Flash Rewards Terms and Conditions
Vesey Studios, LLC
Email: flashrewardssupport@veseystudios.com
Updated: October 18, 2022 The Flash Rewards App and Flash Rewards Web experience are operated by the same team but each version has separate and distinct program requirements. Coins, offers, content, or promotions earned on the App cannot be used on the Web version while coins, offers, or content earned on the Web version cannot be used on the App.
Vesey Studios, LLC (“Vesey Studios” or “we”) operates the mobile application “Flash Rewards” (the “Flash Rewards App”, “App” or “Flash Rewards”) and other mobile applications, where you can earn gift cards in exchange for registering and completing certain activities. For more information about Flash Rewards and our other mobile applications, please visit the official website at www.veseystudios.com. By accessing and using the Flash Rewards App, you agree to and accept these Terms & Conditions, as well as our Privacy Policy and any additional terms, conditions, and policies published on the Flash Rewards App (collectively, the “Agreement”). If you do not agree to and accept the terms of the Agreement in their entirety, you do not have permission to visit and/or use any of Flash Rewards.
Vesey Studio’s “Flash Rewards” app is not related to, nor has any affiliation with any other online app, service, or product with a similar name. Any points (coins), offers, content, or promotions for Vesey Studio’s “Flash Rewards” is only valid in this app. Likewise, content including points, offers, or reward redemptions from other apps with similar names are void and not redeemable using Vesey Studio’s “Flash Rewards” app.
This app is intended for use in and by residents of the US and Canada only. If you are not a US or Canadian resident, you do not have permission to download or make any attempted use of the app.
Mandatory Arbitration. For United States residents only, these Terms & Conditions contain a mandatory arbitration provision, as detailed below, that requires you to arbitrate, individually, all disputes or claims that you may have with us, our parent, or related parties (collectively, “Related Parties”) who are third-party beneficiaries of the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. There are two narrow exceptions to the mandatory arbitration provision: (1) you may opt out by providing written notice of your decision to do so within thirty (30) days of the date that you first register on the Flash Rewards App; and (2) you may opt-out by filing a claim in Small Claims Court provided the requirements described below are met.
Mandatory arbitration does not apply if you are a Canadian resident,
How the Flash Rewards App Works.There is no cost to download or use the Flash Rewards App. However, to earn rewards, you must complete activities ("Offers") to earn points (coins) which can be used to redeem rewards, such as gift cards. Offers may require a purchase and include activities such as taking surveys, installing other apps, subscribing to a service, entering sweepstakes, watching videos, or playing games. Some Offers may require you to achieve specific goals, such as earning a certain number of coins in a game or reaching a particular level.
Create an Account. Before using Flash Rewards, you must create an account. You must provide complete and accurate information, including your legal name and actual birthday. Users are limited to a single account. Duplicate accounts may be deleted without notice and any coins earned on a duplicate account will be forfeited.
Earn Coins. Coins have no monetary value and cannot be redeemed for real cash. The exchange rate of coins for rewards is posted in the app and may change at any time. Coins can be refunded at our discretion.You must comply with the terms of an offer to earn the coins for the offer. For example, you may not receive coins if you cancel during or within a day after the trial period as specified in the terms of the offer. You may also not receive coins if you do not complete a goal or level in a game as specified in the offer terms.
Redeem Rewards. Once you have earned the requisite number of coins required for the gift card of your choosing, you may redeem rewards and will receive the selected gift card. We may provide additional instructions in the Flash Rewards App for more information on redeeming rewards. All reward redemptions are final. Any rewards and coins that have not reached the minimum payout requirements or are not redeemed after six (6) months are subject to being forfeited at Flash Reward’s discretion. We make no guarantee as to the nature, quality, or value of the prizes provided by third parties. Please note, that rewards for Canadian residents will be fulfilled in Canadian Dollars (“CAD”).
Reward Substitution
Rewards may change from time to time. Should the originally advertised reward become unavailable, we reserve the right to substitute the reward with one of equal or greater value.
Prohibited and/or Fraudulent Activities
You may not: (i) tamper with, alter, or abuse the Flash Rewards App or use any robots, scripts, automation, or similar methods to undermine the operation of the Flash Rewards App; (ii) transmit harmful code or files such as worms, viruses, malicious scripts, or other destructive code; or (iii) have multiple accounts. Any attempt by any person to deliberately undermine the legitimate operation of the Flash Rewards App may be subject to civil action and face criminal prosecution under the law.
