PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
The Bloomspot website is provided by Bloomspot, Inc. and/or its affiliates and subsidiaries ("Bloomspot," "we," us," "our") for your and others' personal, non-commercial enjoyment, subject to the terms and conditions of use set forth here and all modifications thereto (the "Terms"), and the rules that may be published from time to time by Bloomspot. By using the Site, you are explicitly agreeing to these Terms. The term "Site" includes the website located at bloomspot.com and any other online properties owned or operated by us.
We may change the Terms from time to time and at any time without actual notice. All such changes to the Terms will appear on our Site. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms, please do not use this Site.
Bloomspot, via the Site, provides users with access to recommendations for activities and experiences ("Services"). The Services also include opportunities to purchase prepaid reservations, services, or products from third-party merchants ("Offers").
The Merchant, not Bloomspot, is the seller of the goods and services and is solely responsible for redeeming certificates. The certificates purchased and printed from the Site ("Certificates") are promotional certificates that may be offered to customers below their face value and shall be subject to the terms and conditions of Bloomspot and the participating Merchant. As the issuer of the Certificate, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Certificate.
Each Offer is subject to specific terms, conditions, and restrictions that will be displayed at the time of purchase. Unless otherwise stated in the Certificate or required by law, the following additional terms apply to all Certificates:
Event certificates redeemable for a ticket or admission to a specific ticketed event at a named venue. Event tickets are revocable licenses and have no value once the event date and time has passed. Event Tickets are only refundable: (i) by request until midnight on day of purchase; (ii) automatically if the event is canceled and not rescheduled, and (iii) upon request if event is rescheduled. Event Tickets: (a) include all taxes and additional fees; (b) do not include gratuity; (c) are ineligible for upgrades, and (d) may not be used in conjunction with other offers.
The following applies to Offers for prepaid hotel reservations ("Hotel Offers"):
Bloomspot works with hotel suppliers to facilitate the booking of prepaid reservations for hotel rooms. By placing an order for a Hotel Offer, you submit a reservation request and authorize Bloomspot to facilitate the booking of reservations on your behalf, including making payment arrangements with the hotel supplier.
Unless otherwise stated in the Offer, taxes and fees are not included in the price of Hotel Offers, and Bloomspot does not collect any taxes that may be applicable to your hotel reservations. Hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions.
Hotel Bookings are non-transferrable, may not be sold, auctioned, or bartered, and have no value once the check-in date has passed. Bloomspot does not facilitate and is not liable for any special requests, which may be accommodated directly with the merchant prior to check-in at the merchant’s discretion. Cancellations to Hotel Bookings may only be made through Bloomspot through the deadline specified in the Fine Print and Details of the Hotel Booking. Cancellations to any Hotel Booking after the cancellation deadline and modifications to the traveler’s name are at the discretion of the merchant.
Bloomspot strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the merchant may require and violation of such additional rules and restrictions may result in additional charges and the cancellation of your Hotel Booking.
"bloom rewards" (formerly known as "bloombucks") are a form of Bloomspot currency that may be applied as a credit towards future Bloomspot purchases. bloom rewards may be credited in for several reasons - including promotional rewards (given to certain customers in connection with a specific promotion, contest or sweepstakes), loyalty rewards (given as a result of participating in Bloomspot Encore – formerly known as Bloomspot PRIME), and customer service (given when deemed appropriate). bloom rewards expire one month after the date of purchase or issuance, unless another expiration date is explicitly stated at the time of the credit, except where expiration of Paid Bloom Rewards is prohibited by law. bloom rewards are not returnable or refundable for cash, except where required by law. Resale of bloom rewards is strictly prohibited.
Bloomspot provides Members with Rewards Programs (including, but not limited to, "Bloomspot Encore", and "Walk-In Offers") for which Members can earn rewards, in the form of Bloom Rewards, from participating in the program. The maximum amount of Bloom Rewards that a customer can earn from a single action, transaction, receipt submission, or merchant visit is capped at $200.
Top Encore members--as determined by spend at Encore merchants--obtain “Encore Platinum” status. Members with Encore Platinum status receive 10% off all Bloomspot purchases. A maximum Encore Platinum discount of $100 can be applied to any purchase. The Encore Platinum discount cannot be combined with other discounts and is not transferable. The list of members qualifying for Encore Platinum updates regularly, and members with Encore Platinum status can lose their status at any time.
Bloomspot offers users the opportunity to support certain charitable causes through the Community Circles program available on the Site ("Circles"). After opting to participate in Circles, you may elect to have Bloomspot contribute 10% of the purchase price for any Offer that you purchase to a charitable organization of your choosing ("Contribution"). You will be prompted to select and confirm any Contribution during the Offer purchase checkout process. When you submit the choice to assign a Contribution, you agree to these Terms.
You understand that your Contribution will be made to Bloomspot directly, who will then disburse your Contribution to the organization of your choice. We shall not request or receive any item of value from nonprofits or fundraisers in connection with our transmittal of any Contribution.
