Terms and Conditions
Please carefully read the following Terms and Conditions (the "Promotion Terms"), because they constitute a binding agreement for individuals seeking to participate in the promotion that we, Two Degrees, Inc., organize and administer (the “Promotion”).
The Promotion is currently effective and will end when we transmit a written notice that the Promotion has ended, such notice to be provided as an email message to the address you provided upon registration, via a “push notification” on the mobile device on which you've installed the App, or otherwise through the App. We reserve the right to end the Promotion at any time, in our sole discretion.
To clarify: once the Promotion has ended as per the timetable above, you will no longer be able to amass Rewards (as explained below).
2. Eligible Participants and Registration
Subject to any applicable law, the Promotion is only open to individuals who are 18 years of age or older. The Promotion and these Promotion Terms are void where prohibited by law. If you are under the age of 18, you may not participate in the Promotion, in any way. An individual may not take advantage of the Promotion more than once.
Employees and board members of Two Degrees, Inc., persons involved in the administration of the Promotion as well as family members (i.e. parents, grandparents, children, grandchildren, siblings, nieces, nephews, and in-law relatives) of any of the above individuals are not eligible to participate in the Promotion.
We reserve the right to verify your identity and eligibility to participate in the Promotion. If we so request, you must promptly provide us additional information necessary to verify your identity and eligibility to participate in the Promotion. If we, in our reasonable discretion, determine that you have violated the Promotion Terms or are not eligible to participate in the Promotion, we may disqualify you and terminate your participation under these Promotion Terms, without prior notice and without any liability to you.
We may, from time to time, set additional or clarifying rules or guidelines regarding the Promotion. We will notify of these rules and guidelines on our website, through in-app notification, or through email message to the address you provided upon registration. Such additional or clarifying rules and guidelines shall be binding.
In order to be eligible to be rewarded for your participation in the Promotion, you must have a Paypal or Venmo account, and perform and complete all of the following steps before the promotion ends:
- Download the App.
- Login to the App using the email address and password you provided when you first registered to the App.
- Go to the “Refer Friends” button, and obtain your unique referral link.
- Invite one or more friends (each is an “Invitee”, other than yourself) to use the App by providing them your referral link and having them do all of the following:
• Download and install the App on their smartphone using the referral link you provided. Your Invitee should click on the referral link and not copy and paste it to their browser; and
• Launch the App, register as a user and sync their contacts.
- Tap the "Redeem" button and complete a survey
If you and your Invitees complete all stages described above, you are eligible to receive a reward of $1 (one US Dollar) per each Invitee that you accrue before the Promotion has ended as per the timetable in section 1 above (a “Reward”). You may only amass Rewards up to a total amount of $100 (one hundred US Dollars) (i.e., up to 100 Invitees). This is the maximum payout.
The information documented in our systems, such as the registrations of Invitees and registration timings, is final and non-contestable. At times, our systems may experience delays in documenting your referrals. Please be patient. Note that you and your Invitees may not use the referral link to download the App multiple times on the same device. Such multiple uses will not count as multiple Rewards.
To redeem your accrued Rewards, you must click the “Redeem” button in the App and complete a questionnaire in which you provide your Invitees’ names and contact information and answer questions about their experience using the App. You may only redeem your Rewards no later than 14 days after the Promotion has ended as per the timetable in section 1 above. Upon the elapse of 14 days after the Promotion has ended as per the timetable in section 1 above, all Rewards that you’ve amassed and have yet to redeem expire, and you will be forever barred from redeeming them thereafter.
If you follow the above instructions for redeeming your Rewards, then once we complete processing your request to redeem, we will remit payment of the Rewards to your PayPal or Venmo Account. We will deduct from the Reward any taxes we deem required under the applicable tax laws, and remit to you the net Reward following such deductions. Rewards are non-transferable and may not be redeemed for cash or any other form of payment.
The Reward may be considered taxable income pursuant to the tax laws applicable you. You are solely responsible for reporting the prize to the relevant taxation authorities, and paying all taxes applicable to the Reward, as required by the applicable tax laws. If we so request, you will promptly complete and submit to us all tax forms, tax certificates or tax authorizations we deem necessary, under the applicable tax laws.
