TERMS & CONDITIONS
TERMS & CONDITIONS FOR HARD ROCK REWARDS MEMBERSHIP
1. General Membership Rules
The Hard Rock Rewards program (the "Program") is organized by Hard Rock Cafe International (USA), Inc., 6100 Old Park Lane, Orlando, Florida (“Hard Rock,” “we” or “our”). This Program replaces and supersedes all prior Hard Rock Rewards programs and is effective as of the date set forth below.
To the extent permitted by law, Hard Rock reserves the right to amend, change or modify the Program rules, procedures, benefits, awards, or special offers at any time upon no less than thirty (30) days prior notice by email to Members (as defined herein) and/or by posting such amendments, changes or modifications on the Program Website (as defined herein). These changes may affect, but are not limited to, Program Benefits (as defined herein), rules for earning Hotel Points, Program redemption thresholds required for earning Hotel Free Night Certificates (as defined herein), continued availability of rewards, reward inventory, reward types, and the features and availability of Offers (as defined herein). Additionally, we reserve the right to terminate the Program at any time upon no less than thirty (30) days prior detailed notice by email to Members to the email address provided in their Member account.
A. Eligibility Requirements
Membership in the Program is available to individuals ("Members") residing in countries that legally permit participation in loyalty programs. You may not participate in the Program if you reside in a country that is on the United States embargo countries list (currently Cuba, Iran, North Korea, Sudan, Syria and Crimea). Persons on the US Department of Treasury Specially Designated Nationals or Blocked Persons Lists are also not permitted to participate. You must have a valid email address to participate in the Program.
You must be the age of majority in the jurisdiction in which you reside and have the capacity to enter into contracts to be a Member of the Program and to utilize the benefits of the Program. Minors are not eligible to participate in the Program.
Membership is on an individual basis only. Corporations, associations, groups and other legal entities cannot enroll in the Program.
Employees of Hard Rock and any of its subsidiaries or affiliates ("Hard Rock Group") and employees of franchisees or licensees of the Hard Rock Group are not eligible to participate in the Program except for specially designated employee programs, if any.
B. Acceptance of Terms and Conditions
Your registration and participation in the Program constitutes your acceptance of these terms and conditions as well as of any changes or modifications made to them of which you have received prior detailed notice and have continued to use the Program without written objection prior to the effective date of the change (the "Terms" or the "Terms & Conditions"). If you do not accept these Terms & Conditions, you may not participate in or register for the Program.
C. Amendments to Terms and Conditions
Hard Rock reserves the right to update, change, revise or modify (collectively, "Changes") these Terms & Conditions at any time in its reasonable discretion upon at least thirty (30) days prior detailed notice by email to Members to the email address listed in their Program account and/or by posting the Changes on the Program Website. If a Member continues to participate in the Program after receiving notice of the Changes or does not object to the Changes, he/she will be deemed to have accepted such Changes and the Changes shall become effective as to that Member as to Program Benefits and activities after the effective date of the Changes. If a Member disagrees with the Changes, then the Member’s sole and exclusive remedy if he or she does not agree to any such Changes is to withdraw from the Program and terminate his or her Membership in accordance with Section 1(K) below. Hard Rock will continue to honor Program Benefits issued prior to the effective date of the Changes under the prior Terms and Conditions as if such Changes had not been issued.
D. Registration/Issuance of Membership Card
You can register to become a Member in the Program by completing a membership application at http://www.hardrockrewards.com (the “Program Website”) or you may register for the Program inside participating Hard Rock facilities (“Participating Locations”) that have a registration kiosk onsite, via the assistance of a Retail Sales Associate at a participating Rock Shop, or via a Front Desk employee at a participating Hard Rock Hotel at the time of check-in. Furthermore, select Participating Locations may provide additional means of registration via use of a Hard Rock Rewards’ tablet to register electronically or a Hard Rock Rewards’ Rack Card enabling you to request an email to be sent to you containing a link inviting you to register for the Program once you return home. You agree to provide complete and accurate information in connection with such registration and update that information promptly if there are any changes or if it becomes inaccurate. Registration and participation in the Program is free.
