Kenyon Rewards Program Terms & Conditions

Kenyon Rewards Program TERMS AND CONDITIONS

St. Martin’s Press (“Sponsor”) has organized and is offering, in its sole discretion, the Kenyon Rewards Program (the “Program”). The Program allows people who register for the Program (“Members”) to earn points (“Points”) in connection with Program-related activities and to redeem Points for goods, services and offers (“Rewards”), as governed by these Terms and Conditions.

Please read these Kenyon Rewards Program Terms and Conditions (“Terms and Conditions”) carefully before using this website and participating in the Program.  The Program and use of this website (the “Program Website”) are subject to these Terms and Conditions, as they may be amended from time to time, and the Terms of Use posted on the Program Website posted at http://us.macmillan.com/terms-of-use (“Terms of Use”) and Sponsor’s Privacy Notice posted at http://us.macmillan.com/splash/policy.html (“Privacy Notice”).  In addition, Sponsor may from time to time provide additional terms and conditions relating to specific activities or functionality made available on the Program Website (such as, for example, sweepstakes), which additional terms and conditions are incorporated herein by reference.

By using the Program Website, establishing a Program account (a “Program Account”), logging on to a Program Account, redeeming Points and/or otherwise participating in the Program, you confirm your acceptance of these Terms and Conditions, the Terms of Use and the Privacy Notice.

Subject to applicable law, Sponsor has the right, at any time and in its discretion, to modify any element of these Terms and Conditions, the Terms of Use, the Privacy Notice and/or any other rules governing the Program.  Such modifications will govern the Program, the use of the Program Website and other Program-related activity on and after the effective date of such modifications. Continuously updated Terms and Conditions, Terms of Use, Privacy Notice and/or other rules governing the Program may be accessed at the Program Website.

ELIGIBILITY.  Only individual persons who are at least eighteen (18) years of age and the legal age of majority in their place of residence, reside in the United States or Canada (excluding Quebec) and have a valid email address, access to the internet and a valid mailing address in the United States or Canada are eligible to participate in the Program. Employees of Sponsor are not eligible to participate in the Program.

 

Periodically, Sponsor may send promotional and other Program-related messages to the e-mail address provided at the time of registration. By registering for the Program, you consent to receiving these messages.

EARNING POINTS.  Members may earn a certain number of Points for particular activities as Sponsor may determine from time to time, as those Point-earning activities are fully described on the Program Website. Members can only earn the maximum amount of monthly points as fully described on the Program.

Only Members properly registered for the Program may accrue and redeem Points. A Member may only accrue Points in his or her own Program Account and only with respect to activities undertaken after the Program Account is established.

Point accrual opportunities, the quantity of Points available in connection with any activity and the value of Points are determined by Sponsor in its discretion, are subject to change without notice and may vary among activities and promotions.  Points cannot be earned by a Member after the Program is terminated or the Member’s participation in the Program has been terminated.

Sponsor is not liable for any delay, whether within or outside of its control, in posting Points to a Program Account.   Any inquiries regarding Points not correctly reflected must be received by Sponsor within 30 days of the date of alleged accrual of Points or the Sponsor in its discretion may consider the Points as reflected in Sponsor’s records to be correct.

Sponsor is the final authority on accrual and crediting of Points and reserves the right to deny or revoke Points at any time if Sponsor determines that they were improperly or mistakenly obtained, accrued or credited. Points cannot be transferred, assigned, pledged, redeemed for cash and/or sold to any other person and/or Program Account for any reason. Any Points acquired in violation of these Terms and Conditions are void. Points have no value outside of this Program. Accrual and redemption of Points are void where prohibited by applicable laws or regulations and are subject to change as may be necessary to comply with such laws or regulations.  All Points are subject to verification at any time for any reason.  Sponsor reserves the right, in its discretion, to invalidate any Points it deems to have been earned or awarded in error, or as the result of any fraudulent activity, or any activity not in keeping with the letter and/or spirit of these Terms and Conditions. Any Points that cannot be verified to the complete satisfaction of Sponsor are subject to disqualification.

