This page sets outs the terms and conditions that apply in relation to your sports club’s, team’s or training group’s (in each case “Club”, “you” or “your”) participation in HIGH5’s (“HIGH5”, “we”, or “our”) Sports Club Rewards Programme (“the Programme”).
All clubs, teams or training groups submitting an application and participating in the Programme must be represented by a nominee who must be aged 18 years or above and be authorised to represent and act on behalf of their club, team or training group in connection with the Programme (the “Club Nominee”).
By submitting an application on behalf of a Club to participate in the Programme, the Club Nominee warrants and represents that they have the authority to act for their Club and have read, understood and agree to these terms and conditions for and on behalf of their Club. It is the Club Nominee’s responsibility to ensure that their Club’s governing body or committee and/or members are made aware of these terms and conditions.
What is the HIGH5 Sports Club Rewards Programme?
The purpose of the Programme is to provide sports clubs, teams or training groups with high quality, scientifically formulated, sports nutrition products at discounted prices and cashback rewards on qualifying purchases (using a unique club discount code) to spend on club projects, supporting a charity of the Club’s choosing, or the local community.
There will also be a number of added benefits that will be awarded on a case by case basis at HIGH5’s discretion and dependent upon the Club’s level of engagement within the Programme.
How long is the Programme?
The Programme will run until midnight on the 31St
December 2021. We will then review its status.
Eligibility criteria and entry onto the programme
To be eligible for consideration for participation in the Programme, a Club must:
- be UK-based;
- be affiliated to a sports governing body or, if not affiliated, be a group of people who meet regularly for sporting activities and/or exercise. Where a Club is affiliated, the Club’s committee must have confirmed that it agrees to join and participate in this Programme and, upon request, provide HIGH5 evidence of this;
- nominate a Club Nominee to act as a single point of contact to HIGH5 and to represent and act on behalf of the Club in connection with the Programme. Any changes to the details of this nominee must be notified to us promptly. The Club Nominee shall liaise with HIGH5 on a regular basis to review the promotional activities of the Club and its members and to ensure the smooth running of the Programme;
- have a valid UK bank account which is authorised by the Club to be operated and administered by its treasurer, team coach or nominated group organiser;
- not be already participating in this Programme. Only one entry is allowed per Club; and
- complete and submit our online entry form. All information submitted must be complete, up-to-date and accurate.
Upon receipt of a Club’s application, we will review the application and decide, in our sole discretion, whether to allow or reject the Club’s entry to the Programme. We will confirm acceptance onto the Programme in writing.
Promotional Club Code - discounts, cashback rewards and other benefits
On written acceptance of a Club’s participation in the Programme, we will issue the Club with a unique promotional code (“Club Discount Code”) that members of the Club and their friends and family may use to receive the following benefits, subject always to compliance with these Terms and Conditions and the Club Discount Code Rules (see below):
Discount on highfive.co.uk: discounted purchases for members of the Club and their friends and family of up to 40% off all full priced (RRP) products on the highfive.co.uk website.
Cashback rewards for the Club for Cashback Projects:
For the duration of a Club’s participation in the Programme, it may earn cashback rewards (“cashback rewards”) on every purchase of full priced (RRP) products on the highfive.co.uk website for which the Club’s Discount Club Code has been used in accordance with the Club Discount Code Rules (each a “Qualifying Purchase”).
Cashback rewards will be up to 10% of the net sales price (product price after discounts, excluding VAT and postage and packaging) of a Qualifying Purchase.
Funds provided for cashback rewards may only be used to fund Cashback Project(s) that are agreed in advance with HIGH5 (see further below). Payment of cashback rewards is subject to agreement of such Cashback Project(s).
Qualifying Purchases and cashback rewards will be tracked on a cumulative basis by HIGH5 from the date a Club is granted entry to the Programme until either the end of the Programme or if you or we decide to end the Club’s participation in the Programme (see section below). Cashback rewards will be calculated by HIGH5 quarterly with a first payment date of 08.2020 (or on such other frequency as HIGH5 may choose in its sole discretion) and will be paid into a nominated UK bank account subject always to compliance with these Terms and Conditions, including the Club Discount Code Rules and agreement of a Cashback Project (see below)
The maximum amount of Cashback rewards payable by HIGH5 to a Club shall be £20k per calendar year (“Value Cap”). Payments of Cashback rewards which exceed this Value Cap may be made by HIGH5 in its sole discretion.
