Refer a Friend Terms & Conditions
Qualified Referral. A Qualified Referral is defined as a purchase made at www.shinesty.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
Reward Payments. Rewards are payable in increments of $20 that will be paid in the form of a coupon code. This coupon code will expire 1 year from date received. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility. Eligibility is limited to individuals only. Shinesty's Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Shinesty's sole discretion.
No Spam. You must comply with all up-to-date "SPAM" laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Shinesty's Refer-a-Friend program.
Right to Close Accounts. Shinesty reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Shinesty Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. Shinesty reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
Shinesty’s The Ice is Right Terms & Conditions
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL DETERMINATIONS MADE BY SHINESTY ARE FINAL. VOID OUTSIDE THE UNITED STATES AND IN ALL OTHER JURISDICTIONS WHERE PROHIBITED OR RESTRICTED BY LAW.
- Eligibility: Shinesty’s The Ice is Right (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia who are natural persons at least eighteen (18) years of age or the age of majority in their state of residence at the time of entry. Employees of Shinesty, Inc. (“Shinesty”) as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all federal, state, and local laws and regulations and is void where prohibited. Your participation constitutes your full and unconditional agreement, as an entrant, to these “Official Rules”. Shinesty’s decisions are final and binding in all matters related to the Sweepstakes. Winning the Prize (as defined in Section 5 below) is contingent upon fulfilling all requirements set forth in these Official Rules.
- Timing: The Sweepstakes opens on Wednesday, June 7, 2023 at 12:01 a.m. United States Mountain Time (“MT”) and closes on Sunday, July, 9th 2023 at 11:59 p.m. MT (the “Sweepstakes Period”). All Submissions (defined below) must be received during the Sweepstakes Period to be eligible to win the Prize.
- How to Enter: To participate in the Sweepstakes, you will need to do one of the following:
- To enter the Sweepstakes, you must refer a friend via the email referral feature on Shinesty's referral page during the Sweepstakes Period. Each valid referral will earn you one entry into the Sweepstakes.There is no limit to the number of friends you can refer, and therefore, no limit to the number of entries you can receive.
- There will be one (1) winner per prize chosen through the Sweepstakes Period. Use of any automated system to participate in the Sweepstakes is prohibited and will result in disqualification.
- Selection of Winners: Within thirty (30) business days following the end of the Sweepstakes Period, Shinesty will select a winner from all eligible Entries for the Sweepstakes. Winners will be selected at random. There will be a total of One (1) winner of the Sweepstakes (“Winner”). The Winner will be notified by email within ten (30) business days of the end of the Sweepstakes Period. The notification email will be sent to the email used for the Referrals. The potential Winner will be required to provide their name, email address, mailing address, and date of birth to Shinesty to confirm eligibility and facilitate fulfillment of the Prize, within five (5) business days from the date notice is sent or attempted by Shinesty, in order to claim such Prize. If a potential Winner of the Prize cannot be contacted, declines to accept the Prize, or fails to provide the requested information within the required time period, or if the Prize is returned as undeliverable, such potential Winner forfeits the Prize. If you are a Winner, please allow up to four (4) weeks for delivery of your Prize, which will be mailed to the mailing address you provided after notification of being a potential Winner. Receiving the Prize is contingent upon compliance with these Official Rules. If a potential Winner is disqualified for any reason, Shinesty will award the Prize to an alternate Winner from among all remaining eligible entries through an additional random draw.