Members may be provided with a virtual membership card and the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Member portion of the Program Website. Membership cards are not credit cards and cannot be used to purchase products and services. You are responsible for maintaining the confidentiality and security of that username, password or other codes or devices, and for all activity on your account, whether or not authorized (except that you are not responsible for unauthorized activities that do not result from your negligence or other fault). Please notify Hard Rock immediately at Customer_Care@hardrock.com if you know or suspect any unauthorized activity on your account.
E. Prohibited Uses
The Program benefits are for Members’ personal, non-commercial use only. Any unauthorized, fraudulent or abusive use of the Program’s Offers (as defined herein), Hotel Points, Hotel Free Night Certificates (as defined herein), or other rewards, special offers or vouchers that may be provided from time to time (collectively referred to as “Program Benefits”) or any activity inconsistent with these Terms & Conditions is subject to appropriate administrative and/or legal action by Hard Rock, including, but not limited to, the forfeiture of Program Benefits, the termination of Program privileges, and revocation of Program membership. To the extent permitted by law, we also reserve the right, in our sole discretion, to immediately discontinue a Member’s Program membership, and terminate the Member’s Program account, if a Member violates any United States local, state, or federal laws or ordinances (to the extent applicable to the Member) or violates any law of any other jurisdiction applying to the Member, in relation to the Program, or otherwise misuses the Program or any Program Benefits. If notice and an opportunity to cure any such issue are required to be provided to the Member under the laws of the Foreign Jurisdiction (as defined below) in which the Member resides, such notice and opportunity to cure will be provided in accordance with such laws. Nothing contained in these Terms & Conditions shall limit Hard Rock in the exercise of its legal or equitable rights or remedies.
The earning and redemption of Program Offers and the earning of Hotel Points and redemption thereof via Hotel Free Night Certificates are subject to all applicable laws and regulations. Program Offers and Hotel Points and redemption thereof may be subject to income or other taxes. Any applicable federal, state, provincial or local taxes of any jurisdiction connected to the issuance, acceptance and use of Program Offers and Hotel Free Night Certificates, and all disclosures, reporting and payments related thereto, are the sole responsibility of the Member, unless otherwise established by the laws and regulations of the relevant jurisdiction. Hard Rock will not be responsible for any tax consequences which may flow from a Member’s participation in the Program.
G. Disclaimer of Warranties
Except as required by law, the type, quality or fitness of goods or services provided through the Program, including, but not limited to the Rewards App (as defined below), or in connection with the redemption of Program Benefits have no express or implied warranties or representations. Only when it is not mandatory by law, and except as noted in section 5 (Eligible Non-U.S. Residents Only) below, Hard Rock is not responsible for including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and to the maximum extent permitted by law, expressly disclaims any and all liability (including consequential damages). You are responsible for installing all the necessary security protections, such as antivirus, firewalls and other security measures, to prevent any risk in relation to the inherent use of the Internet, for which Hard Rock will assume no liability.
Unless prescribed by law and except as noted in section 5 (Eligible Non-U.S. Residents Only) below, the malfunction of the Program Website and Rewards App (as defined herein), including errors, omissions or periods of inaccessibility is not warranted, since the Program Website and Rewards App are provided on an as-is basis.
Hard Rock reserves the right to make changes to the Program Website and Rewards App both in design and content as needed and with or without notice to Members, subject only to the requirements to notify members of changes under Section 1.C.
H. Account Inactivity
Hotel Points do not expire unless your account becomes inactive for any period of twenty-four (24) months or longer. To maintain the Hotel Points in your account, you must have at least one Qualifying Room Revenue (as defined below) transaction or one Hotel Free Night Certificate transaction posted to your account every 24 months. If you do not keep your account active for any period of 24 months or more, all of your Hotel Points may expire which means your Hotel Points will be removed from your account and are no longer able to be redeemed, provided that if the law of your jurisdiction requires the Hotel Points to remain valid for a longer period of time, they will remain valid for the legally required minimum period of time. If Hotel Points are due to expire, a notice will be sent to the Member’s email at least address thirty (30) calendar days in advance of the date of expiration. The Member will then have until the date of expiration to utilize the Hotel Points in accordance with these Terms and Conditions after which they will be deleted from that Member’s account.
