PostPoints® Terms & Conditions

I. Introduction

1.1      This agreement sets forth the terms and conditions governing the PostPoints® program (“the Program”). By participating in the Program, you agree to these terms and conditions. These terms and conditions supersede any previously issued terms and conditions governing the Program.

II. Eligibility and Enrollment

2.1      You must be at least 18 years old and reside in the Washington, D.C. metropolitan area in order to be eligible for PostPoints membership (“Membership”). We have sole discretion over the extent of the geographic area that we will serve in PostPoints, but generally speaking, membership will be available to residents of the District of Columbia, Maryland or Virginia who are able to receive home delivery of The Washington Post.

2.2      Membership will be available to persons who enroll for the Program and meet the eligibility criteria, as established in these terms and conditions and as supplemented by any future Program rules. We reserve the right to deny Membership to any applicant at our discretion. The date of enrollment in the Program will be considered the day we complete enrollment processing, as determined by us at our discretion.

2.3      There will be three levels of Membership: Platinum, Gold, and Silver. Each level will have a different level of rewards associated with it. A Member’s accumulation of PostPoints (“Points”), and the rewards associated with those Points, will be available at www.washingtonpost.com/points (“Program Web Site”) and in communications to Members, as detailed below. We retain discretion to amend the eligibility requirements for each level, to eliminate or add new levels, and to alter the benefits associated with each level.

2.4      Subject to such modifications as we may impose at our discretion, eligibility for each level will be as follows:

• “Platinum” Membership will be available to those who subscribe for home delivery of The Washington Post seven days a week, and whose subscription account is in good standing.
• “Gold” Membership will be available to those who subscribe for home delivery of The Washington Post for any amount less than seven (7) days a week, e.g., those who subscribe for Sunday-only or weekday-only home delivery, and whose subscription account is in good standing.
• “Silver” Membership will be available to those who are not subscribers but who purchase The Washington Post one or more times per week, regularly visit the Washington Post’s website for news content, or otherwise meet such criteria as to be established by us from time to time at our discretion.

2.5      A Platinum Membership can be purchased for $30 or a Gold Membership can be purchased for $18 at the front counter of The Washington Post, 1150 15th St., NW, Washington, D.C. 20007 during business hours. Please allow 8-10 weeks for processing of a purchased Membership.

2.6      Employees of The Washington Post and their immediate family members generally may participate in the Program under the same terms and conditions as the public. However, employees and their immediate family may be subject to certain restrictions that do not apply to the public at large, such as exclusion from particular contests. Such restrictions will be determined by us at our discretion.

2.7      You may not have more than one Membership per subscription/individual. If you attempt to obtain more than one Membership, we have the option of terminating your Membership resulting in the forfeiture of all enrollment bonus(es) and Points accumulated to date.

III. Accrual of Points

3.1      Points will be accrued in the manner specified in the rules of the Program, which are subject to change without notice. By way of illustration only, and subject at all times to the rules of the Program then in effect, Members might accrue PostPoints in some or all of the following ways: by initiating a subscription for home delivery of The Washington Post; by engaging in transactions with stores, restaurants, or other businesses who have partnered with The Washington Post in the Program (“PostPoints Spots”); by taking part in online surveys or contests at www.washingtonpost.com; or by submitting your resume online to www.washingtonpost.com’s jobs section.

3.2      Details of selected opportunities to accrue Points will be available at the Program Web Site, in advertisements, and in communications or other notices to Members.

3.3      Members will have the opportunity to accrue Points by engaging in transactions with PostPoints Spots in accordance with the rules of the Program. PostPoints Spots will include those stores, restaurants, and other merchants who have agreed to participate in the Program. A list of PostPoints Spots will be available at the Program Web Site. The list of PostPoints Spots is subject to change at any time without notice.

3.4      You should allow at least thirty (30) business days following the transaction for us to credit Points to your Account. If you are not properly credited for Points within thirty (30) days of the transaction, please notify us through the “Contact Us” link at the Program Website.

3.5      If we erroneously fail to credit a Point accrual or other Membership-related benefit, our liability is limited to corrective posting of Points to your Account.

IV. Redemption of Points

4.1      Points may be redeemed for rewards in accordance with the rules of the Program at any given time, on such terms as are offered by The Washington Post and/or PostPoints Spots. Certain reward opportunities can be viewed under “Redeeming and Rewards” at the Program Website.

4.2      The rules governing PostPoints rewards – such as the rewards available, the number of points needed to redeem a reward, reward categories, and other terms and conditions associated with rewards -- are subject to change without notice.

4.3      The redemption of all rewards is subject to availability, which may be limited for certain rewards.

4.4      If a PostPoints Spot withdraws from the Program, then Points can no longer be accrued or redeemed in respect of transactions with that PostPoints Spot. The available PostPoints Spots are subject to change without notice at any time.

4.5      Certain rewards may require an advance reservation. You are responsible for making reservations or conducting any other communications with the PostPoints Spot as are necessary to redeem a reward.

4.6      Redeemed rewards are not refundable, exchangeable, replaceable or transferable for cash or credit unless specifically permitted by us at our sole discretion. Points will not be credited in exchange for unused or partially used reward certificates, such as a discount airline reward certificate that is good for five nights but is used for only three.

4.7      Rewards cannot be reissued if lost, stolen, or otherwise destroyed. We are not responsible for lost or stolen rewards, reward certificates, or Points.

V. Restrictions on Transfer

5.1      PostPoints® do not constitute the property of the Member and are not transferable unless specifically authorized by us at our sole discretion. Any attempted transfer, sale or barter of Points by you or on your behalf will be void, except as specifically permitted by Program rules governing donations to eligible charities. We and PostPoints Spots may refuse to honor any PostPoints, reward certificates or other Membership benefits which we believe to have been improperly transferred, sold, or bartered; and we may restrict the Member who has engaged in the improper transfer, sale or barter from further participation in the Program.

5.2      Notwithstanding the limitation above, we reserve the right, at our discretion, to permit a reward to be redeemed by a third party with the Member’s consent and in compliance with any other conditions as we determine.

5.3      Members may be afforded the opportunity to donate PostPoints or other Membership-related benefits to charitable organizations. If such donations are made, we have no responsibility for the determination of any of federal, state or local tax deduction, or any other tax implication resulting from the donation.

5.4      Members are solely responsible for the determination and payment of any tax liability arising from the accrual, transfer, or redemption of Points.

5.5      Upon termination of your Membership for any reason, all unredeemed Points in your account will be forfeited.

VI. Notices and Communications

6.1      Information about the Program will be available at the Program Web Site. Information about your PostPoints account, including the number of Points in your account, will be available at all times through a secure login process.

6.2      By agreeing to these Terms and Conditions, you agree to provide The Washington Post with a valid email address at which you can receive communications about the Program. We may send you periodic communications regarding the Program, which may include, without limitation, account statements, information about opportunities for Points redemption, and special offers. These may include offers from PostPoints Spots or other third parties.

6.3      You will have the opportunity to opt out of receiving some or all such communications. If you opt to receive no communications at all, however, we may refuse Membership to you, or terminate your Membership (with loss of any accrued PostPoints), as the Program depends upon a certain level of communication with Members.

VII. Cancellation or Termination of Membership

7.1      You may terminate your Membership at any time by following the cancellation procedure set forth at the Program Web Site. Immediately upon cancellation or termination of your Membership, all unredeemed Points in your account will be forfeited and cannot be restored.

7.2      If you are a Platinum or Gold Level Member, your Membership in the Program will terminate automatically if you terminate your subscription for home delivery of The Washington Post

7.3      If you cancel your Membership, or if we terminate your Membership for any reason, you may reapply for Membership at a later date but will not recover any Points from your prior Membership.

7.4      We may terminate your Membership, suspend your Membership privileges, cancel the award of Points, or remove accumulated Points from your Account, all at our discretion, if we determine that you have:

(a) violated any applicable law or ordinance in respect of your participation in the Program;

(b)  breached any of these terms and conditions;

(c) failed to pay any bill when due to The Washington Post; or

(d)  otherwise acted in a fraudulent, abusive, or unlawful manner with respect to the Program.

7.5      Subject to applicable law, your Membership will terminate automatically if you file for bankruptcy.

7.6      We have the right to terminate the account of any Member whose account has become inactive, at our discretion. An inactive account is one that has had no activity at all for more than one (1) year, meaning that the Member has not accrued or redeemed any PostPoints, accessed his or her online PostPoints account, or received or responded to emails from us for more than one (1) year.

7.7      PostPoints will have a rolling life of three (3) years unless we determine to extend that period at our discretion.

