Official Rules: Casper Referral Program
Effective Date of Current Policy: September 4, 2019
Casper Sleep Inc. ("Casper" or “We”) offers brand advocates (“Advocates” or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by Casper.
Advocates are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Advocates agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as an Advocate or to participate in the Program in any other manner. Advocates may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Advocates from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by Casper).
No part of the program is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
I. How the Program Works
A. Program Participation, Generally
B. Eligible Advocate
C. Making a Referral
D. Qualified Referrals
E. Earning Rewards
F. Verified Qualified Referrals
G. Transfer and Value of Credit and Rewards
Advocates may participate in the Program made available by Casper in order to refer their Friends to Casper as potential Casper customers. To do this, Advocates must necessarily submit personal information about themselves and their Friends, such as name and e-mail address information, so that Casper can send communications to the Friends on the Advocates’ behalf. The personal information will be collected, processed and used in accordance with Casper's Privacy Statement, which can be found at https://casper.com/privacy. Advocates understand that, in addition to the initial communications to Friends, Casper may also use the personal information to send to Friends additional follow-up communications on behalf of the Advocates in order to encourage or remind the Friends to complete a purchase. However, Casper will not contact Friends unless and until Casper receives explicit permission from the Advocate to do so. The personal information may also be used by Casper to contact Advocates with regards to their participation in the Program and to send to Advocates additional communications from Casper.
III. Content Ownership and Use.
A. Casper’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Advocate and Casper, all Content is the property of the Casper or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Casper’s online platform or the Program is the exclusive property of Casper and is protected by copyright, trademark, and other laws.
B. License to You
D. User-Submitted Content
A. By participating in the Program, Advocates agree to:
B. Casper shall not be liable for:
C. Casper disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond Casper’s control corrupt the administration, security or proper operation of the Program.
D. Casper shall not be liable to any Advocate for failure to supply any Reward 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 quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.
E. Casper reserves the right to cancel or suspend the Program should Casper determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
F. Disclaimer of Warranties
G. Limitation of Liability and Indemnification
A. Participation in the Program or acceptance of a Reward constitutes permission to Casper to use any Advocate's first and last name, company name, Casper profile information, statements, biographical information, city and state address, social media activity and/or public online content for any and all promotional or advertising purposes in connection with the program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where and to the greatest extent permitted by applicable law.
A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Casper reserves the right to cancel, change, or suspend the Program.
B. Prohibited Conduct, Generally
C. Bulk Distribution ("Spam")
D. Fraudulent and Suspicious Behavior
VII. Suggestions and Submissions.
A. Casper appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that Casper does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While Casper values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send Casper Creative Ideas, Casper:
VIII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.
A. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under New York law (without reference to its conflicts of laws principles).
B. Advocates and Casper agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Casper’s online platform or the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within New York County in the state of New York. Advocates covenant not to sue or otherwise bring a claim against Casper in any other forum.
C. Advocates also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Advocates' use of the Program or this agreement:
ADVOCATES ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
ADVOCATES ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
IX. General Terms.
A. These terms constitute the entire agreement between Advocates and Casper concerning Advocates' use of the Program. The failure of Casper to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Casper and Advocates nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.
*Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ®,™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.