By choosing the opt-in when registering to become a Member, you further expressly consent to:
- Hard Rock using your Personal Information and Transaction Information in connection with the Program, including, but not limited to, maintaining your Member account, determining the Program Offers to be made available to you, recording transactions that earn Hotel Points, notifying you of Program Changes, and Program Benefits, issuing you Hotel Free Night Certificates and notifying you of other products and services offered by Hard Rock or its affiliates.
In addition, you expressly agree that your Personal Information may be disclosed and transferred internationally throughout Hard Rock’s worldwide organization and may be disclosed to third party service providers who have been legally contracted with to assist Hard Rock with these tasks. The provision of your Personal Information is voluntary, but necessary for you to participate in the Program. You have the right to access, delete and rectify your Personal Information by contacting Hard Rock at email@example.com. You also have the right to withdraw you consent at any time by sending an email to firstname.lastname@example.org, but such withdrawal may impact your ability to receive notifications and Program Benefits under this Program and otherwise participate in the Program.
In addition, if you specifically opt-in when registering to become a Member you further expressly consent to Hard Rock:
You may withdraw your consent to receive such Program information and marketing offers by updating your account profile or by emailing us at email@example.com.
J. Updates to Accounts
It is the responsibility of the Member to notify Hard Rock of any address or email changes or errors. Hard Rock is not responsible for any requests, communications or correspondence, including, but not limited to, Program Offers and Hotel Free Night Certificates, that are lost, undeliverable or delayed in the direct mail or via electronic mail that are not due to the fault of Hard Rock (e.g. Hard Rock is not responsible for non-delivery due to the failure of Members to notify Hard Rock of any address or email changes or errors).
K. Cancellation of Membership
A Member may cancel his or her Program membership account by notifying Hard Rock Rewards/Hard Rock Rewards Customer Service by signing into their online or by notifying us by mail, email or telephone as follows:
Mailing Address: 6100 Old Park Lane Orlando, FL 32835
Email Address: firstname.lastname@example.org
Phone: US and Canada: 1-888-519-6683
Hours of Operation: 8:30 AM – 5:30 PM Eastern Time.
Cancellation of a Program membership account shall result in loss and forfeiture of all accumulated Program Benefits not redeemed prior to the date on which a Member requests cancellation of his or her Program membership account, unless the law of the jurisdiction in which the Member resides requires Hard Rock to continue to honor such Program Benefits and in such case, the Member shall retain all accumulated Program Benefits and Hard Rock will continue to honor such Program Benefits to the extent required by that jurisdiction’s applicable law. A Member who voluntarily cancels his or her Program membership account may not re-activate his or her previous Program membership account but may be eligible to open a new Program membership account without the ability to rollover the previously accumulated Program Benefits into the new Program membership account.
Hard Rock reserves the right in its reasonable discretion to revoke any Member’s Program membership account for actions, statements or behaviors, whether committed online or at a Hard Rock property that Hard Rock (acting reasonably) deems inappropriate, offensive, or defamatory or damaging to the reputation of Hard Rock and/or the related goodwill in the Hard Rock brand or are defamatory or harassing of any Hard Rock Group employee, director or officer or designee and which, in each case, justify revocation of such Member’s Program membership account. Hard Rock reserves the right to audit any Member’s Program membership account at any time and in its reasonable discretion, and when required by law Hard Rock will give prior notification to Member.
L. Program Benefits Not Property
Unless otherwise required under applicable law, Members do not have any ownership rights in accrued Program Benefits and accrued Program Benefits do not constitute property of the Member. Except where required by law, Program Benefits, including Offers and Hotel Free Night Certificates, are not negotiable, commissionable or redeemable for cash and are void if sold for cash or other consideration. Neither Hotel Points nor Hotel Free Night Certificates have cash, monetary or other value. A Member’s Rewards ID number cannot be used by anyone else in order to accrue Program Benefits. At no time may Offers or Hotel Free Night Certificates be purchased, sold or bartered to a third party. Any such Hotel Free Night Certificates shall be declared void if transferred or sold for cash or other consideration. To the extent permitted by applicable law, violators of this Section may be liable for damages, including, but not limited to, lost revenue, and Hard Rock’s litigation costs and fees.
M. Program Benefits are Not Transferable
Program Benefits and membership are for the specific Members only and are not transferable to another person for any reason including, but not limited to, divorce or inheritance, unless required by law. In the case of documented death of a Program Member, Program Benefits become void as of the date of the Member’s death. Members cannot combine or merge Hotel Points to obtain Program Benefits. You may not sell, barter, copy, or distribute Program Benefits, including, but not limited to, Hotel Points or Program Offers, to any other person or entity.
N. Other Promotions
From time to time, and to the extent permitted by law, Members, possibly on an exclusive Members-Only basis for Members in good standing in the Program, may be eligible to participate in sweepstakes, contests or other promotions (“Promotional Events”). NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER ANY SWEEPSTAKES OR CONTEST. A Member’s participation in a Promotional Event shall be subject to the specific terms, conditions, and rules published at the time of the Promotional Event and applicable state or country laws. Certain Promotional Events may not be made available to all Members or may be restricted to certain geographical locations.
O. Rewards App
Hard Rock makes available a mobile application (“Rewards App”) to access the Program and Program Website via a mobile device. To use the Rewards App you must have a mobile device that is compatible with the mobile service. Hard Rock does not warrant that the Rewards App will be compatible with your mobile device. Hard Rock hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Rewards App for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Rewards App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Rewards App to any third-party or use the Rewards App to provide time sharing or similar services for any third-party; (iii) make any copies of the Rewards App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Rewards App, features that prevent or restrict use or copying of any content accessible through the Rewards App, or features that enforce limitations on use of the Rewards App; or (v) delete the copyright and other proprietary rights notices on the Rewards App. You acknowledge that Hard Rock may from time to time issue upgraded versions of the Rewards App, and may automatically electronically upgrade the version of the Rewards App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Rewards App or any copy thereof, and Hard Rock and its third-party licensors or suppliers retain all right, title, and interest in and to the Rewards App (and any copy of the Rewards App). Standard carrier data charges may apply to your use of the Rewards App. Any violation of these Terms will result in termination of your license to the Rewards App.
The following additional terms and conditions apply with respect to any Rewards App that Hard Rock provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
- You acknowledge that these Terms are between you and Hard Rock only, and not with Apple, Inc. ("Apple").
- Your use of Hard Rock’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- Hard Rock, and not Apple, is solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- Except as prohibited under applicable law and as stated in section 5 (Eligible Non-U.S. Residents Only) below, you agree that Hard Rock, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that Hard Rock, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Hard Rock’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Rewards App that Hard Rock provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and Hard Rock only, and not with Google, Inc. (“Google”).
- Your use of Hard Rock’s Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. Hard Rock, and not Google, is solely responsible for Hard Rock’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Hard Rock’s Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Hard Rock’s Android App.
If you download the Rewards App from any other App marketplace (“App Marketplace”), you agree that Hard Rock is the licensor of the Rewards App and the App Marketplace is not a party to these Terms. Except as prohibited under applicable law and as stated in section 5 (Eligible Non-U.S. Residents Only) below, you further agree that the App Marketplace does not have any responsibility or liability to you related to the Rewards App or related to compliance or non-compliance by Hard Rock or you (or any other user) with these Terms. You further agree to comply with any App Marketplace terms then applicable to the downloading of the Rewards App.
