Yasso Refer-A-Friend Program
Rules and Release
1. Eligibility. This Yasso Refer-A-Friend Program: Rules and Release (the “Rules”) form a legally binding agreement between you (sometimes also “you,” “your,” or a “Purchaser”) and Yasso, Inc. (“Yasso”), effective as of the earlier date you request, provide, or use a Referral (defined below) (the “Effective Date”), and provide the terms on which you may participate in the Yasso Refer-A-Friend Program (the “Program”). The Program begins at 10am EST on May 2, 2022 and ends at 10pm EST on December 31, 2022, unless earlier terminated or extended as provided herein (the “Program Period”). Participation in the Program (the “Participation”) is limited during the ProgramPeriod to individuals who refer their unique code/link (the “Referral”) to another individual who uses the Referral to complete a purchase of any Yasso product(s) (the “Product”) available on www.Yasso.com (the “Website”): (i) totaling at least $50.00 USD or more prior to taxes, fees, and shipping; and (ii) using the Referral at checkout (collectively, a “Qualifying Purchase”). For avoidance of doubt, an individual who provides the Referral and an individual who uses the Referral during the Program Period to complete a Qualifying Purchase shall each be deemed a “Purchaser” for all purposes herein and bound by these Rules. Each Purchaser must be a legal resident of the United States and the District of Columbia, the age of majority as of the Effective Date in his/her/their state of residence, and must fill out the necessary information to receive a Referral or make a Qualifying Purchase, including but not limited to, providing his/her/their legal name, address, state, country, zip code, email (collectively, the “Requested Information”). No purchase or payment of any kind is necessary to receive a Referral. During the Program Period, you may receive a Referral in a variety of ways, including: signing up for Yasso’s email list here, by completing a purchase through the Website, and requesting a Referral here after completing the Requested Information. All Purchasers who agree to these Rules and complete a Qualifying Purchase as provided above will receive a corresponding $20.00 USD discount code to apply towards your next purchase of Product on the Website that is $50.00 USD or more before taxes, fees, and shipping (the “Codes”). Stated another way- if your friend makes a Qualifying Purchase with your Referral, you both get Codes. Codes will be provided as soon as practicable to the email provided with your Referral and/or Qualifying Purchase after Yasso or its Program Entities (defined below) has verified Purchaser’s eligibility pursuant to these Rules. Codes cannot be combined with any other offers, discounts, or promotions. Limit 1 email per Referral. Yasso’s computer will serve as the official time keeping device for this Program.
Employees of Yasso and their advertising and Program agencies, including and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Program, such as Friendbuy, Inc., as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, the “Program Entities”), and each of their immediate families and members of their households are ineligible to participate in this Program. You must have a valid email address. Incomplete, false, or deceptive Referrals or purchases are void. Void where prohibited. Additional restrictions may apply. All hyperlinks are either pasted or embedded herein.
By participating in this Program, Purchaser accepts and agrees to these Rules, the Policies (defined below), and the decisions of Yasso, which shall be final in all matters.
2. Changes and Other Program Terms. Yasso may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Participation, or any other feature of the Program (including assigning any of its obligations under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion by posting any such changes or termination on the Website, any of its social media platforms, revising these Rules or sending out an email to reflect the same. Unless otherwise provided, all Codes issued in 2022 must be redeemed during the Program Period. YOUR CONTINUED USE OF THE WEBSITE OR USE OF REFERRALS FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Yasso reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, any misrepresentation or any conduct detrimental to the interests of Yasso may subject Purchasers to revocation and will affect eligibility for further participation in the Program. Referrals and Codes are non-transferable and purchases/redemption of the Codes must be made by the Purchaser. If your Participation is revoked or otherwise cancelled, any Codes associated with your email will automatically expire.
Odds of receiving the Codes and corresponding quantity of Codes redeemed depend on the number of Qualifying Purchases made during the Program Period. The approximate retail value of each Code is $20.00 USD. Any applicable federal, state and local taxes and liabilities arising from this Program, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of each Purchaser. Each Purchaser shall provide, upon Yasso’s request, all available information that Yasso may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Each Purchaser acknowledges that Yasso will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.
