Being eligible for the Program entitles members (“Members”) to take advantage of certain Program rewards (“Program Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by Sponsor in its sole discretion. You can find out about available Program Rewards and offers by checking on Penguin Random House (the “Site”). Sponsor reserves the right to modify these Terms and Conditions at any time, without notice to you, so it is important to check the Terms and Conditions periodically. Participation in the Program and/or redemption of Program Rewards is considered acceptance of these Terms and Conditions and any modified terms included therein. Sponsor may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program and/or any Program Reward at any time, including the availability of any Program Reward, without notice.
ELIGIBILITY: To be eligible for the Program, you must be a legal resident of the fifty (50) United States or District of Columbia (the “Territory”) and over 18 years of age. Employees of Sponsor and their immediate family members living in the same household of Sponsor are not eligible for the Program. You cannot participate in the Program if it would violate your employer’s policies or terms and conditions. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating points for combined use.
ENROLLMENT: To enroll in the Program, you must (i) register on the Site by providing your first name, last name, email, password, birthday, zipcode and reader preference information, and (ii) acknowledge your acceptance of these Terms and Conditions. You are responsible for the accuracy of any information you provide to us and for maintaining the confidentiality of your email and password, as you will be responsible for all activity on the Site via your account, whether authorized or unauthorized.
By registering for the Program, you agree to receive news about books, authors, and more including a monthly e-mail exclusive for Program members that includes recommendations from our staff on what to read next. You also agree to receive emails summarizing your activity in the Program. You may update your contact information by visiting www.penguirandomhouse.com/account/info/.
You can opt-out of receiving general news at any time by clicking “Manage Preferences” at the bottom of any email, and following the prompts on the preference page to unsubscribe. You will continue to receive emails specific to the Program. If you no longer wish to receive emails about the Program, you may opt out of the Program at any time by sending an email to email@example.com to cancel your membership account on the Site.
EARNING POINTS: Once you have become a Member, you can begin earning Program points (“Points”) by purchasing any eligible book published by Penguin Random House from any retailer located within the 50 US states or District of Columbia. “Eligible” is defined as 1. any book on your personalized dashboard on the Site 2. any book that includes the “Earn points on this purchase” flag on the book detail page on the Site (this will only appear if you are logged into your account). If a title is excluded from the Program, there will be a note on the book detail page on the Site that reads “This format is not eligible to earn points towards the Reader Rewards program” or “This title is not eligible for the Reader Rewards program.” For each eligible book you purchase, you will earn 10 points by submitting your proof of purchase through the form found on www.penguinrandomhouse.com/account/rewards/. Proof of purchase will include the book’s ISBN, the purchase date, the retailer, and the order number or store number from your receipt. You can only earn a maximum of 10 points per single ISBN. You may not earn additional points by purchasing multiple copies of the same ISBN. You may not earn points for receipts dated more than 30 days prior to your start date in the Program. Each submission will be reviewed to validate proof of purchase. Sponsor reserves the right to reject any submission in its reasonable discretion if it believes such submission is fraudulent. Penguin Random House reserves the right to contact you for further proof of purchase for any submissions deemed suspect and the proof of purchase must have the ISBN or title clearly printed on it to be deemed eligible. Points will be posted to a Member’s account balance within 3 day(s) of submitting proof of purchase, and will be available for redemption once Member has earned 120 Points. Points shall expire two years from the date of issue. Once a rewards code is issued, Member’s point balance will decrease by 120 points. You can check your point balance at any time by logging into your account management page on the Site. Members can earn a maximum of 720 points per calendar year. Sponsor reserves the right to suspend, terminate, revalue or modify, without liability, or notice to Members, all or part of the Points value structure and offers and any merchandise or service. Sponsor reserves the right to adjudicate all Points discrepancies in its sole discretion, and the Members agree to abide with any such adjudication.
POINTS REDEMPTION: When a Member has earned 120 points, Member will receive a rewards code available both on their dashboard and via email. The rewards code is valid for one time use on the Site to redeem for eligible book(s) published by Penguin Random House up to a thirty dollar ($30) value. “Eligible” is defined as all titles except the book pages marked “This title is not eligible for the Reader Rewards program.” Or “This format is not eligible for redemption with your Reader Rewards code.”
