Taos Rewards Loyalty Program – Terms & Conditions

Taos Rewards Loyalty Program – Terms & Conditions

Effective Date: September 1, 2021. For the most up-to-date Taos Rewards Loyalty Program Terms & Conditions ("Rewards Program Terms"), visit https://taosfootwear.com/pages/rewards-program-terms at any time.

Program Sponsor: Shoes West Distribution, Inc. dba Taos Footwear (“Taos Footwear”), on behalf itself and its affiliates ("Taos" and/or "we" or "us").

By participating in the Program, you agree to these Rewards Program Terms. The Program is US only and is enforceable as permitted by applicable law. These Rewards Program Terms do not alter in any way the terms or conditions of any other agreement you may have with Taos for other products and services. Please note that your access to and participation in the Program is also governed by the terms, conditions, limitations and requirements linked in these Rewards Program Terms, all of which (as may be changed over time) are incorporated into these Rewards Program Terms. In addition, these Rewards Program Terms complement and incorporate by reference the Taos Terms of Use available at https://taosfootwear.com/pages/terms-of-use (“Taos Terms”). In the event of any conflict between the Taos Terms and these Rewards Program Terms, the Taos Terms will control. You agree that Taos’ decisions relating to the Program are final.

ARBITRATION OF CLAIMS BETWEEN YOU AND TAOS: PLEASE READ THESE PROGRAM TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS AND REQUIRE BINDING ARBITRATION OF CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND TAOS, WAIVING CLASS ACTION CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND TAOS, AND WAIVING THE RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR PARTICIPATION IN THE PROGRAM IS SUBJECT TO YOUR AGREEMENT TO ARBITRATE ANY CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND TAOS. YOU AGREE THAT ANY AND ALL CLAIMS OR DISPUTES BETWEEN YOU AND TAOS THAT ARISE OUT OF OR RELATE TO YOUR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY CLAIM ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND TAOS. SEE BELOW FOR ADDITIONAL DETAILS.

Eligibility & Registration

The Program is a customer-reward program that is available to eligible Taos customers for personal use only. There is no cost to enroll or be a member and no purchase is necessary to enroll. The Program is open only to current legal residents of the United States who are 18 years of age or older and at least the age of majority in their jurisdiction of residence. You can create a Program membership account ("Rewards Account") by visiting taosfootwear.com (“Site”) and completing the Rewards Account registration form or by any other methods that Taos may periodically offer. You must provide us with all required information to register for a Rewards Account, including an email address. Additional information will be required to receive some of the Program’s benefits. Maximum one (1) Rewards Account per individual/email address/phone number. Taos may, in its sole discretion, suspend, cancel or combine Rewards Accounts that appear to be duplicative. Corporations, groups, and associations, and individuals purchasing items for resale, are not eligible to register for a Rewards Account. Taos employees and their immediate family members living in the same household, are not eligible to participate the Program.

Eligible customers who sign up for a Rewards Account ("Rewards Members") will be able to earn points (“Taos Points”) for each Rewards Activity (as defined below). For example, we may periodically offer you Taos Points for writing an eligible product review on TaosFootwear.com, referring qualifying new customers, providing us SMS contact information, or “following” us or taking specific actions on social media. When you have earned the requisite amount of Taos Points, those Taos Points will be converted into store rewards ("Rewards Credit") that you can use to make Rewards Purchases (as defined below).

When you enroll in the Program and create a Rewards Account, you are agreeing to receive e-mail messages related to the Program and additional general marketing emails from Taos. Rewards Members who have opted-out of receiving marketing emails from Taos will still be able to participate in the Program and receive messages about their Rewards Account (e.g., Taos Points balance, usage, and news about changes to these Rewards Program Terms).

Program Details, including about earning, calculating and redeeming Taos Points, are further explained here on the Taos Rewards Page: https://taosfootwear.com/pages/rewards.

Taos Points and Rewards Credits

Taos Points are earned when Rewards Members engage in one the following: (a) making qualifying purchases from Taos on the www.taosfootwear.com site (an "Earning Purchase"); or (b) participating in other specific Member opportunities offered by Taos from time-to-time ("Additional Rewards Activities"). Together, these are defined as “Earning Activities”. Earning Activities only count towards the earning of Taos Points once you have a valid Rewards Account and are only valid for purchases of goods and services for personal, family and household purposes. The details of an Additional Rewards Activity, including a description of the conduct required, the number of Taos Points available and any additional terms will be as communicated to the eligible Member(s) on the Taos Rewards Page, by email or in another communication from Taos. Any Earning Activities may be subject to specific conditions or limitations, including blackout periods, Point limits, or exclusions. Taos Points for eligible participation in Earning Activities may take seven (7) or more days to be added to your Rewards Account.

To earn Taos Points for an Earning Purchase on the taosfootwear.com site, you must be logged into an existing online account that is associated with your Rewards Account before making a purchase. Taos Points for purchases at the taosfootwear.com site qualify once all items have shipped and will be automatically rewarded to your Rewards Account.

The number of Taos Points that you can earn each calendar year by participating in Additional Rewards Activities will be capped. For more information about the annual limit, please visit https:/taosfootwear.com/pages/rewards.

You may view your Taos Points balance and any activity by logging-into your online account at https://taosfootwear.com/account/login.

Exclusions from Earning Taos Points: You will not earn Taos Points for prior purchases, gift card purchases and redemptions, store credits, merchandise credits, Rewards Credits, VIP Codes, donations, gifts-with-purchase, giveaways, coupons, processing charges, delivery surcharges, shipping, taxes, or state and any other applicable governmental fees, charges for gift wrapping or bags. Taos Points will also not be accrued for unauthorized or fraudulent charges, or purchases made by or for a business or for resale or a commercial purpose. Taos Points are calculated off of your actual total purchase amount (e.g., purchase minus returns, discounts rebates, shipping costs, and credits).

Taos Points can be converted to Rewards Credit at check-out page when making purchases at taosfootwear.com once the qualifying number of Taos Points are earned. Rewards Credits will only be issued for a minimum of $20 in value, and only in $10 increments. Each Rewards Credit may be used once. See https://taosfootwearcom/pages/rewards for current information regarding benefits, how Taos Points are calculated, how many Taos Points must be accrued to earn a Rewards Credit, and the value of a Rewards Credit. We may change the manner in which Taos Points are calculated, how many Taos Points must be accrued to earn a Rewards Credit, and the value of a Rewards Credit at any time.

Point Expiration; Rewards Credit Expiration

UNUSED POINTS IN YOUR PROGRAM ACCOUNT (POINTS NOT CONVERTED TO REWARD CREDIT) WILL BE VOID UPON ACCOUNT TERMINATION.

Returns & Exchanges

If you return a purchase for which you earned Taos Points in accordance with Taos then-current return policy, the Taos Points associated with your Rewards Account will be reduced by the number of Taos Points equivalent to the amount of the refund you receive. In the event of an even exchange, any Taos Points earned in association with the original purchase will remain. In the event of an exchange of an item of lesser value, the difference in value from your original purchase will be deducted from your Rewards Account. In the event of an exchange for an item of greater value, any additional expenditure will accrue Taos Points in accordance with these terms. Any new promotional offers in effect at the time of an exchange, will not apply, nor modify your Rewards Account balance.

Rewards Credit Redemption

Unexpired Rewards Credits may be applied to purchases at taosfootwear.com site as long as your account remains effective, and the Reward Coupon has not expired (each an "Authorized Purchase"). Rewards Credits cannot be applied to previous purchases, purchase of a gift card or redemption of a gift card, processing charges, delivery surcharges, shipping, taxes, or state and any other applicable governmental fees. Rewards Credits will be redeemed in United States dollars. Each Rewards Credit must be used in one purchase. Any remaining unused amount of a redeemed Rewards Credit will be forfeited (and no change or difference in amount will be given). You are responsible for all charges in excess of the value of the Rewards Credit. We have the right to deny any transaction or reject your use of any Rewards Credits in the event of any attempted or actual sale or transfer of any of your Taos Points, Rewards Credits, or your Rewards Account or misrepresentation or other suspected fraudulent behavior by you.

To use a Rewards Credit when making an Authorized Purchase on the taosfootwear.com site, you must log into your account, and choose to apply the Rewards Credit at checkout. Taos reserves the right to require the person using a Rewards Credit to validate that they are the person associated with the Rewards Credit.

The Rewards Credit will be in addition to other promotional credits or discounts offered at the time of purchase ("Other Rewards"), unless otherwise stated in the Other Rewards. The Rewards Credit will be applied after all Other Rewards are applied to the Authorized Purchase.

