SOPHIE JAMES REFERRAL PROGRAM
TERMS & CONDITIONS
Sophie James LLC (herein also referred to as “Sophie James” “our” “us” or “we”) may, for a limited time, offer our members the exclusive opportunity to receive rewards by referring other individuals to join our club membership through our Referral Program (“Program”). Your participation in the Program (any such participant, “You”) is subject to and constitutes your acceptance of these Terms & Conditions (“T&Cs”). In addition, these T&Cs incorporated by reference, and the Program and your participation therein, are subject to to our other relevant terms and policies, including, without limitation Sophie James’ disclaimers of all warranties, limitations of our liability, and Privacy Policy and other terms or policies we may provide to you from time to time.
ELIGIBILITY.
Eligibility to be a Referrer and Referred Member (defined below) is limited to individuals located within the United States only. Participants (Referrers and Referred Members, as defined herein) must be at least 21 years or older. Additionally, all persons with existing Sophie James wine club memberships referring new club members (each, a “Referrer”) must comply with the below-outlined no Spam laws, and when applicable, be legally permitted to provide the personal information (e.g., name and email address) of each Referred Member (as that term is defined below). The Program cannot be used by corporate entities, businesses or teams.
QUALIFIED REFERRAL.
A “Qualified Referral” is defined as a qualifying Sophie James wine club membership purchase, made on sophiejameswine.com by a person who meets the following criteria: (1) they are referred by an existing, active Sophie James club member/Referrer; (2) they are a first-time Sophie James club member; (3) they arrive to our website by clicking the Program referral link, provided by the Referrer as sent to them by Sophie James; (4) they enter the CODE: “referred by/[Insert Referring Member’s Name Here]” in the Special Code/Club Notes section of the website upon checkout; and (5) they complete the online membership enrollment process and are charged in full for their first wine club shipment, (such person will be known as a “Referred Member“). Referrers are limited to one Qualified Referral for each Referred Member; meaning, additional/repeat purchases made by a single Referred Member are not counted as additional Qualified Referrals. Prospective Referred Members can only accept one referral; you cannot accept a referral from more than one Referrer.
REFERRED MEMBERS.
The “Referred Member” and the Referrer cannot be the same person (for example, by using a different email address). Referred Members will receive a forwarded email from the Referrer with an exclusive link to Join the Sophie James Wine Club in accordance with these T&Cs. If the prospective Referred Member does not already have a current wine club membership with Sophie James, they must complete enrollment in the wine club and be charged in full for their first club shipment.
REFERRAL REWARDS.
We may offer different reward options from time to time, and the specific terms for each promotion will be set forth in the relevant promotional copy. Generally, our Club Members are eligible to earn Referral Rewards as a Referrer (“Referral Rewards”or “Rewards”) when a Referred Member completes a Qualified Referral. We will then automatically apply the Referral Reward to the Referrer’s membership account for the term of the “Reward Period”, or as otherwise stated. The Referred Member will receive an automated discount coupon to their membership account to cover the cost of Ground Shipping charges on their first club shipment. In other cases, rewards may be automatically added to their membership account and may in this case be redeemed the online, by logging into their member account on sophiejameswine.com, then using the Referral Reward on a qualifying purchase within thirty (30) days of receipt of the Referral Reward promotional code.
REWARDS REDEMPTION.
Redemption of Referral Rewards (“Rewards Redemption”) are subject to the following conditions: (1) the Referral Reward must be redeemed according to the terms set for each promotion, subject to availability, within the defined Referral Period; (2) the Referred Member must be logged into their sophiejameswine.com account or contact the Sophie James club team to request Rewards Redemption; and (3) the Rewards Redemption must be spent in a single order (before all fees, including taxes, discounts, returns, chargebacks, fraudulent payments, and/or other third party fees). The minimum total order requirement may vary from time to time, and will be set forth in the promotional copy. We reserve the right to withdraw the applicable Referral Rewards if an order that is part of a Qualified Referral is returned to Sophie James or canceled within thirty (30) days of the date of purchase by the Referred Member. Referral Rewards are awarded after we have verified that a Referred Member has completed a qualifying activity. There will be a reasonable delay between completion of a qualifying activity and when the Referral Rewards is credited to the Referrer or new Referred Member.
REWARDS LIMITATIONS.
Referral Rewards and Rewards (together, “Rewards”) (i) have no cash value, (ii) may not be combined with other offers, discounts, or promotions; (iii) may not be sold, transferred bartered, assigned or pledged to a third party; and/or (iii) may not be applied toward previous purchases or the purchase of gift cards. You have no property rights or other legal interests in any Rewards. You are responsible for any personal tax liability that may be related to Rewards. Rewards expire 30 days after issuance unless stated otherwise. The Rewards promotional code(s) will be sent at Sophie James’ discretion, including up to 72 hours after a purchase by the Referred Member has been completed for Referral Rewards.
NO SPAM.
You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from the Program. You agree that you will only send your Refer-a-Friend referral link to individuals that meet the eligibility requirements for the Program. You will indemnify and hold Sophie James, its directors, officers, employees, shareholders, agents and successors harmless, from and against any claims that may arise from any unlawful forwarding or sharing of the referral link.
RIGHT TO CLOSE ACCOUNTS.
Sophie James reserves the right to close the account(s) of any Referrer and/or Referred Member and to request proper payment if the Referrer and/or Referred Member attempts to use the Program in a questionable manner, breaches any of these T&Cs, or is in violation of any law, statute or governmental regulation. We may, at our sole discretion, temporarily or permanently change, limit, suspend or terminate your use of any Rewards without prior notice. We may do so if you violate any of the above or below-stated T&Cs, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.
RIGHT TO CANCEL PROGRAM OR CHANGE TERMS.
We may change or impose new restrictions that impact the availability of, or your ability to use, the Rewards, cancel the Program or change these T&Cs at any time in our sole discretion, with or without notice. In addition, we may terminate use and availability of Rewards. Any unclaimed Rewards will be forfeited at that time.
TAXES.
Federal, state or local taxes on Referral Rewards, if any, and any other costs, fees or expenses not expressly included as part of Referral Rewards are your sole responsibility. You are responsible for paying applicable taxes, if any, on the value of the Reward(s) we issue to you.
VOID WHERE PROHIBITED.
This Program is void where prohibited by law.
ADDITIONAL TERMS, CONDITIONS, EXCLUSIONS & RESTRICTIONS.
All Rewards are provided “AS IS.” Rewards consist only of the items listed and are non-transferable, with no cash redemption or substitution except at Sophie James’ sole discretion. We are not responsible for your inability or failure to accept, use and/or receive the benefit of any Reward for any reason, including any third-party’s terms and conditions and/or the terms of business or operations pertinent to the redemption of a particular Reward. In order to receive, and/or to use the program Rewards, it is required to maintain an active Sophie James wine club membership. Rewards may be subject to additional expiration dates and terms and restrictions on use, as reflected thereon and/or in the relevant promotional copy. Additional terms, conditions, exclusions, and restrictions may apply to Rewards or your use of Rewards. We reserve the right to make certain Rewards selectively available to certain Members at any time based on activity, geographical location, program participation or other factors determined in our sole discretion. Additionally, Sophie James reserves the right to exclude certain products from the Program.
WARRANTIES.
THERE ARE NO REPRESENTATIONS OR WARRANTIES INCLUDING, BUT NOT LIMITED TO, STATUTORY WARRANTIES AND CONDITIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THIRD PARTIES RIGHTS, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF ONE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.