The below is only applicable to program participants who have been identified as such by an email to the recipient.
Effective Date: August 1, 2023
PLEASE READ THESE VIASAT WINNERS CIRCLE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE VIASAT WINNERS CIRCLE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR PARTICIPATE IN THE VIASAT WINNERS CIRCLE PROGRAM.
These Viasat Winners Circle Program Terms and Conditions (“Program Terms”) apply to your access to and participation in the Viasat Winners Circle Program (“Winners Circle Program”), which is operated by Viasat, Inc. (“Viasat,” “our,” “us,” or “we”). These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with Viasat or any Viasat authorized distributor or dealer. Please note that your access to, and participation in, the Winners Circle Program are also governed by the terms, conditions, limitations and requirements linked in these Program Terms (as may be changed from time to time by Viasat in its sole discretion), all of which are incorporated into these Program Terms by reference.
Viasat reserves the right to change, modify, or eliminate the Winners Circle Program, or all or any portion of these Program Terms, or any policy pertaining to the Winners Circle Program, at any time and in our sole discretion, including, without limitation, our right to discontinue or change the Winners Circle Program rules (as described below) or benefits or change the expiration date of Program Points (defined below) received under the Winners Circle Program, merge the Winners Circle Program with another program, or to adjust how Program Points are earned, calculated or redeemed. It is possible that you may be unable to receive enough Program Points to redeem for products or services if we discontinue the Winners Circle Program or merge the Winners Circle Program into another program. If we make changes, we will post the modified Program Terms to https://www.viasat.com/content/dam/us-site/residential/documents/Viasat%20360%20Winners%20Circle%20FAQs%2030%20August%202023.pdf, and update the effective date above. We may (but will not be obligated to) also attempt to notify you in other ways. Unless we say otherwise, modified Program Terms will be effective immediately and your continued participation in the Winners Circle Program after the modified terms are posted will confirm your acceptance of the changes. If you do not agree to the modified Program Terms, you must stop participating in the Winners Circle Program.
1. Winners Circle Program Eligibility
To participate in the Winners Circle Program, you must: (a) be a resident of the United States; (b) be at least 18 years of age; (c) not appear on any U.S. government Specially Designated National, Export Denial or other similar government list; and (d) have a written agreement in force and effect, and good standing (or be an employee of an entity that has such a written agreement in place) with an authorized distributor of Viasat (or an authorized dealer or authorized subcontractor of such distributor, or an authorized subcontractor of such a dealer or subcontractor) for the installation of Viasat high-speed satellite internet service and customer premise equipment. Those individuals not meeting the criteria set forth, current employees of Viasat or any of its affiliates, and their immediate family members, are not eligible to participate in the Winners Circle Program. The Winners Circle Program is intended for your personal use only.
Please review our Viasat Privacy Notice (currently published at https://www.viasat.com/ ), which also governs your visits to the Winners Circle website, to understand our privacy practices.
3. Winners Circle Program Description
The Winners Circle Program is a free, optional, Viasat incentive program that allows qualified participants to earn “Program Points” for additional sales of certain add-on products offered by or through Viasat which offerings may change, be deleted or added from time to time in Viasat’s sole discretion. Participants may also earn Program Points by participating in certain promotional activities that may be offered through the Winners Circle Program from time to time in Viasat’s sole discretion. For the avoidance of doubt, Viasat shall not be under any obligation to make Program Points available through any such promotional activities. Participants in the Winners Circle Program may redeem accumulated Program Points for products and services made available through Viasat’s third-party Winners Circle Program platform provider, Tango Card, Inc., which platform provider may change from time to time in Viasat’s sole discretion upon notice to you, and may also use Program Points for other purposes as may be provided by Viasat from time to time in Viasat’s sole discretion. Usage of Program Points are subject to the terms and conditions of Viasat’s third-party Winners Circle Program platform provider, including but not limited to terms and conditions regarding the issuance and usage of prepaid cards. These Viasat Winners Circle Program Terms and Conditions provide a general overview of the Winners Circle Program. For more information about earning, calculating or redeeming Program Points, Winners Circle Program tiers, and other details, please visit https://www.viasat.com/content/dam/us-site/residential/documents/Viasat%20360%20Winners%20Circle%20FAQs%2030%20August%202023.pdf.
4. Joining the Winners Circle Program
There are no membership fees associated with the Winners Circle Program. Qualified individuals must complete enrollment in Tax Identity Solutions to enroll in the Winners Circle Program . Once you are enrolled in the Winners Circle Program and have accepted the Viasat™ Winners Circle Program Terms and Conditions, you may then receive applicable Winners Circle Program Points via a link communicated to you. Each award of Winners Circle Program Points will be awarded on a one-time basis and may not be combined with other previously or subsequently awarded Winners Circle Program Points. You are responsible for anyone else who uses your Winners Circle Program Points for redemption.
5. Earning Program Points
Rules on how you can earn Program Points, as such rules may be changed from time to time by Viasat in its sole discretion, as described above, are set forth at https://www.viasat.com/viasat-360-winners-circle-terms. Unless you are notified to the contrary, Program Points do not expire. However, Viasat reserves the right, in its sole discretion, to buy out your Program Points at an amount not to exceed the actual amount Viasat paid for such Program Points.
6. Redemption of Program Points
You can redeem Program Points awarded to you for products and services made available from time to time on the Winners Circle website. Viasat makes no representations or warranties as to the quantity, type, or scope of products and services available on the Winners Circle website at any particular time. For more details on redeeming Program Points, please visit https://www.viasat.com/content/dam/us-site/residential/documents/Viasat%20360%20Winners%20Circle%20FAQs%2030%20August%202023.pdf. Your Program Points are personal to you and may not be sold, transferred (by operation of law or otherwise) or assigned to or shared with, family, friends or others, except as expressly set forth herein to the contrary. You are responsible for any federal, state or local taxes applicable to your participation in the Winners Circle Program and, as a condition of your participation in the Winners Circle Program, agree to complete, sign, and furnish any and all tax and related documents at Viasat’s reasonable request.
7. Suspension and Termination
Without notice to you, Viasat reserves the right to suspend or terminate your participation in the Winners Circle Program (in whole or in part), if Viasat determines in its sole discretion that you have violated these Viasat Winners Circle Program Terms and Conditions or that the use of your Winners Circle Program Points or your participation in the Winners Circle Program is unauthorized, abusive, deceptive, fraudulent or otherwise unlawful.
8. Disclaimer Regarding Employment Status
You acknowledge that nothing set forth herein creates an employment, co-employment, contractor or similar relationship between you, on the one hand, and Viasat or any of its affiliates or any of Viasat’s Partners (as defined below), on the other hand. Program Points are an optional incentive for you to meet certain sales or other promotional criteria established by Viasat from time to time, as described above. As such, you acknowledge and agree that you shall have no claim against Viasat or any of its affiliates for any benefits, including, without limitation, vacation pay, holiday pay, sick pay, retirement benefits, medical benefits, life insurance, equity or bonus awards, worker’s compensation, disability, unemployment benefits, or any federal, state, or other employee benefits not mentioned above.
9. Dispute Resolution
To expedite resolution of issues and control the cost of disputes, you and Viasat agree that any legal or equitable claim relating to Viasat™ Winners Circle Program Terms and Conditions (as may be modified by Viasat from time to time as set forth herein) or the Winners Circle Program (referred to as a “Claim”) will be resolved as follows: We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding until at least 60 days after one of us notifies the other of a Claim in writing (“Notice”). You will send your Notice to the address set forth in Section 16 below to the attention of the Viasat Legal Department and we will send our Notice to the address on file pursuant to your tax registration for the Winners Circle Program. If you and Viasat are unable to resolve the Claim within 60 days after Notice is received, then Viasat and you agree to arbitrate any and all Claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory;
- Any Claims that arose before this Agreement or any prior agreement between us;
- Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or
- Any Claims that may arise after your participation in the Winners Circle Program.