3. Release and Indemnity. To the fullest extent permitted under the law, you hereby release the Program Entities and all social media platforms the Program is advertised on, including but not limited to, Instagram, Twitter, TikTok, Facebook, and YouTube, and each and every one of their officers, directors, shareholders, representatives, consultants, contractors, and employees (collectively with the Program Entities, the “Released Parties”) from any liability, based upon any of the rights referred to herein or otherwise arising in connection with the Program, including, without limitation, claims for defamation, publicity and privacy infringement, and claims arising from any use of the Referrals or Codes, and agree to indemnify and hold harmless the Released Parties from all claims resulting from my breach or alleged breach of these Rules or any of your representations and warranties herein. The Released Parties are not responsible for: (i) lost, late, misdirected, undeliverable or incomplete Referrals or purchases due to system errors or failure, or faulty transmissions or other telecommunications malfunctions; (ii) technical failures of any kinds; (iii) failures of any of the equipment or programming associated with or utilized in the Program; (iv) unauthorized human and/or mechanical intervention in any part of the the Program; (v) technical or human error which may occur in the administration of the Program or the processing of Referrals, Qualifying Purchases, or Codes; or (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Purchaser’s participation in the Program or receipt or use of any Referral, Qualifying Purchase, or Code. If for any reason your Referral or Code is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, your sole remedy is another Referral in the Program. Yasso reserves the right, at any time in its sole discretion, for any or no reason, to cancel, change, and/or reschedule the Program, or to reject or withdraw any Referral or Code from the Program.
4. Waiver of Injunctive Relief. You understand that the Released Parties are relying on these Rules and will incur significant expense in reliance on these Rules, and hereby irrevocably agree that these Rules cannot be terminated, rescinded, or modified, in whole or in part by you. You hereby irrevocably waive any and all right to claim ambiguity in the Program or these Rules, and waive your right to injunctive and other equitable relief in the event of a dispute in connection with these Rules and the subject matter herein.
6. No Association. This Program is in no way sponsored, endorsed or administered by or otherwise associated with Instagram, Facebook, Twitter, TikTok, YouTube or any other third party platform.
7. Applicable Laws; Dispute Resolution. This Program is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Rules shall be governed by the laws of the State of Colorado without regard to any principles of conflict of laws. Should there be a conflict between the laws of the State of Colorado and any other laws, the conflict will be resolved in favor of the laws of the State of Colorado. All disputes arising out of or connected with this Program will be resolved individually, and without resort to class action, exclusively by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association in Boulder, Colorado. The arbitrator shall be an expert in the field of intellectual property law and marketing. All parties shall bear their own expenses, except that parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related claim). The prevailing party may seek an award of its reasonable outside attorneys’ fees and costs incurred. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
8. Financial Incentives Disclosure. The California Consumer Privacy Act of 2018’s (“CCPA”) implementing regulations define a “financial incentive” as a program, benefit or other offering “related to the collection, deletion, or sale of personal information.” Our collection of Purchaser’s personal information (including legal name, address, email, and telephone number) allows Yasso to effectuate the Program. We estimate the value of a Purchaser’s personal information solely for purposes of the CCPA and pursuant to the valuation options mandated by the CCPA regulations, to be reasonably related to the value of the offer or discount presented to you. You may participate in the Program as provided in Section 1 and may opt out pursuant to the Policies.
9. No Waiver. Yasso’s failure to insist on or enforce strict performance of these Rules shall not be construed as Yasso’s waiver of any provision or any right it has to enforce these Rules, nor shall any course of conduct between Yasso and you or any other party be deemed to modify any provision of these Rules.
10. Miscellaneous. This is the complete agreement between the parties, and it supersedes all prior and contemporaneous understandings and communications, both oral and written, with respect to such subject matter. The illegality, invalidity or unenforceability of any provision of these Rules shall in no way affect the validity or enforceability of any of the remainder of such Rules, which shall be enforced to the maximum extent permitted by law. These Rules shall be construed neutrally and not against any party by reason of the drafting or preparation of these Rules.
By participating in the Program, you acknowledge that you have read and understood all of the terms of these Rules and that you are VOLUNTARILY giving up certain legal rights, including, without limitation, your right to sue the Released Parties.