program Terms, Customer(s) hereby releases, and agrees to execute any agreements evidencing such release, the Company and its affiliates, officers, directors, employees, agents and partners from all liability regarding the earning, redemption, and use of Victory Points™, including any Victory Points™ that may be lost, stolen, or destroyed after receipt.
GOVERNING LAW AND INTERPRETATION
Your participation in the Program shall be deemed made, performed, transacted, and closed in the State of Oregon in the United States of America. By enrolling in the Program, you agree that the laws of the State of Oregon in the United States of America, without regard to its conflict of laws rules, will govern the Program and these Program terms and conditions. The interpretation of these Program terms and conditions and any rules related to the Program shall be at the sole discretion of the Company. The Company may assign its rights and obligations under this Program and such assigned obligations shall be the sole responsibility of the assignee. This Program and the issuance of Reward Points is again, void where prohibited or restricted by law.
Updated on April 16, 2014