Participants in the Opted In Program (the “Program”) will be deemed to have accepted these terms and conditions (these “Terms”) and agreed to be bound by them.
1. These Terms set forth the rules for participation in Emma, Inc.’s Opted In Program, located at https://emma.joinzealot.com/Home?brandUuid=93493879-77d2-45b8-838b-40a77f768f7d. All references to “Emma” in these Terms will include all of Emma, Inc.’s subsidiaries, agents, or any other third party involved in the Program. All references to “Participant” “you” or “your” will include both the individual participating in the Program and the entity employing such individual. Emma reserves the right to amend these terms and conditions at any time without notice.
2. Emma may (but is not required to) provide you a reward through the Program, and your participation is entirely optional. The Program allows you to earn points by completing missions, which may be redeemed for rewards in a reward catalog that is administered by a third party. Points have no cash value and cannot be used outside of the rewards catalog. Points do not expire. If we end the Program, we will provide you notice and an opportunity to redeem the points before termination of the Program. Emma has the right to, at any time without notice, for any or no reason:
a) Remove a reward from the rewards catalog,
b) Substitute one or more items if a reward is unavailable or cannot be provided to you,
c) Alter or waive any Program feature or benefit prospectively or retroactively, including, without limitation, eligibility criteria, participation fees, point accrual, redemption criteria, rewards earned, or
d) Suspend, modify, or terminate the Program or any mission.
Any administrative questions should be directed to [email protected].
3. Participants’ participation in the Program is strictly voluntary and without cost, and Participants may withdraw from participating in the Program at any time. The Program and your participation in the Program is not valid outside of the United States, Canada, the European Union/European Economic Area, the United Kingdom, and Australia or where prohibited by law and/or in cases where your company policy prohibits your participation. The offer of rewards under the Program, including but not limited to promotional discounts and/or such other items of value, is not an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value where such an offer or receipt of value is not permitted.
4. In the aggregate, Program rewards will be limited to $1,500 per year per Participant, beginning from the date of the Participant’s first participation in the Program.
5. Rewards received through participation in the Program may be subject to tax in your jurisdiction. Participants are responsible for seeking appropriate tax advice and complying with any applicable tax reporting and payment obligations. Emma accepts no liability for any taxes payable by Participants in connection with these rewards.
6. Participants agree: (i) to abide by all applicable local, state, national, and international laws and regulations in its Participation in the Program and use of the Program Web site; (ii) not to use the Program Web site for illegal purposes; (iii) not to impersonate any person or entity or engage in any fraudulent business practice, including generating invalid impressions, clicks, or other actions; (iv) not to display or transmit any unlawful, harmful, hateful, racially, ethnically or objectionable material of any kind on the Program Web site; (v) not to distribute in any way files that contain viruses, corrupted files, or any other similar programs via the Program Web site; and (vi) not to interfere or disrupt the functionality of the Program Web site.
7. If Emma has reason to believe that any Participant participating in the Program has violated these Terms in any manner or engaged in any deception or fraudulent or other prohibited conduct of any kind (including, without limitation, falsifying completion of challenges or otherwise manipulating the Program in an attempt to gain rewards), Emma in its sole and exclusive discretion reserves the right to disqualify any such person or entity from further participation in the Program.
8. By participating in this Program, Participants consent to Emma using the personal data they supply during entry for the purpose of administering this Program, and to processing that personal data in the United States of America. For more information about Emma’s processing of your personal data, please review our privacy notice at https://meetmarigold.com/company/compliance/marigolds-privacy-notices.
9. If you have opted in or otherwise indicated your consent to participate in the Program, Emma (and its respective business partners, if applicable) may also use the details you give us to contact you for marketing purposes via the methods for which you have indicated your consent.
