Terms and Conditions
Book Club Favorites Referral Program
Simon & Schuster, Inc. (“we”, “our”, “S&S”, or “Company”) is offering you the opportunity to refer friends to sign up for our newsletter (the “Simon & Schuster Newsletter”) via a Referral Program (“Program”) offered on the web site located at https://share.simonandschuster.com/ (the “Site”). The Program is administered on our behalf by Extole, Inc. as our service provider (“Extole” or “Service Provider”). The Simon & Schuster Newsletter will allow your friends to receive author updates, new book releases, recommended reads, and other email updates from S&S, and they can opt out through their account settings or through the unsubscribe link in any S&S marketing communication at any time.
4. Eligibility. You must be a legal resident of the United States of America and at least 18 years old to participate in the Program. Employees of the Company, Extole or their parent companies, subsidiaries, affiliates or promotional agencies, and members of their immediate families and households, are not eligible to participate. You agree not to send the invitation email to anyone unless they are at least 18 years old. You may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
5. How to Participate as a Referrer. To participate in the Program, visit the Site and follow the on-screen instructions to refer friends, family members, or colleagues (“Friends”). The on-screen instructions will provide information regarding the specific reward that will be offered to your Friends (if any) and the specific reward you will receive for a Qualifying Sign Up (defined below in Section 6) (the “Offer”). By providing a Program link to your Friend on Facebook, Twitter, or LinkedIn, you represent that you know the Friend to whom you are sending the communication, you genuinely believe they would be interested in the Offer, and that, to the extent any consent is necessary, you have consent to send the communication. Once you make a referral by sending an invitation message, you become a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows you to receive the credit, benefit or reward (collectively, “Reward”) advertised in the Offer. You may refer as many Friends as you like, but only a maximum of 25 Friends at one time (i.e., in one sitting), and you will only receive credit for a maximum of 10 Qualifying Sign Ups per calendar year, regardless of how many of your Friends make a Qualifying Sign Up via your Personal Link during that calendar year. Personal Links will be issued only to individuals. Referrers must include their Personal Link in referral communications and their Friends must subscribe to the Simon & Schuster Newsletter via the Referrer’s Personal Link in order for a Referrer to earn credit for a Qualifying Sign Up. Each Referrer will also receive periodic email updates that provide the number of Qualifying Sign Ups for which they have received credit, and the email addresses of Friends to whom a Personal Link was sent. Referrers must respect the spirit of the Program by only referring Friends who are real individuals who meet the requirements of these Terms. Note that anyone who previously opted out of receiving marketing messages from us will not receive a Program email.
6. Qualifying Sign Up. A “Qualifying Sign Up” is the entry of a valid email address by a Friend, opting into Simon & Schuster’s Newsletter.
In addition, to count as a Qualifying Sign Up:
1) The Friend must complete the email sign up using the Referrer’s Personal Link. If a Friend signs up for Simon & Schuster’s Newsletter using any other link or method, the registration will not count as a Qualifying Sign Up and the Referrer will not earn credit for that sign up.;
2) The Friend was not previously subscribed to any S&S newsletter under any email address or alias;
3) The Friend is a legal resident of the United States of America and at least 18 years old; and
4) Only one (1) Qualifying Sign Up can be earned for each Friend. Any additional or subsequent entries made by a Friend will not count as a Qualifying Sign Up.
• For Qualifying Sign Ups: Your referred Friend will receive an offer to opt-in to Simon & Schuster’s Newsletter and, if your referred Friend subscribes using your Personal Link, you will receive a credit towards the Reward(s) described in the Offer.
