Thirty Madison, Inc. (dba Keeps) Refer-a-Friend Program Terms & Conditions


Thirty Madison, Inc, dba Keeps (“Keeps”) may, from time to time, offer our customers and users of our website the opportunity to receive rewards in the form of an entry into a sweepstakes operated by www.keeps.com by referring other real people (“Program”). The Program is enabled through technology provided by Friendbuy, Inc., 7083 Hollywood Blvd. 1st Floor, Los Angeles, CA 90028 (“Platform Provider”). If you choose to participate in the Program, you are subject to Keeps’s website Terms & Conditions and Keep’s Privacy Policy (both available on our website www.keeps.com/legal/privacy) as well as the following additional Referral Program Terms & Conditions:

Definitions:

  • Referrer. A “referrer” is a real person who refers other real people to www.keeps.com. To participate as a Referrer, visit www.keeps.com/referral and follow the instructions to refer others to the website. There is no limit to the amount of people you can refer. For every “Qualified Referral” (defined below), a Referrer may be eligible to enter a Keeps Sweepstakes subject to the applicable Sweepstakes Rules.
  • Referred Customer. A Referred Customer is defined as a real person who visits our website by clicking your Refer-a-Friend Program link embedded into the email, Facebook, SMS or Facebook messenger invitation sent by you. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). A Referred Customer will receive one month of product free after consultation purchase at www.keeps.com..
  • Qualified Referral. A Qualified Referral is defined as a Referred Customer who registers and creates an account at www.keeps.com. You are limited to one sweepstakes entry for each Qualified Referral. Keeps, in its sole discretion, has the right to determine whether or not you have made a Qualified Referral based on your adherence to these Terms & Conditions.
  • Referral Reward. Referral Rewards are earned as the result of Qualified Referrals only. The Referrer shall receive one (1) Referral Reward which is equivalent to one entry into the then-applicable Keeps Sweepstakes at keeps.com for each valid and verified Qualified Referral generated by that Referrer. Referral Rewards may not be used where taxed, restricted or prohibited by law. Referral Rewards are valid for one-time use. Referral Rewards are non-transferable, are not redeemable for cash, and are subject to change without notice.

The Referral Reward is determined by Keeps and is subject to change at Keeps’s sole discretion.

  • Reward Payments. Referral Rewards are entries into a then-applicable Keeps Sweepstakes. No more than 50 Referral Rewards will be awarded per quarterly sweepstakes. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards

Eligibility:

  • Eligibility is limited to real, individual persons only. To be a Referrer, you must be at least 18 years old, and be legally permitted to provide the personal information (e.g., name and email address) of each Referred Customer. Keeps’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation or for any other purpose. Employees of Keeps or their subsidiaries, affiliates, or promotional agencies, including immediate family and household members, are not eligible to participate in the Program. Referrers will receive one (1) Referral Reward for each Qualified Referral.
  • No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Keeps’s Refer-a-Friend program.
  • Right to Close Accounts. Keeps reserves the right to close the account(s) of any Referrer or Referred Customer if the Referrer or Referred Customer attempts to use the Keeps Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
  • Right to Cancel or Change Program or Change Terms. Keeps reserves the right to modify, limit, terminate, discontinue or cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. If we change these Terms & Conditions, we will post the updated version on www.keeps.com. Any unclaimed Referral Rewards will be forfeited at that time.
  • Privacy. The personal information of each Referrer and Referred Customer will be collected, processed, and used in accordance with Company’s Privacy Policy, which can be found at https://www.keeps.com/legal/privacy and Platform Provider’s Privacy Policy, which can be found at http://www.friendbuy.com/privacy. In addition, personal information may be used by Company or Platform Provider, on Company's behalf, to contact any Referrer or Referred Customer with regard to participation in the Program and to receive communications via the Program.

SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN; A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY, RELEASE OF LIABILITY & PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.

BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

SPONSOR: Thirty Madison, Inc. d/b/a Keeps, 29 West 30th Street, 4th Floor, New York, NY 10011.

ELIGIBILITY: To enter the Sweepstakes, you must be a legal U.S. resident who physically resides in the 50 United States (includes DC) and is 18 years of age or older at the time of entry. Employees of Sponsor or its affiliates, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in the Sweepstakes, their respective parent companies, affiliates, subsidiaries, service agencies, independent contractors, and the immediate family (parent, spouse, sibling, child, grandparent, grandchild, regardless of where they reside) and household members of all such employees, are NOT eligible. Sweepstakes is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law.