Other Programme benefits: HIGH5 may from time to time offer additional discretionary benefits to Clubs that participate in the Programme. Such benefits will be made available at HIGH5’s sole discretion and on a case by case basis.
All uses of a Club Discount Code must be in accordance with the Club Discount Code Rules (see below) and any benefits are subject to adherence with such rules. Purchases and discounts are subject to the High5 Terms of Sale on highfive.co.uk.
HIGH5 reserves the right to modify or discontinue, temporarily or permanently, the discount and/or cashback reward and/or other Programme benefits (and associated conditions) without prior notice at any time during the Programme.
Club discount code rules
The Club Discount Code may only be used in accordance with the following Club Discount Code Rules:
Who can use the Club Discount Code: the Club Discount Code can be distributed to and used by members of the Club and their friends and family only. The Club Discount Code may NOT be distributed to and/or used by anyone who is not associated with the Club and/or its members;
Methods of distribution of the Club Discount Code: the Club Discount Code may be distributed to Club members and their friends and family using any method that directly reaches that audience, e.g. via word of mouth, on a club house notice board, via leaflets/newsletters, through private Club-related social media groups, via private WhatsApp or Facebook messenger groups, or via email to the Club’s database. The Club Discount Code must NOT be shared with the general public (e.g. via website or social media channels) or with any other unauthorised third parties (e.g. voucher code sharing websites).
Use on highfive.co.uk: the Club Discount Code can only be used on highfive.co.uk and cannot be used on any other third party website or store. The Club Discount Code’s use is subject to the High5 Terms of Sale on highfive.co.uk and is applicable only on full priced (RRP) products. The Club Discount Code cannot be used in conjunction with another discount code or site wide promotion.
Misuse of your Club Discount Code: you must notify HIGH5 immediately on becoming aware of any misuse of the Club Discount Code, including any breach of these Club Discount Code Rules.
The Club and/or the applicant or other Club Nominee (acting for and on behalf of the Club) warrants, represents, and undertakes to only use the Club Discount Code in accordance with the Club Discount Code Rules.
HIGH5 reserves the right to amend the Club Discount Code Rules without prior notice at any time during the Programme. Without prejudice to any other rights and/or remedies available to us in these terms and conditions or under applicable law, in the event that we become aware of any breach of these Club Discount Code Rules or misuse of the Club Discount Code, we reserve the right to end your participation in the Programme (see further below).
Use of Cashback Rewards - Cashback Projects
Through the cashback rewards earnt through the Programme, HIGH5 will support raising funds for agreed projects that help further the development of the Club, a charity of the Club’s choosing, or the local community (each agreed project a “Cashback Project”). Examples of Cashback Projects are set out in the Programme Overview [link to marketing doc]
. The following shall apply in relation to Cashback Projects and the use of cashback rewards:
Club Collaboration with High5 - exposure on online channels
Agreement of Cashback Projects – each Cashback Project should aim to benefit the Club or local community/charity and must be agreed with HIGH5. The first Cashback Project(s) must be agreed by HIGH5 (acting in its sole discretion) before acceptance of the Club onto the Programme. A Club may have multiple Cashback Projects. The Club must notify HIGH5 of any changes to a previously agreed Cashback Project and such changes must be agreed with HIGH5.
Use of cashback rewards – cashback rewards may only be used to fund Cashback Projects. The Club and the applicant or other Club Nominee (acting for and on behalf of the Club) warrants, represents, and undertakes that any cashback rewards that the Club receives from HIGH5 will be used lawfully and solely for the purpose of the agreed Cashback Project(s). Upon reasonable notice, the Club shall provide HIGH5 with documentary evidence (e.g. receipts, photographs or written reports) to demonstrate that the cashback rewards are being used for the purpose of the agreed Cashback Project(s).
Updates and completion of Cashback Projects – upon request, you must provide us with an update as to the status of your Cashback Project and you must inform us upon the completion of the project. Any new Cashback Project must be agreed with us before any cashback rewards will be paid.
Misuse of cashback rewards – you must notify HIGH5 immediately on becoming aware of any misuse of cashback rewards by the Club, its members or by any chosen organisation, charity, or other recipient. Without prejudice to any other rights and/or remedies available to us in these terms and conditions or under applicable law, in the event that we become aware of any such misuse of cashback rewards, we reserve the right to: (i) end your participation in the Programme (see further below); and (ii) require that you reimburse HIGH5 the cost of all cashback rewards already paid by HIGH5 to the Club.
