REFER A FRIEND REWARD DETAILS
You and your friend will each receive a $10 Amazon gift card within 30 days of the referee’s valid purchase of Creative Cloud All Apps for Students and Teachers. In order for the purchase to qualify, the referrer must (1) be an active member of Creative Cloud All Apps for Student and Teachers, (2) be at least 18 years or older, and (3) be a resident of the United States or Canada (excluding Québec). Additionally, the referee must (1) be at least 18 years or older, (2) be a resident of the United States or Canada (excluding Québec), (3) be a first time subscriber to Creative Cloud, (4) create their Adobe ID with the same email address the invitation was sent to and (5) maintain an active membership past the first 14 days of purchase. Additional restrictions may apply. Offer ends on May 16th, 2017.
THE ADOBE REFER-A-FRIEND PROGRAM
1. YOU MUST BE 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION) OR OLDER AND A LEGAL RESIDENT OF UNITED STATES, CANADA (EXCLUDING QUEBEC) TO PARTICIPATE. AN ADOBE ID IS REQUIRED. VOID WHERE PROHIBITED.
2. PROMOTION ORIGINATOR; ELIGIBLE PARTICIPANTS; INELIGIBLE PARTICIPANTS
2.1 Promotion Originator. The Adobe REFER-A-FRIEND (“Program” or “Promotion”) is originated by Adobe Systems Incorporated, 345 Park Avenue, San Jose, California, 95110, United States, its affiliates and subsidiaries (collectively, “Adobe”).
2.2 Eligible Participants. The Promotion is open only to persons meeting all the requirements recited in Section 1 (“Participant(s),” “You,” “Your”). By participating in the Promotion Participants agree to be bound by these official rules (“Official Rules”).
2.3 Ineligible Participants. No one who is an employee or independent contractor, officer, or director of Adobe, or any of Adobe's agents, representatives, advertising, promotion, publicity and fulfillment agencies, legal advisors, successors and assigns, and any other company or person that is involved with the production, design, execution, administration or distribution of this Promotion (collectively, the “Released Parties”), is eligible to enter or win, nor is anyone who lives with (whether or not related), or who is an immediate family member of, any one of the Released Parties (i.e., parents, siblings, children and their respective spouses, regardless of where they reside). The Promotion is subject to all applicable federal, state, territorial, provincial, municipal and local laws and regulations and is void where prohibited or restricted by law.
3. PROMOTION PERIOD; TIMING
3.1 Promotion Period. The Promotion starts at 12:01 a.m. on Jan 16, 2017 PT, and ends at 11:59 p.m. PT on May 16, 2017 (“Program Period”) and comprises the Program mechanics in Section 4.1.
3.2 Timing. EACH PARTICIPANT IS RESPONSIBLE FOR MAKING THE NECESSARY ADJUSTMENTS FOR TIMING OF THE PROGRAM PERIOD IN SECTION 3.1 ABOVE BASED ON PARTICIPANT'S LOCATION AND TIME ZONE. Adobe's computer is the official time-keeping device for the Promotion.
4. PROGRAM MECHANICS; LIMITS ON ELIGIBLE REFERRALS; CREATING AN ADOBE ID
4.1 Program mechanics (“Referral Requirements”). Anytime during the Program Period:
|Refer-A-Friend||Earn an Eligible Referral||Receive a Referral Reward|
|(A)Visit the Program page at adobe.com/go/refer_ste and, following the Referral Guidelines in Section 5.1, use the Refer-A-Friend form to send a message (“Referral(s)”) containing Your unique Referral link ("Referral Link") to Your friends who are age 18 or older (“Friend(s)”) to purchase a subscription of the Creative Cloud Photography Plan or the Student and Teacher Edition Creative Cloud All Apps Plan||(B)For every 1 Friend who receives Your message and uses the Referral Link to visit the Site and perform the required action, You will earn 1 eligible Referral (“Eligible Referral(s)”)||(C)For each 1 Eligible Referral You earn, You will receive 1 Referral reward (“Referral Reward”)(C)For each 1 Eligible Referral You earn, You will receive 1 Referral reward (“Referral Reward”)|
4.2 Limits on Referrals. Each Participant may make as many Referrals as he/she likes during the Program Period, and regardless of the number of Referrals made, each Participant is only eligible to receive 1 Referral Reward per Eligible Referral, up to the maximum number of Referrals permitted during the Program Period. Each Referral must correspond to a single Participant using a single email address. Participants may not use multiple email addresses or alternate user identities in an attempt to submit more Referrals than are allowed from a single Participant. Completed Referrals must be made and received electronically during the Program Period to be eligible for Referral Rewards. No other methods of making Referrals will be accepted. Adobe cannot guarantee that all persons attempting to make an Eligible Referral will be able to participate.
4.3 Creating an Adobe ID. If participation in the Promotion requires the use of an online Adobe ID, Participants can create one for FREE at http://www.adobe.com/downloads.html, and click “Sign in”.
