Ladies' Home Journal Free Trial Promotion
Terms and Conditions for the Free Trial Promotion
If you are not currently a registered user on Kiva and have been invited by the Ladies' Home Journal to participate in the Free Trial Promotion (the “Promotion”) to make a free loan on Kiva between November 15, 2011, through January 30th, 2012, using promotional microloan credits, you may be eligible to participate in the Promotion, and your participation in the Promotion is subject to the following terms and conditions:
Invitee Terms and Conditions for the Free Trial Promotion
- The Promotion begins November 15, 2011, and ends at 11:59 pm Pacific Time on January 30, 2012. Kiva’s computer clock will be the official timekeeper for the Promotion.
- Supplies of promotional microloan credits for free trial loans are strictly limited and are available to be claimed only while supplies last. Receiving an invitation to participate in the Promotion does not guarantee that a free trial loan will be available by the time you choose to accept the invitation, register and attempt to make a loan on Kiva. Promotional microloan credits for free trial loans will be made available on a “first invited, first claimed” basis, so we encourage invitees to accept invitations and register to make a free trial loan as soon as possible during the Promotion period.
As the recipient of an invitation to join and make a loan on Kiva, you are eligible to make one (1) free trial loan on Kiva if:
- You are currently not a registered user and have not previously made a loan on Kiva;
- You register on Kiva as a new user via a Promotion invitation url link, within the Promotion period;
- You use an available promotional microloan credit during the Promotion period to make a loan via a Promotion invitation url link.
- No extension on time for usage of promotional microloan credits or replacement credits for free trial loans can be provided.
- An Invitee may make only one (1) free loan trial under the Promotion.
Treatment of Funds Upon Usage of A Promotional Microloan Credit:
- Free promotional microloan credits cannot be used for any other purpose other than making a microloan on Kiva. Such credit is not transferable and may not be exchanged. The value of such credit may not be substituted or exchanged for cash or other product or service.
- If you make a free trial loan on Kiva using a promotional microloan credit, you understand that any repayments on such microloan will not be returned to you, but will instead automatically be returned to a Kiva affiliate for future use to help further Kiva’s charitable mission or a sponsoring Kiva supporter. The maker of a free trial loan will not receive – and will not be entitled to – repayments made (if any) or any other reimbursement or consideration on such microloan. Furthermore, any automatic return of repayments to a Kiva affiliate from any loan you make with promotional microloan credit funds does not qualify as a charitable donation to Kiva. No replacement credits can be offered (and no other compensation will be provided), including without limitation, in the event a free trial loan is refunded, becomes delinquent, or defaults.
- Any applicable Federal, state and local taxes with respect to the promotional microloan credit is the sole responsibility of the recipient. Any additional costs incurred in claiming the Kiva promotional microloan credit are the user’s sole responsibility.
- All determinations with respect to eligibility to participate in the Promotion as an Invitee (including, but not limited to, the ability to make a free trial loan through promotional microloan credits) under this Promotion shall be made solely by Kiva in its discretion and all Kiva determinations and decisions shall be final. Any individual determined to be using multiple emails under this Promotion (whether to make multiple free loans or otherwise) will be immediately disqualified from this Promotion without notice.
- The Promotion is not valid where prohibited by law, and is subject to all applicable Federal, state, provincial, and local laws and regulations.
- Kiva, its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors accept no responsibility or liability in connection with any loss or damages incurred by a promotional gift recipient in connection with receipt or use of such promotional microloan credit.
- By participating in the Promotion through use of a free promotional microloan credit or by otherwise making a loan via a Promotion invitation url link, you agree to release and hold harmless Kiva and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever.
- Except where prohibited, as a condition of participating in the Promotion through use of a free promotional microloan credit or by otherwise making a loan via a Promotion invitation url link, you agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Promotion, or any promotional microloan credit used, shall be resolved individually, without resort to any form of court action, exclusively by final and binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association then effective in San Francisco if the amount claimed is greater than $100 and, otherwise, over the telephone or in another city in which Kiva is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Kiva. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by California statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Kiva may seek any injunctive relief in a state or federal court in San Francisco, California, as may be necessary to preserve rights pending the completion of arbitration. Further, in any such dispute, under no circumstances will an invitee be permitted to obtain awards for, and invitee hereby waives all rights to, claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, and entrant further waives all rights to have damages multiplied or increased to the extent permitted by applicable law.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND KIVA HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
KIVA RESERVES THE RIGHT TO TERMINATE THE “FREE TRIAL PROMOTION” OR CHANGE THE TERMS AND CONDITIONS OF THE PROMOTION AT ANY TIME WITHOUT NOTICE. ANY ATTEMPT TO DELIBERATELY DEFRAUD KIVA OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION AND PROCESS OF THE PROMOTION IS A VIOLATION OF THESE TERMS AND CONDITIONS AND APPLICABLE LAWS. PARTICIPATION IN THE PROMOTION CONSTITUTES ACCEPTANCE AND AGREEMENT TO THESE TERMS AND CONDITIONS.