Terms and Conditions
Book Club Favorites Referral Program
Simon & Schuster, LLC (“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.
1. Binding Agreement. By using the Site or
participating in the Program, you are bound by these Terms and
Conditions (“Terms”) as well as the Site’s Terms of Use
(https://www.simonandschuster.com/c/terms-of-use)
and indicate your agreement to them. In the event of a conflict between
these Terms and the Site’s Terms of Use, these Terms control. All of the
Company's decisions are final and binding.
2. ARBITRATION NOTICE:Note that the Site’s Terms of Use
contains an arbitration provision, which is incorporated into these
Terms and applies to your participation in the Program. Except for
certain types of disputes described below and in the ARBITRATION section
(https://www.simonandschuster.com/c/terms-of-use#arbitration)
of the Terms of Use,
you and S&S agree that disputes between you and S&S will be
resolved by binding, individual ARBITRATION and you waive your right
to participate in a class action lawsuit or class-wide arbitration.
3. Privacy.The personal information collected,
processed and used as part of the Program will be used in accordance
with our Privacy Policy
(https://www.simonandschuster.com/c/privacy-policy).
The email addresses and other information you provide about other people
will be used to send invitation emails on your behalf. Company or its
Service Provider may also contact you about your participation in the
Program. You also explicitly consent to Company and its Service Provider
sending additional and follow up communications on your behalf to
encourage or remind those you have invited to complete a Qualifying Sign
Up.
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.
7. Rewards.
• 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.
Enter your unique code at checkout to receive 35% off any hardcover title published by Simon & Schuster when purchased at SimonandSchuster.com, plus free shipping with a minimum purchase of $40.00 in the 48 continental U.S. Minimum purchase must be met in a single transaction after any applicable discounts. Taxes, and shipping charges for non-continental U.S. customers, do not qualify toward the minimum purchase requirement. Offer expires at 11:59:59 PM PT on 12/31/2025. Offer valid while supplies last, U.S. only, code may be used once per customer and cannot be combined with another code, discount applies to eligible items in order only. Digital products not eligible. Titles labeled "Distributed by Simon & Schuster" not eligible. No adjustments on previous purchases. Not valid for purchases of more than nineteen (19) copies of a single title. Free shipping not valid on international shipments or to Alaska, Hawaii, U.S. territories, P.O. Boxes, and APO/FPO addresses. Offer is nontransferable and cannot be redeemed for cash or cash equivalent. SimonandSchuster.com reserves the right to modify or cancel this promotion at any time without notice.
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.
14. Right to Cancel, Modify or Terminate.This Program
begins on or about 3/15/2021 and will continue until terminated,
suspended, modified, or converted to another program by Company. Company
reserves the right to cancel, modify or terminate the Program at any
time for any reason. Company may, in its sole and absolute discretion,
cancel, change, suspend, or modify any aspect of the Program and/or any
Reward at any time, including the availability of any Reward, without
notice. We reserve the right to disqualify you at any time from
participation in the Program if you do not comply with any of these
Terms or the Site’s Terms of Use, or we believe you have engaged in
fraud or the violation of law or regulation. Company may, in its sole
and absolute discretion, terminate or suspend your participation in the
Program for breach of these Terms, or for taking any actions that are
inconsistent with the intent of these Terms. Company reserves the right
at its sole discretion to prohibit you from participating in any aspect
of the Program if Company deems or suspects that you have engaged in or
have attempted to engage in any of the following: (a) acting in
violation of these Terms; (b) damaging, tampering with or corrupting the
operation of the Program or Site; (c) acting with intent to annoy,
harass or abuse any other person; (d) any inappropriate, uncooperative,
disruptive, fraudulent, potentially fraudulent, or unusual behavior or
activity; or (e) activity deemed in the sole discretion of Company to be
generally inconsistent with the intended operation of the Program. Any
decision Company makes relating to termination or suspension of your
participation in the Program shall be final and binding in all respects.
Company shall be the sole determiner in cases of suspected abuse, fraud,
or breach of these Terms or intent of these Terms.
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, LLC, 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
athttps://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.