Promotional Terms & Conditions
These are terms and conditions that commonly apply to promotions on TryCloudy.com, including ones where you must redeem a promotional code as part of the offer and where no alternative terms and conditions apply. By using or accessing our promotions or our site or purchasing and/or using our products, you agree to the below Promotional, Discounts, Deals, Advertisement Terms & Conditions & our full Terms of Service:
- This is a limited time offer.
- Cloudy reserves the right to modify or cancel the offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the offer at any time.
- Offer only applies to products sold by TryCloudy.com
- Digital content and services may only be available to customers located in the U.S.
- Offer good while supplies last.
- Offer limited to one per customer and account.
- Offer may not be combined with other offers.
- Each promotional code applies only to qualifying items.
- Shipping charges and taxes may apply to the full value of discounted and free promotional items.
- If the offer has a minimum purchase requirement, taxes, shipping and handling, and gift wrap charges do not apply when determining the minimum purchase amount.
- If the offer is for physical goods, the promotional code applies only to items purchased in a single order and shipped at the same speed to a single address.
- Offer is non-transferable and may not be resold.
- Offer void where prohibited, restricted, or taxed.
- If any of the products or content related to an offer are returned, your refund will equal the amount you paid for the product or content, subject to applicable refund policies.
- Unless an TryCloudy.com Gift Card is the stated benefit of the offer, promotional codes (including those placed directly in accounts) may not be redeemed for gift cards.
- Offer discount will be allocated proportionally among all promotional items in your order.
- For Buy One Get One Free / BOGO offers, the free item(s) will be the item(s) of equal or lesser value. You must also check to confirm that the quantity of products & discount applied is correct before completing checkout.
- % off & $ off discounts do not apply towards taxes & shipping charges.
- Offers end at the earlier of 11:59 p.m. (Eastern Time) on the expiration date or on the date the offer was made, unless indicated otherwise.
- Sale periods or end dates may extend.
- Excludes prior purchases & current orders.
- No cash value and not redeemable for cash.
- Cloudy may refuse, or limit the use of, any coupon for any reason, including reoccurring disruptive behavior.
- If you violate any of the offer terms, the offer will be invalid.
Rewards & Points Terms & Conditions
You may have only one Cloudy Rewards account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by Cloudy in its sole discretion.
You may accumulate points for any qualifying purchase made on and after your date of enrollment in Cloudy Rewards. To receive credit for a qualifying purchase and accumulate points, you must be logged in to your account, at the time you place an order for a qualifying purchase (including a qualifying catering order) at www.trycloudy.com. Points will not be awarded for purchases at www.trycloudy.com if you order or check out as a guest and not via your Cloudy Rewards account. Cloudy reserves the right to retroactively award points not meeting these conditions in its sole discretion and only upon provision of a valid receipt by you regarding such purchase; however, points will not be awarded for (i) purchases occurring prior to your enrollment in Cloudy Rewards; or (ii) purchases made more than thirty (30) days prior to a request made to Cloudy for such credit. In no event will Cloudy retroactively award points to any Cloudy Rewards account for more than (a) two purchases on one transaction date; (b) two purchases within one calendar week; (c) four purchases within one calendar month; (d) for customers with over $2,000 in total spend; (e) for customers who are wholesale or distributor or retailer buyers; or (f) for customers who are re-selling or distributing our products.
In order to accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, purchases using other currency or promotional offers will accrue points only for the amounts, if any, paid in cash. Qualifying orders must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate points. Each Cloudy Rewards participant account is limited to three qualifying purchases per day. Each Cloudy Rewards participant account is also limited to earn the lesser of a maximum of 20,000 points, or however many points they earned from a maximum $2,000 in purchases. Purchases of multiple items in a single transaction, may count as no more than one qualifying purchase.
Some exclusions apply. For example, purchases of Cloudy gift cards (including activations or reloads), purchases from our wholesale store, purchases made by a wholesale or distributor or retailer buyers, and purchases for products to re-sell or distribute do not accumulate points. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees, and recycling deposits, will also be excluded from a purchase total when computing qualifying purchases.
If you void or cancel a qualifying purchase credited toward accumulation of points, Cloudy reserves the right to deduct the points associated with that purchase from your account.
Once a Cloudy Rewards participant accumulates the number of points needed for a Reward, the participant can redeem their points in the Rewards Exchange section of their account. Once points are redeemed, the corresponding Reward will be automatically added to the participant’s account if the Reward is a Cloudy item. Some Rewards will be added immediately, while others will be added within approximately 48 hours. When a Reward is added to a participant’s account or otherwise redeemed, the points associated with that Reward will be deducted from the account.
Rewards that consist of Cloudy items are valid at www.trycloudy.com to customers in the United States, subject to availability. Cloudy may offer participants various other opportunities to use or redeem their points (e.g., for Cloudy Goods merchandise, or to allow a participant to indicate that he or she would like to surrender points to Cloudy in exchange for Cloudy making a donation to a specified charity). Additional terms and conditions, if any, that are particular to the opportunity will be provided in conjunction with the offer, but such opportunities will otherwise constitute a Reward that is governed by these Cloudy Rewards Terms. Once your points have been redeemed, they are gone and there are no refunds, returns or exchanges for additional points, cash, or other goods and services, even if you return the Reward or other item(s) that your points were redeemed toward.
Except as otherwise provided in these Cloudy Rewards Terms or in the terms communicated in conjunction with a particular Reward, Rewards expire if not used within 6 months after they have been added to a participant’s account. Redemption of Rewards is subject to availability of the selected Rewards at the time of redemption. A digital Reward coupon associated with a valid Cloudy Rewards account will be required to redeem any Reward.
Rewards may not be redeemed at www.trycloudy.com for customers outside the United States.
Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in conjunction with the opportunity to redeem points for such Rewards, or added to these Cloudy Rewards Terms from time to time.
TRACKING YOUR ACCOUNT
Cloudy Rewards participants can view and track qualifying purchases and available Rewards by logging into participant’s account at https://trycloudy.com/#smile-home. Cloudy reserves the right to change the number of points required to earn Rewards and/or the benefits associated with one or more Rewards in its sole discretion at any time. Rewards points expire after six months, unless sooner terminated as a result of an account being deactivated as provided herein.
Cloudy may from time to time in its sole discretion make available to participants in Cloudy Rewards the opportunity to earn additional points, and/or achievement “badges” or other program features, through special offers, challenges, bonuses or other promotions. The terms, conditions, and benefits applicable to any such special offers will be determined by Cloudy in its sole discretion and communicated to participants in conjunction with any such offers. Because any terms and conditions associated with any special offers under Cloudy Rewards may be different from or in addition to provisions of these Cloudy Rewards Terms, you should read any such special offer terms and conditions carefully before participating in any special offer.
LIMITATIONS, RESTRICTIONS AND OTHER TERMS
Your Cloudy Rewards account or other identifier associated with the Cloudy Rewards account and any accumulated Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one Cloudy Rewards account. You may not have a Cloudy Rewards account if you are a wholesaler, distributor, or retailer. You may not have a Cloudy Rewards account if you have ever or intend to distribute or re-sell Cloudy products. You may not have a Cloudy Rewards account if you have $2,000 or more on Cloudy products.
Cloudy’s determinations of participant eligibility or any questions or disputes arising under the Cloudy Rewards Program, these Cloudy Rewards Terms or any other Cloudy Rewards program rules or restrictions shall be final and binding and not subject to challenge or appeal. Other than as set forth in the Dispute Resolution section of these Cloudy Rewards Terms, nothing in these Cloudy Rewards Terms will limit Cloudy from exercising any legal or equitable rights or remedies that it may have.
Without notice to you, Cloudy reserves the right to suspend and/or terminate any Cloudy Rewards account and/or your participation in Cloudy Rewards if Cloudy determines in its sole discretion that you have violated these Cloudy Rewards Terms, you have more than one Cloudy Rewards account, or that the use of your Cloudy Rewards account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Cloudy Rewards Terms. Cloudy may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Cloudy Rewards is terminated, then all accumulated points and Rewards in your account are void.
There are no membership fees associated with Cloudy Rewards, although use of online services in conjunction with participation in Cloudy Rewards programs may result in data charges, internet access fees or similar expenses. Points, Rewards, account status and other benefits accumulated under the Cloudy Rewards program have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards used or obtained in this manner by any person or entity may be confiscated or cancelled.
There may be a limited number of a particular Rewards available, and those Rewards will be delivered on a first-come, first-served basis. Cloudy reserves the right to modify, amend or revise the Rewards that are made available. Participants may not rely on the continued availability of a particular Reward. The number of points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Cloudy or the third party supplying the Reward. Physical Rewards will be shipped only to the United States address provided by the participant in his or her account and will not be shipped to any other person or address. Cloudy reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Rewards will be fulfilled within six to eight weeks from date of redemption. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Cloudy Rewards materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.
Cloudy is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in Cloudy Rewards. If, for any reason, the Cloudy Rewards program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Cloudy which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Cloudy Rewards program, Cloudy reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Cloudy Rewards program or otherwise respond to the circumstances as Cloudy deems appropriate.
CHANGES TO CLOUDY REWARDS
Cloudy reserves the right to change, update and/or discontinue, in whole or in part, Cloudy Rewards or any portion of the program, all or any portion of these Cloudy Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Cloudy Rewards, at any time in its sole discretion and without advance notice to you or any other participants. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to our terms, and you waive any right you may have to receive specific notice of such changes or modifications. If you continue to participate in the Cloudy Rewards program by earning points, redeeming points, logging into your account or otherwise participating in the program in any way after a change to these Cloudy Reward Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes; therefore, you should review these Cloudy Rewards Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to Cloudy Rewards. If you do not agree to the Cloudy Rewards Terms, you must stop participating in Cloudy Rewards.