Share the Magic & Get Rewards
PLEASE READ THE FOLLOWING KITCHEN MAGIC REFERRAL REWARDS PROGRAM TERMS AND CONDITIONS ("PROGRAM TERMS") CAREFULLY BEFORE PARTICIPATING IN THE REFERRAL REWARDS PROGRAM (THE "PROGRAM"). PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL PROGRAM TERMS.
Existing customers of Kitchen Magic whose accounts are in good standing are eligible to participate in the Program. Kitchen Magic will compensate you via check based on the number of qualified referrals that you provide to Kitchen Magic who complete free in-home consultations for their kitchens or become active Kitchen Magic customers, as further specified below.
Kitchen Magic will make all determinations regarding participation in the Program. Kitchen Magic reserves the right to terminate your participation in the Program or cancel the entire Program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Any written notices required or permitted to be given by Kitchen Magic hereunder may be delivered by email. By participating in the Program, you consent to delivery of all Program-related notices and information by email to the email address you have registered for your Kitchen Magic Referral Rewards account and acknowledge that you have the necessary equipment (hardware and software) to receive and read such emails.
Qualified referrals must (i) be new contacts or new customers to Kitchen Magic: for purposes of the Program, "new contact" does not include either (1) a person who is a current or pending customer of Kitchen Magic or (2) a person who has inquired of Kitchen Magic’s services within the 90 days immediately prior to the date a Kitchen Magic Referral Rewards email invitation was generated by the Kitchen Magic Referral Rewards Program to that person; (ii) satisfy all Kitchen Magic enrollment requirements; (iii) enroll with Kitchen Magic online by linking to the Kitchen Magic website through the email or personal link generated by the Kitchen Magic Referral Rewards Program from your Kitchen Referral Rewards account (enrollments from emails or links not generated by the Program are not eligible); and (iv) have "cookies" enabled on the computer from which the enrollment is executed. (v) be a homeowner (vi) reside in one of our specific service areas located only within CT, DE, MA, NH, NJ, NY, PA & RI.
Eligible participants will be issued a check for each qualified referral. The amount of such check will be determined based upon Kitchen Magic’s current offer at the time of the applicable qualified referral's enrollment with Kitchen Magic. The reward amount Kitchen Magic is offering may be changed by Kitchen Magic at any time prior to enrollment of a qualified referral without. The Kitchen Magic Referral Rewards program page in your Kitchen Magic’s Referral Rewards account will contain up-to-date information regarding Kitchen Magic's then current offered rewards. The checks will be mailed to address registered to your Kitchen Magic Referral Rewards account within 60 days following Kitchen Magic's determination that a qualified referral has met all requirements. By participating in the Program, you agree that Kitchen Magic shall make the final determination as to whether any referral meets all requirements to be considered a qualified referral. Participants in the Program shall be limited to a total incentive equal to $1,100.00 per calendar year. $1,100.00 includes all bill credits (if applicable) earned through the Kitchen Magic Referral Rewards program as well as all monetary rewards earned through any Kitchen Magic special customer promotion during the applicable calendar year. From time to time, Kitchen Magic may offer limited-time promotions which provide for increased incentive payments. They are subject to change without direct notice to you by updating the information on the Kitchen Magic’ Referral Rewards FAQ page in your Kitchen Magic Referral Rewards account.
Kitchen Magic will provide you with access to the Program, which you may use to track your referrals and payment determinations with respect thereto; provided, that your use of the Program is strictly subject to the Program Terms. Kitchen Magic will update the Program with your account information periodically, including setting forth the email addresses to which you have sent an enrollment request email and whether a particular referral is a qualified referral (indicating that a check will be issued). Kitchen Magic is not obligated to release to you the reasons why a particular referral has not been deemed a qualified referral.
Kitchen Magic complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving Kitchen Magic marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving Kitchen Magic marketing emails, you will be advised that the email address is not eligible to be sent a Kitchen Magic Referral Rewards Program email.
In connection with your participation in the Program, you may receive confidential and proprietary information of Kitchen Magic, including sensitive customer data ("Information"). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the Program.
Your participation in the Program does not authorize you to act on Kitchen Magic’s, its parent's or their respective affiliates' behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Kitchen Magic, its parent or their respective affiliates. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that Kitchen Magic is not directing how you perform your obligations hereunder.
Other than with respect to materials provided to in connection with your participation in the Program, your status as a participant in the Program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Kitchen Magic, its parent or their respective affiliates.
By participating in the Program, you agree to and will indemnify and hold Kitchen Magic, its parent and their respective affiliates harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys' fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Program Terms.
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER KITCHEN MAGIC, ITS PARENT NOR ANY OF THEIR RESPECTIVE AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL KITCHEN MAGIC, ITS PARENT OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF KITCHEN MAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Program Terms may be altered, changed, modified or assigned by Kitchen Magic at any time by providing notice to you. Your participation in the Program at any time after Kitchen Magic provides you such notice of changes will constitute your agreement to such changes.
These Program Terms are in addition to and do not in any way limit or alter Kitchen Magic Referral Rewards terms other terms and conditions or agreements pursuant to which Kitchen Magic allows you to participate in the Program and/or use Kitchen Magic Referral Rewards account.
By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of Pennsylvania without regard to the conflict or choice of law rules thereof. The federal and state courts located in Pennsylvania shall have jurisdiction over any dispute arising hereunder and by participating in the Program you consent to same.
You may not assign the right to participate in the Program to any other party. Kitchen Magic may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. Kitchen Magic shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and executed by an authorized representative of Kitchen Magic. No delay or omission by Kitchen Magic in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
© 2016 KITCHEN MAGIC, INC. All rights reserved.