BlueVine Capital Referral Program Official Rules
BLUEVINE CAPITAL REFERRAL PROGRAM OFFICIAL RULES
This client referral program (the “Referral Program”) is sponsored and administered by BlueVine Capital Inc. (“BlueVine”), located at 401 Warren Street, Suite 300, Redwood City, CA 94063. The Referral Program is governed by these official rules (“Official Rules”). By participating in the Referral Program, each party (an “Entrant”, and each such Referrer and Referral, as defined below, an Entrant) agrees to abide by these Official Rules, including all eligibility requirements, and each Entrant understands that the results of the Referral Program, as determined by BlueVine, are final in all respects.
- Eligibility: To enter the Referral Program you must be either an authorized representative of a client doing business with BlueVine or an authorized representative of the entity which may prospectively do business with BlueVine, be a lawful citizen or permanent resident of the United States, and be 21 years of age or older. The Entrant making the referral must have received an invitation to participate in the Referral Program directly from BlueVine which contains a unique code (each such Entrant, a “Referrer”). Referral Program is void outside of the United States and in any states and/or territories, possessions and commonwealths where restricted or prohibited by law. The Referral Program, and any website pages and advertisements relating thereto, is intended for viewing only within the United States. You are not authorized to participate in the Referral Program if you are not physically located within the United States when you enter the Referral Program. Existing BlueVine clients or current leads referred by an Referrer will not be a valid referral. Employees, officers, directors, agents, affiliates and representatives of BlueVine and other referral providers of BlueVine, including their affiliated companies, parents, subsidiaries and advertising and Referral Program agencies, (collectively, “Related Entities”), and their immediate families and members of their households, are ineligible to participate in this Referral Program. The Referral Program shall be available until BlueVine terminates the Referral Program (the “Entry Period”), which termination may be made with or without notice.
- How to Enter: During the Entry Period, the Referrer must complete and submit to the BlueVine referral website page an entry form, including contact information for a valid new business referral (each such referred prospective client a “Referral”) that BlueVine may contact to offer BlueVine services, and the Referrer’s valid unique alphanumeric code given by BlueVine via email; each valid referral email shall be considered an “Entry” made by Referrer, provided the Referral is not an existing client, does not have any prior or existing relationship with BlueVine, is not an existing lead of BlueVine, and is not a friend or family member of the Referrer. The Referrer must not market or promote this offer through paid advertising channels or to the public at large (i.e. on public blog sites, search engines or in sponsored ads). The Referrer’s Referral Code may not be used in more than 50 successful Referrals per calendar year. Not all Entries will qualify Referrer for a Prize (see Prize conditions herein). Submissions generated by a script, macro or other automated means will be disqualified. No mechanically reproduced entries accepted. In the event of a dispute regarding which representative associated with a Referrer for a particular Referral shall be entitled to receive the Gift Card, BlueVine reserves the right to make such determination in its discretion. BlueVine is not responsible for: lost, late, delayed, damaged, unintelligible, illegible, misdirected, incomplete or garbled Entries; cannot click-through for any period of time to enter their submission; if entry information is not captured correctly; for any issues associated with hardware, software, telephone, Internet, virus contamination, network, human error, electronic malfunctions, or any other technical problems; and for delay, failure or malfunction for any reason. Incomplete or corrupted Entries are void and will not be accepted. All Entries will become the sole and exclusive property of BlueVine and will not be returned to Referrer. By entering the Referral Program, you (i) represent that you are an authorized representative of an existing BlueVine client; (ii) represent that you have authorization to disclose the Referral’s name and contact information; (iii) authorize BlueVine to use, analyze, modify and publish your name and any other information provided by you in BlueVine’s sole discretion, including publication in its marketing and promotional materials or website; (iv) authorize BlueVine to contact you and any Referrals regarding BlueVine offerings, products and services and (v) represent that your account is in good standing (collectively “Entry Warranties”). You hereby agree to indemnify and hold harmless BlueVine and its directors, officers, employees and agents from any and all damages (including without limitation collection fees, court costs and reasonable attorney’s fees) in the event that you breach any of the Entry Warranties.
