Terms and Conditions Reward Programs

Terms and Conditions of Use

DEFINITIONS

Administrator means 360insights (Canada) Ltd.

Organizer means Johnson Controls-Hitachi Air Conditioning North America LLC, 8304 Esters Blvd Suite 810 Irving, TX 75063.

Program means the airRewards program, Hitachi Dealer Loyalty Program and all its component parts as the same may be amended from time to time.

Rewards means such reward items, including Experience Rewards, digital media, gift certificates and gift cards (in physical or electronic form), prepaid cards and vouchers from the online catalog, prizes, branded items, and other such one-off awards that Users may redeem Reward Points to purchase, as shall form part of the Program.

Reward Points means points awarded to Users that may be used for leaderboards/redeemed for Rewards under the terms and conditions of the Program.

User means each HVAC installer who has accepted these Terms and Conditions of Use.

Website means the website at https://airrewards.hitachiaircon.com

These Terms and Conditions of Use apply to Johnson Controls Hitachi (JCH)’s airRewards Program.

ACCEPTANCE

By accessing, transacting Reward Points, or using any aspect of the Program or Website, the User agrees to be bound by these Terms and Conditions of Use and the terms, conditions, disclaimers and limitations of liability posted in the rewards page by the Administrator on the Website. The Organizer reserves the right to amend or update any of these Terms and Conditions of Use at any time without providing notice to the User. By using the Website, the User acknowledges that he or she has read and understood these Terms and Conditions of Use.

ELIGIBILITY

This Program is open to Users who are a resident in US and are 18 years of age or older at the time of entry. A sponsored distributor will select certain distributor sales representative and dealers. Sponsored distributor will provide the following to the Organizer: sales representative’s first and last name, email address, and distributor’s company; dealer’s company name, company phone number, company email address, company address, company website (if applicable), User’s name, User’s title, User’s phone number, User’s mailing address, and User’s email address. This information is shared with Third Party and the Organizer to pre-register the sales representative, and dealer company and user. The User will receive an email from the Administrator, and User will need to confirm the pre-registration information is correct and create a password so User can access the program’s website. Once the User accesses the website, he or she can obtain a Welcome Kit by confirming company information and a ship-to address. Users must obtain the prior permission of their employer to participate in this Program. This Program cannot be combined with any other of the Organizer's programs, offers or rebates.

The Program and its benefits are offered at the discretion of the Organizer and its affiliated companies, and the Organizer has the right to terminate the Program or to change the Program terms and conditions (including these Terms and Conditions of Use), rules, benefits, conditions of participation or rewards levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of the Reward Points (if used as part of the Program) already accumulated. It is the User’s responsibility to maintain his or her knowledge of these Terms and Conditions of Use.

Users who participate in the Program as part of a sales incentive may not be able to obtain Reward Points on all products or all sales.

Employees of the Organizer, its affiliated companies, advertising agencies, gift suppliers or other representatives, or members of the respective immediate families of such employees and anyone with whom such employees are domiciled are not eligible to participate in any sales related Program.

TO PARTICIPATE

Dealers

Users will receive Reward Points based on installations and registrations of Hitachi residential mini-split systems. Dealers earn points starting with the first system they register. Qualifying systems and associated Reward Points can be found online when Users log-in or from User’s sponsored distributor. Reward Points can be redeemed for a prepaid debit card, tangible goods, or an e-voucher.

Sales Representatives

Users will receive Reward Points based on the agreement between Hitachi and the sponsored dealer.

The Organizer is not responsible for lost, corrupted or delayed entries. Participation constitutes full and unconditional acceptance of these Terms and Conditions of Use. Any failure by a User to follow the rules of the Program or these Terms and Conditions of Use, any abuse of the Program, any conduct detrimental to the interests of either the Organizer or the Administrator, or any misrepresentation of any information furnished to the Organizer or the Administrator may result in the termination of his or her participation in the Program, the termination of the User’s account and the cancellation of accrued Reward Points and/or benefits.

TIMING

This Program runs from March 1 until December 31st 2024 (inclusive). Organizer may renew and/or extend for one (1) year increments the program.

USE OF DATA

The Administrator may collect personal data which each User provides when he or she registers for the Program and is shared with a Third Party, 360insights. The purpose(s) for which such personal is collected and the way in which it is used is set out in the Privacy Policy found on the Website. By checking the ‘accept terms and conditions’ box on the Website, you agree to such use and acknowledge that you have read and accept the Privacy Policy.

