|Terms and Conditions|
Color&Co Refer A Friend Program
1. Program Overview. The Program is designed to reward Color&Co customers for referring new customers to purchase qualifying Color&Co products from the Color&Co website (“Site”) (www.colorandco.com). Participation in the Program and the benefits that are offered to Program participants is at the sole discretion of Color&Co, and Color&Co has the right to change the Terms and Conditions, in whole or in part, at any time with or without notice to participants.
2. Eligibility. Participants must be (i) a legal resident of the fifty (50) United States and District of Columbia (excluding Puerto Rico) , (ii) 18 years or older and (iii) a current user of one or more Color&Co products and/or services: Personalized Colorbox. To be a referrer (“you”, “your” or “Referrer”) and to participate in the Program, you must also have a valid email address. All of Color&Co’s decisions are final and binding with respect to the Program.
3. Duration of Program; Right to Cancel, Modify or Terminate. The Program will begin on November 1, 2019 at 12:00:01 a.m. Eastern Time (“ET”), and will end at 11:59:59 p.m. ET on December 31, 2020 (the “Program Period”). We reserve the right to shorten, extend, suspend, cancel or modify the Program at any time for any reason. We reserve the right to disqualify you or any Referred Friend from participation in the Program if you or he/she does not comply with any of these Terms.
4. Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with our Privacy Statement at www.colorandco.com.
5. Referral Process. During the Program Period, eligible Referrers must visit the Site and follow the on-screen instructions to refer friends, family members or colleagues (each, a “Referred Friend” and collectively, the “Referred Friends”). The Site will allow you to send a referral message (“Referral Message”) to Referred Friends via the following two methods: (1) e-mail, and (2) a post on your Facebook wall. The Referral Message will contain a unique referral link (“Personal Link”). After you send a Referral Message, you will also be provided with a unique URL (also a “Personal Link”) that you can share with Referred Friends.
6. Referred Friend Discount. During the Program Period, the Referred Friend must utilize the Personal Link to register for a Color&Co account and purchase a Color&Co Personalized Colorbox. An offer of ten dollars ($10.00) (“Discount”) will be made available to the user in their cart offer wallet. User needs to select this offer wallet Discount in cart before checkout. The Discount will be deducted from the price of the Personalized Colorbox Product (and not from shipping, taxes, additional purchases or any other charges). If a Referred Friend attempts to purchase a colorbox via any method other than the Personal Link, the Referred Friend will not receive the Discount. Only one Discount is permitted per person per e-mail address for the duration of the Program Period. Discounts may not be redeemed for cash. Discounts are not transferable and may not be auctioned, traded, bartered or sold.
7. Referrer Reward. When a Referred Friend receives the Discount (by purchasing a colorbox utilizing the Personal Link), Referrer will be sent an email notifying them of their reward eligibility with an opportunity to receive one (1) free hair care product (the “Reward”) with a maximum total Reward value of twenty dollars ($20.00). The Reward will be available in the Referrer’s cart offer wallet. In order to redeem the Reward, during the Program Period, visit www.colorandco.com and add the hair care item you want to purchase to the cart, then select the Reward from the cart offer wallet in the top section of the cart before proceeding to checkout. Only one Reward may be used per shopping. Rewards may not be redeemed for cash. Rewards are unique to the Referrer and are not transferable and may not be auctioned, traded, bartered or sold, and do not give rise to any property or other interest whatsoever. Reward offer may be time-limited or available only in limited quantities. Rewards can be canceled and changed at any time in our sole discretion.
8. Program Guidelines on Endorsements and Testimonials. As part of your participation in the Program, you agree and acknowledge that you are responsible for making truthful and accurate statements about Color&Co’s products in connection with any Referral Messages. You must be honest and accurate. Please be aware that per the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, you can be held liable for false or misleading statements made in connection with your endorsement or testimonial about Color&Co products or services. You must disclose your relationship with Color&Co at the outset of any referral communication. This means you must disclose that you will receive a benefit for referring your Referred Friend at the beginning of the conversation with any potential Referred Friend. The disclosure can be as simple as, “I am a Color&Co user and this is my personal opinion.” Be sure to clearly and conspicuously make this disclosure. Disclose the fact that you may receive a Reward for a successful purchase of a Product via your Referral ink. By agreeing to these Terms and Conditions, you are agreeing to abide by these Program Guidelines on Endorsements and Testimonials (“Guidelines”). Failure to abide by these Guidelines can result in immediate termination of your Program participation and forfeiture of any and all Rewards.
9. Program Restrictions. Referrers cannot refer themselves. No user 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, (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program or (iv) or participate in fraudulent or abusive activities in relation to the accrual of Discounts or Rewards. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. 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 THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, SessionM, 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 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, Reward or Discount 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 users 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 POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW LIMITATIONS OF LIABILITY OR DAMAGES IN WHICH CASE (OR IF YOU LIVE IN THOSE STATES), THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
11. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY 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. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW FOR DISCLAIMERS OF WARRANTIES IN WHICH CASE (OR IF YOU LIVE IN THOSE STATES), THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
12. 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. The Company has no obligation to monitor the Program or any communications; however, the Company 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.
13. Sign-In Credentials. Users 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. User is responsible for creating a complex password to protect your account information and to ensure that you do not share your password with others. Participants agree to notify the Company immediately if they suspect unauthorized access to their account. Participants agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
14. Communication. You and Referred Friends will periodically receive emails from Color&Co. You may opt-out of the marketing emails at any time, but operational emails will still be sent to you and Referred Friends as they relate to your participation in Program.
15. Disputes/Errors/Questions. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, must be submitted in writing within 90 days of the qualifying transaction, to Color&Co at: https://shop.colorandco.com/contact-us. Any such disputes shall be resolved by Color&Co at its sole discretion. All interpretations of Terms and Conditions shall be at the sole discretion of Color&Co.
16. General Program Conditions and Exclusions:
A. By enrolling in Program, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, or other feature available on or through Color&Co, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, profane, infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, any other right of any party or which otherwise violates Color&Co Site Terms and Conditions or any Other Agreement.
B. Neither Color&Co nor Administrator is responsible for any incorrect or inaccurate information supplied by Members while participating in the Program.
17. Choice of Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflicts of law rules. If any provision of these Terms and Conditions are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The failure by Color&Co to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. These Terms and Conditions constitutes the entire agreement between you and Color&Co with respect to the Program.
18. Arbitration. By participating in this Program, you agree that Color&Co at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms and Conditions or the Program shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract.