CLUBWAKA Referral Program and Kickball Referral Raffle Contest Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") CAREFULLY BEFORE REGISTERING FOR THE CLUBWAKA REFERRAL PROGRAM OFFERED BY CLUBWAKA. THESE LEGALLY BINDING TERMS AND CONDITIONS GOVERN YOUR PARTICIPATION IN THE CLUBWAKA REFERRAL PROGRAM (THE "PROGRAM") AND KICKBALL REFERRAL RAFFLE CONTEST (THE "CONTEST"). BY PARTICIPATING IN THE PROGRAM AND THE CONTEST, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY TO ALL PARTICIPANTS IN THE PROGRAM AND THE CONTEST. IF YOU DO NOT UNCONDITIONALLY AGREE TO THE FOREGOING, DO NOT CONTINUE WITH THE CLUBWAKA REFERRAL PROGRAM OR KICKBALL REFERRAL RAFFLE CONTEST.
- Eligibility: Participants must be: (i) at least twenty one (21) years old and a resident of the United States, and (ii) an existing CLUBWAKA customer. Void where prohibited.
- Registration: Participants will be assigned a unique recruitment code that can be shared via email, social media, or other communication channels. Existing users will earn a coupon that can be applied to a future registration if a new customer enters their recruitment code upon signing up for their first season of play where the first season of play is a Standard CLUBWAKA Kickball or Kickball Flipcup League (other sports/activities, express leagues, and tournaments not included). Additionally, for any valid Kickball League referrals earned between August 1st, 2019 - October 31st, 2019, the referrer will earn an entry into the raffle for a free year of CLUBWAKA which will be paid out in the form of four $80 coupon codes for use on any CLUBWAKA Sports Leagues.
- Referral Incentive For Existing Customers and Discount For First Time Customers: When a qualifying purchase is completed, existing users will earn a $5 referral coupon and new customers will receive a discount of equal value on their first registration. Qualifying purchases are any first time WAKA or CLUBWAKA registrations for a standard CLUBWAKA Kickball League (other sports/activities, express leagues, and tournaments not included) from a new customer (that does not result in a refund) where the new customer has entered the existing user’s recruitment code in the “coupons and credits” field within the checkout process. Regional events and vacations are also not eligible for CLUBWAKA Referral Program discounts. Referral coupons will not be awarded in the case that the new customer does not enter the recruitment code on the "payment options" page. CLUBWAKA will not be liable for any such failure and referral coupons will not be awarded retroactively. New players may only apply one recruitment code to their first qualifying order. In the case that a qualifying purchase is refunded or canceled, CLUBWAKA has the right to cancel any coupon codes earned as a result of the original purchase regardless of the reason for the refund or cancellation.
- Coupon Code Value: All valid referrals will result in a $5 discount on the referred players first league registration, as well as a $5 credit that will be sent to the referring player for use on future league or event registrations.
- Expiration Date: Referral credits earned by existing customers through the CLUBWAKA Referral Program will be automatically added to a listing on the user’s referrals tab and can be manually applied to future orders for league or event registrations. These referral credits expire 6 months from the date that they were earned.
- Referral Coupon Redemption: Referral coupons earned through the referral program will be listed on under the referrals tab at CLUBWAKA.com (to find the referral tab, login to your account at CLUBWAKA.com and click on "My Account" in the menu). Referral coupons can be used for any league registrations but not towards merchandise or store items.
- Representations and Warranties: You hereby represent and warrant that: (i) you will comply with applicable laws or regulations (including without limitation anti-spam laws) in connection with your participation in the Program and the Contest and you will not use your user account or the Program or The Contest for any illegal or unauthorized purpose; and (ii) you will not misrepresent your relationship with CLUBWAKA to any third party and you will not make any warranty or representation on behalf of CLUBWAKA (including with respect to the pricing of CLUBWAKA products). You agree that CLUBWAKA will have no liability for your breach of the foregoing and you will indemnify and hold CLUBWAKA harmless from any damages arising or resulting therefrom. EXCEPT FOR THE FOREGOING, NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR THE CONTEST, INCLUDING, WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY OR NON-INFRINGEMENT.
- Limitation on Liability: CLUBWAKA is not responsible for incorrect or inaccurate transcription of information, computer errors, network issues, human errors or any other technical or non-technical errors or malfunctions. YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE OR RECKLESSNESS, WILL CLUBWAKA OR ANY OF ITS AFFILIATED COMPANIES AND THEIR MEMBERS, SHAREHOLDERS, OFFICERS, MANAGERS, DIRECTORS, OWNERS, SUCCESSORS, ASSIGNS, AGENTS, EMPLOYEES OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE PROGRAM OR THE CONTEST EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWABLE UNDER LAW, CLUBWAKA’S LIABILITY UNDER THIS PROGRAM WILL BE LIMITED SOLELY TO THE VALUE OF THE COUPON THAT YOU WOULD HAVE OTHERWISE RECEIVED OR $100 IN INSTANCES WHERE COUPON IS NOT APPROPRIATE OR PRACTICAL.
- Modifications to the Terms: CLUBWAKA may, at its sole discretion, modify or replace any of these Terms and Conditions, or change, suspend or discontinue the program or the contest (including without limitation the payment of Referral coupons) at any time. Please refer back to this page for updates. CLUBWAKA may also impose limits on your participation in the Program or the Contest without notice or liability. It is your responsibility to check these Terms and Conditions, which are available at http://www.clubwaka.com/referral/terms, periodically for changes. Your continued use of the Program or the contest following the posting of any changes constitutes acceptance of those changes.
- Miscellaneous: For all purposes of this program, each party shall be and act as an independent contractor and not as partner, joint venturer, or agent of the other and shall not bind, nor attempt to bind, the other to any contract. You will not have any right or ability to assign, transfer, or sublicense any obligations or benefit under this program without the written consent of CLUBWAKA (and any such attempt shall be void). CLUBWAKA may assign and transfer this program and its rights and obligations hereunder freely without consent. The parties agree that this program shall be governed by the laws of the State of Delaware without regard to the conflict of the laws provisions thereof. The parties further agree that if any portion of this program is illegal or unenforceable, such portion(s) shall be limited or excluded from this program to the minimum extent required and the balance of this program shall remain in full force and effect and enforceable. Except as expressly set forth herein, this program contains the entire understanding of the parties regarding its subject matter and can only be modified or waived by a subsequent written agreement signed by both parties.
- Intended Use: The intended use for this program is for customers to share with their friends and acquaintances. Sharing of recruitment codes on deal and discount sharing sites is not permitted and could result in the cancellation of your recruitment code and removal from the CLUBWAKA Referral Program. CLUBWAKA coupons have no cash value. CLUBWAKA has the right to rescind coupons earned and/or exclude customers from participation in the program or the contest if the customer engages in behavior that is not in line with the intended use of the program or the contest, commits fraud, or breaks the terms and conditions. The participants are responsible for any taxes that may result from this program.