Terms and Conditions

TERMS AND CONDITIONS FOR PARTICIPATION IN THE HEARTS ON FIRE CONNECTOR REFERRAL PROGRAM

Thank you for expressing an interest in becoming part of the Hearts On Fire Connector Referral Program (“Program”). Your participation in the Program is subject to the following Terms and Conditions (“Terms”). The terms “you”, “your” or “Connector” refers to eligible individuals who are participating in the Program. The terms “we”, “us”, “our”, “HOF” or “Hearts On Fire” refer to the Hearts On Fire Company.

1. Eligibility to Participate in the Program This is an invitation only Program – you must be invited to participate by HOF and meet the following eligibility requirements to be eligible to participate in the Program. The Program is limited to any individual employed by a company that provides recommendations regarding goods and services to consumers in Las Vegas, Nevada. This includes, but is not limited to, hotel concierge services, limousine services, hotel or casino host services, retail or restaurant services, etc. While an individual must work for the type of company identified above, it is the individual, and not the company they work for, that is eligible to participate in the Program. You must be 18 years of age or older and must, after reviewing these Terms, specifically consent to participating in the Program and register by emailing your contact information (Name, Company Name, Company Address, Telephone and Email Address) to Vegasref@heartsonfire.com and include in the reference line the following: “Sign Me Up For the HOF Connector Referral Program”. By registering or participating in the Program, you are agreeing to and are bound by the Terms. If you do not agree with the Terms, you should not register for or participate in the Program. After HOF receives your email and confirms your eligibility, HOF will provide you with a Member Identification Number (“ID”) and Ticket To Perfection cards. You are solely responsible for (i) maintaining the security and confidentiality of your account and your ID; (ii) restricting access to your account and your ID; and (iii) keeping your contact information provided to HOF current. You are solely responsible and liable for all activities that occur under your account or your ID, whether or not you authorized such activities. You are responsible for notifying HOF immediately if there has been any unauthorized use or access to your ID. This Program is only available in Las Vegas, Nevada.

2. Description of Program HOF will provide you with “Ticket to Perfection” cards, the number of which shall be determined in HOF’s sole discretion. You will then fill in your ID on the card and refer consumers to the Hearts On Fire store at the Forum Shops at Caesar’s Palace in Las Vegas, NV by handing the cards to consumers. One card per consumer. “Consumers” means any individual over the age of 18 years old, must be a U.S. resident and excludes officers, directors, members, and employees of HOF, you and your immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household as such individuals. Cards may not be reproduced. You will encourage consumers to take their Ticket to Perfection card to the Hearts On Fire retail store located in the Forum Shops at Caeser’s Palace in Las Vegas, Nevada (“Store”). Consumers that turn in their Ticket to Perfection card at the Store will automatically be entered into a monthly raffle drawing (see separate Terms and Conditions related to the monthly raffle drawing). HOF will collect the ID from each Ticket to Perfection card. You will receive a $50 American Express gift card for every five (5) Ticket to Perfection cards HOF receives from unique consumers in person at the Store with your ID legibly printed on it. You will not receive any credit for any consumer that verbally indicates they were referred by you – the consumer must present a valid Ticket to Perfection card with your ID at the Store in order to receive credit for the visit. In addition, if a consumer makes a purchase from the Store during the visit in which he/she presents his/her Ticket to Perfection card (as described above), you will receive your choice of either (i) an American Express gift card valued at five percent (5%) of the actual retail sale price of the merchandise purchased by the consumer (exclusive of any tax, service charges or other non-merchandise costs) OR (ii) HOF Points which are redeemable for merchandise in the Store. Should you elect to receive HOF Points, you will receive ten percent (10%) of the actual retail sale price (exclusive of any tax, service charges or other non-merchandise costs) value in points. For example, if the actual retail sale price of an eligible purchase (as described above) is $1000.00, you will receive 100 HOF Points ($1000.00 multiplied by 10% = 100). HOF Points will vest on the 25th day of the month following the month of purchase by the consumer. If eligible merchandise is returned to HOF by the consumer within HOF’s stated return policy terms (see www.heartsonfire.com to view the return policy), you will not receive credit for the purchase and you will not receive either the gift card or the applicable points for the original purchase. In addition, you will not receive any credit for purchases made by a consumer who does not present a valid Ticket to Perfection card during the visit in which the purchase is made. Gift cards are subject to standard gift card terms and conditions. You can redeem any vested HOF Points for merchandise and tax on such merchandise at the Store. Each HOF Point may be redeemed for the equivalent of US $1.00. For example, if an item of merchandise has a retail sale price of $1000.00 and you have 750 vested HOF Points, you would need to redeem 750 HOF Points and pay $250.00 plus applicable tax to receive that item. If an item of merchandise has a retail sale price of $1000.00 and the total purchase price is $1200.00 (inclusive of applicable tax) and you have 1300 vested HOF Points, you may redeem 1200 HOF Points and pay no additional amount. HOF Points may only be redeemed at the Store and may not be used for HOF online purchases or purchases at any other store where HOF products are sold. You must come to the Store during regular business hours to collect any vested gift card(s) or to redeem any vested HOF Points. Any merchandise purchased with HOF Points must be picked up by you at the Store, and you may be requested to show identification to pick up such merchandise. HOF will not ship any merchandise purchased with HOF Points. HOF will send you a statement monthly showing the number of vested HOF Points you have to the address listed in your contact information. HOF Points have no cash value and are non-transferable, and accounts may not be combined. HOF Points, gift cards, and any merchandise purchased with redeemed HOF Points are for your own personal non-commercial use. Any vested HOF Points not redeemed by the applicable termination date or any gift cards not collected by you from the Store by the applicable termination date shall be forfeited. All federal, state and/or local income and other taxes, if any, are your sole responsibility. You will be issued a 1099 tax form for any gift card(s) or merchandise purchased with redeemed HOF Points valued at the applicable IRS tax limit. Any such amounts are cumulative and the 1099 will be issued at the point where the value meets or exceeds the applicable IRS tax limit. The determination of income tax liability for any federal, state, or local taxes (if applicable) arising out of the claiming rewards in the program and the reporting and payment of any such taxes, shall be your sole responsibility. In order to claim any gift card(s) or merchandise purchased with redeemed HOF Points you may be required to provide a valid photo ID and your Social Security or Tax ID number. If you have any questions regarding the possible tax implications of participation in this program, you should consult with your own tax advisor.