- Prize: Referrer and Referral shall each receive one (1) $ gift card (“Gift Card”) for each valid Entry made within the Entry Period, where the Referral (i) signs up for a BlueVine account with Referrer’s unique Referral Code (any incorrect or mistyped codes will not be eligible); (ii) validly enters into a Financing and Security Agreement (“Financing Agreement”) by and between Referral and Celtic Bank Corporation (“Celtic”) through the BlueVine website, (ii) makes a Draw under the Financing Agreement on or before the 14th (14th) day following the date upon which Referral first enters in the Financing Agreement, (iii) Referral is in good standing with BlueVine and Celtic at all times for not less than 8 weeks following the date Referral made its first Draw under the Financing Agreement and (iv) Referral does not misuse the program in any way as determined by BlueVine; the date of BlueVine’s determination of the occurrence of the successful completion of clauses (i) through (iv) for such Referral, the “Qualification Date”) BlueVine will issue the Gift Card to the Referrer and Referral within 30 days of the Qualification Date. In no event shall Referrer or Referral be entitled to receive a Gift Card unless and until a Qualification Date occurs with respect to such Referral involving both Referrer and Referral.
- BlueVine may provide Referrer with a unique alphanumeric code (“Referral Code”) to distribute to Referrals. BlueVine owns all rights in and to any Referral Code provided to you. You acknowledge and agree that: (a) BlueVine may limit the number of times a Referral Code you may given out, (b) you have no ownership rights in any form over the Referral Codes, (c) such Referral Code may not be sold, assigned or exchanged, and (d) BlueVine may reclaim, deactivate, invalidate or terminate your Referral Code at any time at its discretion.
- BLUEVINE WILL NOT ISSUE GIFT CARDS TO ANY ENTRANTS IF THEIR ACCOUNTS ARE NOT IN GOOD STANDING WITH BLUEVINE OR CELTIC DURING THE ENTRY PERIOD. A Referrer or Referral account is not in good standing with BlueVine or Celtic if the account holder is not current in its payments to BlueVine or Celtic, if the account has been suspended or is in default status due to fraud or other reason, or if the account holder is in breach of any of the terms of these Official Rules, the Financing Agreement, any of BlueVine’s Terms of Service or any other agreement with BlueVine or Celtic.
- The actual delivery of Gift Card(s) by BlueVine to a recipient may be delayed for reasons outside of the control of BlueVine. BlueVine is not responsible for any delay or error in the delivery of any Gift Card to any Referrer or Referral.
- Each Entrant acknowledges and agrees that the fact of the occurrence of a Qualification Date, the failure of a Qualification Date to accrue, or related facts and circumstances relating thereto, may be disclosed to both the Referrer and the Referral.
- During the term of the Referral Program, if a certain Referral has been made by more than one Referrers, only the Referrer associated with the code that the Referral first uses to sign up will receive a Gift Card. No cash value is associated with any Gift Card(s) and under no circumstances will any cash equivalent be issued in lieu of a Gift Card. Gift Cards are issued by the Gift Card provider and are subject to additional terms and conditions of the gift card issuer (i.e., Tango). No alternative prizes, cash equivalent, or other substitutions are permitted except as determined solely by BlueVine. All prizes are nontransferable and non-assignable. PRIZES ARE PROVIDED “AS IS.” BLUEVINE DISCLAIMS ALL GUARANTEES AND/OR WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Entrants acknowledge that BlueVine and BlueVine Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a Prize or regarding the use, value or enjoyment of the Prize.
- Gift Card Delivery/Acceptance: If a Referrer is deemed ineligible as provided herein or in BlueVine’s reasonable discretion, the Referral will be disqualified. BlueVine is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify Entrants. Gift Cards will only be delivered to Referrers or Referrals via the email address provided by the Referrer on the entry form. All gift cards will be in the form of an electronic gift card(s) in the appropriate denomination or by such other means as determined in BlueVine’s sole discretion. A Gift Card or Gift Card notification that is returned as undeliverable will disqualify the recipient. By accepting a Gift Card, recipient waives the right to 1) assert any claims or reimbursement for any cost(s) related to receiving the Gift Card and any cost(s) of verification, redemption or travel to redeem said Gift Card (if applicable), and 2) claim any liability (including attorney’s fees and costs) which might arise from redeeming or seeking to redeem said Gift Card (including any travel related thereto, if applicable). BlueVine will not replace any lost or stolen Gift Card, including if lost during delivery. Risk of loss passes to recipient upon dispatch, or causing the dispatch, of the Gift Card from BlueVine.