5. REFERRAL GUIDELINES
5.2 Proof of submission of a Referral is not proof of delivery or receipt of that Referral by Adobe. Referrals generated by script, macro or other automated means, or those not using the Program-approved referral mechanism, are void. Use of a false sender or recipient email account will disqualify a Referral. If there is a dispute regarding a Referral, or the identity of a Participant, or the person that originated a Referral, the Referral at issue will be deemed by Adobe to have been made by the natural person who is the authorized account holder assigned by an Internet access provider to the email address connected to the Referral Link, and that person must comply with these Official Rules. A Participant may be required to show proof of being the authorized account holder.
5.3 Incomplete, indecipherable, illegible Referrals, Referrals using invalid, repeating or non-unique email addresses, or any attempted Referral that fails to provide all required information, or otherwise fails to meet the requirements of these Official Rules, will not be eligible for Referral Rewards.
5.4 Eligible Referrals will be accepted and Referral requirements will be determined satisfied only after receipt and verification by Adobe. In order for an Eligible Referral to be verified and for Participant to receive a Referral Reward, the Friend must use the Referral Link and perform the requested action within a reasonable time after the Friend receives the Participant's Referral message.
5.5 By participating in the Promotion, each Participant accepts and agrees that Adobe, in its sole discretion, may disqualify any Participant who (whether in fact or by attempt) subverts, circumvents, or tampers with the Referral process, or the lawful operation of this Promotion or the Site, or who Adobe finds to be acting in an unsportsmanlike or disruptive manner, or in a manner otherwise in violation of these Official Rules.
6. DATA PROTECTION
6.2 Participants' License and Consent to Adobe's use of Referrals
(A)Adobe does not claim ownership of Referrals, however, by participating in the Promotion and submitting a Referral each Participant consents to, and grants to Adobe and its agents, a, worldwide, perpetual, royalty- free, non-exclusive, transferable right and fully-paid up, fully-sublicensable license, under any and all rights, to use, modify, reproduce, distribute, publicly perform and publicly display, publish (or not publish), in whole or in part, the non-personal or non-identifiable data and creative elements comprising his/her Referral (together with or without his/her name, voice and/or likeness and hometown, collectively, “Persona”, which Persona each Participant consents to, and agrees may be used by Adobe according to these Official Rules for a period of up to 1-year from the Promotion start date as necessary for the purposes of starting and administering the Promotion, fulfilling [prizes/promotion items/rewards], and announcing winners), except as otherwise prohibited by law, in any media format or medium (whether now or hereafter known) and through any media channels, including on and through the Site and public viewing gallery, and other websites and Adobe-branded social media channels owned or controlled by Adobe, in and in connection with promotion, publicity and advertising for the Promotion without any further attribution, notification, or compensation to the Participant, his/her successors or assigns, or any other person or entity.
(B)To the extent permitted by law, by submitting an Referral each Participant unconditionally and irrevocably waives any and all moral rights to which Participant may be entitled under applicable law, and waives and releases the Released Parties from any and all claims that he/she (and anyone by or through him/her) may have now or in the future in any jurisdiction based on “moral rights” with respect to Adobe's exploitation of his/her Referral without further notification or compensation to the Participant. If this waiver of moral rights is unenforceable or invalid, and to avoid any doubt, each Participant acknowledges and agrees that Adobe is authorized to exercise all moral rights to his/her Referral.
(C) Participation in the Promotion creates no obligation (express or implied) on the part of Adobe to use, commercialize or otherwise exploit any Participant's Referral or Persona and no Participant is entitled to any damages or other relief by reason of Adobe's use or non-use of his/her Referral. Each Participant waives any right he or she may have to be mentioned as the author or creator of the Referral.
6.3 Participants Right to Opt-Out from Adobe's use of Personal Data. Each Participant may refuse to have his/her personal information collected, transferred, used, or disclosed by Adobe as described in these Official Rules (“Opt- Out”) by choosing to not participate in the Promotion.
6.4 No Opt-In to future communications from Adobe required to participate. During the Program Period Participants may be presented the option to “Stay informed via email about Adobe products and services.” (“Opt-In” consent to future marketing), but Opt-In consent to future marketing is not required to participate in the Promotion, and will not increase or improve a Participant's opportunity to win a Reward.
7. REFERRAL REWARD NOTIFICATION AND DELIVERY; ODDS OF EARNING A REFERRAL REWARD
7.1 Referral Reward Notification and Delivery. Participants earning a Referral Reward (“winners(s)”) will be notified within 30 days after an Eligible Referral has been received and verified by Adobe by an email sent to the email address specified at the time of Referral.
(A) Winners may be required to complete and return a Declaration of Eligibility and, except where prohibited, Liability/Publicity Release, or other documents in the form provided by Adobe by May 30, 2017 in order to claim the Referral Reward. If a winner is 18 years of age as required, but deemed a minor in his or her jurisdiction, then the Referral Reward will be awarded in the name of the minor's parent or legal guardian, who will be responsible for signing any necessary documents.