POINTS EXPIRATION.  Points automatically expire, unless prohibited by law, on the earlier of (a) the date of termination or cancellation of the Member’s Program Account,  (b) the date of termination of the Program (as explained below); OR (c) on a date set by Sponsor no sooner than April 1, 2015 in a notice to Members of at least thirty days.  Points do not constitute the property of any Member.

PROGRAM TERMINATION.  The Program begins on September 2, 2014 and is scheduled to terminate on April 1, 2015 at 11:59:59 p.m. EST.  The Program may, in the sole and absolute discretion of Sponsor, be extended and the Member’s previously accumulated Points will automatically be maintained until the new Program termination date, unless Sponsor gives notice by e-mail or regular mail to the Members of at least thirty (30) days that the Program will terminate or the Points will expire; in any such case, all Points collected by Members will be redeemable for a minimum of thirty (30) days at which time, any remaining unredeemed Points will expire and be forfeited.

INACTIVE PRGRAM ACCOUNTS.  Subject to applicable law, Program Accounts to which no Points are credited or from which no Points are redeemed during any consecutive 12 month period may be terminated by Sponsor without notice and, upon such termination, will no longer be eligible to accrue Points. Upon such termination, any Points remaining in such Program Accounts will be forfeited.

 

POINT REDEMPTION; REWARDS.  From time to time, as Sponsor may determine in its discretion, Sponsor will provide Members with the opportunity to redeem Points for Rewards.  Points may only be redeemed by the Member to whose Program Account the Points were posted.  To redeem Points for a Reward, the Member’s Program Account must have (at a minimum) the specified number of Points associated with the applicable Reward. Unless otherwise expressly specified by Sponsor on the Program Website, each Member is permitted to redeem Points for a particular Reward one time (i.e., the Member cannot redeem accumulated Points for two or more of the same Reward).

 

To the extent permitted by the applicable law, all Rewards are provided “AS IS.”  Sponsor makes no warranties or representations, express or implied, with respect to the Program, the descriptions of Rewards offered, or any Reward or other benefit, product or service that may be offered through the Program, including, but not limited to, any implied warranty of merchantability or fitness for intended use or a particular purpose or any warranty arising by statute or otherwise in law or from a course of dealing, performance or usage.

Sponsor attempts to be as accurate as possible with respect to the descriptions on the Program Website of Rewards offered via the Program. However, Sponsor does not warrant that the product descriptions or other content of the Program Website are accurate, complete, reliable, current, or error-free. The colors you see on the Program Website will depend on your monitor and Sponsor cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes, and number of Points required to redeem Rewards described or depicted on the Program Website are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. Sponsor reserves the right at any time without prior notice to correct any typographical errors or other errors with respect to any content on the Program Website including descriptions on the Program Website of Rewards offered via the Program.

Sponsor will not be responsible for any delay in processing, shipping or delivering any Reward.  The method of shipping and all other means by which Rewards will be provided to Members will be determined by Sponsor in its discretion.  Certain Rewards will be provided by e-mail.  Rewards that involve physical goods to be delivered to the Member will be shipped to the address on record in the Member’s Program Account.  Sponsor is not responsible if a Member is not able to receive a Reward delivery at the Member’s address.  Please be sure to keep your address information up to date with Sponsor.  Sponsor is not responsible for any failure by a Member to provide Sponsor with up-to-date address information or for any inaccurate address information provided by a Member (including, without limitation, address information provided by the Member to Sponsor’s call center).  If a Reward is confirmed by the carrier as delivered to the address contained in Sponsor’s records, Sponsor will have no obligation to re-ship the item or a substitute item to any other address.  Certain Rewards cannot be shipped to post office boxes and Sponsor reserves the right to require a street delivery address with respect to such Rewards.

Certain Rewards may be provided and/or fulfilled by third parties. Sponsor may be required to provide the Reward recipient’s name, address, telephone number and/or e-mail address to merchants, shipping services and other third parties in connection with the provision of Rewards. By participating in the Program, you consent to the same.

No substitution, cash redemption or transfer of the right to receive a Reward is permitted. Rewards shall not be resold.

Members are solely responsible for any taxes, including sales tax and/or income tax, associated with accrual or use of Points or otherwise arising out of participation in the Program, unless otherwise expressly stated in writing by Sponsor in advance of a transaction hereunder. Please consult with a tax professional for income tax advice relating to participation in the Program and/or receipt of a Reward.

