Terms & Conditions:
PLEASE READ THE FOLLOWING CUSTOMER REFERRAL PROGRAM TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE CUSTOMER REFERRAL PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCES OF ALL THE PROGRAM TERMS AND CONDITIONS.
We are excited that you are choosing to participate in the Playworks customer referral program. Your participation in and use of the program is strictly subject to the program terms and Playworks terms. If you have any questions please feel free to contact us at any time.
Participant Acceptance and Termination
We can and will make all determinations regarding participation in the program. We reserve the right to terminate your participation in the program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Any written notices required or permitted to be given by Playworks hereunder may be delivered by email. By participating in the program, you consent to delivery of all program-related notices and information by email to the email address you have registered with and acknowledge that you have the necessary equipment (hardware and software) to receive such emails.
Qualified Referrals and Payment
Qualified referrals must (i) be new customers to Playworks: for purposes of the program, “new customer” includes either the referred person or the school or youth-serving organization where the referred person is employed; “new customer” does not include either (1) a person or organization who is a current or pending customer (2) a person or organization who was a customer within the 30 days immediately prior to the date a referral email invitation was generated by referral program to that person; (ii) satisfy all enrollment requirements; (iii) enroll online by filling out a form through the email generated by the http://www.playworks.org/services/refer-a-friend page before June 30, 2018. Eligible participants are defined as (a) the “new customer” and (b) the person who referred the new customer. Eligible participants will be issued either (a) a gift card to the Playworks store (playworksstore.org) or (b) (i) for new customers, a discount on Playworks service purchased and (ii) for the person who referred the new customer, a discount on a future Playworks service purchase for a school or youth-serving organization with which they are affiliated. The amount of such gift card or discount code will be determined based upon the current offer at the time of the applicable qualified person’s enrollment. The prepaid gift card or discount code amount offered may be changed at any time prior to enrollment of a qualified referral without notice to you or your referrals. The http://www.playworks.org/services/refer-a-friend page will contain up-to-date information regarding then current offered gift card or discount code amount. Such gift card or discount code will be applied as soon as the qualified referral has met all requirements. By participating in the program, you agree that we shall make the final determination as to whether any referral meets all requirements to be considered a qualified referral. Participants in the program shall be limited to a total incentive equal to $399 per calendar year. $399 includes all bill credits earned through the referral program as well as all other bill credits or monetary rewards earned through any special customer promotion during the applicable calendar year. $399 does not include discounts on future purchases. From time to time, there may be limited-time promotions which provide for increased incentive payments. They are subject to change without notice to you by updating the information on the http://www.playworks.org/services/refer-a-friend page. We are not obligated to, and will not release to you the reasons why a particular referral has not been deemed a qualified referral.
CAN-SPAM Act Compliance
Playworks complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving our marketing emails, that email address will not be sent an email. Playworks is not required to notify you if an email is not sent.
In connection with your participation in the program, you may receive confidential and proprietary information belonging to Playworks, including sensitive customer data (“Information”). You will maintain all of such information in strict confidence and use the Information only in connection with your participation in the program. Notwithstanding anything to the contrary contained herein, you agree that you will comply with the customer confidentiality provisions.
Independent Contractor Relationship
Your participation in the program does not authorize you to act on our business’s, its parent’s or their respective affiliates’ behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Playworks, its parent or their respective affiliates. By participating in the program, you acknowledge that you do so at your own risk and as an independent contractor and that Playworks is not directing how you perform your obligations hereunder.
Other than with respect to materials provided to in connection with your participation in the program, your status as a participant in the program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Playworks or its respective affiliates.
By participating in the program, you agree to and will indemnify and hold our business, its parent and their respective affiliates harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the program or breach of these Program Terms.
Warranty Disclaimers; Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER PLAYWORKS NOR ANY OF ITS AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OUR BUSINESS, ITS PARENT OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Program Terms may be altered, changed, modified or assigned by Playworks at any time by providing notice to you. Your participation in the program at any time after our business provides you such notice of changes will constitute your agreement to such changes.
Other Terms and Conditions
These Program Terms are in addition to and do not in any way limit or alter Playworks’ other terms and conditions or agreements pursuant to which our business allows you to participate in the program.
Acceptance and Jurisdiction
By participating in the program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of California without regard to the conflict or choice of law rules thereof. The federal and state courts California shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the program you consent to same.
FTC 16 CFR Part 255 Compliance