The rewards code is valid for six (6) months from the date it is issued. Total value of book(s) in Member’s cart at the time of redemption may not exceed $30 (excluding tax and shipping) or the rewards code will not work. If total value of book(s) in cart at the time of redemption is less than $30 (excluding tax and shipping), Member forfeits the remaining balance of the rewards code. Program Rewards are available only while supplies last and quantities may be limited. Sponsor may change at any time, and from time to time, the Program Rewards available without notice. Member will not be able to redeem Points for a Program Reward if Member has insufficient Points for such Program Reward. Any items received as a result of a redemption of Points may not be exchanged or returned for cash or credit. Program Rewards will be shipped within 3 weeks of redemption order. If multiple items are redeemed as part of your Program Rewards, items may ship separately. Program Rewards must be shipped to an address in the Territory.
REWARD CONDITIONS: The Program and/or the Program Rewards are void where prohibited by law. If a Program Reward becomes unavailable, Sponsor may substitute a prize of equal or greater value. Program Rewards are not redeemable for cash. Program Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Members may not assign or transfer any Points or Program Rewards. Sponsor makes no warranty in any respect as to any service available within the Program.
MEMBER’S CODE OF CONDUCT: Sponsor believes in full transparency and in full, fair and effective disclosures of material facts relating to Member’s relationship with Sponsor. Sponsor requires that all Members abide by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”). Per the FTC Endorsement Guides, Member should disclose Member’s connection to Sponsor when speaking favorably about or otherwise promoting the Program.
TERMINATION: Sponsor may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Program Reward at any time, including the availability of any Program Reward, without notice. Sponsor may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Terms and Conditions. Sponsor reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Sponsor deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Program or Site; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Program. Any decision Sponsor makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or intent of these Terms and Conditions.
CUSTOMER SERVICE: If you have any questions regarding the Program or are experiencing any issues, please send an email to Sponsor at firstname.lastname@example.org.
INDEPENDENT CONTRACTOR STATUS: Nothing in this Agreement implies any employment or joint venture relationship between Sponsor and Member. As an independent contractor, Member shall not receive nor be entitled to a salary or any other benefits or privileges Sponsor provides to its employees. Sponsor and Member agree that: (i) Member will be treated as an independent contractor with respect to Member’s role under this Agreement for all purposes, including, federal, state, and local tax purposes and for all other purposes and Sponsor will not withhold or pay over on behalf of Member any amounts relating to federal, state or local income taxes, unemployment compensation, workers compensation, social security or other taxes or assessments; (ii) Member will never be asked to perform tasks, duties, or otherwise which will render Member’s services to be that of an employee; (iii) Member will not be provided great detail or strict guidelines about how to participate in Program but will rely on Member’s own expertise; (iv) Member may perform tasks at Member’s own discretion on Member’s own schedule, and Member may elect the hours (if any) during which Member puts effort against the tasks; and (v) Sponsor has no right to exercise any control whatsoever on Member’s daily activities.
CONFIDENTIALITY: Both Sponsor and Member acknowledge that either party may acquire confidential information concerning the other party pursuant to the provisions of this Agreement, and hereby agree that they shall not use any such information for any purpose, except as otherwise expressly permitted hereunder. Member further agrees not to disclose or provide any such information to any third party and to take all necessary measures to prevent any such disclosure.
RELEASE: By participating in the Program, Members release Sponsor, its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Rewards.
INDEMNIFICATION: Members agree to indemnify, defend and hold Sponsor and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Member of any of these Terms and Conditions or any violation by Member of applicable law.
GOVERNING LAW: The laws of the State of New York shall govern these Program Terms and Conditions. Member hereby expressly consents to exclusive jurisdiction and venue in the courts located in New York for all matters arising in connection with these Terms and Conditions or Member’s participation in the Program.
LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, no responsibility or liability is assumed by the Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program and/or Site: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or other communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Site in whole or in part for any reason; traffic congestion on the Internet or Site; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Program.
To the fullest extent permitted by applicable law, you hereby agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Program or any Points or Rewards shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (iii) under no circumstances will you or anyone else be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SPONSOR: Penguin Random House LLC, 1745 Broadway, New York, NY 10019