Terms of Use

Eligibility

To be eligible for participation in Cheddar Labs ("Program"), including the online store, contests, and other special offers or promotions, program members must meet the following eligibility requirements:

Must have an active account with the Program. Accounts are limited to one per person. Accounts will be deactivated after 12 months of inactivity.
Must be a legal resident of the 50 United States, the District of Columbia, or Canada. This Program is void in Puerto Rico, all U.S. territories and possessions, overseas military installations and where prohibited or restricted by law.
Residents of the province of Quebec are not eligible to participate in contest drawings on the Cheddar Labs web site. However, they are eligible to purchase items in the online store.
Must be 18 years of age or the age of majority in their place of residence, whichever is greater.
Must be employed at a physical retail location or be employed under a client corporation using Cheddar Labs as an internal training tool. User trainable content varies by retailer and industry.

Employees, officers, and directors (including immediate family members and members of the same household) of Hot Tomali Communications Inc. ("Sponsor"), its respective affiliated companies, subsidiaries, printers, advertising, promotion agencies, and any others associated with the Program, are not eligible to participate.

Deactivating Retail Chains

Retail chains may be disqualified from the Program due to store closure or if they become incompatible with the Program.

Members at deactivated retail chains will be given a 30-day notice of the deactivation via e-mail. During this 30-day period, the members can participate in the Program, including account access and participation in the store, contests and other promotional initiatives. If they would like to participate in the store, contests, or other promotional initiatives, they, like other members, must be verified.

Any store, contest or other promotional campaign transactions initiated by members of deactivated retail chains AFTER their deactivation date will be inadmissible. Contest winners must be active members at the time of the drawing to win a prize.

Verification Process

Verification process has never been easier. Here are some simple steps to verify your Cheddar Labs account:

Find a recent pay stub. Anything within the past 6 weeks will do.
Black out your salary and any other confidential information. All we need to see if your name, the store name/number, and the date
Log into your account
Go to "My Profile."
Upload your pay stub in the Verification Widget

Once we receive your verification, we will verify you and your verification is valid for one year.You need to Verify your employment every 12 months to participate in social features (comment, like, shop, etc).

Hot Tomali Communications Inc., reserves the right to verify member employment to allow participation in the Cheddar Labs' Retail Professional Program. Hot Tomali Communications Inc., may verify member employment using a third-party service. If used, members may be required to provide their social security number to the selected third-party vendor.

MEMBER ACCOUNTS

By participating in the Program, each participant affirms that they have read and accept these official Terms of Use. Any information you provide will be used for Cheddar Labs’ purposes only. Your information will not be shared with other individuals or companies without your permission. Hot Tomali Communications Inc., is not responsible for any false or missing information. Each membership profile includes account activity for the previous year (365 days). Activity older than 365 days cannot be accessed. If a member hasn't earned any Points in 365 days, he or she is considered inactive and removed from the system. At the time of deactivation, any Points accrued and status level will be cleared, so that a member will have to start a new account if he or she rejoins the program at a later date. Member requests to be set to inactive standing result in removal from the system. Members may refer other salespeople to join the Program. Salespeople who are referred to the Program will be notified of the name and email address of the referrer. The Cheddar Labs Program is not a certification program and completion of elements contained on this site does not authorize you to make representations on behalf of Cheddar Labs, Hot Tomali Communications Inc. or its products. Any attempt to circumvent these requirements by intentionally falsifying information or by creating multiple accounts may result in disqualification.

Military Duty

The Program supports temporary suspension due to active military duty. This means that members who leave their retail position for military duty can maintain their accounts, even though they may not actively participate. All status and Points accrued will be valid and available upon return to their retail sales position. Members who take a leave of absence from their retailer to fulfill active military duty may also enjoy program benefits, including ordering online store items, entering contests, and engaging in other promotional campaigns.

Further points to consider:

A member’s ship out/marching orders may substitute for employment verification
The ship out/marching orders should be faxed to the employment verification team, and approved, prior to the member ordering items from the store or claiming a contest prize.

