Terms and Conditions: Refer-A-Friend
Annmarie Skin Care LLC. (“we” or “COMPANY”) is offering you the opportunity to refer friends via a refer-a-friend Program (the “Program”) offered via a link in one or more of our emails to you.
Binding Agreement. By participating in the Program, you are bound by these Program Terms and Conditions (“Terms”) and the Terms and Conditions of our website https://www.annmariegianni.com/terms/ (the “Site”), which are incorporated herein by this reference and are available at https://www.annmariegianni.com/terms/ and by participating indicate your agreement to them. All of Annmarie Skin Care’s decisions with respect to the issuance of Rewards (defined below) and interpretation of the Program and these Terms are final and binding.
Eligibility. The Program is open only to individuals who are legal residents and physically located in the fifty (50) states in the United States or the District of Columbia and Canada and who are at least 18 years of age at the time of participation. Employees, officers and directors of Annmarie Skin Care or any of their subsidiaries, affiliates or promotional agencies are not able to participate in the Program.
How the Program Works. To participate in the Program, you may refer up to 3 friends, family members or colleagues; provided, however, you are only permitted to refer individuals you know personally. Participants may refer a maximum of three (3) friends, family members or colleagues throughout the entirety of the Program. Once an individual makes a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows that person to receive the benefit or reward advertised on the Site (the “Reward”). Referred friends (each a “Friend”) must complete the referral as described in the referral message in order for the Referrer to receive a Reward. If any Friend does not complete the referral, for example because the participant provides one or more email addresses that (a) are invalid, (b) are on Company’s email opt-out list, (c) have already been referred by a different participant, or (d) have already been used to claim a free Sample Kit; then the participant will not be permitted to refer additional Friends in lieu of those Friends who have not completed the referral.
Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with Annmarie Skin Care or participate in the Program as “Friends”. Additionally, if multiple Referrers refer the same Friend, only one Referrer can receive the Reward and the Referrer who receives the Reward will depend on the Personal Link that the Friend utilizes when making their qualifying purchase. Decisions regarding any Reward a Referrer is entitled to receive shall be made by Annmarie Skin Care in its sole and absolute discretion. No participant may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not: (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Rewards. By making a valid referral, your Friend will receive the opportunity to opt-in for a free Sample Kit and upon your Friend’s use of their opt-in as part of a qualifying purchase, you will receive value in the amount of $5 that may be used to make purchases in our store. You can earn a maximum of $15 in Rewards value throughout the program. These Rewards may be redeemed for the purchase of Annmarie Skin Care’s products on their site at Annmarie Skin Care’s sole discretion. Restrictions may apply. For example, as the Reward will be issued in the form of a gift card, promotional credit or Code (as defined below), gift certificate or voucher, it is subject to Annmarie Skin Care’s terms and conditions applicable thereto. Rewards are subject to verification. Annmarie Skin Care may delay a Reward for the purposes of investigation and refuse to issue a Reward in the event of fraud or any violation of these Terms. Annmarie Skin Care may also refuse to verify and process any transaction for any reason.
Promotional Codes. From time to time, Annmarie Skin Care may provide customers with promotional codes as the Reward. The following are the terms and conditions (“Code Terms”) applicable to Annmarie Skin Care’s promotional codes (each a “Code”): Codes may not be purchased, have no cash value, and are not redeemable for cash. Any consideration paid by customers in connection with their eligibility to receive Codes is solely related to the underlying products purchased. Codes may be redeemed for purchases of products from Annmarie Skin Care’s online store. We reserve the right to exclude certain products from Code redemption in our sole discretion. Codes cannot be applied to any previous purchase. Codes will expire on the date expressed in connection with the promotion, for example, the Code expiration date may be provided in the email communication in which the applicable Code is delivered to you. Upon expiration, Codes will no longer be available and will not be refunded. If your desired purchase amount is greater than your available Codes, you may pay for the difference using a payment method accepted by Annmarie Skin Care. Codes must be redeemed in full. Codes are non-transferable and may not be resold, auctioned or traded. Codes cannot be combined or trasnferred. Any Codes you receive are considered a limited and revocable right solely for use towards Annmarie Skin Care Store purchases. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Codes. Unless otherwise stated, Codes have no monetary value and may not be redeemed for cash. Program and Codes cannot be combined with any other discount, coupon, sale, promotion or any other offer. Codes may not be used to purchase Sample Kits, Gift Certificates and “Favorites Collection”. Code applies to pre-tax, full-price merchandise only.
Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANNMARIE SKIN CARE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless Annmarie Skin Care as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents, including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to your participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit or Reward in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any participants for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ACKNOWLEDGE THAT: (A) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTEEN DOLLARS ($15.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (B) UNDER NO CIRCUMSTANCES WILL ELIGIBLE INDIVIDUALS BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ELIGIBLE INDIVIDUALS HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTEEN DOLLARS ($15.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ANNMARIE SKIN CARE EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT: (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. Annmarie Skin Care has no obligation to monitor the Program or any communications; however, Annmarie Skin Care may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Released Parties against any liabilities, costs and expenses it incurs as a results of such spam.
Sign-In Credentials. Participants are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Participants agree to notify Annmarie Skin Care immediately if they suspect unauthorized access to their account. Participant agrees that Annmarie Skin Care will not be liable for any loss or damage arising from unauthorized use of their credentials.
Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any participant at any time from participation in the Program if he/she does not comply with any of these Terms. Annmarie Skin Care reserves the right to change or modify these Terms at any time and in our sole discretion. If Annmarie Skin Care makes changes to these Terms, we will provide notice as appropriate, sometimes by updating the date at the top of these Terms. Your continued participation in the Program will confirm your acceptance of the revised Terms. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Program.