Face Verification
You may be asked to verify your face via a ‘video selfie’ by consenting to use a third-party face verification technology (“Face Verification”). We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes, or fraudulent use of software or by users who engage in prohibited and/or fraudulent activities. Prior to redeeming a reward, you may be prompted to provide a video selfie using your mobile device’s camera. This video selfie provides us with a face map (a mathematical representation of your face generated through our third-party provider, FaceTec). This video selfie is encrypted on your mobile device before being sent to our servers for processing and data from the video selfie is linked to your user account to ensure the uniqueness of your user registration within the Flash Rewards App. If you do not consent to use the Face Verification feature, you will be provided other means to verify your compliance with these
Terms & Conditions that do not require a video selfie. While we do not store, sell or share your video selfie, data related to the Face Verification process is stored for up to six months. If you choose not to or are unable to use Facetec for any reason, you can contact the Customer support team here "https://cs.flashrewards.veseystudios.com" and follow the steps to get verified through the third-party ID verification process and continue the process towards getting your gift card.
Age
You must be 18 years or older to download or use the Flash Rewards App. We reserve the right to immediately terminate the access of anyone who we believe is under the age of 18.
Termination
We may terminate any user's account or access in full or part to any App at our sole discretion without notice or reason. Termination may include, but is not limited to, account deletion, removal of the App, and access to all offerings including coins and rewards, content, and data within the App. At our discretion, Flash Rewards may delete accounts that have been inactive for ninety (90) days or more and/or remove any accumulated coins in whole or part from the user's account.
Tax Liability.
You are responsible for all local, state, and federal taxes on any reward you receive.
Arbitration/Dispute Resolution – US Residents Only.
THE FOLLOWING DOES NOT APPLY TO CANADIAN RESIDENTS.
You agree to arbitrate any and all claims arising out of or related to the Agreement. If you have a dispute concerning any aspect of the Agreement, including without limitation, your use of the App, participation in an Offer, entitlement to a reward [or a telemarketing call or SMS/text message that you received from us or a Marketing Partner], you should first contact Flash Rewards customer support on the App or complete a customer support ticket. We will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of a customer support ticket. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, if we can't otherwise satisfactorily resolve your dispute, or if you choose to skip this step, you must submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/.
An AAA arbitrator will have exclusive authority to resolve any dispute or claims that you may have with us, an Offer provider [—and our Marketing Partners who are third-party beneficiaries of the mandatory arbitration provision—] arising out of or related to the Agreement. Matters subject to mandatory arbitration include, without limitation, whether this Arbitration/Dispute Resolution provision applies to your particular claim or dispute, and any claim that all or any part of the Agreement, including this provision, are/is unenforceable. If the claim is against us, you will need our mailing address to file online. To obtain our mailing address, contact us by clicking here.
Either party may submit the dispute for resolution by arbitration at a location reasonably convenient to both parties. If either party files for arbitration, it will be conducted in accordance with the then-current AAA Consumer Arbitration Rules. If you proceed to arbitration against us, you will pay all AAA filing fees and we will pay for all administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration against us and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration.
Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit.
Class Action Waiver. The arbitration provision contained in these Terms & Conditions does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent agreement.
Exceptions to Mandatory Arbitration. There are two narrow exceptions to mandatory arbitration. First, you may opt-out of the Arbitration/Dispute Resolution provision by providing written notice of your decision within thirty (30) days of the date that you first download the App. To obtain our mailing address, contact us by clicking here.
Second, you may choose to pursue your dispute or claim in Small Claims Court rather than by arbitration but only if your dispute or claim qualifies for Small Claims Court in a location where jurisdiction and venue over both you and Vesey Studios is proper. Other than these two exceptions, you must arbitrate any claims as provided above.
Agreement; Choice of Law/Jurisdiction and Venue.
For US residents, you agree that these Terms & Conditions constitute the agreement between us and that New York law controls, without regard to conflicts of law provisions. Any dispute that is not resolved by arbitration and proceeds in a state or federal court will be adjudicated in a court in the state of New York. You expressly waive any defense or objection to venue or personal jurisdiction.
For Canadian residents and to the extent permitted by applicable law and except for individuals residing in the province of Quebec, you agree that these Terms & Conditions constitute the agreement between us and that Ontario law controls, without regard to conflicts of law provisions. Any dispute will be adjudicated in a court in the province of Ontario. You expressly waive any defense or objection to venue or personal jurisdiction. To the extent permitted by applicable law and for individuals residing in the province of Quebec, you agree that these Terms & Conditions constitute the agreement between us and that Quebec law controls, without regard to conflicts of law provisions. Any dispute will be adjudicated in a court in the province of Quebec. You expressly waive any defense or objection to venue or personal jurisdiction.
Indemnity
You agree to indemnify and hold Vesey Studios, its partners, subsidiaries, related parties, and each of their respective members, officers, trustees, employees, agents, contractors, other partners, and other affiliates harmless from and against any and all claims, expenses, (including reasonable attorneys’ fees, costs, and settlement costs), damages, suits, costs, judgments and losses made by third parties due to or arising out of (i) your use of the Flash Rewards App, user-generated content (“UGC”) or content on the Flash Rewards App; (ii) your breach of these Terms and Conditions; (iii) your violation of any rights including, but not limited to, intellectual property right; or (iv) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other submissions to the Flash Rewards App.