2. Program Benefits
Members in good standing are entitled to earn or use the following Program Benefits. Hard Rock reserves the right upon thirty (30) days prior notice to Members to terminate, cancel, amend, modify, or supplement any of the Program Benefits (collectively, "Program Changes") at any time and for legitimate reasons, provided that such Program Changes will not affect Program Benefits that were issued prior to the effective date of such Program Changes.
A. Hard Rock Cafe and Rock Shop Promotional Offers
Hard Rock may issue promotional offers (“Offers”) to Members from time to time as set forth herein. All Offers are subject to these Terms & Conditions and any additional terms and conditions that are set forth in Offer itself. Offers will be delivered by email to the Member’s email address in their Member Account. The following are the kinds of Offers that may be provided to Members:
- Welcome Back Offer: Each new Member that signs up and fully activates his or her account online under this Program, and makes a Qualifying Purchase at a Participating Location will receive a “Welcome Back Offer” that will consist of a buy one item/get one item free offer at Participating Locations; this is a one-time offer for a single transaction. Your account must be fully activated to receive the Welcome Back Offer. The specific item will be specified in the Offer that is delivered to you. This Welcome Back Offer is only available to new first time Members who sign up and fully activate their account online after May 2, 2016.
- Birthday Offers: Each Member in good standing and with a fully activated account will receive one (1) Birthday Offer good at Participating Locations per year. The details and terms of the Birthday Offer will be specified in the Birthday Offer.
- Surprise and Delight Offers: Hard Rock may from time to time send Members in good standing various Offers for use at Participating Locations. These are limited time offers for products or services at Participating Locations that must be used during the time stated in the message that is sent to the Member. The specific terms and conditions of these Surprise and Delight Offers will be specified in the Offer itself.
Offers are only redeemable at those Hard Rock Cafes and Rocks Shop identified as Participating Locations on the Program Website. Expiration dates and other restrictions may apply as stated on the Offer. In addition, Offers may only be used towards Qualifying Purchases as defined below and may not be used for Excluded Purchases.
Qualifying Purchases are used herein means the purchase of any food, drinks and merchandise at Hard Rock Cafe or Rock Shop Participating Locations, except for the following ("Excluded Purchases"):
- the purchase of Hard Rock Gift Cards,
- the purchase of Hard Rock Live tickets,
- purchases at non-Hard Rock Cafe branded restaurants located within participating Hard Rock Hotel and/or Casino properties,
- purchases at non-Hard Rock branded retail stores (i.e., stores not named Rock Shop) located within participating Hard Rock Hotel and/or Casino properties,
- purchases at participating Rock Shops or participating Hard Rock Cafes located within participating Hard Rock Hotel and/or Casino properties where such otherwise eligible purchases are charged to the Member’s room and not paid for directly by the Member at the time of purchase,
- special events at participating Hard Rock Cafes or Rock Shop properties, such as, for example, meetings, receptions, and group menu based events,
- sales or personal state or local taxes,
- any products or services for which it is illegal to issue as Program Benefits under any applicable law, or any products or services at non-participating Hard Rock Cafe or Hard Rock Hotel properties and
- any purchase of alcohol or tobacco products, or any products or services for which the issuance or use of a Program Offer may be prohibited under the laws of the jurisdiction in which a Member is seeking to redeem the Program Offer.
Members in good standing can accumulate ten (10) hotel rewards points (“Hotel Points”) for every USD$1 (or equivalent in your applicable currency pursuant to Section 2, paragraph F below) of Qualifying Room Revenue paid by a Member via a Qualified Payment Method (as defined herein) at a participating Hard Rock Hotel or Hard Rock Hotels & Casino (collectively, “Hard Rock Hotel(s)”). “Qualifying Room Revenue” means the amount paid on the standard published room rate for the applicable lodging at a Hard Rock Hotel and excludes wholesale/tour operator packages, contracted crew rates, travel agency discount rates, marketing packages, and stays paid for using Hotel Free Night Certificates or other discount coupons or promotional codes. You will be entitled to earn Hotel Points on Qualifying Room Revenue for a maximum of two (2) rooms booked at a Hard Rock Hotel during any particular stay; no Hotel Points will be earned on additional rooms booked during any stay. A “Qualified Payment Method” shall consist of legal currency, check, debit card, credit card, or Gift Card. For a list of participating Hard Rock Hotels, please visit the Program Website. Hard Rock reserves the right to modify any Hotel Point postings or issuance of Hotel Free Night Certificates made in error.