You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using Rewards Credits.

Taos Points, Rewards Credits and Rewards Accounts Are Non-Transferable and Not Redeemable for Cash

Taos Points and Rewards Credits are promotional in nature, have no cash value and may not be exchanged for cash. Rewards Credits are redeemable for merchandise only and cannot be applied to previous purchases, purchases of gift cards or shipping (“Rewards Purchases”). Your Taos Points and Rewards Credits 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, or used by you for any commercial purpose. You are responsible for any federal, state or local taxes applicable to your participation in the Rewards Program.

Loss of Taos Points and Rewards Credits

Taos is not responsible for Taos Points or Rewards Credits that expire, are lost, or are redeemed due to suspected suspicious or fraudulent activity. Suspected illegal, fraudulent or other unauthorized use or misuse of Taos Points, Rewards Credits, or any other activity inconsistent with these Rewards Program Terms may, in the sole and absolute discretion of Taos, result in termination of your participation in the Program. Such termination will result in the loss of all Taos Points earned and Rewards Credits.

Errors

We accept no liability for any errors in the number of Taos Points or any Rewards Credit disclosed to you.

Termination of Your Rewards Account

In addition to termination of the Program, Taos may also revoke your ability to participate in the Program for any reason, including:

your failure to comply with these Rewards Program Terms and any other terms and conditions applicable to the Program
any misrepresentation or other fraudulent behavior by you
your use of any "bot," macro, script, or other automated, robotic, mechanical, or programmed means to participate in the Program or earn Taos Points or Rewards Credits
the attempted or actual sale or transfer of any of your Taos Points, Rewards Credits, or your Rewards Account
repeated attempts to utilize void Rewards Credits
creation of multiple or fake Rewards Accounts
any other conduct deemed by Taos, in its sole discretion, to be: an abuse of or contrary to the spirit of the Program, detrimental to the interests of Taos or its customers, fraudulent, illegal, or otherwise improper

Taos also reserves the right to close a Rewards Account that is inactive. An inactive Rewards Account is defined as an account that has not earned or redeemed Taos Points for one (1) year or longer. In the event that your Rewards Account is closed due to inactivity, then you will no longer be eligible for Taos Points or converting Taos Points into Rewards Credits. In such circumstances, you may reactivate your Rewards Account by making a qualifying purchase using your Taos account that is associated with your Rewards Account, but any Taos Points earned prior to your Rewards Account being deemed inactive will be voided.

Upon any termination of your Rewards Account, any Taos Points and Rewards Credits associated with your Rewards Account will automatically be lost or terminated. Upon revocation of your participation in the Program for reasons other than an inactive Rewards Account, your future participation in the Program may be prohibited, in the sole and absolute discretion of Taos.

Accessing and Updating Your Rewards Account

You are responsible for keeping your information current, complete and accurate. You may access and update your Rewards Account information at https://taosfootwear.com/account/login. You are solely responsible for any and all activities that occur under your Rewards Account.

LIMITATION OF LIABILITY; INDEMNIFICATION

THIS PROGRAM IS MADE AVAILABLE TO YOU, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAOS FOOTWEAR AND ITS AFFILIATES, PARENT COMPANIES AND SUBSIDIARIES (COLLECTIVELY, THE "TAOS COMPANIES") MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE PROGRAM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TAOS COMPANIES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE PROGRAM, FOR YOUR ACTION OR INACTION IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR FOR ANY DAMAGE YOU MAY INCUR IN CONNECTION WITH THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER THE TAOS COMPANIES OR THEIR AGENTS OR THIRD-PARTY PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM, THE DELAY OR INABILITY TO PARTICIPATE IN THE PROGRAM OR OTHERWISE ARISING IN CONNECTION WITH THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TAOS COMPANIES ARE NOT LIABLE FOR THE CONDUCT OF OTHER PROGRAM MEMBERS. THE LIMITATION ON DAMAGES IN THIS SECTION IS NOT INTENDED TO LIMIT THE TAOS COMPANIES’ OBLIGATION (IF ANY) TO PAY PREVAILING PARTY COSTS OR FEES, IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE TAOS COMPANIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE TAOS COMPANIES, OR FOR THE TAOS COMPANIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.