We make Contributions to two types of organizations, nonprofits ("Nonprofits") and community fundraisers ("Fundraisers"). Nonprofits are organizations that are tax-exempt under section 501(c)(3) of the Internal Revenue Code. (Please note that we do not independently verify the validity of the 501(c)(3) status of either Nonprofits or Community Fundraisers.) Contributions to Nonprofits are made through Network for Good, a third-party, nonprofit, donor-advised fund, which will then distribute your Contribution to the Nonprofit(s) you have indicated. Fundraisers are privately-supported organizations that (a) do not engage in illegal activities, and (b) comply with Executive Order 13224 and the U.S. Patriot Act in their entirety, including by not engaging in any activities associated with terrorism and/or providing material support or resources for terrorism. The Nonprofits and Fundraisers listed on our Site are for your information and knowledge purposes only; Bloomspot does not take responsibility for or independently verify the actions or activities of any Nonprofit or Fundraiser. Please make whatever investigations or research you feel necessary before making a Contribution. Please note that in making a Contribution to a Fundraiser, YOU ARE REPRESENTING AND WARRANTING THAT THE DESIGNATED FUNDRAISER DOES NOT ENGAGE IN ANY ILLEGAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES THAT VIOLATE EXECUTIVE ORDER 13224 AND THE U.S. PATRIOT ACT. In relying on your representation, Bloomspot will not independently verify the legality of the designated Fundraiser. However, we reserve the right to discontinue or refuse any Contribution with notice to you. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD BLOOMSPOT, ITS AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES HARMLESS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING IN ANY WAY FROM UNLAWFUL ACTIVITIES OF FUNDRAISERS TO WHOM YOU DESIGNATE AS A RECIPIENT OF YOUR CONTRIBUTIONS, OR THE FAILURE OF SUCH FUNDRAISERS, TO COMPLY WITH EXECUTIVE ORDER 13224 AND/OR THE U.S. PATRIOT ACT.
While we will attempt to make Contributions to your designated Nonprofit or Fundraiser, we shall not be liable to you, the Nonprofit, or the Fundraiser for the failure of such attempt to succeed in effecting a Contribution. You also may not cancel or change your designation of the party to whom a Contribution has been made. If we cannot donate to the Nonprofit or Fundraiser of your choice for any reason, we will notify you by e-mail. Nothing herein grants any Nonprofit or Fundraiser any right in, or to receive, any designated Contribution prior to the Nonprofit or Fundraiser's physical receipt of a check from Bloomspot conveying such Contribution.
Please note that Bloomspot reserves the right to cancel or modify the Circles program at any time.
The following are the official rules for all sweepstakes offered on Bloomspot's Site.
No Purchase or Entry Fee is Required to participate. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
All Bloomspot sweepstakes are open to US residents only.
All sweepstakes entrants, including the winner, must be 21 years of age or older as of the date of entry.
Sweepstakes subject to all federal, state and local laws and regulations.
Entrants must send entries using the correct email address, full name, and any other specific entry information requested in the sweepstakes announcement, including but not limited to, entrant's address of residence, zip code, and/or phone number. Bloomspot is not responsible for and will not consider incomplete or incorrect entries, including emails sent but not received by Bloomspot for any reason, as potential sweepstakes winners. Bloomspot is not responsible for any problems with your entry, including technical failures related to computer, telephone, cable, and unavailable network or server connections, or other failures related to hardware, software or virus, or incomplete, late or misdirected entries.
There will be one (1) winner per Bloomspot Sweepstakes. Winners of all Bloomspot Sweepstakes and Promotions (hereinafter "Sweepstakes") will be chosen at random, by unbiased third party draw service. Only one entry per email address will be considered for Sweepstakes entry, unless multiple entries are specifically allowed in the sweepstakes posting. Unless otherwise specified in an individual Sweepstakes post, no person may enter any Sweepstakes more than once using multiple email addresses.
Winners of all Sweepstakes will be contacted by email (hereinafter "winner announcement email"), at the email address (hereinafter "winning email address") provided when entering the sweepstakes. The person who receives and replies to the "winner announcement email" will be considered the winner unless they specify another person within the reply email as the winner. The winner will be required to provide a mailing address for the Sweepstakes prize to be mailed. Bloomspot will mail the Sweepstakes prize to the address supplied by the recipient of the "winner announcement email."
Claiming of prizes requires an email response to Bloomspot from the winning email address within seven (7) calendar days of the winner announcement email being sent to the winning email address. Failure to respond to Bloomspot by email within 7 calendar days will result in forfeiture of the prize. Bloomspot is not responsible for and will not consider incomplete or incorrect entries, or emails sent but not received by Bloomspot, for any reason. Bloomspot reserves the right to disqualify any person tampering with the operation or conduct of the Sweepstakes, including, without limitation, the entry process or the operation of the web site or otherwise violating these rules. [Bloomspot is not required to award elsewhere any prizes forfeited by the chosen winners. Bloomspot reserves the right to cancel, terminate or modify the Sweepstakes if it cannot be operated, conducted or completed as planned, for any reason.]
