TERMS AND CONDITIONS

(Updated [Aug. 1], 2022)

1. GENERAL TERMS

Sunday Riley Modern Skincare, LLC (“Sunday Riley,” “Sponsor,” “Company,” “we,” “us,” or “our”) offers qualified participants, as defined below (“Members,” individually, a “Member” or “You”) the opportunity to participate in the Sunday Riley Community Loyalty Program (the “Program” or the “Rewards Program”).   

Through the Rewards Program, you may have the opportunity to earn points (“Points”) for purchasing product and entering product codes, reading newsletters, referring friends, creating and posting content, and other activities specified by Sponsor, and redeem them for rewards (“Rewards”), as further detailed in these terms and conditions (the “Terms and Conditions,” “Agreement” or the “Program Rules”), on Sunday Riley’s Sunday Community Facebook Page at https://www.facebook.com/groups/580230262852228 and other social media sites (individually, a “Social Media Site,” and together “Social Media” or “Social Media Sites”), and at the Sunday Riley website at www.SundayRiley.com (the “Website” or “Site”). These terms and conditions govern the Rewards Program and the Company’s relationships with Members of the Program.  Any reference to “you” or “your” in these Program Rules means the person enrolling in the Program. Your participation in the Program is expressly conditioned upon your compliance with this Agreement and with all present and future Program Rules, terms, regulations, policies, and procedures that Sponsor may, in its discretion, adopt from time to time. Program Rules are void where prohibited by law. All federal, state, and local laws and regulations apply.

BY ENROLLING IN THE PROGRAM, USING THIS SITE, AND/OR BY OTHERWISE PARTICIPATING IN ANY PROGRAM-RELATED ACTIVITIES OR INCENTIVES, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE PROGRAM RULES. IF YOU DO NOT WISH TO BE BOUND BY THESE PROGRAM RULES, INCLUDING COMPANY’S PRIVACY POLICY (LOCATED ON SPONSOR’S WEBSITE AT www.sundayriley.com/privacypolicy) AND COMPANY’S TERMS OF USE AGREEMENT (LOCATED AT https://sundayriley.com/pages/terms-and-conditions), WHICH ARE INCORPORATED HEREIN BY REFERENCE, AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS, YOU ARE NOT AUTHORIZED TO ENROLL IN THE PROGRAM OR USE THIS SITE IN ANY WAY.

Sponsor has the sole discretion to interpret and apply the Program Rules, and all questions or disputes regarding these Program Rules will be resolved by Sponsor in its discretion. Neither the Program nor any Reward or benefit offered by the Program creates, constitutes, or gives rise to any legal or contractual rights by Members against Sponsor and/or its subsidiaries or affiliates.

2. MEMBERSHIP/ELIGIBILITY

The Program is offered only to (a) individuals who are at least 18 years of age or older or have reached the age of majority (whichever is older), in their state, province, or territory, as of the time of entry (each an “Eligible Member” or “Member” or “You”), and (b) who are current members of the Sunday Community Facebook Group (“Group”). Residents of a country or jurisdiction which is located on, restricted, or sanctioned by the U.S. Treasury Department’s Office of Foreign Assets Control Sanctions Program list, available here, are excluded from eligibility and participation in this Program. If you aren’t yet a member of the Sunday Community Facebook Group, you can request to join here. In order to join the Sunday Community Facebook Group, you must have an active Facebook account in good standing. If you do not yet have a Facebook account, you can create one for free at www.facebook.com. Employees, officers and directors of Company and its affiliates and subsidiaries, as well as sales representatives, suppliers, distributors, consultants, advertising, public relations, promotional, fulfillment, and marketing agencies or contractors of any of the above organizations, including any entities engaged in the development, execution or fulfillment of this Rewards Program, together with the immediate family members and persons living in the same household as such individuals, are not eligible to participate in this Rewards Program or any related sweepstakes or incentive. Company reserves the right to limit the number of Members in the Program.  If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Rewards Program.

To enroll in the Rewards Program, you must have a device that is capable of accessing the Internet in order to access and use the Rewards Program and complete the following steps:

1. First, you must have an active Facebook Account. If you do not have a Facebook account, you can sign up for free at Facebook.com.
2. Second, you must join the Sunday Community Facebook Group; eligible individuals can request to join the Sunday Community Facebook Group here. The Sunday Community Loyalty Program is offered exclusively to members of the Sunday Community Facebook Group; if you are not a member of the Sunday Community Facebook Group, you will not be eligible to join the Sunday Riley Community Loyalty Program.
3. Third, you must enter all required information at the Sunday Riley Sunday Community Loyalty Program Enrollment Page, available here, to complete your enrollment.