- Prize, Approximate Retail Value (“ARV”), and Odds of Winning: Shinesty will award one winner a BruMate Brutank along with 24 pairs of paradICE™ cooling products. The Prize has a total ARV of up to $1,120. Terms and conditions of the Prize apply. The right to receive a Prize is non-transferable and no Prize substitution, exchange, or cash equivalent will be allowed, except that Shinesty reserves the right, in its sole discretion, to substitute the Prize (or any component thereof) for a different prize of equal or greater value if the Prize (or any component thereof) should become unavailable for any reason. Winner is responsible for all taxes and all expenses and fees associated with the Prize and the acceptance, receipt, and/or use thereof. Odds of winning the Prize depend on the number of eligible entries received. Each Submission will be equally weighted and have the same chance of winning. THE ARV FOR ALL PRIZES TO BE AWARDED DURING ANY SWEEPSTAKES PERIOD WILL NOT EXCEED $5,000 FOR ANY SWEEPSTAKES PERIOD. THE PRIZE IS OFFERED “AS IS” WITH NO WRITTEN, EXPRESS, OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO, QUALITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SHINESTY IS NOT RESPONSIBLE FOR REPLACING THE PRIZE (OR ANY COMPONENT THEREOF) AS A RESULT OF DAMAGE PRIOR TO, DURING, OR AFTER SHIPPING OR EVENTS BEYOND SHINESTY’S CONTROL. WINNER MUST LOOK TO THE APPLICABLE MANUFACTURER AND/OR SERVICE PROVIDER FOR ANY POTENTIAL WARRANTIES OR GUARANTEES.
- Release: By making a Submission, you agree to release and hold harmless Shinesty, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes, or receipt or use or misuse of any Prize (or any component thereof).
- Publicity: Except where prohibited, by completing a Submission, you grant to Shinesty the perpetual right to use, display, and otherwise exploit your name, image, photo, video, and any information you submit in connection with your Submission or claiming your Prize, including information submitted through any social media profile you operate (“Profile”). Except where prohibited, by accepting a Prize, you expressly consent to Shinesty’s use of your name, Profile, biographical information, photos and/or likeness, and statements for promotional purposes in any media, worldwide, in perpetuity, without further payment or consideration.
- General Conditions: By entering the Sweepstakes, you agree to be bound by these Official Rules and by all applicable laws and decisions of Shinesty, which will be binding and final. Shinesty reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Shinesty in its sole discretion. In such event, Shinesty, in its sole discretion, may select a Winner from among all eligible entries received up to the date of discontinuance. In the event of any conflict with any details contained in these Official Rules and details contained on Shinesty’s website, the details set forth in these Official Rules will prevail. Shinesty reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with a Submission, the Submission process, the operation of the Sweepstakes, or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SHINESTY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Shinesty’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
- Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by you or other entrants, or any errors caused by the programming associated with or utilized in a Submission or the Sweepstakes; (b) any failures, delays, or misdeliveries of the postal system, computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, interruptions, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion; (c) unauthorized human intervention in any part of a Submission (whether a General Entry or an Order Entry), the Submission process, or the Sweepstakes or the incorrect or inaccurate capture of such entry and/or Submission information, or the failure to capture, or loss of, any such information; (d) any technical, typographical, human, or other error which may occur in the administration of the Sweepstakes (including, without limitation, the processing of Submissions or notifying of potential Winners); (e) late, lost, undeliverable, damaged, or stolen mail; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes or acceptance, receipt, or use or misuse of the Prize. If for any reason your Submission is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, your sole remedy is another Submission in the Sweepstakes if it is possible. BY PARTICIPATING IN THE SWEEPSTAKES, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.
- Disputes: Except where prohibited, you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or the Prize awarded will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of you and Shinesty in connection with the Sweepstakes, will be governed by, and construed in accordance with the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Colorado.
- Winner List: For a list of the Winner(s), write your name and address on a 3”x 5” card, with proper postage affixed to an envelope or pre-paid shipping, and mail it to the following address: Shinesty, Inc., 2930 Umatilla St. #400, Denver, CO, 80211. Winner list requests will only be accepted following the end of the Sweepstakes Period and requests must be received no later than thirty (30) days thereafter.
- Social Media Accounts: The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Facebook, Instagram, or Twitter or any other social media provider. You hereby release all such social media providers of any liability associated with the Sweepstakes. You understand that any Sweepstakes-related information that you are providing through any such social media provider, you are also providing to Shinesty.