License
The user has a limited, non-exclusive license to use the app, including software and any related content for personal, non-commercial use only. The license is non-transferable and may be revoked at Vesey Studio’s discretion.
Intellectual Property
Unless stated otherwise, all content presented in the Flash Rewards App is the intellectual property of Vesey Studios. We own all the rights, titles, and interests associated with the Flash Rewards App, including the technology such as source and object codes and content. The content presented may only be used in the context of the Flash Rewards App. Misuse of any content or intellectual property displayed in the Flash Rewards App is prohibited and subject to criminal prosecution. The Flash Rewards App may be discontinued or modified at any time without notice. Vesey Studios is not liable to the user or any third parties for any suspension, modification, or discontinuance of the Flash Rewards App.
Privacy Policy
Please review our privacy policy for more information concerning our collection and use of your information, the security of your information, and how to have your information deleted from our database. The Flash Rewards App may contain links to other sites or services. We are not responsible for the privacy practices, the content, or the security of such third-party sites.
Third-Party Advertisements Due to the nature of the App, you will encounter third-party advertisements and other content, as presented in the terms above. We are not responsible for and do not endorse the content displayed in any third-party ads. You agree to accept any and all third-party content presented in the App and will not attempt to block, cover, alter, or remove the material presented. This includes the use of other apps designed to block or suppress advertisements and other third-party content generated by the Flash Rewards App.
Accuracy, Availability, and Warranty For US residents, the Flash Rewards App is subject to change and is provided to you "as is" without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty that the activity and content relating to the Flash Rewards App will (i) meet your requirements; (ii) be uninterrupted, timely, secure, or error-free; or (iii) be accurate or reliable. We assume no responsibility for any damage to your computer system or loss of data that may have resulted from material downloaded or otherwise obtained through activity relating to the Flash Rewards App. We assume no responsibility for the deletion of, or failure to store, email messages and any other personalization settings in relation to activity and content relating to the Flash Rewards App. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms & Conditions. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. We do not represent that your use of any content will not infringe the rights of any third parties.
For Canadian residents and to the fullest extent permitted by applicable law and except where prohibited for individuals resident in the province of Quebec, the Flash Rewards App, Promotions, Rewards, and any third-party partner's products and/or services that you may receive from us, one of our Marketing Partners or other third-party partners (collectively “activity and content relating to the Flash Rewards App”) is subject to change and is provided to you "as is" without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty that the activity and content relating to the Flash Rewards App will (i) meet your requirements; (ii) be uninterrupted, timely, secure, or error-free; or (iii) be accurate or reliable. We assume no responsibility for any damage to your computer system or loss of data that may have resulted from material downloaded or otherwise obtained through activity relating to the Flash Rewards App. We assume no responsibility for the deletion of, or failure to store, email messages and any other personalization settings in relation to activity and content relating to the Flash Rewards App. Except where prohibited for individuals residing in the province of Quebec, no advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms & Conditions. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. We do not represent that your use of any content will not infringe the rights of any third parties.
Limitation of Liability.
For Canadian residents and to the maximum extent allowed by applicable law, and except for individuals resident in the province of Quebec, we will not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the Terms & Conditions, the Flash Rewards App, a Promotion or a Reward, no matter how caused. In no event will our total cumulative liability to any user exceed an amount equal to the lesser of (i) the value of the Reward for which the consumer has registered, (ii) $1,000, or (iii) the actual dollar amount the consumer spent on a Flash Rewards App completing sponsor Offers.
Liability Release.
To the maximum extent allowed by applicable law, and except for individuals resident in the province of Quebec, by accessing the Flash Rewards App, you release us and our respective parents, subsidiaries, and other associated companies, and the directors, shareholders, officers, employees, or agencies of any of the above organizations, for any and all liability for any injury, death, loss, tax liability or damage of any kind arising from your participation in the Flash Rewards App, or resulting from acceptance, possession, use or misuse of any sponsor offer or reward.
Updates.
We may revise these Terms & Conditions at any time. Where required by law, or at our discretion, we will send you notice of such changes, using any contact information available to us, between 60 and 90 days prior to the change for a change to an essential element of the program, and at least 30 days prior to another change. You may refuse to accept the change to a non-essential element of the program and rescind, or cancel your participation in the program without cost, penalty, or cancellation indemnity, by sending us to notice to that effect no later than thirty (30) days after the change comes into force, using the information in the notice of the Change. Your continued use of the Flash Rewards App evidences your acceptance of any changes. If you do not accept any of the Terms & Conditions or this summary, we ask that you not complete our registration process or access the Flash Rewards App.