SWEEPSTAKES PERIOD(s): The Quarter 1 Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”) on September 20, 2019, and ends at 11:59 p.m. ET on December 14th. The Quarter 2 Sweepstakes begins at 12a.m. Eastern Time (“ET”) on December 15th, 2019, and ends at 11:59 p.m. ET on March 14th, 2020. The Quarter 3 Sweepstakes begins at 12 a.m. Eastern Time (“ET”) on March 20th, 2020, and ends at 11:59 p.m. ET on June 15th. The Quarter 4 Sweepstakes begins at 12 a.m. Eastern Time (“ET”) on June 16th, 2020, and ends at 11:59 p.m. ET on September 20, 2020 (each, an “Entry Period” and collectively, the “Entry Periods”).

HOW TO ENTER: Enter the Sweepstakes by participating in our Refer-a-Friend Program (see program terms. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these "Official Rules" and the decisions of THIRTY MADISON, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. To enter the Sweepstakes during any of the Entry Periods, you must be abide by the terms set forth in the Refer-a-Friend Program.

Limit one (1) entry per person during each Entry Period, regardless of method of entry. Entries that are in excess of the stated limits, lost, late, incomplete, illegible, corrupted, mechanically reproduced, falsified, forged, deceptive, mutilated, damaged, altered or otherwise irregular, misdirected entries, otherwise not in compliance with the Official Rules or Thirty Madison’s terms of use found at https://www.keeps.com/legal/privacy, or entries not received for any other reason will be void and disqualified at Sponsor’s sole and absolute discretion.

Entry constitutes entrant’s certification that s/he is the owner of the entry, has received the consent of anyone depicted in the entry, and is able and authorized to submit it. By submitting entry, entrant agrees to indemnify and hold harmless Sponsor, Friendbuy, and their parent companies, subsidiaries, affiliates, sales representatives, agencies, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in this sweepstakes from any and all claims, damages, expenses, costs (including reasonable attorney fees) and liabilities (including settlements), resulting from or relating to entrant’s submission, or any information supplied or represented to Sponsor by entrant. All materials submitted become the property of THIRTY MADISON and will not be returned. If a dispute arises over the identity of an online entrant, Entry will be deemed submitted by the registered THIRTY MADISON account holder associated with the entry. Winners may be required to show proof of identification and eligibility criteria. If a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to THIRTY MADISON's satisfaction, the affected entry will be deemed ineligible. An Entry is "received" when THIRTY MADISON's servers record the Entry information. Proof of sending (such as an automated computer receipt) does not constitute proof of actual receipt for purposes of the Sweepstakes. THIRTY MADISON's database clock will be the official timekeeper for the Sweepstakes. THIRTY MADISON may run multiple campaigns, contests, sweepstakes, or other promotions simultaneously. Entries into one campaign, contest or sweepstakes does not constitute entry into any other.

PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) winner be selected in a random drawing on or about December 15th, 2019 for Q1, March 15th, 2020 for Q2, June 15th, 2020 for Q3 and September 15th, 2020 for Q4. Winner will receive one free year of Keeps credit OR up to $500 max in credit if your plan exceeds the annual amount of $500.

TOTAL ARV of prize to be provided to winner: $500.00 PLEASE NOTE: All taxes on prizes are the sole responsibility of the winner. Where not prohibited, affidavit of eligibility (including SSN), prize acceptance form, tax information, publicity release, and/or mutually acceptable liability releases may be required from winner. Prizes are not transferable and no substitution or cash equivalent is allowed, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute prize of the same approximate retail value if advertised prize becomes unavailable for any reason. If the value of the prize exceeds $500, the winner’s social security number or taxpayer I.D. will be required in order to issue a Form 1099-MISC showing prize ARV as income to winner. Prizes consists only of items specifically listed as part of the prize. All costs and expenses not specified herein relating to the prize are the sole responsibility of the winner.

RANDOM DRAW & ODDS OF WINNING: A random draw will be conducted from all entries on approximately December 15th, 2019 for Q1, March 15th, 2020 for Q2, June 15th, 2020 for Q3 and September 15th, 2020 for Q4. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Entrant selected as the winner will be notified by an email from Thirty Madison within three (3) days of winner selection.