3. Consumer Disclosures The Ticket to Perfection includes language to inform consumers that you are receiving benefits as a result of your referral. You must ensure that the consumer is aware of such language at the time you provide a Ticket to Perfection to them. If a consumer inquires about your relationship with HOF, you must disclose that you are participating in a Hearts on Fire referral program and you earn gift cards when your referrals present the referral card in the Store, and you earn rewards points and/or gift cards in exchange for your referrals that result in in-store sales.

4. User Supplied Information You represent and warrant that all information you provide in connection with your participation in the Program is true, accurate and complete. You agree that the information you supply can be used by HOF and its agents. Without limiting the foregoing, you acknowledge and agree that HOF may access, preserve, and disclose your account information, all content submitted by you, all communications to and from you, all information relating to your participation in this Program, and all information relating to the Program under your account or ID if HOF is required to do so by law or legal process or if HOF determines, in its sole discretion, that such action is necessary to protect the rights of HOF, third parties, and other participants in the Program or for purposes of responding to your request for customer service.

5. Consent, Release And Indemnification THE PROGRAM AND ALL REWARDS THROUGH THE PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR PARTICIPATION IN THE PROGRAM, ANY CONTENT AVAILABLE THROUGH THE PROGRAM AND ANY REWARDS MADE AVAILABLE THROUGH THE PROGRAM ARE AT YOUR SOLE RISK. HOF DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. By participating in the Program, you release and discharge HOF, its parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Entities”), from any and all liability whatsoever arising out of or in connection with this Program and/or acceptance, possession and/or use or misuse of cards, gift cards, HOF Points or merchandise or services obtained through use of any, including any travel or related activity, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) participation in the Program by you is your consent to use your name and likeness for editorial, advertising and publicity purposes by HOF and/or others authorized by HOF; and (ii) participation in the Program constitutes a release by you of the Entities of any and all Claims arising out of or in connection with the administration of this Program, the acceptance, use, misuse, and/or possession of any cards, gift cards, HOF Points or merchandise acquired therewith.

6. Disclaimers HOF is not responsible for any lost, destroyed, or damaged Ticket to Perfection cards or Ticket to Perfection cards that are received without an ID or without a legible ID.

7. Term of Program The Program will begin December 1, 2012 and end February 28, 2014. Hearts On Fire shall have the right at any time, with or without cause, and with or without notice to you to terminate or suspend your participation in the Program. HOF shall also have the right at any time, with or without cause, upon ten (10) days written notice to you, to terminate the Program, or you may terminate your participation in the Program by sending an email to and request that you be terminated from the Program. If HOF terminates the Program, or you terminate your participation in the Program as stated above, you will have thirty (30) days from the date of termination to redeem any unredeemed vested Points for merchandise at the Store. However, in the event you are no longer eligible to participate in the Program, you will automatically be terminated from the Program, any vested and unredeemed HOF Points will automatically expire and you will no longer have access to your account, or be eligible to redeem HOF Points for merchandise of any kind.

8. Modification of Terms HOF reserves the right, in its sole discretion, to modify and amend these Terms in any manner, including but not limited to changing the value of or methods of obtaining HOF Points and/or changing the value and/or type of rewards available, at any time by mailing or emailing a change notice to you. Notwithstanding the foregoing, HOF can change the Terms without notice and it is your responsibility to check the Terms online to review any changes. Except where notice is required by law, your continued participation in the Program constitutes your acceptance of the terms of such change or change notice.

9. Notices and Electronic Communications You consent to receive electronic communications from HOF in the form of email sent to you at the email address listed on your account. You acknowledge and agree that any electronic communication in the form of such email shall satisfy any legal requirement that such communication be in writing. All notices to you will be sent by email to the email address listed on your account. All notices to HOF shall be sent by email to info@heartsonfire.com or by first class mail, postage prepaid, to: Hearts On Fire, Attn: Marketing, 99 Summer Street, Boston, MA 02110.

10. Governing Law and Disputes All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Boston, Massachusetts. The laws of the State of Massachusetts shall govern and control these Terms, the performance of each party under these Terms, your participation in the Program, without regard to its choice of law principles. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Program and shall not include any indirect, punitive, incidental and/or consequential damages.

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