Merchandise ordered through the online store or won through contests, may only be shipped to U.S. or Canadian addresses. Members stationed overseas must provide a U.S. or Canadian mailing address.

CODE OF CONDUCT

Conduct should be guided by common sense, professional behavior, and basic etiquette, as well as the Program Terms and Conditions. There will be zero tolerance for illegal behavior in the Program. Members must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse.

Members are personally responsible for all communication and activity in the Program, including any content contributed, including discussions, emails, and forums. Members indemnify and hold harmless Cheddar Labs, Hot Tomali Communications Inc. , its affiliates, employees, officers, and directors from any liability or damages arising from conduct throughout the Program, including any content contributed.

Violations

Please review the following violations. Engaging in any of the activities could result in disqualification from participating in the Program, and if deemed necessary, a formal complaint to an appropriate supervisor.

Post, transmit, promote, link to, or distribute content that is illegal.
Harass, threaten, embarrass, or do anything else to another Member that is unwanted. This means the following: don’t say bad things about other people, don’t keep sending them unwanted messages, don’t attack their race, sexual orientation, religion, heritage, etc. If you disagree with someone, respond to the subject, not the person.
Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
Disrupt the flow of forums, events, or other Program activities with vulgar language, abusiveness, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
Impersonate another person, indicate that you are a verified user of Cheddar Labs, or a representative of the Cheddar Labs Program, or attempt to mislead users by indicating that you represent Cheddar Labs or any Hot Tomali Communications Inc. partners or affiliates.
Attempt to get a password, other account information, or other private information from a Member or any other user in the Program. Remember: a forum moderator, a Hot Tomali Communications Inc. employee or one of Cheddar Labs’ third-party affiliates will NEVER ask for your password. Don’t give your password, reminder words, or employment information out to anyone.
Upload any software.
Upload any content that you do not own or have permission to freely distribute.
Promote or encourage any illegal activity including hacking, cracking, pirating, or distribution of counterfeit software.
Post messages on the forum or anywhere else sponsored by the Program for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of the Program.
Improperly make false reports to Cheddar Labs’ staff members.
Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.

Technical discussions around Cheddar Labs and other related manufacturers will be admitted, with the understanding that genuine discourse happens and is important to maintain a useful Program. Gratuitous trashing or inflating will be addressed as such. Within other program activities, a leader or Cheddar Labs employee will decide on a case-by-case basis how to address conflict. Optionally, these kinds of statements may be ignored, if not offensive.

If a member does not exhibit businesslike and courteous conduct, their account may be deactivated and they will be prohibited from participating in the Program. Cheddar Labs reserves the right to deactivate accounts and prohibit participation without notice. By participating in this program, participants understand and agree that all Cheddar Labs’ decisions are final.

POINTS & CONTEST ENTRIES

Points/contest entries have no U.S. or Canadian dollar or other currency value. They may not be sold, purchased, or bartered. They may only be used for Program benefits by the person who earned them. Points/CE are void if transferred for cash or other consideration, except for valid Cheddar Labs Program transactions. Points/CE are valid throughout the year as long as members remain active. Unused Points will expire a year after issuance (no exceptions). The database is purged bi-annually of inactive program members. Points/CE earned in the current Cheddar Labs Program transactions may not be used for any subsequent Cheddar Labs Programs that may be offered by Hot Tomali Communications Inc. Point-earning activities are subject to change without notice. Hot Tomali Communications Inc., reserves the right to establish redemption rules and to set the number of Points/CE required to obtain benefits, including online store transactions. Such criteria are subject to change at Hot Tomali Communications Inc.’s sole discretion without notice. The number of Points required to redeem an award shall be that number set by Cheddar Labs when Points are redeemed for the award, not when Points are accrued. Notifications or changes concerning the procedures for redeeming Points, accruing Points, and membership rules will be published by Cheddar Labs and will be available at www.cheddarlabs.com. It is the responsibility of each member to review these conditions of membership prior to redeeming Points for merchandise.