REWARDS NOT RECEIVED; RETURNS.  If you do not receive a Reward for which you redeemed Points, or if you receive a Reward in a damaged or defective condition or if a Reward that is provided to you is not the Reward you ordered and you wish to return or exchange the Reward, you must notify Sponsor of the same within thirty (30) days of the date you received the Reward, by:

  •  (i) sending an e-mail message to officialsanctuary@stmartins.com with the details of your inquiry and your name, Program Account number, address, telephone number and e-mail address; or
  • (ii) sending a written notification to Sponsor, including the details of your inquiry and your name, Program Account number, address, telephone number and e-mail address, at St. Martin’s Press Marketing Department, 16th Floor, 175 Fifth Avenue, New York, NY 10010.

Sponsor will not be obligated to accept any returns other than in connection with Rewards that are received by a Member in damaged or defective condition or if Sponsor delivers the wrong Reward to a Member.  You will be required to return the item to Sponsor in accordance with such procedures as Sponsor may require. Without limitation of the foregoing, items must be returned unopened (unless the item was received in a defective or damaged condition) and in their original packaging, with all accessories. Sponsor will not exchange or restore Points in connection with defective or damaged items that are returned without their original packaging.

TERMINATION OF OR CHANGES TO PROGRAM.  Subject to applicable law, Sponsor reserves the right to terminate or suspend the Program and/or to modify these Terms and Conditions, the Terms of Use, Privacy Notice and/or any other rules governing the Program, including those relating to the accrual and redemption of Points, at any time.  Sponsor will use reasonable efforts to provide advance notice of termination or modification of these Terms and Conditions to Members in the manner Sponsor deems reasonable, including but not limited to, posting such notice on the Program Website or via email, to the extent practicable, but Sponsor does not guarantee that it will, and is not obligated to, provide advance notice of termination or modification, unless required by applicable law. In the case of a modification to these Terms and Conditions, your continued participation in the Program following any such notice will constitute your express consent to any amendments to these Terms and Conditions, or any other aspect of the Program. Should you not agree to such an amendment, you may cancel your participation in the Program.  The accumulation of Points in conjunction with the Program does not entitle any Member to any vested rights with respect to such Points.  If a Member’s permission to participate in the Program is terminated by Sponsor for any reason, the agreement formed by the Member’s acceptance of these Terms and Conditions will nevertheless continue to apply and be binding upon the Member in respect of the Member’s prior use of the Program and anything relating to or arising from such use.

COMPLIANCE WITH TERMS & CONDITIONS.  Sponsor reserves the right to prohibit or disqualify any person from participation in the Program, close the Member’s Program Account and/or rescind any Points previously granted to the Member, without limitation of any of Sponsor’s other legal or equitable rights or remedies, if, in its discretion, Sponsor determines that such person has violated these Terms and Conditions, the Terms of Use, Privacy Notice and/or any other rules governing the Program, has attempted or intends to interfere or tamper with the proper operation of the Program, has engaged in fraud, abuse or suspicious activity or has engaged in any other conduct that Sponsor in its discretion deems to be detrimental to the operation of the Program.  Sponsor has the right to monitor all activities relating to participation in the Program, including by auditing Program Accounts without further Member consent for the purpose of monitoring and enforcing compliance with the Terms and Conditions.

RELEASE; ASSUMPTION OF RISK; DISCLAIMER OF LIABILITY.  By participating in the Program, you release Sponsor from all claims and liability of any kind regarding the Program, your participation in the Program or the receipt or use of any Reward, including without limitation claims or liability relating to personal injury, property damage or loss or death. Without limitation of the foregoing, Sponsor will not be liable to you, or anyone claiming through you, for any delay in or failure of delivery of goods or services or any damage to any Reward or item during shipping, whether by Sponsor or by a third party, or for any loss, damage or injury of any kind arising out of the Program, any Reward or any act or omission of Sponsor, any merchant or any other third party in connection with the Program or any Reward.

You expressly agree that participation in the Program, redemption of Points in the Program and the acceptance and use of Rewards is at your own risk. You assume all risks of loss, injury or damage of any kind and death in connection with the participation in the Program and the acceptance or use of any Reward.