WINNER CONFIRMATION: To be confirmed a winner, the selected entrant must: (1) respond as instructed within three (3) days to the notification; and (2) if requested by Sponsor, winner must execute and return within a specified time an Affidavit of Eligibility, Publicity Release, and Release of Liability (collectively, “Winner’s Documents”), that includes, without limitation, acceptance of the prize, tax information, assignment of rights, and/or mutually acceptable liability releases, as requested by Sponsor, except where prohibited by law. If the selected entrant cannot be confirmed a winner for any reason, or if the Winner’s Documents are not fully completed within the specified time or are returned as undeliverable, s/he may be disqualified and the prize will be forfeited and an alternate winner will be chosen.

PUBLICITY RELEASE: Except where prohibited, acceptance of the prize constitutes the winner's consent that his or her name, likeness, voice and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation, or consent.

ENTRANTS’ AGREEMENT TO ABIDE BY OFFICIAL RULES: By entering, entrant agrees that s/he has read, accepted, and will abide by and be bound by these Official Rules and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation, or the awarding of the prize shall be submitted to Sponsor, whose decision shall be binding and final.

RELEASE OF LIABILITY: By entering, entrant agrees to release and hold harmless Sponsor, Friendbuy, and their dealers and retailers, affiliates, sales representatives, agencies, wholesalers, distributors and promotional and other vendor agencies involved in the Sweepstakes, their respective parent companies, affiliates, subsidiaries, service agencies, independent contractors, and the officers, directors, employees, agents and representatives of any of the above organizations (“Releasees”) from any injury, loss or damage to person, including death, or property due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of the prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes.

LIMITATN OF LIABILITY: Releasees are not responsible for and each entrant releases and holds harmless the Releasees from and against any and all losses, damages, actions, demands, liabilities or claims of whatever nature or kind arising out of, or in connection with a prize or any portion thereof or this Sweepstakes. Without limiting the generality of the foregoing, the Releasees will not be responsible for any typographical or other error in the printed or other related material related of this Sweepstakes, the administration of the Sweepstakes, the selection of entrants, in the announcement of the prize, including erroneous appearance of qualification for the prize, any entries or entrants disqualified for any of the reasons stated in these Official Rules, or any loss, damage or claims caused by, or in any way related to the prize or the Sweepstakes itself.

WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND TO BAN OR DISQUALIFY SUCH PERSON FROM THIS AND FUTURE SWEEPSTAKES.

DISPUTES REGARDING THE IDENTITY OF ENTRANT: Entries will be deemed made by the authorized account holder of the email account submitted at the time of entry. In the event of a dispute, the selected entrant may be required to provide proof that s/he is the authorized holder of the identified account.

CHANGES TO SWEEPSTAKES, OFFICIAL RULES, ETC.: Under no circumstances will more than the stated number of prizes be awarded. Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend this Sweepstakes, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Sweepstakes as contemplated by these Official Rules. If for any reason Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial/territorial or local government law, order or regulation, order of any court or jurisdiction, Sponsor shall have the right, but not the obligation, in its sole and absolute discretion, to award the prize from among all entries received to date.

DISPUTES/CHOICE OF LAW: EACH ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY JUDICIAL PROCEEDING SHALL TAKE PLACE IN A FEDERAL OR STATE COURT IN NEW YORK; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES 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. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND THE SPONSOR IN CONNECTION WITH THIS SWEEPSTAKES SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS OF ANY OTHER JURISDICTION THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF NEW YORK.

RULES GOVERN: The Sweepstakes will be run in accordance with these Official Rules, which shall prevail, govern and control in the event of any inconsistency with any Sweepstakes-related materials. These Official Rules are subject to change from time to time at Sponsor’s discretion, and only the currently posted form will apply.

PRIVACY: Please note that entries may be posted online for viewing by a world-wide audience. As a condition of entering the Sweepstakes, each entrant agrees his or her personally identifiable information submitted as part of an Entry will be used to administer the sweepstakes, select prize winner, and fulfill prize. Information will be treated in accordance with Sponsor’s Privacy Policy available athttps://www.keeps.com/legal/privacy.

WINNERS’ LIST: For the name of the winner, send a self-addressed stamped envelope to: Keeps Referral Sweepstakes Prize Winner, 29 West 30th Street, 4th Floor, New York, NY 10001.