ONLINE STORE

The online store is governed by the Program Eligibility Requirements. See Eligibility for details. Additional limitations apply.

Employment Verification

Hot Tomali Communications Inc. reserves the right to verify employment for any online store transactions. See Verification Process for details.

Merchandise

Merchandise offered in the online store is governed by the Program Merchandise Terms and Conditions. See Merchandise for details. Additional limitations apply. Members will not have access to tracking information nor order history through the online store. This information is provided with an email request to info@cheddarlabs.com.

MERCHANDISE

Offers, merchandise, and prizes are available on a first-come, first-served basis, while supplies last.

Shipping

All merchandise and prizes are shipped Ground. A street address is required for shipping. PO Boxes are ineligible to receive merchandise. Most items ship within 72 hours. Some items will require a 10-day lead. Shipping and taxes for items in the Online Store and Contests throughout the U.S. and Canada are paid for by the User. Hot Tomali Communications Inc. and Cheddar Labs are not responsible for taxes, duties, nor liable for damage or any other seen or unforeseen expenses that can be incurred as a result of the shipping process.

Returns and Refunds

The Cheddar Labs program includes a No Refund policy. Exchanges are only given if the wrong item was shipped, the product was defective, and there’s a replacement part available. Cheddar Labs is not responsible for defective items.

CONTESTS

There is no purchase necessary to enter a contest. A purchase will not increase your chance of winning. Some contests will require Points to enter. In the event that this is applicable, the appropriate number of points will be deducted from your account upon entering. Contests are subject to all applicable Federal, State, Provincial, and Local rules and regulations.

Eligibility

The contests are governed by the Program Eligibility Requirements. See Eligibility for details. Additional limitations apply. Residents of the Province of Quebec are NOT eligible to participate in the contests on the Cheddar Labs website.

How to Enter

During the contest period you may enter online by logging on to the Cheddar Labs Program website at www.cheddarlabs.com using your member login and password.

Winning

For each contest, independent judges will select winners in a random drawing from among all eligible entries received during the Entry Period. Sponsor will attempt to notify potential Prize winners by phone or email approximately 5-7 business days after the Prize drawing. If a winner is a Canadian resident, he or she will be required to correctly answer a timed, mathematical skill-testing question administered by telephone or email. Failure to correctly answer the mathematical skill-testing question will result in disqualification. Judges’ decisions are final and binding in all respects.

Prizes

Prizes are governed by the Program Merchandise Terms and Conditions. See Merchandise for details. Additional limitations apply. Prizes are non-transferable except at Sponsor’s sole discretion. No substitutions or cash redemptions except at Sponsor’s sole discretion, in which case a Prize of equal or greater value will be awarded. Limit one (1) Prize per Member unless otherwise indicated.

PRODUCTS AND EXCHANGES

Store Merchandise

To exchange defective or incorrect merchandise, members must send an email request to info@cheddarlabs.com within 24 hours of receipt of goods, at which time the member will be given the process to make an exchange. The email contact will be available in the store interface, throughout the checkout process, and in the confirmation email sent after a transaction.

Contests

Members will need to email info@cheddarlabs.com if they have received the wrong item. The member will then be provided with the process for making an exchange. The email contact will be available in the contests interface, throughout the checkout process, and in the confirmation email sent after a transaction.

DISCLAIMER

Cheddar Labs reserves the right to amend these Terms of Use at any time without notice, and make exceptions on a case by case basis.

Changes to the Program and Member Accounts

Cheddar Labs may, at its sole discretion, amend the Program conditions of membership, including terminating any Member's ability to redeem Points already accrued, at any time. Any and all changes to the conditions of membership, including rules regarding the number of Points needed for merchandise in the Online Store, are retroactive and apply to all previously accumulated Points. Cheddar Labs may terminate a Lab or program at anytime.