EACH MEMBER UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE TAOS COMPANIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM.

Program Modifications; Termination of the Program

We reserve the right to modify, restrict, suspend, or otherwise change any aspect of the Program, and/or these Rewards Program Terms from time-to-time, including without limitation, the eligibility conditions for participation in the Program, the manner in which Rewards Members participate, the manner and rates at which Taos Points and Rewards Credits are earned and redeemed, redemption mechanisms, or what constitutes an Rewards Activity. We will notify you of changes to these Rewards Program Terms by posting them to the Site, notifying you by email to the email address then associated with your Rewards Account, and/or using any other contact information we may have for you. The updated Rewards Program Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by Taos. The updated Rewards Program Terms will apply to your participation in the Program beginning as of their effective date or upon the occurrence of such other action specified by Taos at the time. Should you not agree to such an amendment, you may cancel your participation in the Program as set out in Section 8. EXCEPT WHERE EXIGENCIES REQUIRE A SHORTER TIMEFRAME, WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM COMPLETELY BY PROVIDING YOU WITH FORTY-FIVE (45) DAYS’ WRITTEN NOTICE OF AND INSTRUCTIONS REGARDING THE IMPENDING TERMINATION.

ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION CHOICE OF LAW

TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH YOU AND TAOS WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH YOU AND TAOS WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.

The parties each agree to finally settle all disputes only through arbitration; provided, however, the Taos Companies shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles, CA and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Program will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Los Angeles, CA. The federal or state law that applies to these Rewards Program Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles, CA. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Program.

These Terms and the Program shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. Any action relating to the use of the Program or any transaction with Taos must be brought exclusively in the state or federal courts located in Los Angeles, CA.

Privacy

Information collected about you in connection with your Rewards Account and the Program is subject to the Taos Privacy Policy, which may be updated from time-to-time. Taos Privacy Policy can be obtained at: https://taosfootwear.com/pages/privacy.

General Information

You agree you will not sell, transfer or assign your Rewards Account, any Taos Points or rewards or any rights you may have in connection with the Program. Taos Points and Rewards Credits are not your personal property, are not descendible, and may not be inherited, bartered, purchased, or sold.

If any part of these Rewards Program Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Rewards Program Terms will govern such participation. Our performance under these Rewards Program Terms will be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.

Taos’ performance of these Rewards Program Terms is subject to applicable existing and future laws and legal process, and nothing contained in these Rewards Program Terms is in derogation of Taos right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by Taos with respect to such participation.

These Rewards Program Terms constitute the entire agreement between you and Taos with respect to the Program. These Rewards Program Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Taos with respect to this Program. No modification of these Rewards Program Terms will be effective unless it is authored in writing by Taos. Any alleged waiver of any breach of these Rewards Program Terms will not be deemed to be a waiver of any future breach.

Questions/Contact Us

If you have any questions about your Rewards Account or the Program, please email us at support@taosfootwear.com.

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Program Details

Rewards Credits

Rewards Credits are currently issued in ten-dollar ($10.00 US) increments.

Taos Points

200 Taos Points = $20.00 Reward

Minimum Reward is a $20 Reward; Rewards may also be issued in $10 increments above $20

Currently, members will receive 1 Point for every $1.00 US spent* with their Rewards Account though such value may change from time to time at Taos’ sole discretion.

*Taos Points are calculated based on the purchase price of the item(s) at the time of purchase, after discounts and coupons and before taxes and fees are applied. If you return a purchase for which you earned Taos Points in accordance with Taos then-current return policy, the Taos Points associated with your Rewards Account will be reduced by the number of Taos Points equivalent to the amount of the refund you receive. In the event of an even exchange, any Taos Points earned in association with the original purchase will remain. In the event of an exchange of an item of lesser value, the difference in value from your original purchase will be deducted from your Rewards Account. In the event of an exchange for an item of greater value, any additional expenditure will accrue Taos Points in accordance with these terms. Any new promotional offers in effect at the time of an exchange, will not apply, nor modify your Rewards Account balance. Taos Points will be rounded down to the nearest whole dollar amount if the dollar amount of the purchase is less than $0.50, and Taos Points will be rounded up to the nearest whole dollar amount if the dollar amount of the purchase is equal to or greater than $0.50.

*Maximum rewards discount will be $100 (1,000 points) off your order.

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