THE POSH PEANUT REFERRAL PROGRAM US TERMS AND CONDITIONS
As of June 3rd, 2021
These terms apply to individuals who are accessing or using the Program both as a referrer and a friend referred to the Merchant's Services and the use of 'User' or 'you' shall be a reference to either or both as the context permits.in the Program where doing so would be prohibited by any applicable law or regulations.
The Posh Peanut Referral Program (the "Program") is offered exclusively by Posh Peanut (also referred to as "we," "our," or "us"). This program is designed to reward our loyal customers, (“you,” “Member,” “Referrer,” “Participant”). By participating in the Referral program agree to be bound by these Posh Peanut Referral Program Terms and Conditions ("Program Rules"), as they may change from time to time.
These Program Rules supersede all previous terms and conditions applicable to the Program. All Program benefits, offers, rewards, and services are subject to availability. Except as otherwise expressly prohibited or limited by applicable laws, Posh Peanut may at any time amend, modify, supplement, or terminate the Program, these Program Rules, the structure for earning referral points, or the ability to obtain referral points. If notice of such action is required by law, it will be provided in accordance with such laws. If the Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. In all matters relating to the administration of the Program, the decisions of Posh Peanut will be final. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other cases beyond our reasonable control.
We reserve the right to cancel or suspend your participation in the Program in any event deemed reasonable by Posh Peanut for reasons including but not limited to stacking, any conduct deemed inappropriate, fraud, abuse of referral program which include but are not limited to posting referral links on any third party websites such as Honey, RetailMeNot, Rakuten, Couponcodes, Couponcabin, Groupon, violation of these Program Rules or any applicable laws, or at our discretion. Your referral link should only be shared with friends and family, on your personal social channels, blog, and other personal platforms owned andoperated by you. Any referral point and active discount codes in the account will become void at the time of cancellation. We may revoke some or all of your referral points/discount code(s) if we determine that you received referral rewards due to an error, through fraud or deception, or in any manner not authorized. Upon termination you will no longer be able to use our services or access Rewards. If when we terminate this agreement you are still in possession of any rewards, referral links or the like kind discount codes which you have yet to redeem we reserve the right to suspend your ability to redeem such discounts, codes or rewards.
Eligibility and Enrollment
To get started in the enrollment process, you will first need to create an account here.
1. Joining the Program
1.1. Enrollment. To use (or continue to use) the Program, you must provide truthful, accurate and complete registration information. If any such information changes, you must immediately update your registration information.
1.2. Accurate Enrollment Information. Posh Peanut has the right to verify the truth and accuracy of any enrollment information at any time. Please be advised that if any information is determined to be misleading, inaccurate or untruthful, Posh Peanut may restrict, deny or terminate your account and/or your access and use of the Offerings;
1.3. Participation. To join the Program, you must be an individual person and of the age of majority in the state/province or jurisdiction where you are resident at the time of participation (Companies and employees of Posh Peanut or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible to earn credit for referrals). Those participating must provide your own computer equipment and internet access at your expense. Participation in the Program is prohibited where void by applicable law or regulation. The Program is only available through PoshPeanut.com/referrals, not any retail outlet. If your account is suspended, terminated, or you cancel your account with Posh Peanut, you are no longer eligible to participate in the Program. Upon cancellation with Posh Peanut, your account will be inactive and you may not make referrals or redeem points earned. You cannot redeem a referral credit for referring yourself. You may only participate in the Program with one account.
1.4 Ineligible Referrals. Unless otherwise noted, the Program is not available for accounts owned by employees of Posh Peanut or its subsidiaries, affiliates or promotional agencies, including immediate family and household members, or individuals who have previously signed up for a subscription account (collectively, “Ineligible Referrals”). In addition, referrals made outside of PoshPeanut.com/referrals and through non-authorized Posh Peanut sales channels are not eligible for the Program. Posh Peanut reserves the right to void any referral and any reward based on the following: (a) ineligibility of any Program participant, (b) fraudulent activation or other unethical conduct, or (c) if Posh Peanut, in its sole discretion, finds that you have violated any of the Program Terms and Conditions.
1.6. USE OF THE PROGRAM. IF YOU HAVE REGISTERED IN YOUR PERSONAL CAPACITY, YOU HEREBY ACKNOWLEDGE THAT SERVICES MADE AVAILABLE BY POSH PEANUT ARE PROVIDED FREE OF CHARGE AND SOLELY FOR THE PURPOSE OF FACILITATING BUSINESS TRANSACTIONS AND YOU AGREE THAT YOU WILL ONLY USE THE PROGRAM SOLELY FOR THE PURPOSE OF FACILITATING BUSINESS TRANSACTIONS FOR COLLECTING REWARDS AND FOR NO OTHER PURPOSE.
Reward and Discount Eligibility and Restrictions
Posh Peanut may terminate your participation in this Program or cancel this Program at any time in our sole discretion. If Posh Peanut terminates your participation in this Program or cancels this Program, all points and/or rewards will be forfeited. For every eligible referred ordervalued at $80, you will receive 1000 redeemable points. 1000 points equates to $10 website credit (valued at 0.01 USD). You can only redeem up to 4000 points at 1 given time. You can use your rewards at $10 increments individually or collect them and use them all at once (up to $40 website credits). Please note that there are order value restrictions for redeeming points (order value restrictions are before tax, shipping and others fees). Please see the table below for details.