Program Members cannot view the status of accumulated Hotel Points or earn or redeem Hotel Points for rewards until the Member’s Program membership account is fully activated by completing the online activation process located at the Program Website.
To ensure you receive Hotel Points for your Qualifying Room Revenue, you must provide proof of your Rewards ID number or alternative Rewards identifying information (such as name or email address) at the time of reservation, check-in or check-out at a participating Hard Rock Hotel. Hotel Points earned from Qualifying Room Revenue (including eligible room rates) made at participating Hard Rock Hotels are only available if the person is a Program Member at the time of check-out and the Member presents his or her Membership ID card at the time of check-in or check-out. There is no ability to receive Hotel Points from otherwise Qualifying Room Revenue post check-out from a participating Hard Rock Hotel location, regardless of whether or not you were a Member at the time of check-out.
In order for a Member to earn Hotel Points from an eligible stay at a participating Hard Rock Hotel, the bill and reservation for an eligible room rate, two (2) room limit, must be in that Member’s name and that Member must personally pay the bill for the eligible stay.
All Members in good standing will receive the following additional benefits:
- Access to the Program Website;
- The ability to download the Rewards App;
- Email subscription to Global Hard Rock member communications with the option to subscribe to receive news from their favorite Hard Rock locations;
- Dedicated Member check-in at Hard Rock Hotels;
- Late Checkout privileges at Hard Rock Hotels (based on availability);
- One (1) welcome amenity per stay at a Hard Rock Hotel to be determined by the Hard Rock Hotel location.
- A First Available Priority Seating Coupon after every third visit to a Hard Rock Cafe or Rock Shop Participating Location. When a Member seeks to redeem a First Available Priority Seating Coupon, Hard Rock does not guarantee immediate seating or availability at the time/date desired by the Member as availability depends on the number of guests in the Member’s party and/or prior special events taking place at the Participating Location; and
- Members in good standing who visit a Participating Location and make a Qualifying Purchase pursuant to the Terms & Conditions of this Program will have that visit automatically recorded into their Program membership account as a visit (“Verified Visit”). A Verified Visit to a Participating Location by a Member for the first time shall count as a “Milestone Visit.” Members may only get credit for one Milestone Visit per Participating Location. Each Milestone Visit shall count towards an incremental threshold reward (“Milestone Reward”). A Member may receive a Milestone Reward after key Milestone Visits, for example, for the 25th, 50th, 75th, 100th, 125th and so forth, Milestone Visit, as determined by Hard Rock in its sole discretion.
Hotel Points may be redeemed for certificates that entitle the Member to a certificate (“Hotel Free Night Certificate”) for a one night’s free stay at a participating Hard Rock Hotel Location. To be eligible to earn Hotel Points or redeem Hotel Free Night Certificates, a Rewards Program Member must have fully activated his or her Rewards membership by completing the online activation process on the Program Website.
Each Hotel Free Night Certificate will entitle the Member to one (1) complimentary night at any participating Hard Rock Hotel property for a standard room; at a participating All-Inclusive Hard Rock Hotel property, a Hotel Free Night Certificate shall cover a maximum of two (2) guests per room and additional charges shall apply for each additional guest per room booked with a Hotel Free Night Certificate. The Hotel Free Night Certificate will cover room charges, taxes and standard resort fees only; it will not cover meals, tips, gratuity, incidentals, or other resort-related charges or any other expenses relating to a member's stay except at participating All-Inclusive Hard Rock Hotel properties where standard inclusions will apply (varies by property). Additional terms and conditions may apply as set forth on the Hotel Free Night Certificate.