Upon successfully joining the Sunday Community Facebook Group and completing and submitting the required Sunday Riley Community Loyalty Program Enrollment form, you will be enrolled in the Rewards Program, subject to Company review. After your Membership Account is created, and subject to final approval and, if necessary, verification of your Account, you will become eligible to participate in the Program and earn Points to obtain Rewards.

Limit: One (1) Rewards Program Account per person, Facebook account, and/or email address.  You must be legally competent to enter into contracts to register with the Program, and only individuals are eligible for Rewards Program Membership (“Membership”), and each individual Member may maintain only one Membership Account (“Membership Account” or “Account”). Corporations, groups and/or associated entities cannot enroll as Rewards Program Members.  If more than one Membership Account is created by an individual, he/she will only receive points for the Account that was created first, using the Facebook account that was created first. Any duplicate Memberships or accounts will be canceled by Company and all points accumulated in that Account will be void and forfeited.

Each Member is solely responsible for all activities that occur under his/her/their Account and for maintaining the security of his/her/their log in credentials. You are responsible for protecting your Facebook User ID and any other Social Media or other User IDs used in participating in the Program. If your User ID(s) are compromised, you agree to immediately inform Company. Members must not disclose log-in credentials to any third party for any reason. Company will not be liable for any loss or damage of any kind arising from a Member’s failure to comply with the requirements of this paragraph or any Member responsibilities under the Program Rules.

3. PARTICIPATION
   1. EARNING POINTS 

Once a Member has completed the enrollment process, he/she/they may begin “earning” points (“Points”) through participation in the Program by engaging in or achieving certain specified qualifying tasks, activities, and/or milestones (each, a “Qualifying Activity”). Actions taken prior to enrollment are not eligible to earn Points. For each Qualifying Activity completed, the Member will receive a pre-determined and pre-announced number of Points (“Point Value”), as determined by Company in its sole discretion.  Qualifying Activities will be announced on the Sunday Community Facebook Group.  From time to time, Company may also sponsor contests, sweepstakes, or other promotions (“Promotions”) in connection with which it will identify certain actions and Social Media sites in the applicable Official Rules. 

By way of example, Qualifying Activities may include, but are not limited to:

*Badges are awarded by Facebook based on user engagement. So, according to Facebook’s criteria, “Top Contributor” badges are awarded to Members who make and receive the greatest number of posts, comments, and likes, while “Conversation Starter” badges are given to “those who create meaningful conversations and receive the most likes and comments.” While Sunday Riley does not control the award of Facebook badges, we receive a monthly report from Facebook showing which Members have received badges during the prior month and award Points based on that report.  All Points will be awarded the month following the month that the badge(s) is/are received.       

Other activities may also be listed on the Sunday Community Facebook Group, and specific tasks that may earn Points at any time and the amount of Points that the particular task is worth will be set forth either in these Program Rules and/or within the Sunday Community Facebook Group post.  This list may be updated from time to time with additional activities and tasks; Members should check back for new tasks.

Sponsor reserves the right in its sole discretion, at any time during the duration of this Rewards Program, to change the number of Points awarded, or to award no Points, for any particular Qualifying Activity, to offer additional or new Qualifying Activities for a limited time or permanently, to delete any or all means to earn Points, to limit the number of times a Member may earn Points for engaging in a Qualifying Activity or engaging in the activity during a specific time period, or to offer Points-earning opportunities to select groups of Members.  Points are non-transferable, have no cash value, and may not be sold or assigned or exchanged for any value.  Points may only be used to participate in the Rewards Program, and a Member’s Points will expire if a Member’s Account is cancelled for any reason, after a year of inactivity, or if the Program is terminated.

1. POINTS CALENDAR

The Loyalty Program is an annual program, and runs from August 1^st of a given calendar year (“Year A”) until July 31^st of the following calendar year (“Year B”) (together, “Loyalty Program Term”). All Member’s Points will be reset to zero as of July 31^st of a given calendar year, and Points will not roll or carry over beyond July 31^st.  

1. LOYALTY MEMBERSHIP TIERS

Points earned by Members are cumulative on a month-to-month basis, and the total number of Points that a Member has earned between August 1^st of a calendar year (Year A) and July 31^st of the following calendar year (Year B) will indicate which of the three Loyalty Membership Tiers a Member will belong to for the following Loyalty Program Term. Members who earn between 0 and 399 Points during a Loyalty Program Term will fall within the “Good Genes Go-Getter” tier for the following Loyalty Program Term. Members who earn between 400 and 749 Points during a Loyalty Program Term will fall within the “A+ Lister” tier for the following Loyalty Program Term. Members who earn 750 Points or more during a Loyalty Program Term will fall within the “C.E.O.” tier for the following Loyalty Program Term.  Points earned will be viewable via the monthly Loyalty Program email sent by Sunday Riley; requests for Points and tier status may be sent to community@sundayriley.com.