HIGH5 may from time to time share information about the Programme, Club participation, completed Cashback Projects and other Club achievements on our online channels including our website, social media channels, blogs and email newsletters.
By participating in the Programme, the Club agrees to the above and to support HIGH5 in the promotion of Programme and the HIGH5 brand by providing photographs and other content for use by HIGH5. The Club shall, upon reasonable request, provide HIGH5 with Club-related photographs, images, materials and other content (collectively “Club Content”) for HIGH5 to use on its social media channels, email newsletters or on its website. The Club and the applicant or other Club Nominee (acting for and on behalf of the Club) warrants and represents that it is authorised to share the Club Content and that the Club is the owner of the Club Content, or that it otherwise has all necessary rights to share the Club Content with HIGH5, and that HIGH5’s use of any such Club Content shall not infringe any rights, including intellectual property rights, of a third party. The Club shall indemnify HIGH5 from and against all damages, losses and expenses arising as a result of any action or claim of infringement of intellectual property rights of a third party arising from the use of the Club Content.
Ending the Programme or your participation in the Programme
You may choose to leave the Programme at any time by writing to us. Any valid cashback rewards you have accumulated during your Club’s participation in the Programme will be paid to your nominated account subject to the Value Cap and all the terms and conditions of the Programme having been complied with by the Club at all times. Your Club Discount Code will be deactivated on leaving the Programme.
At our sole discretion, we may decide to terminate the Programme earlier than its end date on 31st December 2020. If we do so, any valid cashback rewards you have accumulated during your Club’s participation in the Programme will be paid to your nominated account subject to the Value Cap and all the terms and conditions of the Programme having been complied with by the Club at all times.
Without prejudice to any other rights and/or remedies available to us in these terms and conditions or under applicable law, we reserve the right to end or suspend a Club’s Club Discount Code and/or terminate a Club’s participation in the Programme with immediate effect by giving the Club written notice if, in our sole discretion, we are of the view that:
- the Club or any of its members (or any of their friends or family) is in breach of any of these terms and conditions;
- the Club or any of its members have sought to manipulate the operation of the Programme;
- the Club or any of its members (or any of their friends or family) have misused their Club Discount Code;
- the Club or any of its members (or any of their friends or family) have breached any of the Club Discount Code Rules;
- in relation to cashback rewards or a Cashback Project, the Club, its members or its chosen organisation/charity have either: (i) used cashback rewards otherwise than for a Cashback Project; or (ii) otherwise misused any cashback rewards;
- the Club or any of its members have acted in a way that is non-representative of our brand or damages the goodwill or reputation of HIGH5; or
- the Club is in breach of any of the eligibility criteria for participation in the Programme.
If we terminate your participation in the Programme under any of the circumstances listed above then: (i) your Club Discount Code will be deactivated; (ii) the payment of any outstanding cashback rewards may be withheld or paid in our sole discretion; and (iii) we may require, within 10 working days following our request, that the Club reimburses HIGH5 for any cashback rewards that we have previously paid to the Club.
If the Club or any of its members or other individuals suffer any loss or damage arising out of or in connection with the Programme (including, without limitation, indirect, special or consequential loss), High5 will not be liable for this. Nothing will exclude our liability for death or personal injury as a result of our negligence or fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by law.
How these Terms and Conditions apply
Where the club, team or training group is an incorporated entity (e.g. limited company, charitable incorporated organisation or other form of incorporated entity) these terms and conditions shall apply between HIGH5 and such incorporated entity set out in the application form on joining the Programme (or otherwise notified to HIGH5). The Club shall at all times be responsible for its members’ (or any of their friends’ or family’s) participation in the Programme.
Where the club, team or training group is not an incorporated entity, these terms and conditions shall apply between HIGH5 and the Club Nominee. The Club Nominee shall at all times be responsible for their Club’s members’ (or any of their friends’ or family’s) participation in the Programme.
We reserve the right to make changes to the Programme and to amend these terms and conditions relating to the Programme at any time. We will notify you of any material changes to the Programme and to these terms and conditions.
In the event of a discrepancy or any conflict between these terms and conditions and the details of the Programme in any promotional materials, these terms and conditions will prevail.
If any provisions of these terms and conditions are judged to be invalid, illegal or unenforceable, this will not affect or impact the continuation in full force and effect the remainder of the provisions.
These terms and conditions shall be governed by and construed exclusively in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the Courts of England. Issue date: 5th May 2020.