- Taxes: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY GIFT CARD ARE SOLELY THE RESPONSIBILITY OF THE RECIPIENT. The value of the Gift Card will be treated as ordinary income to recipient for income tax purposes and if applicable, an IRS Form 1099 for the relevant year will be sent to the recipients. Incidental expenses and all other costs and expenses which are not specifically listed in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the Gift Card are solely the responsibility of each recipient.
- ASSUMPTION OF RISK, INDEMNIFICATION, LIMITATION OF LIABILITY. BY INTENDING TO ENTER AND/OR ENTERING THE REFERRAL PROGRAM, EACH ENTRANT (ON BEHALF OF ENTRANT AND ENTRANT’S FAMILY MEMBERS, HEIRS, ADMINISTRATORS, AFFILIATES AND SUCCESSORS) ASSUMES ALL RISK ASSOCIATED WITH THE REFERRAL PROGRAM AND/OR GIFT CARDS AND HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS BLUEVINE, RELATED ENTITIES AND THEIR RESPECTIVE PARTNERS, AFFILIATES AND SUBSIDIARY COMPANIES, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, CAUSES OF ACTION, THREATS, LOSSES, DEATH, INJURY, ACTUAL, INCIDENTAL OR CONSEQUENTIAL CLAIMS AND DEMANDS WHATSOEVER IN LAW OR EQUITY, INCLUDING ALL COSTS AND ATTORNEYS’ FEES, RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S PARTICIPATION IN THE REFERRAL PROGRAM, TAXES OWED AND DUE BY THE PARTICIPANT IN CONNECTION WITH THE REFERRAL PROGRAM, BREACH OF THE ENTRY WARRANTY, AND THE ACCEPTANCE, USE OR MISUSE OF ANY GIFT CARD THAT MAY BE WON. BLUEVINE AND ITS AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE GIFT CARD. BLUEVINE AND ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE REFERRAL PROGRAM. IN NO EVENT SHALL BLUEVINE BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. BLUEVINE’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY AT US$50. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
- General: Any and all decisions related to the Referral Program, these Official Rules, Referral Program administration, verification and the like will be supervised by BlueVine, whose decisions are absolute and final in all respects. By participating in this Referral Program, you agree to be bound by these Official Rules and that all decisions of BlueVine are absolute and final in all respects. BlueVine assumes no liability for damage caused to Entrant’s or any other person’s/entity’s computer hardware, software or communications network or other personal property regardless of cause. BlueVine reserves the right in its sole and absolute discretion to terminate (and not award any Gift Cards to any Entrant)/cancel or modify the Referral Program at any time and from time to time for any reason or no reason without or without notice or to disqualify any Entrant at any time and from time to time for any reason or no reason with or without notice in its sole judgment, including if, in BlueVine’s sole and reasonable judgment, it determines that the integrity or fairness of the Referral Program has been, or could be, compromised or that the Referral Program is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure or any other cause. In the case of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the authorized and registered account holder of the email account associated with the Entry. BlueVine or the BlueVine Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. This Referral Program and these Official Rules shall be governed by the laws of the State of California without giving effect to conflicts of laws principles. The sole and exclusive jurisdiction and venue for actions arising under this Referral Program shall be the State and Federal courts located in San Francisco, California. You hereby acknowledge and agree that you have no right or authority for any dispute related to this Promotion to be litigated on a class action basis or to utilize class action procedures. You further acknowledge and agree that you shall not be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other costs, or seek injunctive or any other equitable relief, arising out of or related to this Promotion. Some jurisdictions do not allow the limitation or exclusion of liability for punitive, incidental or consequential damages, so the above may not apply to you.