The Hotel Free Night Certificate is valid for thirteen (13) months from the time of issuance (provided that if applicable law in a particular jurisdiction requires the Hotel Free Night Certificate to be valid for a longer period, it shall be valid for the minimum period required by that jurisdiction’s law), are good for one-time use, and must be surrendered at time of redemption.
Different Hotel Point tier levels may be needed for certain Hard Rock Hotel properties as specified on the Program Website. Once Members reach the required threshold of Hotel Points for tier levels they are eligible to redeem points for a Hotel Free Night Certificate. Members will receive an email from Hard Rock notifying them that they have enough Hotel Points to redeem a Hotel Free Night Certificate at a certain tier level. A Member may either redeem the Hotel Points for the applicable Hotel Free Night Certificate tier level or maintain those Hotel Points and continue to add to them.
Members must follow the directions on the Hotel Free Night Certificate to make their Hotel Free Night reservation at a participating Hard Rock Hotel. Failure to follow such directions may result in the Hotel Free Night Certificate being declined. Reservations using Hotel Free Night Certificates may be subject to availability (varies by participating Hard Rock Hotel). Any no show or cancellation made within the cancellation policy window will result in the Member forfeiting his/her Hotel Free Night Certificate used to make that reservation. Hard Rock reserves the right to request presentation of a valid form of identification verifying the Member’s name on the Hotel Free Night Certificate at the time of redemption or check-out at a participating Hard Rock Hotel to confirm that the customer redeeming the Hotel Free Night Certificate is the same as the Member’s Rewards ID number listed on the Hotel Free Night Certificate. Hotel Free Night Certificates may not be used or redeemed by anyone other than the Member who earned the Hotel Free Night Certificate.
Hotel Free Night Certificates are not valid on prior reservations at Hard Rock Hotels. Members cannot accumulate Hotel Points on any portion of a stay at a participating Hard Rock Hotel paid for through the use of Hotel Free Night Certificate(s). Hotel Points may only be accumulated on the purchase price, or any portion thereof, of Qualifying Room Revenue that is paid for with a Qualified Payment Method. Other restrictions may apply towards the redemption of Hotel Free Night Certificates and Hotel Free Night Certificates may be subject to local laws, including tax regulations.
Advanced reservations are required following the process outlined on a Hotel Free Night Certificate, including requesting application of the Hotel Free Night Certificate to the particular reservation. No walk-ins (i.e. attempts to use the Hotel Free Night Certificate when checking in if not previously requested in an advance reservation) using Hotel Free Night Certificates will be accepted. Redemption of Hotel Free Night Certificates are subject to availability dates (varies by participating Hard Rock Hotel). Hotel Free Night Certificates will not be valid at a Hard Rock Hotel property if it is no longer branded as a Hard Rock hotel or discontinues its participation in the Rewards Program before such Hotel Free Night Certificate is redeemed. In such a case, the Rewards Member will be permitted to use the Hotel Free Night Certificate at another participating Hard Rock Hotel property.
Members may view their Program account status online at the Program Website. Members are responsible for ensuring that their Hotel Points are properly issued and credited. Please allow up to ten (10) business days from the date of the payment of the Qualifying Room Revenue for the corresponding Hotel Points to appear in an existing Member’s Program membership account. If expected Hotel Points from Qualifying Room Revenue at any participating location do not appear on a Member’s Program membership account activity statement available online at the Program Website after the ten (10) business day period, the Member must contact Hard Rock Rewards Customer Service for further assistance and provide a copy of the Member’s transaction receipt.
To the maximum extent permitted by law, and except as noted in section 5 (Eligible Non-U.S. Residents Only) below Hard Rock is not liable for typographical, computer or point of sale errors at the time of purchase at any Hard Rock Hotel, except in the case of Hard Rock’s intentional misconduct or gross negligence.