Members of each of the three Loyalty Membership Tiers will be eligible to receive the Rewards described in SECTION 4, “REWARDS”, BELOW, for the following Loyalty Program Term.

1. RULES AND LIMITATIONS FOR QUALIFYING ACTIVITIES

When posting Member Content or otherwise engaging in Points-earning activities, Members must comply with certain rules and restrictions for Qualifying Activities, including the Federal Trade Commission’s  (“FTC’s”) Guides for the Use of Endorsements and Testimonials in Advertising and the terms, conditions, community guidelines and any other requirements and limitations imposed by the respective Approved Sites. This includes, but is not limited to, Facebook’s Community Standards, available here, Instagram’s Community Guidelines, available here, and TikTok’s Community Guidelines, available here. Members’ Accounts and activities in connection with this Rewards Program, including any and all Tweets, re-Tweets, posts, comments, photos, reviews, updates and other content uploaded to the Site, the Website or any Approved Sites in connection with this Rewards Program (“Member Content”) are subject to these Program Rules, including the specified limitations and exclusions below, and any Member engaging in activity that violates the law, these rules, or the Program Rules in connection with the Rewards Program will have their Accounts cancelled and any Points or Rewards due to him/her/them will be forfeited.

• Any statement by a Member about a product or service offered by Company and its subsidiaries or affiliates, or by any of Company’s competitors or any third party, must be truthful, accurate and substantiated. Misrepresenting the benefits of a product is prohibited and may result in cancellation of the Member’s Account and forfeiture of any Rewards due to him/her/them.
• Members must disclose that they are participating in this Rewards Program or any related Promotion (if applicable) in any social sharing interaction, product review, video, post, or other Social Media Activity that references the Rewards Program or a Promotion, or is used to earn Points in connection with this Rewards Program or a Promotion. At a minimum, the hashtags #SundayRileyLoyaltyProgram and #Posting4Points should be included in all social media communications sent pursuant to the Rewards Program or Promotion, in addition to any other hashtag as may be specified by Sponsor. This is true whether the Member receives Points, Rewards or any item of value (including free product or compensation of any type).  Sponsor reserves the right, in its sole discretion, to disqualify any Member who does not adequately disclose his/her/their participation in the Rewards Program or a Promotion while interacting with the Approved Sites.
• Member Content must be publicly available.  For example, Member Content is not eligible to accrue Points if a Member shares it via a Twitter account (or an account on another social sharing platform) which is locked or set to a private option (where a user must approve all follow requests and/or Member Content is distributed to fewer than twenty-five (25) followers). 
• Member Content must comply with these Program Rules and the terms applicable to users of each social media platform to which it is submitted, and must be submitted by the registered subscriber of the applicable social media platform account, to which the Member Content is uploaded.

Inappropriate online social media content posted in connection with the Rewards Program is prohibited, and Company has the sole discretion to determine what constitutes inappropriate social media activity and delete such inappropriate or prohibited content. 

• Member Content must be in English and must not include gibberish, nonsense keywords, random characters or hyperlinks to sites or content unrelated or not relevant to Sponsor or its business.
• Member Content must not be intended to promote your or another person’s or company’s business activities;
• Member Content must not be derogatory or include profane or vulgar language or personal attacks.  Sponsor will not tolerate hateful or discriminatory speech, inappropriate language, or abusive activity if any kind. Member Content must not include words or graphics that are offensive, lewd, hateful or defamatory of any person or group, or include any elements or gestures that, as determined by Sponsor, in Sponsor’ sole discretion, are negative, obscene or inappropriate.
• Member Content: (a) must not contain any material that violates or infringes a third party’s rights, including moral rights, rights of privacy, publicity or intellectual property rights; (b) has not been submitted previously in any promotion of any kind or exhibited or displayed publicly through any means or media; (c) must not identify, reference or depict any third party, team, franchise or brands, products or services, including by means of prominent trademarks (including words, logos or designs), other than those owned by Sponsor, unless express consent has been granted. All third-party content and content unoriginal to you, other than content provided by Sponsor, is prohibited.
• Members operating multiple accounts at a single social media site or other website or platform, whether in their name or handle or using alternative names or handles, will be in violation of these Program Rules. For example, if a Member operates and uses multiple fake Twitter accounts to share or re-tweet Member Content, the Member will be disqualified from this Program.  Use of fake Approved Site and/or social media accounts, or accounts not registered to the Member using them for this Rewards Program, is prohibited, as is creation of fake Members in order to obtain referral or recruitment Points, via electronic or manual efforts or otherwise.
• “Spamming” the Sunday Community Facebook Group, the Website, or any other social media platform with repeat or excessive posting for the purpose of gaining more Points may lead to your disqualification from that month’s Rewards and/or your Rewards Program account may be suspended or deactivated, at Sponsor’s discretion.
• No robotic, software-generated, other automated, purchased, or incomplete Qualifying Activities will earn Points.  Gaming, fraud, or abuse relating to the earning of Points may result in penalties ranging from forfeiture of accrued Points to termination of a Member’s account and/or this Rewards Program, in Sponsor’s sole discretion.
• Member Content that, in Sponsor’s opinion and discretion, is posted in order to manipulate any applicable leaderboard in a Promotion, the results of any Promotion operated by Sponsor, the Rewards Program, other Sponsor engagement programs, and/or programs run on Approved Social Media Sites, whether to boost the popularity of a Member’s own Member Content or to diminish the popularity of other Members’ Member Content, will disqualify the Member from this Rewards Program, any Points or other benefits earned will be forfeited, and Member may be terminated, in Sponsor’s sole discretion.
• Any leaderboard or other publication of Sponsor providing unvalidated, interim standings between Members in connection with a Promotion is provided for informational purposes only. A Member is not a winner of any Points, Reward, prize or other benefit, even if a leaderboard should so indicate, unless and until the Member’s eligibility and Qualifying Activities have been verified and confirmed under these Program Rules and the terms and conditions of any applicable Promotion.
• If a friend or follower likes, comments on or retweets the same Approved Site post multiple times, you will earn Points only for the first action the friend or follower takes with respect to a particular post or update. No Points are earned if a Tweet, comment or shared item is more than 2 weeks old at the time a friend or follower re-Tweets it, likes it or comments in response to it.
• Member Content posted on Facebook, Twitter, Instagram, TikTok or any other Approved Site (or any other actions on that Approved Site) that are either first posted and then deleted, or first liked and then unliked, will not earn Points and will disqualify the posting Member.

In the event of a dispute over the identity of a Member, the Member will be deemed to be the authorized account holder of the e-mail address identified at the time of enrollment into the Rewards Program. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, social sharing site) that is responsible for assigning e-mail addresses for the domain associated with the applicable e-mail address.

Member represents and warrants that his/her/their Member Content: (a) (other than content originally shared by Sponsor with Member) is Member’s own original work, and does not contain any material that violates or infringes another’s rights, including moral rights, rights of privacy, publicity or intellectual property rights; (b) has not been submitted previously in any promotion of any kind or exhibited or displayed publicly through any means or media; (c) if a photograph, depicts Member only (if at all), or if it depicts a third party, that third party has provided written consent to be included; and (d) does not identify, reference or depict any competing team, franchise or brands, products or services, including by means of prominent trademarks (including words, logos or designs), other than those owned by Sponsor.  All third-party content and content that is not original to the Member posting that content, other than content provided by Sponsor, is prohibited.

4. REWARDS/REDEMPTION

Rewards will be available to Members based on their Loyalty Membership Tier, as follows:  

*Upon signing up and registering for the Loyalty Program, Members are automatically eligible to receive a birthday gift during the month of their next birthday. Birthday gifts will not be awarded retroactively for that calendar year; to receive a birthday gift for the current year, Members must be enrolled at least one (1) month prior to the month of a Member’s birthday, and must provide a valid shipping address, email address and phone number. Birthday gifts will be sent directly to eligible Members, to the address provided at the time of registration, during the month following the month of a Member’s birthday.

Company may add, change or remove any Reward at any time and without notice. Additional Rewards may include, but are not limited to coupons, sweepstake entries, partner offers and discounts, and products. Rewards may vary and are subject to availability. Company reserves the right to change, modify, or otherwise alter the requirements to redeem a Reward at any time and without notice.  

Company and/or the Reward providers may modify, terminate, or remove any Reward, the requirements for earning Rewards, and/or the terms and conditions applicable to any specific Reward at any time and without notice. Rewards may vary depending on the Program Rules at the time of access, and are subject to availability.

5. PARTNER AND THIRD PARTY OFFERS

Rewards, as well as promotions that may be offered from time to time, may include offers from our partners and third parties (“Partner Offers”). These Partner Offers may include, but are not limited to, sweepstakes, gifts, coupons and discounts for partner products and services. Taking advantage of these offers is optional. Each offer may be subject to unique additional terms and conditions imposed by the partner. Partner Offers may include discounted subscription services or subscription services that are free for a limited time. These subscription services may require affirmative cancellation to prevent repeated billing. Company does not have control over the terms of these Partner Offers and is not liable for the actions of those partners; it is the Member’s responsibility to read carefully and comply with any terms and conditions imposed in connection with a Partner Offer.  

