These Kapow Referral Program Terms and Conditions (these "Terms") shall govern the referral status (the "Referral Program") offered by Kapow Events, Inc. ("Kapow") to certain Kapow customers (each a "Referral Member"). By participating in the Referral Program, the Referral Member accepts these Terms. The Referral Program allows Kapow customers to earn Kapow Points that can be used at Kapow partner sites (and only at Kapow partner sites) by referring friends and colleagues to Kapow. Referred friends and colleagues can also earn Kapow reward points (each a "Kapow Point") for booking an event with Kapow.
Kapow customers who have booked with Kapow on or after Jan 1st, 2015 can earn 100 Kapow Points for referring friends and colleagues to Kapow to book future Kapow events. A "Qualifying Referral" occurs when: (i) a referred friend or colleague books an event through Kapow with a unique referral code, (ii) the amount of the booked event exceeds $1,000 (before taxes and gratuity) and (iii) the referred friend or colleague is a new customer to Kapow. A "new customer" is a person that has not booked an event with Kapow since January 1st, 2016. Each new customer who books an event with Kapow will also receive 100 Kapow Points if the event is booked with a unique referral code and the amount of the booked event exceeds $1,000 (before taxes and gratuity). This is a limit of one (1) referral code per new customer. Kapow shall have the absolute and sole discretion to determine whether someone is a new customer and whether the qualifying referral conditions precedence have been satisfied. Some corporate policies may exclude some Kapow customers from eligibility. Individuals cannot refer themselves.
Each one (1) Kapow Point equals $1 that can be redeemed with Kapow partners, provided however that no Kapow Points will be awarded for service charges, taxes or gratuity. Use of Kapow Points is subject to the Kapow Points Terms and Conditions as posted on Kapow's website and as amended from time to time. Kapow Points cannot be redeemed for cash.
Referral Program participation and benefits are offered at the discretion of Kapow and Kapow has the right to terminate the Referral Program or to change the terms and conditions, rules, regulations, policies and procedures ("Program Rules"), benefits, conditions of participation, in whole or in part, at any time, with or without notice, even though changes may affect the program benefits offered and provided. The terms of the Program Rules control each Referral Member's participation in the Referral Program and no covenants at law or in equity shall be implied or incorporated. Kapow has the sole right to interpret and apply the Program Rules. Any failure to follow Program Rules, any abuse of Referral Program privileges, any violation of law, rule or regulation, any conduct detrimental to the interests of Kapow, any fraudulent activity or attempted fraudulent activity, or any misrepresentation of any information furnished to Kapow, may result in the termination by Kapow of a Referral Member's membership in the Referral Program, the loss or cancellation of Kapow Points, or the loss of other Referral Program benefits. Terminated Referral Members shall not be eligible to participate in any aspect of the Referral Program. Kapow reserves the right to reject applicants for membership in the Referral Program. Each Referral Member shall be responsible for remaining knowledgeable as to the Program Rules. No benefits earned or granted under the Referral Program may be transferred or assigned. All prior understandings and agreements regarding the Referral Program are merged into these Terms. No ambiguity in these Terms shall be construed against Kapow by virtue of Kapow's drafting these Terms. These Terms are solely for the benefit of Referral Member and Kapow and their respective successors and assigns. If any provision of these Terms is declared invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. These Terms and all matters arising out of, relating to or in connection with these Terms shall be governed by and construed in accordance with the laws of the State of Illinois. To the fullest extent not prohibited by applicable law, Referral Member agrees to indemnify, release and hold harmless Kapow and affiliates and partners from and against any and all claims, actions, losses, liabilities, damages, judgments, interest, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of, relating to, resulting from or in connection with Referral Member's participant in the Referral Program. To the maximum extent permitted by applicable law, no Referral Member has the right or authority and each Referral Member agrees not to have any dispute litigated on a class-action basis or to use class-action procedures and any trial of any claim hereunder will take place on an individual basis without resort to any form of class or representative action. These Terms may be revised or otherwise amended from time to time. The most current version of these Terms will be available on Kapow's website and will supersede all prior versions. Membership in the Referral Program, the awarding of Kapow Points and the redemption of Kapow Points are automatically void where prohibited by applicable law. Kapow is not responsible for payment of any applicable tax with respect to the redemption of Kapow Points.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER KAPOW NOR ITS AFFILIATES OR PARTNERS SHALL HAVE ANY LIABILITY REGARDING THE REFERRAL PROGRAM OR WITH RESPECT TO A REFERRAL MEMBER'S ACQUIRING OR LOSING KAPOW POINTS OR WITH RESPECT ANY CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND WITH RESPECT TO THE REFERRAL PROGRAM. IF, FOR ANY REASON, THE FOREGOING LIMITATION INVALID OR UNENFORCEABLE, THE SOLE AND TOTAL LIABILITY OF KAPOW REGARDING THE REFERRAL PROGRAM SHALL BE LIMITED, IN THE AGGREGATE, TO $100 PER REFERRAL MEMBER.