All transactions will be converted from local currency into US currency (and vice versa) at the currency conversion rate that will be present at the beginning of each month (using the currency rate published by OANDA, except for the Venezuelan Bolivar, for the last day of preceding calendar month). The applicable currency rate will be published on the Program Website. The published rates will be used for all transactions (including the accrual of Hotel Points) during that month.
3. Applicable Law
These Terms & Conditions are governed by the laws of the State of Florida, United States of America irrespective of where the membership application was completed or where the Member resides or the choice of law principles of Florida or any other jurisdiction, unless the applicable law of a country, state, province, territory or jurisdiction of Member’s residence outside the United States (“Foreign Jurisdiction”), require that the laws of such Foreign Jurisdiction shall govern, then the laws of such Foreign Jurisdiction shall govern including as noted in section 5 (Eligible Non-U.S. Residents Only) below.
4. General Provisions
A. These Terms & Conditions represent the entire agreement between Hard Rock and any Member with respect to the Program or any Program Benefits. In the event of any conflict between the Program’s rules, procedures or Program Benefits within versions of the Terms & Conditions, the most recent version of the Program Terms & Conditions as posted or communicated to Members by email to the email address in their account on the Program Website shall control.
B. These Terms & Conditions replace any and all previously-published information related to this Program and Hard Rock’s previous Rewards Programs
C. If a court of law holds any provision of these Terms & Conditions to be illegal, invalid or unenforceable, (a) that provision shall be enforced to the maximum extent possible and (b) the legality, validity and enforceability of the remaining provisions of the Terms & Conditions shall not be affected.
D. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS NOTED IN SECTION 5 (ELIGIBLE NON-U.S. RESIDENTS ONLY) BELOW, HARD ROCK DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES REGARDING THE REWARDS APP, PROGRAM WEBSITE, AND PROGRAM BENEFITS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HARD ROCK DOES NOT WARRANT THAT THE REWARDS APP OR PROGRAM WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. SUBJECT TO THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARD ROCK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PROGRAM, THE PROGRAM WEBSITE, THE REWARDS APP, THE PROGRAM BENEFITS, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING THE REWARDS APP AND ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EXCEPT IN CASES INVOLVING THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF HARD ROCK, OR UNLESS OTHERWISE SPECIFIED IN WRITING.
E. Employees of Hard Rock or any participating Hard Rock licensee, franchisee or location are not authorized to make modifications, any additional representations, commitments or warranties, or waive any provision of these Terms & Conditions.
F. In the event of any discrepancy between the English version and any translated version of these Terms & Conditions, the English language version will prevail, unless otherwise required by the law of the Member’s Foreign Jurisdiction (e.g. in France the French version will prevail).
5. Eligible Non-U.S. Residents Only
A. Country Specific Notices: If any provision of these rules is invalid under the law, rules or regulations of a particular country, it will only apply to the extent permitted.
B. For European Economic Area and Switzerland: The limitation and exclusions of liability set out above do not apply to you but you and Hard Rock agree that: Hard Rock will be liable for any reasonably foreseeable loss or damage you can show that you have suffered as a result of Hard Rock's failure to carry out its obligations under these Terms to a reasonable standard or breach of any duties imposed by law provided that: (a) Hard Rock shall not have any liability for events which neither Hard Rock nor its suppliers could have foreseen or prevented even if Hard Rock or its suppliers had taken reasonable care; and (b) as you are a consumer and not entering the Program in connection with any business Hard Rock shall not have any liability for any commercial or business-related damages, costs or losses. Hard Rock will be liable to you for death or personal injury caused by its negligence or if it acts fraudulently. Hard Rock will try and solve any disagreements with you quickly and efficiently. If you are not happy with the way Hard Rock deals with any disagreement you and Hard Rock may agree to refer the matter to arbitration as mutually agreed but you and Hard Rock are not restricted from bringing court proceedings in your country or elsewhere. Local mandatory consumer protection laws may be applied.
Effective May 3, 2016