VIII. Limitations on Liability

8.1      We make no warranties or representations, expressed or implied, concerning the type, quality, or fitness of goods or services provided through the Program. We expressly disclaim all liability (including, without limitation, consequential or indirect damages or lost profits) concerning the type, quality, or fitness of goods or services provided through the Program.

8.2      We shall not be liable to any person for any action taken or neglected to be taken with respect to the Program, except for errors in crediting Points to Program accounts. The sole remedy available to you in connection with such an error will be the proper crediting of Points to your account.

8.3      We are not responsible for refunds that may be due in connection with the redemption of any reward, including, without limitation, refunds for cancelled or rescheduled transportation, tours, or other services from third-party providers. All such claims for refunds are the responsibility of the Member and must be made in accordance with the rules and regulations of the party from whom the refund is due.

8.4      Neither The Washington Post, nor PostPoints Spots or other Program affiliates shall be responsible for:

(a) any loss or misdirection of, or delay in receiving, any Membership application, correspondence, rewards or reward certificates;

(b) any theft or unauthorized redemption of Points or rewards;

(c) any acts or omissions of third parties, including but not limited to PostPoints Spots; or

(d) any errors published by us in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding PostPoints Spots and Program affiliates, and errors in the crediting or debiting of Postpoints from Member accounts. We reserve the right to correct such errors without notice to Members.

IX. Other Reservations of Rights

9.1      These terms and conditions are subject to revision at any time without notice. The current terms and conditions will be available through the Program Web Site.

9.2      We may terminate the Program at any time. If so, all unredeemed PostPoints will immediately be forfeited without any obligation or liability on our part or by PostPoints Spots or any other Program affiliates, and no reward claims shall be honored. We may terminate the Program either in whole or in part, or with respect to particular jurisdiction(s).

9.3      Our waiver of any breach of these terms and conditions by you shall not constitute a waiver of any other prior or subsequent breach of this agreement. Our failure to insist upon strict compliance with these terms and conditions in any given case shall not be not be deemed a waiver of any rights or remedies in other cases.

9.4      All interpretations of these terms and conditions, and other Program rules, shall be at our sole discretion and our decisions shall be final.

9.5      Nothing contained in these terms and conditions shall limit us in the exercise of any legal or equitable rights or remedies

X. Governing Law

10.1   These terms and conditions, as well as any other rules applicable to the Postpoints® Program, will be construed in accordance with the laws of the District of Columbia. Any dispute arising out of this Program will be subject to the exclusive jurisdiction of the courts of the District of Columbia.

10.2   If any part of these terms and conditions is held to be unlawful or unenforceable in any jurisdiction, that part will be deemed to be removed from these terms and conditions only in that jurisdiction, and the other provisions will remain in force.

Privacy Policy

We ask you to provide various types of personally identifiable information to enable us to operate the Program and to enhance your experience in the Program. For example, during registration we ask for information such as your name, e-mail address, year of birth, gender, Zip code, country, and street address. We may also ask you for other information at other times - such as when you redeem Points, enter a contest, or participate in a promotion. This Privacy Policy gives you information about how we use your personally identifiable information and with whom we share it. Whenever you provide personally identifiable information to us, we will make an effort to link to our privacy policy.

I. Collection and Use of Your Personally Identifiable Information.

Our primary goal in collecting personally identifiable information is to provide you, our PostPoints members, with Points and redemption opportunities, subject to the terms and conditions above. We use the personally identifiable information you provide to us in several ways. Some examples follow.

We may use your personally identifiable information to advise you of your account status, to confirm or communicate with you with respect to transactions you have made with us, to advise you of opportunities for earning and redeeming Points, to inform you of material changes or additions to the Program or our terms and conditions, or to contact you with legal notices. We also may send you offers and information from The Washington Post and its affiliates or from other companies, including PostPoints Spots, whose products and services may be of interest to you. If you selected one or more optional PostPoints Preferences, we may send you e-mails about products, promotions, or services related to your Preferences.

If you do not wish to receive the foregoing communications, please respond to the “opt out” address supplied within the communication piece. If you do so, we may inform you that you have a defined period of time before your Membership terminates and you forfeit any accrued Points, as the Program depends upon a certain level of communication with Members. Once your account has been deleted, you will no longer have access to the Program, and you will forfeit all accrued Points. However, you may reregister at any time, as long as you meet the criteria for Membership and agree to the terms of the Privacy Policy. Any forfeited Points will not be reinstated.

We may also send you PostPoints Program offers via telephone or postal mail.

