Reader Rewards Program Terms and Conditions
The following terms and conditions (these “Terms and Conditions”) contain important information regarding the Reader Rewards Program (the “Program”) sponsored by Penguin Random House LLC (“Sponsor”). Please read the following Terms and Conditions carefully. These Terms and Conditions are a binding agreement between you and Sponsor and will govern your participation in any and all Program offers, along with Sponsor’s Privacy Policy and Terms of Use.
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, 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 and each individual may create only one account. 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: 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 about what to read next. You may update your contact information by visiting https://www.penguinrandomhouse.com/account/dashboard/details Outdated or invalid contact information may result in missing important communications about your account and the Program.
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 in the Preference Center to unsubscribe from any or all email subscriptions. You will continue to receive Reader Rewards program emails which contain information about your points totals and your rewards codes. If you no longer wish to receive any Reader Rewards emails, you will need to cancel your membership.
To cancel your membership, you can do one of two things: Click the “Unsubscribe” link at the bottom of any Penguin Random House email footer, which will take you to the preference center. Here, you can view your email subscriptions and unsubscribe from any you wish or click “Close Account” and follow the prompts on-screen. Alternatively, you can simply log in to your Reader Rewards dashboard and go to Email Preferences. Follow the on-screen prompts to either unsubscribe from any emails or click “Close Account” to cancel your membership.
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 Help@rewards.penguinrandomhouse.com.
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
