ORANGE COUNTY TRANSPORTATION AUTHORITY
OC BUS REWARDS PROGRAM TERMS AND CONDITIONS

AGREEMENT SUMMARY

The Orange County Transportation Authority (OCTA) OC Bus Rewards Program allows OC Bus riders the opportunity to earn points towards free bus passes. This Agreement and OCTA’s Privacy Policy govern your registration, access to, and use of, the OC Bus Rewards website. If you are using the OC Bus Rewards Program on behalf of any entity, you represent and warrant that you are authorized to accept and agree to be bound by this Agreement on behalf of yourself and the entity that you represent.

PLEASE READ CAREFULLY. By reviewing these Terms and Conditions, clicking “I Agree” on the registration page, and participating in the OC Bus Rewards Program, you (or your parent/legal guardian if you are under the age of 18) represent that you have read, understand, and agree to be bound by this Agreement and agree to the following rules governing the OC Bus Rewards Program.

Registering for the OC Bus Rewards Program requires you to provide your personal contact information, including your name, mailing address, phone number, email address and date of birth. If you are registering on behalf of an entity, you must provide personal contact information about that entity. You agree that the information you provide is accurate and complete, and you agree to update that information if it changes. Your failure to provide accurate and complete information will be a breach of this Agreement and may result in termination of your account and of denial and access to the OC Bus Rewards Program.

Any questions, issues, or concerns regarding the OC Bus Rewards Program must be directed to OCTA’s Customer Service Center by calling 714-636-7433 or emailing customers@octa.net.

By accessing the OC Bus Rewards website and registering to participate in the program, you represent and affirm that you are at least 18 years old, or you affirm that you have parental consent and have reviewed this Agreement with a parent or guardian.

PROGRAM TERMS AND CONDITIONS

1. Overview of the OC Bus Rewards Program

   The OC Bus Rewards Program is a rewards program offered by OCTA for participating users to earn rewards when they use OC Bus passes and ride the OC Bus system. This program is subject to these terms and conditions, which are final and binding (“Terms and Conditions”).

2. Eligibility

   The program is open to legal residents of the 50 United States and District of Columbia, who are 18 years of age or older, or are under the age of 18 and have parental consent to participate in the OC Bus Rewards Program, at the time of registration who ride OC Bus. The program is void outside of the 50 United States or District of Columbia, and where prohibited by law.

3. Duration of Program

   The program begins at 12:00:00 a.m. Pacific Standard Time (PST) on November 1, 2023, and ends on a future date to be determined by OCTA at OCTA’s sole discretion (“Rewards Period”). OCTA reserves the right to suspend, modify, extend, or cancel the Program, at its sole discretion, at any time.

4. Registering for the Program

   Persons who meet the eligibility requirements under Section B above may enroll in the OC Bus Rewards program by logging into ocbusrewards.com (the website), completing and submitting the user registration form, including, but not limited, to creating a password, and the option of adding their social media handles. Upon successful registration, customer will receive an OC Bus Rewards Email Verification email for the customer to click the Confirm Email Address button in order to link to the OC Bus Rewards website. Upon clicking the Sign In button, customer will become an OC Bus Rewards Member and begin earning points in their OC Bus Rewards account. These points will make the Rewards Member eligible to receive rewards. Limit of one (1) Rewards Member account per person, but multiple Rewards Members from the same household are acceptable with their own accounts. Rewards Members must be an individual person. Sharing an account with multiple persons is not allowed. Only OC Bus Rewards Members can earn Rewards.

   OC Bus Rewards Member should promptly notify OCTA of any changes to personal information such as name, address, mobile phone number and email address by visiting ocbusrewards.com and going into the account settings tab to make any necessary updates. OCTA reserves the right to cancel any account for which it has incomplete, inaccurate, false or fictitious personal information. This will result in any Reward points earned being forfeited.

5. Earning Rewards

   There are two (2) ways to earn Rewards points: by purchasing and using OC Bus passes and by the number of times they ride OC Bus with each pass.