We conduct research on our Members' demographics, interests and behavior based on the information you provide to us including upon registration, during promotions and when you redeem Points and communicate with us on other aspects of the Program, as well as from our server log files or from surveys. We do this to better understand and serve our Members. We compile and analyze this research on an aggregated basis, and we may share this aggregated data with advertisers or other businesses.

II. Sharing of Personally Identifiable Information With Others.

When you are on an area of the Program Web Site and are asked for personally identifiable information, you are providing that information to The Washington Post, its parent and affiliates, and to vendors providing contractual services for The Washington Post (such as hosting vendors and list managers). If you give us permission to share your personally identifiable information with third parties for direct marketing purposes, we may do so. We generally will not disclose your personally identifiable information to a third party for any other purpose except under the circumstances described below.

Promotions: Promotions and contests that run on the Program Web Site may be sponsored by companies other than The Washington Post or may be co-sponsored by The Washington Post and another company. Some or all personally identifiable information provided by you during a promotion or contest may be shared with the sponsor. You can decide not to participate in the promotion if you don't want your personally identifiable information to be shared with the sponsor.

Advertisers and Links: Advertisers on the Program Web Site, or web sites that have links on our site, may also collect personally identifiable information directly from you. The information practices of companies collecting data on our site or web sites linked to the Program Web Site are not covered by this privacy statement. Please visit the sites of these businesses to review their privacy policies.

PostPoints online shopping mall: We may establish an online shopping mall. If you shop at the online shopping mall, a third-party service provider will collect the information you provide for those transactions and use it to calculate your reward Points. The merchants you access through the online mall have separate privacy and data collection practices. PostPoints and The Washington Post have no responsibility or liability for these independent policies. For more information regarding a particular merchant and its privacy policy, go to the home page of that merchant and click on the appropriate link.

PostPoints Spots. Merchants and other PostPoints Spots will disclose to us or to a Program vendor information about your transactions with them as necessary for calculating your accrual of Points.

Other: If we run competitions or contests on the site, you may be required to provide additional information in order to participate. The exact rules may vary in each case, but the specific rules for any contest will state how that information may be used if it varies from this Policy.

Finally, we may also disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms and Conditions or may be causing injury to or interference with (either intentionally or unintentionally) the rights or property of the Program, The Washington Post, or anyone else that could be harmed by such activities, or when disclosure is required by law.

In the event that ownership of the Program changes as a result of a merger, acquisition or transfer to another company, your personally identifiable information may be transferred. If such a transfer results in a material change in the use of your personally identifiable information, we will provide you notice about the choices you have to decline to permit such a transfer.

III. Data Security.

We have in place physical, electronic and managerial procedures to protect the information we collect online. However, as effective as these measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet.

IV. Web Servers.

Web servers serving the Program Web Site automatically collect certain non-personally identifiable information, such as which pages each user visits and the domain name (e.g., earthlink.net) of visitors. This information is used for various purposes, including internal review, to tailor information to individual visitors, and for traffic audits. We may also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to PostPoints Spots and other marketing partners.

V. Cookies.

PostPoints may place a "cookie" on the browser of a Member’s computer to store and sometimes track information about you. A cookie can be used to tell when your computer has contacted a web site; we may also use the information for other purposes, such as measuring certain traffic patterns. We may also use cookies to track your progress and number of entries in some of our promotions and contests. You may opt-out of the cookies delivered by PostPoints by changing the setting on your browser. Please be aware that this will disable all cookies delivered to your browser, not just the ones delivered by PostPoints.

VI. Kids Under 13.

Do not send any information about yourself to us, including information such as your name, address or e-mail address. In general, we do not knowingly collect personally identifiable information from children under 13. If, in limited circumstances, we do knowingly collect personally identifiable information from a child under the age of 13, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as possible.

VII. Changes to This Privacy Policy.

Technology on the Internet is developing at a rapid pace, and we need to maintain our flexibility in the online arena. If we need to change this Privacy Policy in the future, we will notify you by sending a notice to the primary email address specified in your PostPoints account or by placing a prominent notice on the Program Web Site. Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days after we send an e-mail notice to you or thirty (30) calendar days after we post notice of the changes on the Program Web Site. Please note that you are responsible for updating your information so that we have your current e-mail address. Changes to this Privacy Policy may affect our use of personally identifiable information provided to us prior to our notification to you of the changes. Therefore, if you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to terminate your account with us.

Effective date: March 15, 2007.

Updated July 2009.