Where the Organizer factually acts as: (i) Processor of Personal Data (as defined therein) on behalf of User, the terms at www.johnsoncontrols.com/dpa shall apply; (ii) Controller: the Organizer will collect, process and transfer certain Personal Data of Users and its personnel related to the business relationship between it and Users (for example names, email addresses, telephone numbers) as Controller and in accordance with the Johnson Controls Privacy Notice at https://www.johnsoncontrols.com/privacy. User acknowledges the Johnson Controls Privacy Notice and strictly to the extent consent is mandatorily required under applicable law, User consents to such collection, processing and transfer. To the extent consent to such collection, processing and transfer by the Organizer is mandatorily required from User’s personnel under applicable law, customer warrants and represents that it has obtained such consent.

EARNING REWARD POINTS

Reward Points will be awarded to each dealer based on installation and registration of Hitachi mini-split systems. Sales Representatives will receive Reward Points based on the agreement between Hitachi and the sponsored dealer.

Users may opt to either:

(i) save Reward Points awarded for redemption at a later date; or
(ii) redeem some or all of the Reward Points awarded for Rewards through the Website Reward Points must be redeemed via the Website.

Rewards, once chosen, can only be changed if the User contacts the Administrator’s customer service team at airrewards@360insights.com within 24 hours of the redemption.

Reward Points will expire after 12 months of allocation to the User’s account without any compensation unless redemptions are made within that 12 month period.

Fraudulent use of accounts and Reward Points on a User’s account will result in the account being immediately suspended. Fraudulent activity may result in the termination of the User’s account and the cancellation of accrued Reward Points, Rewards and/or benefits.

REDEEMING INSTANT POINTS VOUCHER CODES

Reward Points will be automatically credited to a User’s account on redemption of an instant points voucher code. Codes must be redeemed prior to the published expiry date.

Users may opt to either:

(i) save Reward Points awarded for redemption at a later date; or
(ii) redeem some or all of the Reward Points awarded for Rewards through the Website Rewards Points must be redeemed via the Website.

Rewards, once chosen, can only be changed if the User contacts the Administrator’s customer service team at airrewards@360insights.com within 24 hours of the redemption.

PREPAID CARDS

If prepaid debit cards are offered as Rewards as part of the Program, Reward Points must be redeemed via the Website directly onto a prepaid debit card.

All prepaid cards must be activated prior to use by following the instructions given by the card provider.

Users must agree to the prepaid debt card provider’s terms and conditions which are available upon request. Additional cardholder fees apply.

In the case where the cumulative card load exceeds any applicable KYC (Know Your Customer) limit, additional KYC information may be required from the User to enable the card to be upgraded. The card will not be loaded with any further funds until KYC has been completed. A list of acceptable KYC documents can be supplied by the card provider.

The User acknowledges that the card provider may retain User data and has the right to suspend the prepaid debit card service in the event of such an instruction being made by any governmental, law enforcement or regulatory authority or if misuse or fraudulent activity is suspected. None of the Administrator, the card provider or the Organizer shall have any liability for direct or indirect losses as a result of suspension of the prepaid debit card service.

Each User must advise the Administrator immediately on becoming aware that any prepaid card has been lost or stolen. Cards declared as lost in transit which have not been activated will be replaced by the Administrator.

Once a card is activated, all risk for the funds on the card passes to the individual User. In the event of a lost, stolen or damaged card, the card provider may issue a replacement card with the available balance at the point of notification transferred to a new card less any applicable charges for re-issuance.

In the case of misuse or fraudulent activity of a prepaid debit card service, each User acknowledges that he or she must comply with all requests for data or actions to be taken as given by the Administrator, the card provider or any governmental, law enforcement or regulatory authority.

ORDERING REWARDS

Reward Points may only be redeemed via the Website. Users will submit a claim and upload documentation/proof of purchase. Qualifying systems and associated Reward Points can be found online when Users log-in or from User’s sponsored distributor. Reward Points can be redeemed for a prepaid debit card, tangible goods, or an e-voucher. Rewards, once chosen, can only be changed if the User contacts the Administrator’s customer service team at airrewards@360insights.com within 24 hours of the redemption.

Submission of a completed application form does not guarantee the User's awards. Rewards under this Program are offered on a first-come, first-served basis and are subject to User’s eligibility as outlined in this Program.

Reward Points cannot be redeemed for cash, check, bank deposit or any other kind of payment by the Organizer to the User.

Users may not pool, transfer or combine Reward Points with any other User or person in order to redeem Rewards.