Rewards are credited to you within 60 days after your Friend makes a Qualifying Sign Up. You can earn credit for a maximum of 10 Qualifying Sign Ups per calendar year (no matter how many invitation communications are sent to Friends or how many Qualified Sign Ups are made through your Personal Link). Company reserves the right to substitute a Reward of equal or greater value at any time in its sole discretion, including, but not limited to, if a Reward is no longer available. Certain rewards may only be available while supplies last. Restrictions and additional Reward terms may apply. For example, if the Reward is in the form of a free eBook download, it may be subject to expiration dates, the fulfillment partner’s terms and conditions, and you may be required to register with the fulfillment partner in order to redeem the Reward. Rewards are subject to verification. No Reward will be issued upon death, termination of Program, or if you are expelled from Program. Rewards will be sent by email to the email address provided upon registration for the Program. S&S is not responsible for Rewards that are not delivered or received. You are responsible for ensuring that you have provided an accurate and valid email address. Unless otherwise stated, Rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be copied, auctioned, traded, bartered or sold. Any other use constitutes fraud. Offer cannot be combined with other offers. Void where prohibited by law.
8. Rewards are subject to verification. Company may delay a Reward for the purposes of investigation. It may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Company's decisions are final and binding, including decisions as to whether a Qualifying Sign Up is verified or a Reward is earned pursuant to these Terms.
9. Restrictions. Referrers must only send legitimate invitation communications to Friends who are real people whom they know. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program by pretending to be their own “Friends.” You may not use the Program in a manner that violates any law, infringes or violates 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, as such conduct will be grounds for immediate termination and disqualification from the Program, forfeiture of any credits or Rewards accrued, cancellation and forfeiture of any Rewards that have been paid and/or deactivation of your Personal Link. 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 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), TO THE FULLEST EXTENT PERMITTED BY LAW, 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, Extole, 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, fulfillment, 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 Reward or benefit 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 you for failure to supply any advertised Reward or 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 $10.
11. Disclaimer of Warranties. THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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 IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
12. Bulk Distribution (“Spam”). Each Referrer is the actual sender of the communications 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. By providing a Personal Link to your Friend on Facebook, Twitter or LinkedIn, 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 outside the intent of the Program 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 they incur as a results of such spam.
13. Sign-In Credentials. You are responsible for providing accurate credentials and maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. You agree to notify the Company immediately if you suspect unauthorized access to your account. You agree that the Company will not be liable for any loss or damage arising from unauthorized use of your credentials.
15. Taxes. Nothing in these Terms implies any employment or joint venture relationship between you and Company. All taxes applicable to any Rewards provided by Company under these Terms will be your responsibility and Company shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation.
16. ARBITRATION; GOVERNING LAW; COMMENCEMENT OF ACTIONS To the extent permitted by the applicable law, these Terms and all claims arising from or related to your use of the Site will be governed by and construed in accordance with the laws of the State of New York, except New York's conflict of law rules. Any dispute you have with S&S should be submitted to S&S’s Legal Department within thirty days of the event giving rise to the dispute. The Legal Department can be contacted via postal mail at Simon & Schuster, Inc., Attn: Legal Dept., 1230 Avenue of the Americas, New York, NY 10020. Please allow thirty (30) days for S&S to address your complaint prior to filing arbitration as set forth below. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded from applying.
Except for disputes relating to the infringement of your or our intellectual property (such as trademarks, trade dress, copyright and patents) or where S&S is seeking a preliminary injunction (“Excluded Disputes”), and to the extent permitted by the applicable law, you agree that all disputes between you and S&S (whether or not such dispute involves a third party) with regard to these Terms or your use of the Site, will be resolved by binding, individual arbitration and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. Neither you nor S&S will participate in a class action or class-wide arbitration for any claims covered by these Terms. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, New York law.
Any such arbitration shall be administered by the JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with its then governing rules and procedures applicable to consumer arbitrations, including the JAMS Streamlined/Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Arbitration Minimum Standards (the “JAMS Rules”). Contact information for JAMS, as well as copies of the JAMS Rules and applicable forms, are available at https://www.jamsadr.com. You and S&S agree that, under JAMS Rule 6(e), any arbitration between us shall be consolidated with any other arbitration(s) submitted to JAMS if and only if the arbitrations involve: (a) the same legal causes of action; (b) common issues of fact and law; and (c) the same counsel. However, class arbitrations are not permitted. Payment of the fees will be determined by the JAMS Rules and fee schedule in place at the time.
Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in New York, NY and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.