Privacy

Cheddar Labs does not sell or rent your personal information to third parties for marketing purposes unless you have granted us permission to do so. We may share your personal information within Cheddar Labs or any of our worldwide subsidiaries for purposes of data processing or storage. Cheddar Labs may make lists of Cheddar Labs Program Members' personal information with authorized third-party agents or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of personal information necessary to complete the requested service or transaction. Members may view Cheddar Labs most up-to-date in “privacy policy.”

Warranty Disclaimer

All Cheddar Labs Program merchandise and prizes, including items from the Online Store, contests, and other promotional campaigns are available "AS-IS." Any and all warranties for merchandise, prizes, or parts thereof are provided by the warranty accompanying the products in the merchandise, if any. Except as otherwise provided in these Terms of Use, Releasees (as defined below) make no warranties, representations or guarantees, express or implied, in fact or in law, respecting the performance or use of merchandise, prize, or parts thereof, including, without limitation, quality, merchantability, and fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.

General Releases

The Sponsor, its agencies, fulfillment companies, vendors, contractors and agents and each of their respective affiliates, subsidiaries, parent corporations, participating resellers and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively, "Releasees") are not responsible for: any incorrectly or inaccurately provided personal information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Program; inability to access the Cheddar Labs Program web site, or any other Program-related web site; theft, tampering, destruction, or unauthorized access to, or alteration of, the foregoing; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any such website or for any other reason whatsoever; printing or other errors; any problems with transactions, including, but not limited to refused credit; or any combination thereof. Participants release and waive any claim they may have against Releasees and further agree that Releasees and their respective successors and assigns for injuries, claims, damages or losses, costs or expenses of any kind resulting from acceptance of or possession of or arising out of use or misuse of a purchased item, prize, or parts thereof or from participation in this Program. Participants affirm that they have read and accepted these Terms of Use. Any entry information collected from the Program shall be used only in a manner consistent with the consent given by participants at the time of the entry, with these Terms of Use, and with the Cheddar Labs’ Privacy Policy.

Limitations of Liability

Participants, release and agree to hold harmless the Releasees from any and all liability for any injuries, losses or damages of any kind to persons, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of merchandise or prizes, participation in any Program-related activity, or participation or inability to participate in this Program. Releasees are not responsible for lost, late, stolen, illegible, misdirected, damaged, incomplete or delayed Online enrollments due to: (a) telephone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction, or other technical failures or errors, or failure to properly process entries; (b) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to access the Cheddar Labs Program web site or any other Program-related Web site, submit entries or other disruption related to Internet traffic, virus, bug, or non-authorized intervention; (c) damage caused by computer virus or otherwise resulting to any computer from entrant's access of the Cheddar Labs Program web site, whether human, mechanical or electronic, or (d) incorrect or inaccurate information whether caused by users of the Cheddar Labs Program web site or any other Program-related Web site or by any of the programming or equipment associated with or used in the Program or any combination thereof. Releasees are not responsible for printing or other errors. Proof of submitting information at Program Web site is not considered proof of delivery or receipt. Releasees shall not be liable to winner or any other person for failure to supply the merchandise, prize or any part thereof, by reason of any acts of God; any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action[s], regulation[s], order[s], or request[s] prove[s] to be invalid); equipment failure; terrorist acts; earthquake; war; fire; flood; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor's sole control. The Participant and the Sponsor agree that the purchase contract and all documentation related to participation in the Cheddar Labs Program shall be drafted in English.

Limitations on Damages

IN NO EVENT SHALL HOT TOMALI COMMUNICATIONS INC OR ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES BE LIABLE TO ANY MEMBER, OR ANYONE CLAIMING THROUGH A MEMBER, FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ACTS OR OMISSIONS BY CHEDDAR LABS. IF CHEDDAR LABS IMPROPERLY DENIES A MEMBER POINTS CREDIT, THE MEMBER'S EXCLUSIVE REMEDY SHALL BE THE ISSUANCE OF THE IMPROPERLY DENIED POINTS, IF AVAILABLE, OR SUCH ALTERNATIVE, COMPARABLE BENEFIT AS DETERMINED BY CHEDDAR LABS AT ITS SOLE DISCRETION.