Users may not combine cash, checks, bank deposits or any other kind of payment with Reward Points to redeem Rewards. Rewards can only be redeemed by using Reward Points.

Delivery is only available to the User’s country of residence in US and Canada.

Experience Rewards will be fulfilled by the User’s direct arrangement with the Experience Reward supplier, in accordance with each individual supplier’s terms and conditions, availability, lead-time and capability.

Reward substitution

In the case of a Reward not being available (whether through obsolescence, discontinuance or lack of available stock or otherwise), either the Administrator or its supplier will contact the User within 7 days of placing the order and offer a replacement Reward of similar value. If the User does not wish to accept the replacement Reward, the original value of the Reward deducted from the User’s account will be re-credited.

The Administrator and its suppliers each reserve the right to remove or include any Reward from the range available to Users at its discretion and Users may not rely upon the continued availability of a Reward category or individual Reward.

The Administrator will endeavor to honor any Rewards that have already been ordered by a User prior to any price alterations.

Delivery and Returns

The delivery of Rewards will be made to Users by the supplier(s) engaged by the Administrator. Shipping and delivery lead times vary but are not expected to exceed 25 business days. Wherever possible, the supplier(s) engaged by the Administrator will notify Users via email or by phone of a Reward’s shipment arrangement and status.

The delivery of all Rewards will be made to the address as supplied by the User or the Organizer at the time of order. The delivery address for Rewards should be to an address where the Reward can be signed for if necessary. If a delivery is unsuccessful for any reason, the User will be responsible for supplying alternative delivery information to the supplier. Any costs of arranging re-shipment and handling of undelivered items will be passed on to the User or the Organizer. Lead times for any re-delivery will be at the discretion of the supplier.

Users must refuse delivery of damaged or broken Rewards if apparent before opening the package and the supplier must be advised by the User within 24 hours of the delivery date so that the supplier can investigate and, if authorized by the supplier, arrange for replacement Reward(s) to be shipped. If the package is opened and the Reward is then found to be damaged or broken then the supplier must be advised by the User within 24 hours of the delivery date so that the supplier can investigate and, if authorized by the supplier, arrange for replacement Reward(s) to be shipped. Any damaged or broken Rewards must be returned by the User immediately to the supplier in the original condition. The supplier will pay for return shipment and subsequent re-shipping of the Reward, subject to continued availability. The supplier will only offer a replacement for Rewards that are damaged or broken when received by the User. For Rewards that are not damaged or broken but are not in working condition or faulty, the supplier will not replace the Reward, but will assist the User in contacting the manufacturer to facilitate after-sales support.

Each User acknowledges that some Rewards are not returnable and non-refundable (e.g. items with a customized aspect or which are made to order, perishable goods such as flowers/food or personal items such as jewelry or cosmetics). The supplier will not accept returns for apparel that has been worn.

Once the Reward has been received by the User, provided there is no damage or fault at the time of delivery, the User accepts all risks for the Reward and will need to contact the manufacturer if a fault develops at a later stage as per the manufacturer’s warranty terms and conditions.

Gift Cards and Gift Certificates

Gift card and gift certificates may not be returned unless the return is due to the incorrect distribution by the supplier. All gift cards and gift certificates will be dispatched by the supplier according to the information provided by the User. The Administrator will have no responsibility for any gift certificates or gift cards that are lost or stolen once delivered. Where a User reports a voucher or gift card as lost or stolen, the Client acknowledges that a fee may be deducted from the balance of the card for the issuance of a replacement. The Administrator is not liable for any refusal of a retailer to deactivate or provide credit or replacement of a lost or stolen gift card or voucher.

Gift cards and gift certificates that are lost or stolen in transit must be reported by the User to the Administrator customer service team immediately.

Gift cards and gift certificates may not be transferred or re-sold by a User to any third party, whether for payment or free of charge.

Orders for gift cards and gift certificates may be fulfilled with a single card for the value redeemed or in multiples of a smaller denomination.

Order Disputes

For orders of Rewards shipped by tracked delivery, the supplier will provide a proof of delivery document or other supporting information within 2 weeks upon inquiry of any order disputes. Courier companies will only normally provide proof of delivery for a period of up to 2 to 3 months. Users must report any order disputes as early as possible. If any order dispute is raised after 2 months from the date of shipment, proof of delivery documents may not be available and neither The Administrator nor its supplier(s) will accept any liability to the User in respect of any such dispute.

