Terms & Conditions
These terms and conditions outline the rules and regulations for the use of Swag's (Swag.com Inc
- DBA as Swag.com, filed in Delaware) Website.
Swag is located at:
345 7th Ave. Suite 501
New York, NY 10001
- To participate in the Program, Referrers should visit https://swag.referralrock.com/v2/1/register and follow the on-screen instructions to register before referring friends or colleagues to the program by entering their contact information in the relevant fields.
- Individuals who receive a referral via a Referrer are “Referrals”. An "Eligible" Referrer who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral” (all terms in quotes to be understood as defined below).
- By participating in the Program, a Referrer represents that he or she has her referral’s prior consent to provide their contact information.
- To be "Eligible," a Referrer must:
- Be a legal resident of the United States of America; and
- Be at least 18 years old.
- A Referrer must register at https://swag.referralrock.com/v2/1/register to make a referral. No previous purchase is required (purchasers and non-purchasers alike are eligible). Once a Referrer refers a Referral, they will be provided with a confirmation email.
- Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Swag.com or participate in the Program using multiple or fake email addresses or identities.
- A “Qualified Referral” means that all the following conditions are met:
- The Referral completed the purchase of at least $500USD at Swag.com in one order. The order of $500 is for product purchases and excludes all shipping, taxes or set-up costs.
- The Referral is a) a legal resident of the United States of America and b) at least 18 years old; and
- Only one Reward can be earned for each Referral, Any additional or subsequent purchases made by a Referral will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.
- Referrer shall receive one (1) reward (each, a “Reward”) in the form and value determined by Swag.com for each verified Qualified Referral generated by Referrer.
- Rewards will be awarded to in the form of a VISA* gift card. Restrictions may apply. Gift cards may be subject to the issuer's terms and conditions.
- All rewards are subject to verification. Swag.com may delay a Reward for the purposes of investigation. Swag.com may refuse to verify and process any transaction Swag.com deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Swag.com, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Swag.com decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.
- Swag.com authorizes you, subject to these terms, to access and use Swag.com’s online platform, the Program, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
- The registered or unregistered logos, product and service names contained in Swag.com online platform or the Program are or may be trademarks of Swag.com. Without Swag.com’s prior written permission, and except as solely enabled by any link as provided by Swag.com, you agree not to display or use in any manner Swag.com’s registered content.
- Defend, indemnify, release and hold harmless Swag.com, and 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, 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 Referrers’ participation in 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 the Program or any Reward); and
- Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
- Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
- Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
- Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
- Claims, demands, and damages in disputes among Referrers or between Referrers and Referrals; or
- Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to Swag.com at the relevant time.
- REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT Swag.com (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) 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 Swag.com WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
- TO THE FULLEST EXTENT POSSIBLE BY LAW, Swag.com (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) 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), SHALL NOT EXCEED $100 USD.
- REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
- Referrers agree not to use the Program to:
- Violate applicable law;
- Infringe the intellectual property rights of Swag.com or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Referrers;
- Impersonate any person or otherwise misrepresent Referrer's identity;
- Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Referrer's use of the Program;
- Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
- Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
- If a Referrer provides a Personal Referral Link to Swag.com to a Reerral by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.
- Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Swag.com sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. Swag.com has a no-tolerance spam policy.
- Swag.com has no obligation to monitor the content provided by Referrers; however, Swag.com may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
- While Swag.com is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including antispam laws, are obligated to indemnify Swag.com and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.
- Swag.com may prohibit a Referrer from participating in the Program or receiving a Reward, in Swag.com;s sole discretion, if Swag.com determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of Swag.com.
- Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
- Referrers may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
- Swag.com reserves the right to disqualify any Referrer and/or cancel any Reward(s) if Swag.com finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
- CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, Swag.com RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
- Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
- Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
- REFERRERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If you have any queries regarding any of our terms, please contact us at firstname.lastname@example.org