Winners are solely responsible for all taxes and/or fees that may be incurred from redemption of the Sweepstakes prize. Each prize winner must supply Bloomspot with his/her legal name, mailing address, birth date, and telephone number when requested in the winner announcement email Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. Neither Bloomspot, Bloomspot's sponsors, nor employees of Bloomspot or sponsors may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of usage of any winners of a prize once possession has been taken of the product by winner. Bloomspot is not liable for any loss arising out of or in connection with or resulting from any sweepstakes promoted by Bloomspot. Acceptance of a prize constitutes the winner's consent to the use of his/her voice, name, likeness, biographical information and/or photograph by Bloomspot for promotional or advertising purposes in connection with the Promotion. If the specified prize becomes unavailable due to unforeseen circumstances, Bloomspot may substitute a prize of like or equal value. Management, employees and families of Bloomspot are prohibited from winning any prizes awarded by Bloomspot. Bloomspot reserves the right to alter any rules of any sweepstakes at anytime. If you have any questions or complaints about a Bloomspot sweepstakes, please contact email@example.com.
This Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a "Contribution"), forums, chat room, message board, newsgroup, charitable causes, or any other interactive service that may be available to you on or through this site (collectively, the "Services") are provided to you solely for knowledge and entertainment purposes. By using the Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Site or Services to:
You also agree that you will not harvest, collect, or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that we are not responsible for material submitted to the Site by users. We do not pre-screen, monitor, review, or edit the Content posted by users. However, we and our designees have the right, at our sole discretion, to refuse or remove any Content, in whole or in part, that, in our judgment, does not comply with these Terms or is otherwise undesirable, inappropriate, or inaccurate. However, we are not responsible for any failure, non-failure, or delay in removing such Content, except as is necessary to comply with any requirements of the Digital Millennium Copyright Act. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us. You agree to immediately notify us of any unauthorized use of the Services or any other breach of security known or suspected by you.
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Bloomspot, its users, or the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings, Contributions, or other information submitted by you or other users to our site.
Any or all Content on the Site may be purged periodically using our sole discretion. You acknowledge and agree that Content you view, submit, or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages, or other materials created by us or submitted to us, including Content. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect our views, and we do not support or endorse Content (including any Contribution, whether or not edited by us or our designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any user.
Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, display, or commercially exploit any material from the Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Site.
Your interactions with other members on the Site or third parties (including charities and advertisers) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Bloomspot will not be responsible or liable for any loss or damage incurred as a result of such dealings.
In operating this site, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.
By communicating with us, including submitting or sending Content, a Contribution, or other information or material to us, you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part, including any information, suggestions, ideas, drawings, or concepts contained in such Content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a feature of our offering. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us.
You also warrant that any "moral rights" in posted materials have been waived.
You may be able to link to third parties' sites ("Links") from our Site. Links are not, however, reviewed, controlled, or examined by us in any way and we are not responsible for the content, availability, advertising, products, or other materials of any such Links, or any additional links contained therein. These Links do not imply our endorsement of or association with the Links. It is your sole responsibility to comply with the appropriate terms of service of the Links as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Links and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Links or the information or material accessed through these Links. You should direct any concerns to that site's administrator or webmaster. We reserve the exclusive right, at our sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Links from our Site and/or to introduce different features or links to different users.
All materials contained in this Site are the copyrighted property of Bloomspot. We are the sole owner of all content on the Site, including, without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. All title and intellectual property rights in and to the content of the Links is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
345 Ritch St
San Francisco, CA 94107
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
THIS SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS," AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, BLOOMSPOT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES (INCLUDING ORGANIZATION DESCRIPTIONS, MISSION, AND CONTRIBUTION AMOUNTS); AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION, OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE. YOU (AND NOT US OR ANY OF OUR AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
IN NO EVENT WILL BLOOMSPOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF BLOOMSPOT IN OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BLOOMSPOT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon request by Bloomspot, you agree to defend, indemnify, and hold Bloomspot, its affiliates, officers, directors, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, including your interaction with causes, companies, or organizations that advertise or solicit contributions on the Site, or other uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.
This Agreement will be governed by the laws of the State of California, excluding the conflict of laws principles thereof.
You shall not transfer, assign, sublicense, or pledge in any manner whatsoever any of your rights or obligations under this Agreement. Bloomspot may transfer, assign, sublicense, or pledge in any manner whatsoever any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Bloomspot reserves the right, at its sole discretion, to immediately, with or without notice, to suspend or terminate your registration and/or your access to all or a portion of the Site and/or remove any registration information from the Site for any reason (including your breach of any of the Terms).
If you have any questions about this policy or our site in general, please contact us.