Redeemable On Orders Valued(USD) at..
2.1 Reward Redemption. Posh Peanut will only apply the rewards to an eligible Posh Peanutaccount on PoshPeanut.com. Rewards are non-transferable, non-assignable, cannot be redeemed or exchanged for cash, credit, or other merchandise, and can be discontinued at any given time.
2.2. Collecting Rewards. Posh Peanut rewards can be used once per transaction or can be combined. Please note that if you do choose to combine and redeem your rewards, a maximum of 3 rewards can be redeemed at once per transaction. In order for points to be redeemed, your order must meet the minimum order value requirements as seen in the table above. Posh Peanut reserves the right to restrict usage of rewards on certain items including but not limited to sale items, special release or limited release items.
2.3 Reward Issuance Expiration. Rewards expire in 12 months from when they were issued or if your account/program is cancelled. Please note that we may alter program terms and conditions at any time without notice.
2.4 Referee Discount Redemption. Posh Peanut will only apply the discount to an eligible Posh Peanut account on PoshPeanut.com. Discounts are non-transferable, non-assignable, and cannot be redeemed or exchanged for cash, credit, or other merchandise. Discounts are only valid for orders of $80 or more (not including tax, shipping, and other additional fees).
We may terminate your participation in this Program or cancel this Program at any given time at our sole discretion, which would forfeit all earned points/rewards at this time. Failure to comply with any of these Program Terms & Conditions or any fraud or abuse relating to the accrual of rewards under the Program by you or anyone acting on your behalf may result in the immediate termination of your membership in the Program, cancellation of your Program account and/or forfeiture of any outstanding Program rewards. In the event of any fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, Posh Peanut reserves the right to suspend access to your account indefinitely pending investigation.
We reserve the right at any time and in our sole discretion to cease to proceed with all or any part of this Program or to alter, change, modify or assign the terms or content of this Program. If any of the Program Terms & Conditions are changed or amended in any way, we will promptly publish such variation or amendment on our website at PoshPeanut.com/referrals. It is your responsibility to check the Terms & Conditions page of the Program website regularly to determine whether these Terms & Conditions have been modified. If you do not agree to any modification of these Terms & Conditions, you must immediately cease participation in the Program. All previous Program offers will no longer be valid with respect to any Qualified Referrals made after the date of such change. Referral rewards or other payment amounts are subject to change at any time, and such changes will apply to Qualified Referrals made after thedate of such change. Additional restrictions may apply.
In connection with your participation in this Program, you may receive confidential and proprietary information from us, including sensitive customer data, which you agree to keep confidential and not to disclose to any third party except as necessary in connection with your participation in this Program. You also hereby authorize us to release any such information regarding your account to someone referred by you as necessary to enroll such potential customers with us. It is your responsibility to keep the access codes we provided for your account confidential. Posh Peanut, and its affiliates, will not sell your email or any email you provide for your friends (referrals) to any other party.
By participating in this Program, you agree to indemnify and hold harmless Posh Peanut, and their respective affiliates and stockholders from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, reasonable attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in this Program or breach of these Program Terms & Conditions. You further agree to indemnify and hold harmless Posh Peanut atany point for any cancelation or forfeiture deemed appropriate of the referral program or referral account by Posh Peanut in its sole and absolute discretion.
Acceptance and Jurisdiction
By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms & Conditions. These Program Terms & Conditions shall be governed in all respects in accordance with the laws of the State of California without regard to the conflict or choice of law rules thereof. The federal and state courts located in Los Angeles, California, shall have exclusive jurisdiction over any dispute arising hereunder and by participating in this Program you consent to the same.
Warranty Disclaimers; Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUTWARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER CONSTELLATION, ITS PARENT OR ANY OF THEIR AFFILIATES, THROUGH THESE PROGRAM TERMS & CONDITIONS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUTLIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CONSTELLATION, ITS PARENT OR ANY OF THEIR AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS & CONDITIONS OR THIS PROGRAM, EVEN IF CONSTELLATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Additional Terms and Conditions
Tax: You are responsible for any and all tax liabilities associated with your participation in the Program and receipt of rewards.Void Where Prohibited: This Program is void where prohibited by law.Spam, unsolicited commercial email, or any form of illegal means of communication is illegal, prohibited, and will be grounds for termination of your account and participation in this Program. Fraudulent or unethical means of communication such as using bots, fictitious identities, fake emails, or scripts is also prohibited and will result in similar actions by us with respect to terminating your account and participation in the Program. Additional terms, conditions, and other restrictions may apply. See www.poshpeanut.com for details.By participating in this Program, you agree to release and hold harmless us and our stockholders, as the operator of the Program for us and their affiliates and subsidiaries, directors, officers, employees, consultants, and agents, and any other entity associated with marketing this program (collectively, the “Released Parties”) from any and all claims or damages arising out of, or in connection with the Program. You further agree that the Program and credits are provided “AS IS WHERE IS.” 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.