6. MEMBER CONTENT: INTELLECTUAL PROPERTY AND PROHIBITED USES 

1. Disclaimer. The Loyalty Program offers an opportunity for Members to post or link media, text, audio and video recordings, photos, graphics, commentary or other information or Member Content, and to host and/or share such Member Content. Member Content does not reflect the views and opinions of Sponsor, its agents, affiliates and/or subsidiaries. Sponsor makes no representations that your Member Content will remain available via the Site in any way. We may remove your Member Content at our sole discretion. YOU UNDERSTAND THAT ANY MEMBER CONTENT THAT YOU POST AS THE MEMBER FOR VIEWING ON THE SITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE SITE, AND SPONSOR DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH MEMBER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH MEMBER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED. 

1. Grant of Rights. By submitting Member Content to Sponsor, you hereby grant Sponsor a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your Member Content in connection with the Site and Sponsor’s (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant Sponsor, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such Member Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Member Content. You also hereby grant to each User of the Site a non-exclusive license to access your Member Content through the Site, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such Member Content as permitted by the functionality of the Site and these Terms. The above licenses granted by you in Member Content you submit to the Site shall be perpetual and irrevocable, except that with respect to any Member Content that you have removed or deleted while maintaining your Site user account, or any Member Content following any deactivation or deletion of your Site user account, you may specifically notify Sponsor regarding the termination of the foregoing license from you to Sponsor, specifically identifying the item(s) of Member Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to Sponsor. You understand and agree, however, that even following such termination, Sponsor may retain, but not display or perform, server copies of such Member Content. Notwithstanding anything to the contrary herein, the above licenses granted by you in Member Content you submit are perpetual and irrevocable.

1. Your Representations and Warranties Regarding Member Content. You shall be solely responsible for your own Member Content and the consequences of posting such Member Content. In connection with Member Content, you affirm, represent, and/or warrant that: (i) your Member Content is not confidential or secret; (ii) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Sponsor to use, all patent, trademark, copyright, or other proprietary rights in and to any and all Member Content to enable inclusion and use of Member Content in the manner contemplated by Sponsor and these Terms, and to grant the rights and license set forth in this Section; (iii) your Member Content, Sponsor’s use of such Member Content pursuant to these Terms, and Sponsor’s exercise of the license rights set forth in this Section, do not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person, or (C) violate any applicable law or regulation; (iv) you have no expectation of compensation or confidentiality of any nature with respect to your Member Content and we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to your Member Content; (v) you shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, your Member Content or its posting on, or submission to, the Site, and/or your violation of these Terms or your representations and warranties hereunder; and (vi) you will cooperate as fully as reasonably required in the defense of any such claim or action; however, Sponsor reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

1. Prohibited Uses of Member Content. Except as otherwise permitted by these Terms, in connection with your Member Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Site: (i) any falsehoods or misrepresentations that could damage Sponsor or any third party; (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) advertisements or solicitations of your or third party business, products, or services; or (iv) any material that would be harmful to minors in any manner.

1. No Responsibility for Member Content. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, Member Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Members or users of the websites with respect to such Member Content.

1. Non-Sponsor Content Disclaimer. You understand that when using the Site you will be exposed to Member Content, advertising and other third party content (together, the “Non-Sponsor Content”) from a variety of sources and that you may be exposed to Non-Sponsor Content that is inaccurate, offensive, indecent, or otherwise objectionable. Sponsor does not endorse any Non-Sponsor Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Sponsor be liable in any way for or in connection with the Non-Sponsor Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-Sponsor Content, any intellectual property infringement or misappropriation with regard to any Non-Sponsor Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Sponsor Content posted, emailed or otherwise displayed or transmitted through the Site.

1. Non-Monitoring of Member and Non-Sponsor Content. You understand that you, and not Sponsor, are entirely responsible for all Member Content that you upload, post, e-mail, transmit or otherwise make available through the Site. Sponsor does not control Non-Sponsor Content posted by Members or otherwise made available by other persons or entities and does not have any obligation to monitor such Non-Sponsor Content for any purpose. If at any time Sponsor chooses, in its sole discretion, to monitor the Non-Sponsor Content, Sponsor nonetheless assumes no responsibility for the Non-Sponsor Content, no obligation to modify or remove any inappropriate Non-Sponsor Content, no obligation to continue to monitor the Non-Sponsor Content and no responsibility for the conduct of the Member or other person or entity submitting any such Non-Sponsor Content. You agree that you must evaluate, and bear all risks associated with the use of any Member Content or other Non-Sponsor Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such Member Content or other Non-Member Content.

