Terms and Conditions

Heyday Wellness LLC (“Company” or “Heyday Skincare” or “Heyday”) is offering you the opportunity to refer friends via a Referral Program (“Program”) offered on the website located at heydayskincare.com (the “Site”).

These Terms and Conditions govern the Heyday Refer A Friend program for the duration of the Pilot we are conducting in select Heyday Shops, starting November 2024. The "Pilot" is a limited-time test of the Program conducted at five Pilot Shops: Bethesda Row, 14th St, Old Town Alexandria, Assembly Row, and Seaport. The Pilot end date is yet to be determined, and these Terms and Conditions are subject to change following the Pilot period.

By participating in the Program or using the Site, you agree to be bound by these Terms. Please read them carefully.

1. Binding Agreement. By using the Site or participating in the Program, you agree to these Terms and Conditions (“Terms”) and are bound by them, as well as by Heyday’s main Terms of Use and Privacy Policy, linked below. All program decisions by Heyday are final and binding. Heyday reserves the right to amend or modify these Terms at any time and will notify participants of any material changes in a manner consistent with our main “Terms of Use.”

2. Privacy. Heyday is committed to protecting your privacy. The personal information collected, processed, and used as part of the Program will be handled in accordance with Heyday’s “Privacy Policy.” By participating in the Program, you agree to the collection and use of information as described in both this Program-specific Privacy Statement and the general Heyday Wellness LLC “Privacy Policy” and “Terms of Use.” This policy describes the ways we use, share, and protect the information you provide us. Please review it thoroughly before participating.

3. How the Program Works.You must be a legal resident of the United States of America and at least 18 years old to use the Site. Referrers must have completed at least one paid facial at the Company to qualify as a Referrer.

   To participate, the Referrer must visit the Site and follow the on-screen instructions to receive a unique referral link "Personal Link" to share with friends, family members, or colleagues "Friends". The Friend must sign up with their email address to receive a promotion code for $40 off a 50-minute facial (normally $145). This discount does not apply to Laser Facials, Laser Lite + Consultation facials, or any other facial priced at a value other than $145. Additionally, the discount does not apply to the purchase of gift cards and cannot be combined with any other first-time client offer.

   The Friend must be a first-time client of the Company to qualify for the promotion code. When the Friend completes their first facial with the Company, the Referrer will automatically receive a $20 credit to their account. This credit can be used for enhancements, in-shop product purchases, or, for members, toward their second facial in a month. Credits must be used within 90 days of being earned and cannot be applied to a member's recurring membership charge, online product purchases, tax, or gratuity. If the Friend becomes a member, the Referrer will automatically receive an additional $20 credit to their account, which can be used on the same items under the same terms as the first $20 credit. The Friend does not need to become a member during their first facial appointment for the Referrer to earn this extra credit.

   There is no limit to how many Friends a Referrer can refer or how many credits can be earned or used within the Refer A Friend pilot time period. The Company reserves the right to delay applying account credits for investigation purposes or refuse to verify and process any transaction for any reason.

4. Restrictions.Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as “Friends”. No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate.

5. Limitation of Liability.YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) 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 THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, Heyday, as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of 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 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 any benefit in the Program. To be clear, the Released Party shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Party shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ 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. Heyday assumes no responsibility for rewards once issued, including any e-gift cards or vouchers, which may be subject to third-party terms and conditions.

6. Disclaimer of Warranties.YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY 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) THE RELEASED PARTY MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, 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.

7. Bulk Distribution (“Spam”).Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that they have the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a result of such spam. Participants must comply with all applicable laws, regulations, and guidelines, including those governing privacy, electronic communications, and anti-spam laws. Failure to comply may result in termination from the Program and further legal action.

8. Sign-In Credentials.Users are responsible for maintaining the confidentiality of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.

9. Right to Cancel, Modify or Terminate.We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if they do not comply with any of these Terms. This right may also be exercised in response to any actual or potential violations of federal, state, or local laws, or when changes in applicable laws or regulations impact the Program’s legality or functionality. Additionally, in the event of unforeseen technical errors, website outages, data corruption, or system malfunctions that interfere with the Program’s operations or user experience, or if participants engage in behaviors that are abusive, disruptive, or inconsistent with the intended spirit of the Program, Heyday may take such action. Furthermore, Heyday may cancel, modify, or terminate the Program if actions by third parties, including service providers, partners, or affiliates, impair the Program’s smooth operation or security, or if any potential or actual security threat arises that may compromise participant data. If continuing the Program would lead to undue operational challenges or financial strain, or if changes in company strategy, market conditions, or other business considerations make the Program unsustainable, Heyday reserves this right. In all cases, any such decision will be made at Heyday’s sole discretion and in the best interest of its operations and users.

10. Additional Provisions.
    1. No Agency or Employment: Participants in the Program, including Referrers, act solely as independent individuals and are not, under any circumstances, to be considered as agents, employees, or representatives of Heyday. Participants have no authority to bind Heyday to any obligations or representations. Heyday disclaims all liability for any actions taken by participants under the guise of agency or employment.
    2. Third-Party Websites and Services: Heyday is not responsible for the content, policies, practices, or security of any third-party websites or services linked to or from the Program. Access to and use of such websites or services is at the user's own risk. Heyday disclaims all liability for any harm resulting from such third-party websites or services.
    3. Reward Expiration: Rewards under this Program are only valid for the duration of the Pilot Program. Upon termination or expiration of the Program, all outstanding and unclaimed rewards will expire and be forfeited without notice, unless the Program continues past the pilot phase. Heyday reserves the right to end or modify the Program at any time. When and if the program is ended or modified any account credits that were earned by the Referrer remain as an account credit to use within 90 days of the date they were earned. Any promotion codes issued to the Friend may not continue to be valid, and Referrer will not receive any additional credits for any completed facials by the Friends after termination. Should the Program extend beyond its Pilot Phase and transition into a national rollout, all Referrers and Friends who participated during the Pilot Phase will be automatically grandfathered into the national Program. This means any credits earned, referrals made, and associated benefits accrued during the Pilot Phase will carry over under the terms of the national Program, subject to any modifications or updates to the Program's Terms and Conditions at the time of the transition. Participants will not lose any previously earned rewards or credits as long as they remain eligible under the updated Program rules.
    4. Tax Responsibility: All participants are responsible for any and all tax implications associated with rewards earned through the Program. Heyday does not provide tax advice, and you are encouraged to consult a tax professional to understand the potential tax obligations related to Program rewards.
    5. Limitation on Claims: Any claims arising out of or related to the Program must be brought within one (1) year after the cause of action arises. Claims not brought within such a period shall be forever barred, regardless of any statute or law to the contrary.
    6. Dispute Resolution: Any disputes arising out of or in connection with these Terms or the Program shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. By agreeing to these Terms, you waive your right to bring claims in court or participate in a class action, and agree that all disputes will be resolved exclusively through arbitration. The arbitration shall take place in New York state in which Heyday resides. The arbitrator’s decision will be final and binding on both parties.
    7. Heyday reserves the right, in its sole discretion, to interpret and enforce these Terms and any aspect of the Program. Heyday may deny, revoke, or otherwise restrict the participation of any User who acts in a manner inconsistent with these Terms or the spirit of the Program.