10. By participating in the Program, Participant grants Emma and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, full paid-up, and transferable license to use, reproduce, publish, distribute, display, perform, modify, adapt, create derivative works from, and otherwise use any testimonials, case studies, feedback, statements, quotes, survey responses, audio or video recordings, interviews, and other content or materials submitted, provided or collected from Participant in connection with the Program (collectively, “Program Content”), including through UserEvidence or other third-party service providers acting on Emma’s behalf. Such license includes the right to use Program Content for Emma’s marketing, advertising, promotional, sales, and other legitimate business purposes, in any media or format, without further approval or compensation to Participant. Participant represents and warrants that Participant has all rights and permissions necessary to grant the foregoing license and that Company’s authorized use of the Program Content will not infringe or violate the rights of any third party. Nothing in these Terms grants Emma any rights to the trademarks, service marks, logos, trade names, or other intellectual property of Participant’s employer or any third party, except to the extent Participant is expressly permitted to grant such rights. Any use of such intellectual property shall be subject to obtaining the necessary authorization from the applicable rights holder.
11. Emma will not be responsible for (and will have no liability in connection with) the following occurrences:
a) any postponement or cancellation of the reward or in awarding any reward;
b) any use of the reward(s), or changes to rewards or the way in which they can be used;
c) network, computer, hardware or software failure of any kind, which may affect the your participation in the Program, including but not limited to the sending, receipt or processing, completion, or award of any challenge or reward;
d) any act or default of any third party supplier.
12. Participant acknowledges and agrees that Emma or its licensors retain all copyright, trademark, trade secret, patent and other proprietary and intellectual property rights in the Program and any all content and materials set forth on the Program Website, regardless of (i) whether intellectual property notices appear on the materials or (ii) whether such intellectual property notices have been filed with governmental agencies. Nothing in these Terms will directly or indirectly be construed to assign or grant Participant any right of ownership, title or interest in the Program or any all content and materials set forth on the Program Website, or any intellectual property rights relating thereto.
13. THE PROGRAM, INCLUDING BUT NOT LIMITED TO THE PROGRAM WEBSITE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND EMMA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE.
14. EMMA’S LIABILITY FOR DIRECT CLAIMS, THIRD PARTY CLAIMS, FOR CLAIMS SEEKING INDEMNITY, OR FOR ANY RECOVERABLE LOSSES, DAMAGES, OR LITIGATION AND ATTORNEYS’ FEES OR COSTS ARISING UNDER THIS PROGRAM SHALL BE LIMITED TO THE AMOUNT OF FIVE HUNDRED DOLLARS (USD $500.00). IN NO EVENT WILL EMMA BE LIABLE OR INDEMNIFY A PARTICIPANT FOR: (i) ANY DAMAGES CAUSED BY PARTICIPANT’S VIOLATION OF THESE TERMS; (ii) ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR (iii) ANY LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COST OF COVER, LOSS OF USE, LOSS OF DATA, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF PARTICIPATION IN THE PROGRAM, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF EMMA OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SET FORTH IN THESE TERMS.
15. This Program, and any dispute or claim arising out of or in connection with (including the rewards), shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any controversy or claim arising out of, or relating to the Program shall be finally resolved by arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures (https://www.jamsadr.com/rules-streamlined-arbitration/), then currently in effect, by a sole arbitrator. Notwithstanding the foregoing, the arbitrator shall not be authorized to award punitive damages with respect to any such claim or controversy, nor shall any party seek punitive damages relating to any matter under, arising out of or relating to this Agreement or the Service in any other forum. If any arbitration or court action is commenced by either party, the substantially prevailing party in that arbitration or action is entitled to recover from the other party its attorneys’ fees and costs (including arbitration fees and costs and expert witness fees) incurred in connection therewith. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The entire arbitration shall be conducted and concluded in no later than ninety (90) days after service of the arbitration demand. A written demand for arbitration must be delivered within one (1) year from the date on which the Services to which the claim relates were provided. Failure to comply with this provision shall be a complete bar to any claim. The place of arbitration will be Emma’s headquarters, located at the following address (or such other headquarters address as Emma shall subsequently designate in a written notice to Customer): 11 Lea Ave. Nashville, TN 37210.