1. Removal of Non-Sponsor Content. Sponsor and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-Sponsor Content that is available on the Site in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.

7. PROGRAM ACKNOWLEDGEMENTS

By enrolling in this Rewards Program, each Member acknowledges and agrees that:

• Points and Rewards are not valid unless earned in strict compliance with the requirements of these Program Rules and the Official Rules of any applicable Sponsor Promotion, as interpreted and applied by Sponsor, and Members shall not attempt to earn Points and Rewards by any means (including without limitation, by using any script, bot, or other automated means) that only simulates compliance with the applicable requirements. Sponsor’s determination of the number of Points and Rewards available to any Member hereunder shall be final and binding for all purposes.
• Points and Rewards have no cash, trade, or barter value. Members have no ownership interest in accrued Points and Rewards, and Points and Rewards are not the property of Members. There may be a delay before Points appear in a Member’s account after a Qualifying Activity has been completed, and Members shall have no claim against Sponsor based on failure of Points or a Reward to appear in a timely manner.
• Points and Rewards may only be earned in connection with these Program Rules and any of the rules of any Sponsor or third party promotions that may be offered in connection with the Program, and may not be redeemed by, or sold, exchanged, shared (electronically or otherwise), or otherwise transferred to any other Member or to an account for any other Rewards Program.
• Sponsor’s ability to accurately allocate Points to a Member’s account based on Qualifying Activities performed at Approved Sites may be restricted by the terms, conditions, or guidelines of such Approved Sites or the settings of Member and Sponsor will have no liability to a Member for such limitations on Points earnings.
• To the extent Members engage in any Qualifying Activity to earn Points and use text messaging or data/internet use in connection with this Rewards Program, you acknowledge that text messages and data/internet use will or may be charged in accordance with your carrier’s standard text message and data rates.  Contact your carrier and/or Internet access provider for pricing and details. All charges are the responsibility of the Member.
• This Rewards Program is not sponsored by, affiliated with, or endorsed by Meta, Inc., Facebook, Inc., Twitter, Inc., Instagram, Inc., or ByteDance, Ltd., their respective successors or any other owner or provider of a social sharing network at which Qualifying Activities earning Points may be completed.  No robotic, software-generated, other automated or incomplete Qualifying Activities will earn Points or Rewards.  Gaming, fraud or abuse relating to the earning of Points may result in forfeiture of accrued Points and/or Rewards, as well as termination of a Member’s account and/or this Rewards Program, in Sponsor’s sole discretion.  In addition, Sponsor reserves the right to take legal action, including criminal prosecution, as Sponsor deems necessary, in Sponsor’s sole discretion.

8. TERMINATION/CANCELLATION

With the exception of individual Sweepstakes and Promotions, which shall have start and end dates as set forth in the official rules for the individual Sweepstakes and Promotions, the Rewards Program has no predetermined termination date and may continue until such time as Company, at its sole discretion, elects to designate a Program termination date. Company reserves the right, in its sole discretion and without notice, to terminate, cancel or expire the Program, in whole or in part, or an individual Member’s enrollment in the Program for any reason and at its sole discretion, with or without cause. “Termination” shall be defined as ending the Rewards Program, with no further ability to earn Points and/or redeem Rewards by any Member in the Program; the Program has not been terminated if a replacement/successor program is made available to the Program Members that offers the Members a reasonable means to earn Points and redeem Rewards. “Cancellation” shall be defined as the expiration or revocation of an individual Member’s Membership, for any reason, with or without cause.  Termination and Cancellation may result from violation of any of the terms and conditions of this Agreement and/or fraudulent or unauthorized use of the Member Account. Members may cancel participation in the Program and/or request not to be communicated via mail by notifying community@sundayriley.com. If Company terminates this Agreement and/or a Member’s use of the Account without cause, a Member will be notified via email and will have sixty (60) days from the date of Termination or Cancellation to redeem any Awards associated with his/her/their Account.  Upon termination of the Rewards Program for whatever reason and expiration of the 60 day period, all Points will become null and void and will not be redeemable for any Reward, good, service, or any other value, financial or otherwise. Points are non-transferable, have no cash value, and may not be sold or assigned or exchanged for any value; they may only be used to participate in the Rewards Program.  In the event this Agreement is terminated, this Part shall survive in accordance with its terms. 

