Som Sleep | Referral Terms and Conditions | Som Sleep

Som Sleep

Referral terms and conditions

Last updated: August 19, 2020


The Som Friends, Inc. (hereby referred to as ‘Som Sleep’) Referral Program (the “Referral Program”) allows you to earn promotional reward credits (“Points”) that can be redeemed for free product or discounts at getsom.com by referring friends to purchase Som Sleep.

By participating in the Referral Program, you (also referred to herein as the “Referrer”) agree to be bound by these Som Sleep Referral Program Terms and Conditions (the “Referral Program Terms and Conditions”) and Som Sleep’s Terms of Use (link) and Privacy Policy (link), which are incorporated herein by reference.  Please read the following Referral Program Terms and Conditions carefully as they constitute a legally binding agreement between you and Som Sleep and will govern your participation in any and all Referral Program offers.

Eligibility
To participate in the Referral Program, you must be a legal resident of the fifty (50) United States and be 18 years of age or older.

How It Works
To participate, refer friends who have not previously purchased any products from getsom.com (“Friends”) by sending them your personal referral link provided to you by Som Sleep (“Referral Link”).

Friends will receive 10% off their first purchase (excluding taxes and other discounts) at getsom.com. The Referrer will earn 250 Points at getsom.com for each Qualified Referral. A “Qualified Referral” is defined as a purchase made at getsom.com by a Friend who has not previously purchased products at getsom.com and who receives a personal promo code by clicking your Referral Program link and providing their email address.

Your Points will be issued following the shipment of your Friends’ orders. Should your friend cancel their order, previously issued Points will be deducted from your balance.

500 points can be redeemed for one (1) free Som Sleep 12-pack.
750 points can be redeemed for one (1) free Som Sleep 24-pack.

Points cannot be applied towards subscriptions. Points and rewards are not redeemable for cash, are non-transferable and not refundable (e.g., if an order is refunded, any portion of such order paid for using Points will not be refunded). Points must be used within 30 days from the date of issuance or they will expire.

Restrictions
Referral codes are only applicable to Friends' first purchase and not intended for existing customers. Existing customers attempting to take advantage of the Referral Program may have their referral promotions disabled.

The Referrer and the Friend cannot be the same person (for example, by using a different email address). We automatically disqualify suspicious referrals.

The use of multiple accounts, email addresses, online identities or aliases to circumvent the eligibility requirements and/or other limitations of these Terms is prohibited and may result in exclusion from the Program and the cancellation of all related points and rewards.  You may only share your personalized referral link with your personal connections. Public distribution of your Referral Link on sites where referrer is a contributor but not the primary content owner (for example, Wikipedia, Reddit, coupon websites) is not permitted. Promoting your Referral Link via search engine marketing is also not permitted.

You must comply with all up-to-date “SPAM” laws, which may include the laws where your Friends live. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited. 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 Som Sleep’s Referral Program.

Som Sleep expressly reserves the right to disqualify any referrals it believes in its sole discretion are generated by scripts, macros or other automated or fraudulent means (e.g., using fake accounts) or violation of these Referral Program Terms and to take action and seek damages to the fullest extent permitted by law against any user it finds to be tampering with the operation of the Referral Program or otherwise acting in violation of these Referral Program Terms or applicable law or regulation, which may include, without limitation, terminating a user’s participation in the Referral Program, requesting payment, delaying or cancelling the rewarding of Points, or revoking or refusing to honor outstanding Points.

Any abuse of this offer, as determined by Som Sleep, may result in the rescission of the Referer’s referral points and the Friend’s promo code as well as both parties' inability to participate in this or future promotions.

In all matters relating to the administration of the Referral Program, the decisions of Som Sleep will be final.

Indemnification; Limitation of Liability; Release
You agree to indemnify, defend and hold Som Friends, Inc. (‘Som Sleep’) and its directors, officers, employees, 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 you of any of the Referral Program Terms and Conditions or any violation by you of applicable law or regulation.

TO THE FULLEST EXTENT PERMITTED BY LAW, SOM SLEEP AND ITS AFFILIATES AND SERVICE PROVIDERS, SHALL NOT BE LIABLE TO YOU OR ANY OF YOUR FRIENDS FOR, AND YOU HEREBY RELEASE SOM FRIENDS AND ITS AFFILIATES AND SERVICE PROVIDERS FROM, ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND RELATED TO THE REFERRAL PROGRAM, THESE REFERRAL PROGRAM TERMS, OR THE SUBJECT MATTER HEREOF, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY LOSS OF PROFIT OR INCOME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF MILK BAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Som Sleep is not responsible for communication errors or other matters beyond Som Sleep’s reasonable control, including, without limitation, any failure to award Points due to technical issues. Som Sleep’s failure to enforce any term of these Referral Program Terms will not constitute a waiver of that provision. These Referral Program Terms are governed by and interpreted in accordance with the laws of the State of California, notwithstanding any conflicts of law. Participants in the Referral Program consent to the exclusive jurisdiction and venue in the courts located in California for all matters arising in connection with or relating to the Referral Program.

If any provision of these Referral Program Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Referral Program Terms otherwise remain in full force and effect and enforceable.

Right to Cancel Referral Program or Change Terms
This referral program is subject to modification or termination at any time without notice in Som Sleep’s sole discretion. Som Sleep will not be liable to you or your Friends in the event of any modification, suspension or discontinuance of the Program.  Any unclaimed referral rewards may be subject to forfeiture at such time as determined by Som Sleep. Your participation in the Referral Program constitutes your acceptance of these Referral Program Terms and Conditions, as the same may be modified by Som Sleep from time to time.