Terms and Conditions
Ancestry.com DNA, LLC ("we" or "AncestryDNA") may, from time to time, offer users of the AncestryDNA service ("Service") the opportunity to refer friends to purchase an AncestryDNA test kit and offer rewards in connection with acceptance of the referrals subject to these terms and conditions (the "AncestryDNA Referral Program" or "Program"). Users of the Program who refer friends are called "Referrers". Individuals who receive a referral are called "Referred Customers." By participating in the Program, either as a Referrer or as a Referred Customer, you agree to use the Program in the manner specified in these Terms and Conditions (these "Terms") and are bound by these Terms. If you do not agree to these Terms in their entirety you are not authorized to participate in the Program in any manner. You may not participate in the Program where doing so would be prohibited by applicable law.
We reserve the right at any time and at our sole discretion to (A) terminate the Program; (B) modify or amend these Terms including the methods through which rewards are earned; and (C) disqualify you from participation in the Program.
In order to make referrals, you must submit personal information about yourself and any person you refer, such as name and e-mail address, as well as any information you choose to include in your message to such person, so that an email referral can be sent on your behalf. The personal information will be collected, processed and used in accordance with the AncestryDNA Privacy Statement, which can be found at http://dna.ancestry.com/legal/privacyStatement. In addition, personal information may be used by AncestryDNA to contact you with regard to the Program and you agree to receive email from AncestryDNA. You may unsubscribe from receiving emails for the Refer-a-Friend program at any time, using the unsubscribe link at the bottom of any email received.
2. How the Program Works.
To participate, click on the "Refer" button from the AncestryDNA website at dna.ancestry.com (you must be logged in to your account) and follow the on-screen instructions to refer friends, family or colleagues to the Service by entering their names and email addresses in the "Refer A Friend" box. When you refer a friend, you will be provided with a unique referral link ("Personal Link") that allows you to receive rewards for Qualified Referrals (see below) if you are fully compliant with these Terms. Referrer receives one (1) reward valued at ten US dollars (US $10) in the form of a $10 Amazon Gift Card (or e-certificate) for each verified Qualified Referral generated by Referrer. Referrers may refer a maximum of fifty (50) Referred Customers during the Program and may not earn more than five hundred dollars (US $500) in this Program. You will receive an email with your reward approximately 30-45 days after the Referred Customer completes their purchase of the AncestryDNA test kit. Once you become a Referrer, you may receive emails showing the status of your referrals.
A "Qualified Referral" means that all these conditions are met:
- Both the Referrer and the Referred Customer are (A) at least 18 years old; (B) separate individuals who are legal residents of the United States of America; and (C) NOT an employee of AncestryDNA or Extole, Inc. (the administrator of the Program; hereafter the "Program Provider"), or any of their subsidiaries, affiliates or promotional agencies. Only one Qualified Referral can be earned for each Referred Customer. If a Referred Customer purchases more than one AncestryDNA test kit using your Personal Link, the Referrer will only get credit for one (1) Qualified Referral. Any additional or subsequent purchases made by a Referred Customer will not be Qualified Referrals for the Referrer or any other Referrer.
- The Referrer disclosed to the Referred Customer that Referrer is eligible for a reward if they purchase an AncestryDNA test kit using the Referrer's Personal Link. If the Referrer does not clearly state this, it is a violation of these Terms and may result in the Referrer's immediate disqualification from the Program and forfeiture of any reward owed to the Referrer as a result of Referrer's participation in the Program.
- The Referred Customer completed the purchase of at least one (1) AncestryDNA test kit using the Referrer's Personal Link. If a Referred Customer purchases an AncestryDNA test kit using any other link or method, the purchase will not qualify as a Qualified Referral and the Referrer will not earn a Reward.
- The Referred Customer did not cancel the order and is shipped a test kit from AncestryDNA; and The referral and purchase are made in compliance with these Terms and applicable law.
All referrals and rewards are subject to verification in AncestryDNA's sole discretion. AncestryDNA's decisions with regard to the Program are final and binding, including decisions as to whether a Qualified Referral is verified. AncestryDNA may delay a reward for verification. AncestryDNA may also refuse to verify and process any transaction we deem, in our sole discretion, to be fraudulent, suspicious, in violation of these Terms, or believe will impose potential liability on AncestryDNA, its affiliates or any of their respective officers, directors, employees, representatives and agents. For example, you may not create multiple or fake accounts with AncestryDNA or participate in the Program using multiple or fake email addresses or identities.
By participating in the Program, you agree to: (A) defend, indemnify, release and hold harmless AncestryDNA, the Program Provider and their respective affiliates, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents associated with the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to your participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and (B) be bound by these Terms, the decisions of AncestryDNA and their designees (including the Service Provider), and AncestryDNA Privacy Statement.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE FULLEST EXTENT POSSIBLE BY LAW, ANCESTRYDNA'S, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100; AND (B) ANCESTRYDNA, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANCESTRYDNA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF, OR THE INABILITY TO USE, THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusions of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ANCESTRYDNA EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) ANCESTRYDNA MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
AncestryDNA shall not be liable for:
- Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
- Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
- Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program;
- Claims, demands, and damages in disputes among users of the Program; and
- Failure to provide the Program or supply any reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war.
AncestryDNA has no obligation to monitor the content provided by Users; however, AncestryDNA may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
Referrers agree not to use the Program to:
- Violate applicable law;
- Infringe the intellectual property rights of AncestryDNA, the Program Provider or any third parties;
- Stalk, harass, or harm another individual;
- Send messages containing obscene, profane, or otherwise inappropriate language;
- Impersonate any person or otherwise misrepresent your identity;
- Interfere with, disrupt or violate the Terms or servers or networks connected to the Program, or disobey any requirements, procedures, policies, or regulations of such networks;
- Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; or
- Initiate any bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in AncestryDNA's sole discretion.
Participation in the Program constitutes permission to AncestryDNA to use your first and last name, profile information, statements (including from the referral emails you sent under the Program), biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.
6. Content Ownership and Use.
The online platform and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between you and AncestryDNA, all Content is the property of AncestryDNA or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of AncestryDNA and is protected by copyright, trademark, and other laws. AncestryDNA authorizes you, subject to these Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use, for the sole purpose of referring friends and family to the Company, in accordance with these Terms. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications, regulations, and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it. The registered or unregistered logos, product and service names are or may be trademarks of AncestryDNA or its licensors (the "Marks"). Without AncestryDNA's prior written permission, and except as solely enabled by any link as provided by AncestryDNA or in accordance with the limited license set forth above, you agree not to display or use in any manner the Marks.
7. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.
Any and all disputes, claims and causes of action arising out of or related to the Program shall be resolved under Utah law (without reference to its conflicts of laws principles), and all participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Utah. Participants and AncestryDNA agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the online platform or Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Utah County, Utah. Participants covenant not to sue AncestryDNA in any other forum.
By participating in the Program, you acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
8. General Terms
These Terms constitute the entire agreement between you and AncestryDNA concerning your use of the Program. The failure of AncestryDNA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
If you have any questions about the program, please contact us by phone at 1 (800) ANCESTRY or online at http://help.ancestry.com/app/ask
* Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ®,™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.