Company reserves the right to reject, revoke, cancel or suspend any Membership, Reward, Program, promotion, and/or any and all unredeemed Points, or take any other Program-related action at its sole and absolute discretion, at any time with immediate effect and without written notice or liability to any Member, if Company believes: (a) the Member has (1) violated any of the Program Rules; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Rewards Program; or (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Rewards Program, Company or its Members or employees; or (b) Company’s provision of the Rewards Program and/or any associated benefits (including but not limited to Points, sweepstakes, coupons, and product samples) to Member(s) may violate any applicable laws to which Company is subject. Membership in the Program may be revoked at any time. In the event that a Member fails to comply with these Program Rules or the Official Rules of any Promotion, Sponsor reserves the right to terminate or cancel the Member’s Account and/or invalidate a Member’s Points and/or Rewards in addition to seeking any and all remedies available under the law. Upon termination of a Member’s Account for any reason, all Points and Rewards will become null and void, regardless of when or how they were acquired by such Member.

Company reserves the right, in its sole discretion and without notice, to expire a Member’s enrollment in the Program after twelve (12) months of account inactivity.  All accrued Points and Rewards will be lost if the Membership expires or is cancelled. 

If you are registered for an account with this Rewards Program and want to cancel your Membership or stop participating, you may notify us of your wish to cancel unsubscribe from future Loyalty Program emails and messages by following the directions to unsubscribe provided in the most recent email or message received.  

9. ADDITIONAL TERMS AND CONDITIONS

1. PROGRAM UPDATES; MEMBER COMMUNICATIONS

From time to time, Rewards and other information will be updated on the Sunday Community Facebook Page here. Please check the Sunday Community Facebook Group for the most up-to-date information and notices. Each Rewards Program Member is responsible for reading the Program Rules and any other communications from Company in order to understand his/her/their rights, responsibilities, and status in the Rewards Program, as well as the structure for earning Points and Rewards.  Company may amend the Program Rules at any time without notice.  By becoming a Member of the Program, Member agrees to receive advertising, marketing materials and other communications from Company as permitted by law. Name and address changes should be emailed to community@sundayriley.com. Any changes to your name and address that are not received and recorded by Sponsor may result in your failure to receive Rewards; please be sure to confirm receipt by Sponsor of any change in your personal information. Company is not responsible for communications, including Rewards, lost due to a change of address or other contact information.

1. TAXES

ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF REWARD ARE NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF WINNER. 

1. CAUTION AND WARNING

ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM, THE WEBSITE, OR ANY SOCIAL MEDIA SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be: (a) tampering with the operation of the Program, or with the Website or any other Social Media Sites relating to this Rewards Program; or (b) acting in violation of these Program Rules. Any attempt by a Member or any other person to deliberately damage the Website or undermine the legitimate operation of this Program may be a violation of criminal and civil laws; and should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ and experts’ fees) from any such entrant or other person to the fullest extent permitted by law, including seeking criminal prosecution.  Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation by a Member may subject that Member to termination of his/her/their Account and will affect eligibility for future participation in the Program.

1. MODIFICATION/TERMINATION OF PROGRAM

Member acknowledges that Company has the right to change, update, revise, limit, supplement and otherwise modify the terms of this Agreement and impose new or additional terms and conditions on Member’s use of the Account, at any time, at its discretion, with or without notice, even though such changes may affect the accumulation of Points or the ability to obtain Rewards.  Company reserves the right to change the Program Rules at any time in its sole discretion without prior notice to Member, including but not limited to: (i) the qualifications for membership; (ii) the value of Points earned by the Member; (iii) the number of Points needed to earn a Reward; and (iv) the Rewards available to be earned.  Each such modification will be effective upon either posting at the Website or notice to you.  Your continued participation in this Rewards Program following any such modifications constitutes your acceptance of such modifications and your agreement to be bound by these Program Rules, including the Terms of Use and the End User Terms, each of which are incorporated into these Program Rules by reference.  If you do not agree to any modification of these Program Rules, the Terms of Use or the End user Terms, as the case may be, your sole remedy is to discontinue your use of the Website and participation in this Rewards Program. It is important that you review these Program Rules regularly.  Sponsor may terminate this Rewards Program, in whole or in part, at any time.

