Welcome to our website! These are the Official Terms and Conditions of the Artist Rewards Program (“Terms”), operated by Manhead Merch, LLC, and delivered via the VIZ Bingo Application (collectively, “Program”). By entering into any Manhead Merch, LLC (“Manhead”) and The Smashing Pumpkins (“Artist”) sponsored rewards Program operated via VIZ Bingo, you, the participant, agree to abide by these Terms and the decisions of Manhead, such decisions which are final and binding in all respects.
THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW.
The Program is open solely to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, officers, directors, or agents of Manhead or Artist (collectively, “Promoter”) or any of Promoter’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
In addition to the foregoing eligibility requirements, you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
How to Participate
To participate, text the phrase “VIZ” to the telephone number +1 (844) 930-0207. Upon affirmatively opting in, you will receive an automated text or SMS/MMS message asking if you would like to subscribe to our automated promotional messages (for example, reminders for items in your shopping cart, discounts, and other offers), and, if so, you should reply “Y”.
By participating in the Program, you agree to receive automated text or SMS/MMS promotional messages at the phone number associated with your opt-in, but you are not required to make any purchase from Us. While you agree to receive messages sent via our automated messaging system, the foregoing shall not be interpreted to suggest or imply that any or all of Our messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).Please note, text or SMS/MMS message and data rates may apply for these automated promotional messages. Message frequency varies.
How to Stop Participating
If at any time you want to stop receiving our automated promotional messages or you do not want to continue participating in the Program, you may text/reply “NOBINGO” to the telephone number +1 (844) 930-0207. You may receive an additional message from Us confirming your decision to opt out of the Program, but we will use our best efforts to ensure you are removed from Program and cease receiving automated promotional messages. Please note, opting out of the Program does not mean that you will cease receiving email marketing communications from Us or other notifications related to your purchases, orders, or items in your shopping cart or wishlist.
You acknowledge and agree that the opt out procedure described in these Terms is most efficient and reasonable method of opting out of the Program. Furthermore, you acknowledge that VIZ Bingo, Our text message platform, or the third-party provider who operates our automated messaging platform, may not recognize and/or respond to unsubscribe or opt-out requests You make by texting or messaging the following phrases or keyword commands: “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT”. You acknowledge and agree that the foregoing phrases or keyword commands, including mis-spellings or variations thereof, are insufficient to adequately opt-out of the Program and that neither Manhead nor Artist and their respective affilitates shall have any liability for failing to honor such deficient opt-out requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
As you shop or make purchases of merchandise from Artist’s online e-commerce store, you may receive digital stamps. The digital stamps are used to play a mini version of bingo whereby, you attempt to get 3 squares unlocked to form a line that runs horizontally, vertically, or diagonally. Unlocking 3 squares in a horizontal, vertical, or diagonal line earns you complimentary offers, discounts, perks, and/or deals, which you have the ability to exercise or otherwise redeem. You will automatically receive a text message with your reward when you have completed a winning line. Please note that there are applicable deadlines or dates upon which the foregoing complimentary offers, discounts, perks, and/or deals will expire and these are set forth therein. We cannot indefinitely leave open complimentary offers, discounts, perks, and/or deals. You acknowledge and agree that these must eventually expire and, subject to passage of the applicable time, you waive your right to exercise any complimentary offers, discounts, perks, and/or deals from Us.
Please note, while we do our best to fulfill every customer order, supplies of merchandise are limited and we cannot guarantee that any offer, discount, perk, and/or deal you unlock through the Program will be available a point of sale or purchase. In the event a particular item or piece of merchandise is sold out or no longer available, we will attempt to offer you a substitute of similar quality or characteristic. You hereby acknowledge and agree that this constitutes a sufficient accommodation in such an event and that you will not be owed any additional consideration from Us.
Manhead reserves the right to terminate your participation in the Program at any moment if it determines, in its sole discretion, you are cheating, gaming, or otherwise employing inappropriate means or methods to exploit the Program.
The following graphic is intended as a helpful visual explanation or guide as to how the Program works:
A - 25% Off your next order
B - 25% Off your next order
C - $10 Off your next order
D - FREE essentials t-shirt on your next order
E - 20% Off your next order
F - 15% Off your next order
G - FREE US shipping on one order
H - FREE Accessory up to $15 on your next order
Please note, if you opt into the Program, you can expect to receive messages concerning the marketing, promotion, delivery and/or sale of artist merchandise including but not limited to apparel, accessories, and physical/digital media. Messages may also include checkout reminders.
Cost and Frequency of Automated Messages
Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. Please note, you may opt out of the Program at any time. See above “How to Stop Participating.” The Program involves recurring SMS/MMS, and additional mobile messages may be sent periodically based on your interaction with Us.
Support or Help
If you would like support or any help regarding the Program, please email us at firstname.lastname@example.org. You will need to provide us with sufficient information about you, and, if applicable, your issue in order for us to take steps towards resolving it. In addition, we make as for information about you prior to rendering any assistance in order to verify your identity and prevent potential fraud against you, Us, and Our third party partners.
Please note, that emailing us is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
THE PROGRAM IS OFFERED ON AN "AS-IS" BASIS TO ALL PARTICIPANTS AND IT MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES AND MAY NOT CONTINUE TO WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE OR OTHER CHANGES MADE BY US, YOUR WIRELESS CARRIER, OR OTHER THIRD PARTIES. WE WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURES IN THE RECEIPT OF ANY MOBILE MESSAGES CONNECTED WITH THIS PROGRAM AND WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT MAY BE ASSOCIATED WITH OUR OPERATION AND OF THIS PROGRAM, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DELIVERY OF MOBILE MESSAGES IS SUBJECT TO EFFECTIVE TRANSMISSION FROM YOUR WIRELESS SERVICE PROVIDER/NETWORK OPERATOR AND IS OUTSIDE OF OUR CONTROL. CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MOBILE MESSAGES.
Use of Collected Materials and Information
You hereby agree that in the event there is any dispute, claim, or controversy between you and Us, or between you and Artist, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, which arises out of or relates to federal or state statutory law, common law law, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Nashville, Tennessee before one arbitrator, jointly selected by the parties to such dispute.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Manhead, LLC’s principle place of business is located, without regard to its conflict of laws rules. Within thirty (30) days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within thirty (30) days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that We may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise Us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.