(B) If a winner cannot be contacted, is contacted and does not respond timely with all required information, or fails to claim the Referral Reward as directed within the time allotted following attempted notification, refuses the Referral Reward, is ineligible to accept the Referral Reward, is otherwise not in compliance with these Official Rules, or if the attempted Referral Reward notification is returned as undeliverable, then the Referral Reward at issue will be forfeited and, at Adobe's sole discretion, not awarded or awarded to an alternate winner who has submitted a verified, Eligible Referral.
(C) A Participant is not a winner, even if a Referral Reward notification is received, unless and until the Participant's eligibility and the potential Eligible Referral has been verified and the Participant notified that verification is complete. Participants pending verification of Referral Rewards earned must continue to comply with these Official Rules.7.1 Odds of earning a Referral Reward. The odds of earning a Referral Reward will depend on the verifiability of the Eligible Referrals received.
8. REFERRAL REWARD DESCRIPTION AND RETAIL VALUE
8.1 Total Referral Reward to be awarded, descriptions, and aggregate RV. The total number and combined retail value of all Referral Rewards to be awarded in this Promotion are unknown and will depend on the number of verified Eligible Referrals received. Referral Reward consisting of one $10 Amazon gift card, RV: $10.00 (USD/ United States) each (or regional equivalent).
(A) RVs quoted represent the maximum retail price or, in the absence of a maximum retail price, the prevailing market price to the best of the Adobe’s knowledge. Differences in stated price and actual Referral Reward values (including differences in any stated price and the price a Participant would have had to pay for such product in any jurisdiction) will not be awarded. Referral Rewards are non-transferable and all Referral Reward details, including type, color, size, etc. are at Adobe’s sole discretion. ALL REFERRAL REWARDS ARE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED. No cash alternative to Referral Reward is available and Adobe reserves the right to substitute a Referral Reward (or portion thereof) with one of approximately equal or greater value. Participants are responsible for all applicable federal, state, territorial, provincial, municipal and local taxes, costs associated with currency exchange, or any other costs and expenses associated with Referral Reward receipt, acceptance, or use. Use of any Referral Reward(s) that have associated use terms such as gift cards, software, online services, or subscription products is subject to any terms or conditions that may accompany such products as issued by the service or product provider. Only the advertised Referral Reward and those claimed in accordance with these Official Rules will be awarded. Winners may be required to provide a shipping address and proof of residency to claim a Referral Reward. Adobe will arrange and determine mode of delivery of Referral Rewards to winners. Allow 4 weeks for delivery of a Referral Reward.
10.1 Adobe's right to cancel, terminate or modify the Promotion. Adobe reserves the right to cancel, terminate, or modify the Promotion, or any portion, if in Adobe's opinion the Promotion has been compromised, corrupted, or cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions beyond Adobe's reasonable control, including without limitation, an insufficient volume of participation, Referrals, or Eligible Referrals. While Adobe may take action against fraudulent activities of Participants, Adobe assumes no responsibility or obligation to proactively police Participants' activities, or to investigate any or all claims of fraudulent activity. Adobe's failure to enforce any provision of these Official Rules does not constitute a waiver of that provision.
10.2 Limitations of liability. The Released Parties (defined in Section 2.3) do not guarantee the processing or posting of any Referral or Eligible Referral, or the functioning of the Site. The Released Parties are not in any way responsible or liable for any act, omission, or breach of contract or warranty by Participants, or any infringement or violation of any right of publicity, privacy, intellectual property or proprietary rights, or for any loss (including loss of opportunity) or other claim arising from or in relation to the Promotion, or any Referral or Eligible Referral submitted, or for the authorized or unauthorized actions of Participants or other third parties. The Released Parties are not responsible for events requiring a cancellation or postponement of the Promotion, or for Referral messages that are incomplete, illegible, lost, intercepted, misdirected, undelivered or unintentionally filtered as SPAM or not otherwise sent or received by the intended recipient, or for hardware or software malfunctions, delayed, unavailable, or failed network connections or communications, or other errors or impediments of any kind, whether technical or non-technical in nature, relating to the Promotion, its administration, the processing of Referrals or Eligible Referrals, or the announcement of winners.
10.3 Release of claims. By participating in the Promotion each Participant agrees to the maximum extent allowable under applicable law, to release and hold the Released Parties harmless from and against any and all liability whatsoever for any injuries, losses, or damages of any kind arising from, or in any way connected with, participation in the Promotion, any Promotion-related activity, or any Referral submitted, or the shipping and handling, receipt, possession, loss, use or misuse of any Referral Reward. The limitation of liability in this section does not apply to claims for personal injury or death caused by Adobe or its agents' negligence, or to liability of Adobe and its agents for willful misconduct or gross negligence, or any other liabilities that may not be excluded by law. Participants agree that Adobe's only obligation is to accept Referrals and verified Eligible Referrals (and ultimately to distribute Referral Rewards) according to the procedures and criteria set forth in these Official Rules, that these obligations are fair and adequate consideration for any Referral or verified Eligible Referral submitted, and Participant is not entitled to and will not seek any further compensation.
10.4 Governing law; venue; disputes. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Adobe and Participants, will be governed by, and construed in accordance with, the laws of the state of California, United States of America, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than the State of California, and all claims must be resolved in the appropriate State Court located in Santa Clara County, California.