1. LIMITATION OF LIABILITY AND RELEASE

BY ENROLLING IN THE PROGRAM, ACCUMULATING POINTS AND RECEIVING REWARDS, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO BE BOUND BY THESE THE TERMS AND CONDITIONS OF THE PROGRAM AND BY ALL APPLICABLE LAWS AND DECISIONS OF SPONSOR, WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE TERMS AND CONDITIONS; (C) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST SPONSOR, THEIR PARENT OR AFFILIATED ENTITIES, TWITTER, INC., FACEBOOK, INC., tiktok, inc., instagram, inc., or any other owner or provider of a social sharing network at which Qualifying Activities earning points may be completed, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) IN CONNECTION WITH THE WEBSITE, ANY REWARDS PROGRAM, INCLUDING ANY REWARD, AND (D) INDEMNIFY AND HOLD HARMLESS SPONSOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE SITE; (II) YOUR MEMBER CONTENT, INCLUDING SPONSOR’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY MEMBER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT. SPONSOR RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF SPONSOR. SPONSOR WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT. SPONSOR AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN ANY REWARDS PROGRAM, IN ANY ACTIVITY OR “CHALLENGE” AND/OR THE ACCEPTANCE OR USE OF ANY REWARD. BY PARTICIPATING IN THE REWARDS PROGRAM, OR THE USE OF ANY REWARD, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.  By enrolling in this Rewards Program, Member agrees for Member and Member’s heirs, executors, administrators and assigns, to release and hold harmless, and hereby releases and holds harmless, the Released Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever arising from or in connection with: (1) any unauthorized access to, alteration or use of Member’s account, transmissions or data, any material or data sent or received or not sent or received through this Rewards Program, (2) any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights; or (3) a Member’s acceptance, possession, grant, or use of any Points, prize or Reward, including without limitation, product failure or liability, personal injury, death and property damage arising therefrom. 

IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ALL MEMBERS AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF POINTS OR ANY REWARD OR PRIZE, AND/OR PARTICIPATING IN THE REWARDS PROGRAM, REWARDS PROGRAM-RELATED ACTIVITIES, INCLUDING SWEEPSTAKES, CONTESTS, AND OTHER ACTIVITIES, IN ANY WAY RELATED TO THIS REWARDS PROGRAM OR ANY PROMOTION OPERATED IN CONNECTION WITH THIS REWARDS PROGRAM, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY (A) MATTER BEYOND THEIR REASONABLE CONTROL, INCLUDING CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMICS, EPIDEMICS, WIDESPREAD ILLNESS, WEATHER, OR TERRORISM, OR (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Each Member understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, that new ideas are constantly being submitted to it or being developed by their own employees, and that many ideas may be competitive with, similar or identical to each other and/or Content that Member may submit as part of the Program in theme, idea, format, or other respects. Each Member acknowledges and agrees that such Member will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material, and that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Content Submission. Finally, each Member acknowledges that, with respect to any claim by Member relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Content Submission or other material submitted, the damage, if any, thereby caused to the applicable Member will not be irreparable or otherwise sufficient to entitle such Member to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the Member’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

1. DISCLAIMER OF ALL WARRANTIES

THIS REWARDS PROGRAM, INCLUDING, WITHOUT LIMITATION, POINTS AND REWARDS, AND ALL PROGRAM SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER SPONSOR OR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS REWARDS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS REWARDS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED; OR (F) ANY LEADERBOARD USED IN CONNECTION WITH THIS REWARDS PROGRAM OR ANY RELATED PROMOTION IS ACCURATE OR COMPLETE. A MEMBER’S USE OF THE REWARDS PROGRAM IS SOLELY AT THE MEMBER’S OWN RISK.

1. DISPUTES

Except where prohibited by law, Members (and former Members) agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Rewards Program or any Points, Rewards, or other benefits awarded hereunder shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Harris County, Texas; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Rewards Program, but in no event attorneys’ or experts’ 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 Program Rules, or the rights and obligations of the Member (or former Member) and Sponsor in connection with this Rewards Program, shall be governed by, and construed in accordance with, the laws of the State of Texas, United States without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

10. PRIVACY

For an explanation of Company’s practices and polices relating to the collection, use, and storage of Member personal information, please refer to Company’s Privacy Policy contained on the website at https://sundayriley.com/pages/privacy-policy. Company and its agents, affiliates, subsidiaries, representatives or service providers may use Members’ and/or referrals’ personal information for purposes of reward fulfillment and/or for future marketing by Company, such as to notify them of a product or promotion that Company thinks may be of interest.

11. CALIFORNIA USAGE

Notice for California Users: Under California Civil Code Section 1789.3, California users of the Sunday Riley website and services are entitled to receive the following information on how to resolve a complaint regarding the website and services or to receive further information regarding use of the website and services:

Complaints or requests may be submitted to Sponsor by using one (1) of the following methods:

By Email: hello@sundayriley.com

By Postal Mail: Sunday Riley Modern Skincare, LLC. 4444 Westheimer Rd, Ste G305, Houston, TX 77027.

12. CONTACT/QUESTIONS

For more information about the Program and/or Member Accounts, or if you have other questions, see the Sunday Community Facebook Group here, or email us at community@sundayriley.com.