You agree that Sponsor, its parent companies, subsidiaries and affiliates, the successors, assigns and agents of each of the foregoing, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”) are not responsible, and will have no liability, for (a) incorrect or inaccurate capture of, damage to, unauthorized or improper access to or loss of information in connection with the Program or any transaction related thereto (including, without limitation, any information contained in any Member Account or relating to any Points redemption transaction), (b) any human or technical errors or delays of any kind relating to the Program Website, communications or attempted communications with any Member or other person, the ordering or provision of any Reward or otherwise in connection with the administration of the Program, (c) any Reward, including without limitation any defect or failure in the design or functioning of any Reward, (d) any Act of God, act of terrorism, civil disturbances, work stoppage or any other natural or manmade disaster that may affect the Program, the Program Website, communications or attempted communications with any Member or any Reward transaction, (e) unavailability of, or any delay in delivery of, any Reward or (f) damage to any computer, mobile device, computer system or other equipment resulting from participation in or accessing or downloading information in connection with the Program.

LIMITATION OF LIABILITY.  NONE OF THE RELEASED PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE PROGRAM, THE PROGRAM WEBSITE OR ANY REWARD, IN EACH CASE WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER THEORY.  IN NO EVENT WILL SPONSOR’S AGGREGATE LIABILITY TO ANY MEMBER OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION THE PROGRAM WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, EXCEED ONE HUNDRED DOLLARS ($100).  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

PRIVACY. You understand and agree that Sponsor may and will collect and use personally identifiable information about you in connection with the Program. Sponsor will have the right to track your activity on the Program Website and use such information internally for business purposes. By establishing a Program Account, logging on to the Program Account, redeeming Points and/or otherwise participating in the Program, you are expressly agreeing to the collection, disclosure and use of such information as described in these Terms and Conditions and as otherwise permitted pursuant to the Privacy Notice http://us.macmillan.com/splash/policy.html.

Only the Member in whose name a Program Account is registered is entitled to access that Program Account. However, Sponsor complies with court orders and subpoenas and cooperates with investigations by state, provincial/territorial and federal agencies. If requested by such authorities, Program Account information may be shared with others with or without the knowledge or consent of the Member who name appears on the Program Account.

MISCELLANEOUS.

All decisions regarding the operation of the Program will be made by Sponsor in its sole discretion.

By participating in the Program, you affirm that you are fully able and competent to comply with these Terms and Conditions.

These Terms and Conditions constitute the entire agreement between Member and Sponsor relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between Member and Sponsor with respect to such subject matter, except for the Terms of Use and Privacy Notice which are incorporated by reference. Headings in these Terms and Conditions are inserted for convenience only and in no way alter, amend, modify, limit or restrict the terms of participation in the Program or obligations of Members under these Terms and Conditions. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions may not be changed, waived or modified except by Sponsor as provided herein or otherwise by written instrument signed by Sponsor.

DISPUTES.   To the extent permitted by the applicable law, by establishing a Member Account or otherwise participating in the Program or using the Program Website, you irrevocably agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Program, the Program Website, any Reward or these Terms and Conditions shall be governed by the internal laws of the State of New York without reference to conflicts of laws, (b) any and all disputes, claims, and causes of action arising out of or connected with the Program, the Program Website, any Reward or these Terms and Conditions, shall be resolved individually, without resort to any form of class action, (c) in any and all disputes, claims, and causes of action arising out of or connected with the Program, the Program Website, any Reward or these Terms and Conditions, you waive a right to a jury trial, (d) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and (e) under no circumstances will any Member or other person be permitted to obtain any award for, and you waive all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.

JURISDICTION.  Sponsor is organized under the laws of the state of New York in the United States of America, and this site is operated in the United States.  By establishing a Member Account or otherwise participating in the Program or using the Program Website, you irrevocably (a) agree that the federal courts of the Southern District of New York and the New York state courts located in New York County, New York will have sole and exclusive jurisdiction over any suit or other proceeding arising out of or relating to these Terms and Conditions, any Reward or the Program, (b) submit to the venue and jurisdiction of such courts, (c) consent to personal jurisdiction of such courts, and (d) waive any objection that any such court is an improper or inconvenient forum.

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