Throughout your participation in the Promotion, you must not interfere with or disrupt the administration of the Promotion, or engage in any action that may manipulate the Promotion or the accrual of Invitees or Participating Invitees
WE MAY EMPLOY MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE ACTIVITIES IN CONNECTION WITH THE PROMOTION. WE MAY DISQUALIFY YOU AND TERMINATE YOUR PARTICIPATION UNDER THESE PROMOTION TERMSWITHOUT PRIOR NOTICE AND WITHOUT LIABILITY TO YOU OR THE TEAM, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT YOU HAVE ENGAGED IN FRAUDULENT OR ABUSIVE ACTIVITIES IN CONNECTION WITH THE PROMOTION.
- When registering to the Promotion,you will be asked to provide information such as your full name, email address, PayPal or Venmo account and phone number (“Participant Information”).
- By inviting contact persons listed in your mobile device’s address book to download the App, you agree and give us your express consent to collect and useyour name and those contact persons’ information. The invitations sent to Invitees will have your name as the inviter, but will not be sent from your email address or phone number.
- We may use and share your personal information for the following purposes only:
- We may, from time to time, change the privacy practices described in this section. We will notify of such changes on our website, through in-app notification, or through email message to the address you provided upon registration.
6. INDEMNITY; DISCLAIMERS OF WARRANTY; LIMITATION OF LIABILITY
You agree to release, indemnify and hold harmless, us and our employees, affiliates, partners, agents, service providers, advisors, consultants and assignees (collectively, “Staff”) to the maximum extent permitted by applicable law, from and against any and all liability, loss, harm, damage, injury (including emotional distress), cost or expense whatsoever arising from or in connection with your participation in the Promotion, your Reward, your breach or alleged breach of the Promotion Terms or any other rules or guidelines applicable to the Promotion, or your alleged violation or infringement of another persons’ rights, including intellectual property rights, privacy and publicity.
WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, WITH RESPECT TO THE PROMOTION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, OR EXPECTED OUTCOME OR EARNINGS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE TO YOUR, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF REWARD OPPORTUNITY AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE PROMOTION, THE INVITATION OR INVITEES, THE USE OF, OR THE INABILITY TO PARTICIPATE IN THE PROMOTION, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APP OR PROMOTION SYSTEMS, OR FROM ANY DELAYED OR INCOMPLETE REGISTRATIONS, OR FROM ANY COMPUTER OR COMMUNICATION MALFUNCTIONS, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSON’S STAFF, OR FROM ANY DENIAL OR DISQUALIFICATION OF YOUR ENTRY OR PARTICIPATION IN THE PROMOTION, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR REGISTRATION. NOTWITHSTANDING THE FOREGOING, WE SHALL NOT BE RELEASED FROM OUR LIABILITY TO REMIT TO YOU PAYMENT OF THE REWARD, IF AND TO THE EXTENT YOU ARE ELIGIBLE UNDER THESE PROMOTION TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE PROMOTION IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
7. Governing Law; Dispute Resolution
These Terms, and any dispute, claim or controversy between you and us regarding the Service or these Terms (a “Dispute”), shall be solely governed by the laws of the State of New York without regard to its conflict of law provisions.
Any and all Disputes shall be resolved through binding arbitration by telephone, online or based solely upon written submissions without in-person appearance. Arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, including any of its procedures applicable to consumer related disputes, except that you may lodge claims in small claims court if your claim qualifies. The Federal Arbitration Act and federal arbitration law apply to these Terms. Judgment on the arbitral award may be entered in any court with competent jurisdiction.
You and we hereby acknowledge, agree and covenant that any Dispute shall only be adjudicated on an individual basis, and not in class, consolidated or representative proceedings. Should a Dispute be adjudicated in court, rather than arbitration, for any reason whatsoever, you and we each expressly and knowingly waive any right to a jury trial.
Notwithstanding anything to the contrary in this section, we may lodge a claim against you: (a) pursuant to the indemnification clause above, in any court adjudicating a third party claim against us; and (b) in connection with the infringement (or alleged infringement) of any of our intellectual property rights, in any court of competent jurisdiction having personal jurisdiction over you.
Except as expressly provided in the provisions herein concerning the Reward, you are not entitled to any form of compensation or consideration for your participation in the Promotion. You are exclusively responsible for all costs and expenses associated with your participation in the Promotion. These Promotion Terms constitute the entire agreement regarding Two Degrees, Promotion. You may not assign or delegate the Promotion Terms or any of your rights and obligations hereunder. Any purported assignment, in contravention of the above will be null and void. The section headings in the Promotion Terms are included for convenience only and shall take no part in the interpretation of these Promotion Terms. The terms "Including" or “such as”, whether capitalized or not, means without limitation. If any provision of the Promotion Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
9. Contact us.
You may contact us with any question or comments you may have regarding the Promotion at firstname.lastname@example.org.