   1. Rewards Earned by Passes:

      Rewards Members who purchase and use OC Bus passes during the Rewards period (no past purchases will be accepted) will earn points based on the type of pass they use. Rewards period is defined by the date and time of account registration through the duration of the Rewards Period.

      Only one activated One Day or 30-Day pass may be used to earn rewards points on a single calendar day. Rewards cannot be earned on two activated One Day or 30-Day passes on the same calendar day.

      Rewards can be earned on both paper and mobile passes in the same customer account.

      Rewards Members who register with the OC Bus Rewards program with the same email address as they use on the OC Bus mobile app, and purchase and use mobile tickets, will have their rewards points automatically attributed to their Rewards Member account.

      Rewards Members who purchase and use paper passes, may take a photograph of the front and back of the pass, go to their Rewards Member account on the website, and upload the photos where indicated on the website. The website will then automatically attribute the number of rewards points earned for each pass.

      Rewards Members may also earn bonus points for a variety of actions, at OCTA’s sole discretion. For example, upon completing the registration, the number of points to be awarded will vary at OCTA’s sole discretion. A full list of bonus point action opportunities is listed on the website in the Frequently Asked Questions under bonus points.

   2. Rewards Earned by Riding OC Bus

      Rewards Members will earn five (5) points for each trip they take using a valid activated OC Bus pass that has been registered with the OC Bus Rewards program.

      Points that are earned will automatically be credited to each Rewards Member’s account. Once points are redeemed, those points will be removed from the user’s account. Rewards Members may not combine, transfer, or sell points accrued in their Rewards Member’s Account to any other person. Any attempt to combine, transfer or sell points accrued in Rewards Member’s Account to any other person will result in disqualification from the OC Bus Rewards Program and forfeiture of all points earned in the Rewards Member’s Account. OCTA reserves the right to take any action it deems appropriate in its sole discretion in the event that it believes, in its sole discretion, that any Rewards Member has violated any of these provisions. OCTA reserves the right to change, add, or revoke the methods by which Rewards Members can earn points or rewards.

      Points are void if (a) not obtained in accordance with these Terms and Conditions or through legitimate channels; (b) any part of the Reward is counterfeit, altered, defective, tampered with or irregular in any way; or (c) obtained as the result of a sale or transfer which OCTA, in its sole discretion, determines is in violation of these Terms and Conditions. The points for rewards earned will appear in the Rewards Member’s Available Points Account upon completing any of the ways to earn points as set forth in (1) and (2) above. There may be instances where there is a delay in Points appearing in the Rewards Member’s Available Points Account.

      If a Rewards Member believes that points were not properly accrued to their account, the Rewards Member must notify OCTA by calling 714-636-7433 or emailing customers@octa.net within
      14 days after submission of proof of purchase. In no event will OCTA be responsible for any errors or omissions not brought to OCTA’s attention during the 14-day notice period.

      In its sole discretion, OCTA reserves the right to reverse points previously credited to Rewards Members account if, upon OCTA request, earning of such points cannot be properly verified. OCTA’s decisions regarding the awarding of points are final and binding. If OCTA determines that previously verified points are invalid for any reason, OCTA reserves the right to revoke the applicable points from the Rewards Member Account.

      All points earned during a given calendar year must be used by the end of the following calendar year. For example, all points earned during the calendar year 2023, will have an absolute expiration date of January 1, 2025.

6. Point And Rewards Values

   You will earn 5 points for each trip you take with a qualifying OC Bus pass, plus you will earn points based on the type of OC Bus pass you activate and use on OC Bus.

   Points Earned at Activation Based on Pass Type (mobile or paper)
   	Single Ride (Mobile only)	One Day Pass	30-Day Pass
   Regular	100	400	7,500
   Senior	50	100	2,500
   Disabled	50	100	2,500
   College	--	--	4,400
   Savings Pass	--	250	4,400

7. Redeeming Rewards

   1. Rewards Members can redeem their Rewards points for free OC Bus passes.

   2. Rewards Members must have the minimum required number of points as listed in the Frequently Asked Questions in order to redeem for free OC Bus passes. No discounts on passes will be permitted. Once an OC Bus pass has been redeemed to the OC Bus Rewards Member account, it is non-refundable and will not be returned to the Rewards Member’s account, even if the free pass is not used. All Rewards redemptions are final. Refunds, exchanges, and other issues regarding free passes redeemed are not the responsibility of OCTA.

