Terms and Conditions
Petco Grooming Referral Program
Terms and Conditions
Petco Grooming Salon Refur-a-Friend Program
Petco (“we”, “Petco” or “Company”) offers guests (“Guests”) who have purchased and used services (the “Services”) at any Petco grooming salon (each, a “Salon”) the opportunity to refer friends to a Salon via Petco’s Refur-a-Friend referral Program (“Program”) offered on the web site located at groomrefer.petco.com (the “Site”). Participants in the Program are hereinafter referred to as “Users”.
1. How the Program Works. To participate in the Program, Guests visit the Site and follow the instructions to refer friends, family members or colleagues to the Services by including such friends’ names and email addresses. Guests must be a legal resident of the United States of America and at least 18 years old to use the Site. Users may refer a maximum of 25 friends, family members or colleagues during each session and a maximum of 500 times throughout the entirety of their participation in the Program. Once a Guest makes a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows her to receive the benefit or reward advertised on the Site. Referred friends (“Friends”) must complete the referral as described in the referral message. No purchase of Services is required for Guests to participate as a Referrer in the Program.. Once the Referred Customer has completed a full-service grooming Services transaction, the Referrer will receive an email from the Company notifying him/her that a Reward has been earned. A referral must be to a Referred Customer who has not previously used the Services at any Petco retail location, and who actually completes a full-service grooming Services transaction, in order to qualify as a valid referral (“Valid Referral”).
3. Fraudulent or Suspicious Behavior. Referrers may not refer themselves or create multiple, fictitious or fake accounts with the Company. No User may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, Users may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. The Company reserves the right to disqualify any User and/or cancel any Pals Reward Dollars awards if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions. Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive Pals Reward Dollars rewards. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
4. Rewards. Upon full completion of a Valid Referral and providing your proof of Pals Rewards membership, an email will be sent to the email address associated with your Pals Member ID notifying you that you have earned a reward of $10 Pals Rewards Dollars. Use of Pals Rewards Dollars are subject to Petco Pals Rewards Program Terms and Conditions in all respects.
5. User Conduct. Users agree not to use the Program to (i) violate applicable law; (ii) violate the intellectual property rights of the Company or any third parties; (iii) harass or contact another individual on an unwelcome basis; (iv) impersonate another or otherwise misrepresent User's identity; or (vi) conduct or solicit the performance of any illegal activity.
6. Bulk Distribution (“Spam”). In the event that a Referrer provides a Personal Link to a Referred Customer by email, the Referrer represents that he/she has the appropriate permission and consent to contact such Referred Customer and is doing so in compliance with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not set forth is expressly prohibited and may be grounds for immediate termination from the Program and/or legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program as appropriate in Company’s sole discretion. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify Company against any liabilities, costs and expenses it incurs as a results of such spam.
7. Sign-In Credentials. Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of such credentials. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
8. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company and Extole, as the provider of the referral service, and each of their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Released Parties shall not be liable for (i) any technical errors or malfunctions, (ii) any data theft or corruption, (iii) any printing, typographical or administrative error in any websites or materials involved in the Program; (iv) any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program; (v) any claims or disputes among Users in the Program. The Company reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company's control, corrupt the administration, security or proper play of the Program. The Released Parties shall not be liable to any users any failures or delays in the Program to supply any advertised benefit, by reason of any acts of God, natural disasters, strikes, civil disorders, labor disputes, blackouts, war, terrorism, material or labor shortages, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control.
9. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
10. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial. Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under California law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in San Diego County, California. Users and Petco agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the online platform or Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within San Diego County in the state of California. Users also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Participants' use of the Service or this Agreement. Users irrevocably and unconditionally waives any right it may have to a trial by jury in respect to any legal action arising out of or in connection with these Terms and Conditions or the Program.
11. General Terms. These Terms and Conditions constitute the entire agreement between Users and the Company concerning Users' use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.