Notwithstanding the foregoing, either party may bring an individual action in small claims court in the county of your billing address. This Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. If the law allows, these agencies may seek relief against us on your behalf. You agree that by entering into this Agreement, you and Viasat each waive the right to participate in a class action and/or a trial by jury. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This Dispute Resolution provision shall survive termination of this Agreement. The arbitration shall be governed by the Consumer Arbitration Rules (collectively, the “Arbitration Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The Arbitration Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the address on the first page of this Agreement to the attention of the Viasat Legal Department. The arbitrator is bound by the terms of this Agreement. All issues shall be for the arbitrator to decide, except issues relating to the scope and enforceability of this Dispute Resolution provision which shall solely be for a court of competent jurisdiction to decide. Any arbitration hearings shall take place at a location which is reasonably convenient to you and Viasat. During the arbitration, neither party shall disclose to the arbitrator the amount of any settlement offer made by either party, until after the arbitrator determines the amount, if any, to which you or Viasat is entitled. If your claim is for $5,000 or less, you and Viasat agree that you may choose whether the arbitration will be conducted solely on the basis (a) of documents submitted to the arbitrator, (b) through telephonic hearings, or (c) by an in-person hearing as established by the Arbitration Rules. If your claim is in excess of $5,000, the right to a hearing shall be determined by the Arbitration Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficiently explaining the essential findings and conclusions on which the award is based. If the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)), then the payment of all fees related to the arbitration shall be governed by the Arbitration Rules. In such case, you agree to reimburse Viasat for all monies previously disbursed by it that are otherwise your obligation to pay under the Arbitration Rules. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. YOU AND VIASAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, the arbitrator may not consolidate more than one person’s Claim, and may not otherwise preside over any form of a representative or class proceeding, unless both you and Viasat otherwise agree in writing. Notwithstanding any provision in these Viasat Winners Circle Program Terms and Conditions to the contrary, we agree that if Viasat makes any future change to this Dispute Resolution provision, you may reject any such change by sending us written notice within 30 days of the change to the address below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution provision in effect immediately prior to our receipt of your written objection to such change. Any cause of action brought by you with respect to these Viasat Winners Circle Program Terms and Conditions, or the Winners Circle Program must be instituted within one year after the claim or cause of action has arisen or it will be barred.
10. DISCLAIMER OF WARRANTIES
VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE WINNERS CIRCLE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WINNERS CIRCLE PROGRAM, AND ALL WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES OBTAINED WITH PROGRAM POINTS THROUGH THE WINNERS CIRCLE PROGRAM. THE WINNERS CIRCLE PROGRAM (INCLUDING, WITHOUT LIMITATION, PRODUCTS AND SERVICES OBTAINED WITH PROGRAM POINTS THROUGH THE WINNERS CIRCLE PROGRAM) IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE, OR TO THE EXTENT THAT, IT IS PROHIBITED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE WINNERS CIRCLE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER VIASAT NOR ANY OF VIASAT’S PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE WINNERS CIRCLE PROGRAM OR INABILITY TO USE THE WINNERS CIRCLE PROGRAM OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF FOR ANY REASON, BY OPERATION OF LAW OR OTHERWISE, ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT VIASAT’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF VIASAT’S PARTNERS SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED $250.
These Viasat™ Winners Circle Program Terms and Conditions and all of the parties’ respective rights and duties shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law provisions.
You agree to indemnify, defend and hold us harmless against all claims, liability, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or related to any and all uses of your Winners Circle Program Account.
If any provision of these Viasat Winners Circle Program Terms and Conditions is found by a court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. If this cannot be done and the entire provision is invalid, illegal or unenforceable and cannot be so repaired, then the provision shall be considered to be stricken from these Viasat Winners Circle Program Terms and Conditions as if it had not been included from the beginning. In any such case, the balance of these Viasat Winners Circle Program Terms and Conditions shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal or unenforceable term. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of these Viasat Winners Circle Program Terms and Conditions.
15. Entire Agreement
These Viasat Winners Circle Program Terms and Conditions, as well as the additional online documents specifically incorporated as a part of these Viasat Winners Circle Program Terms and Conditions, constitutes the entire and only agreement with respect to its subject matter between you and Viasat. These Viasat Winners Circle Program Terms and Conditions Agreement supersede all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to its subject matter except as expressly set forth in these Viasat Winners Circle Program Terms and Conditions.
16. Questions and Notices
If you have any questions or if you are dissatisfied with the Winners Circle Program in any way, please contact Winnerscircle.firstname.lastname@example.org.
All written notices you are required, or elect to give to Viasat pursuant to these Viasat Winners Circle Program Terms and Conditions, shall be sent via recognized overnight air courier (all charges pre-paid), or via U.S. Certified Mail, return receipt requested (all charges pre-paid) to the following address:
Attn: Legal Department
349 Inverness Drive
South Englewood, CO 80112