   3. The points that have been accrued in a Rewards Member account have no cash value, are not transferable and are only redeemable for Rewards via the OC Bus Rewards program as featured on the website and in accordance with these Terms and Conditions.

8. Modifications and Termination of the Program

   1. OCTA reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, the duration of the Rewards Period, methods by which Rewards Members may earn Points, the Point/Rewards values, and the number of Points required to earn free passes.

   2. OCTA reserves the right to terminate or temporarily suspend the OC Bus Rewards Program at any time, for any reason, with notice, even though termination may affect a Rewards Member's ability to accrue and/or use his/her Points. In the event of a termination, Rewards Member’s ability to redeem Rewards will cease and any remaining Points will be forfeited in their entirety as of the termination.

   3. A Rewards Member's continued participation in the OC Bus Rewards Program constitutes the Rewards Member's acceptance of any changes to these Terms and Conditions. Rewards Members are responsible for remaining knowledgeable of any changes that OCTA may make to these Terms and Conditions. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at the Website and will supersede all previous versions of these Terms and Conditions. Additionally, Rewards Members will be notified of any updates or changes to the Privacy Policy and Terms and Conditions through a pop-up notification upon first visit after either have been updated and accessible on the OC Bus Rewards Website.

9. General Terms and Conditions

   1. To learn how the personal information collected in connection with the OC Bus Rewards Program may be used, participants should read OCTA’s Privacy Policy.

   2. OCTA reserves the right to discontinue the participation privileges of any Rewards Member who engages in any fraudulent activity or uses the OC Bus Rewards Program in a manner inconsistent with these Terms and Conditions or with any federal, state, or local laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of all accumulated Points. In addition, OCTA shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

   3. OCTA reserves the right to rescind Points credited to an Account which were obtained as a result of fraudulent activity, mistake, or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in internet services, phone lines or network hardware or software related to the OC Bus Rewards Program.

   4. The OC Bus Rewards Program is available to individuals only. Corporations, businesses, charities, associations, or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Points for combined use.

10. Limitation of Liability

    1. OCTA is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the OC Bus Rewards Program or utilized by Rewards Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the website or online service, or for any other technical or non-technical error or malfunction. In the event of a distribution error, neither OCTA, Brandmovers, Inc., nor their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the OC Bus Rewards Program, or the production or distribution of OC Bus Rewards Program materials (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR OFFERED REWARDS THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF OCTA IMPROPERLY DENIES ANY REWARDS MEMBER ANY POINTS OR REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS OR REWARDS. BY PARTICIPATING IN THE PROGRAM, REWARDS MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. OCTA, its affiliates, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered as a Reward. TO THE FULLEST EXTENT ALLOWABLE BY LAW, OCTA, BRANDMOVERS, INC., AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED OR SOLD BY ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Rewards Members (or their parent/legal guardian, if under the age of 18) agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.

    2. As a condition of participating in the OC Bus Rewards Program, each Rewards Member (or their parent/legal guardian, if under the age of 18) agrees that

       1. Any and all disputes, claims, and causes of action arising out of or connected with the OC Bus Rewards Program, or any Rewards obtained through the program, shall be resolved individually, without resort to any form of class or mass action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in California;

       2. Any and all claims, judgments and Rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but shall not include attorneys' fees; and

       3. Under no circumstances will any Rewards Member be permitted to seek recovery for, and Rewards Member hereby waives all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any, and all, rights to have damages multiplied or otherwise increased.

    3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Rewards Member and the Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.

    4. These Terms and Conditions constitute the entire agreement between OC Bus Rewards Program participants (or their parent/legal guardian, if under the age of 18) and OCTA pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

    5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

Terms and Conditions effective as of November 1, 2023