CHANGES TO DISTRIBUTOR

Dealers may only redeem Rewards Points through their sponsored distributor. Dealers are only allowed to switch distributors once a year. If participants wish to switch distributor, they can request the change to airrewards@360insights.com by September 30th. If approved, the change would occur for the next calendar year, and points with the previous distributor are non-transferable.

TERMINATION

The Organizer or the Administrator reserves the right in its sole discretion to cancel or suspend the Program at any time without any liability or charge.

Users will be given written notice of Program termination and all Reward Points must be redeemed within 30 days following such written notice. Any Reward Points not redeemed in accordance with the foregoing will be forfeited.

TAX

To the extent any element of the Program (including, without limitation, Reward Points, Rewards, Experience Rewards) is deemed taxable income or employee compensation under applicable law or regulation, the User is solely responsible for its own and for ensuring each User’s compliance with any and all taxation requirements including, without limitation, reporting of income or compensation and payment of any resultant taxes. The Administrator has no responsibility for any taxation or reporting to any taxation authority and the Administrator is not responsible for obtaining or providing any tax advice to any User.

GENERAL

Save as set forth above, no correspondence will be entered into regarding either this Program or these Terms and Conditions of Use. In the unlikely event of a dispute, the Organizer’s decision shall be final. The Organizer and/or the Administrator reserve(s) the right to amend, modify, cancel or withdraw this Program at any time without notice.

The Organizer and/or the Administrator cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Users in this Program agree that the Organizer and the Administrator will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind (including indirect or consequential damages) resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a Reward, or from participation in this Program. Nothing in this clause shall limit the Organizer’s or the Administrator’s liability in respect of death or personal injury but only to the extent arising out of its own negligence or arising out of fraud. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORGANIZER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE REWARDS OR THE ELIGIBLE PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ORGANIZER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL ORGANIZER OR ITS AGENTS OR AFFILIATES BE LIABLE, WHATEVER THE LEGAL BASIS FOR THE CLAIM, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, LIQUIDATED OR PUNITIVE DAMAGES OR FOR ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF USE, LOSS OF REVENUE OR PROFITS, LOSS ARISING FROM DELAYS, LOSS OF DATA AND OTHER LOSSES ARISING FROM VIRUSES, RANSOMEWARE, CYBER ATTACKS OR FAILURES OR INTERRUPTIONS TO NETWORK SYSTEMS, ARISING OUT OF, BASED ON, OR RESULTING FROM THE PARTICIPATION ON THE PROGRAM OR RELATED TO THE ELIGIBLE PRODUCTS OR THE REGARDS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT USER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

IN NO EVENT SHALL ORGANIZER AND ITS AFFILIATES AND THEIR RESPECTIVE PERSONNEL, SUPPLIERS AND VENDORS BE LIABLE FOR ANY DAMAGES, CLAIMS, DEMANDS, SUITS, COSTS, OR LOSS RELATING TO THIS PROGRAM IN ANY AMOUNT EXCEEDING REWARDS GRANTED HEREUNDER, REGARDLESS OF THE CAUSE OR FAULT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

User shall indemnify Organizer and its related companies and their respective officers, directors and employees from any claims, losses, damages and expenses (including attorney’s fees) which may be suffered or incurred by any of them as a result of any claim or acting arising in any manner from: (i) any intentional misconduct or negligent act or omission of Users, its agents, subcontractors or employees; (ii) User’s breach or non-compliance with the terms of this Program.

Audit: User agrees that Organizer (or its representatives or agents), shall have the right to examine and audit, upon reasonable notice as to the scope of the audit, any and all such documents and records relating to the Rewards and this Program for any reasonable business purpose, including without limitation, the accuracy of User’s registration, reporting and validating compliance with the Program’s terms. User shall provide to Organizer (or its third-party auditors) any assistance they may reasonably require in connection with such audit.

User including its officers, directors, employees and agents, shall use only legitimate, legal and ethical business practices to comply with the Program. User agrees to abide by Johnson Controls’ Code of Ethics, which can be found at valuesfirst.johnsoncontrols.com.

By joining this Program, User will not constitute, create, or in any way be associated with Organizer or interpreted that formed a joint venture, partnership, or formal business organization of any kind with Organizer. Organizer and User are independent parties.

Interpretation of the Program’s terms and conditions will be made solely by Organizer. The Reward is only subject to the Program’s complete terms and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Rewards.

BY ENTERING INTO THE PROGRAM, YOU REPRESENT AND WARRANT TO THE ORGANIZER THAT YOU UNCONDITIONALLY AGREE WITH THE TERMS AND CONDITIONS OF THE PROGRAM].