General Terms and Conditions
By participating in the Upgrade Programme, you agree that Sonos (A) shall not be responsible or liable for, and is hereby released from, any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Upgrade Programme and (B) has not made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to your Sonos Device following your agreement to the terms and conditions for receiving a Discount Credit.
Sonos reserves the right, in its sole discretion, to disqualify any individual who is found to be tampering with the Upgrade Programme or the operation of any Discount Credit or http://www.sonos.com, to be acting in violation of these Terms and Conditions, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Upgrade Programme, or to annoy, abuse, threaten, or harass any other person, and Sonos reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
In the event Sonos is prevented from issuing Discount Credits or managing and implementing the Upgrade Programme as contemplated herein by any event beyond its reasonable control, including but not limited to fire, storm, flood, earthquake, explosion, accidents, public disorders, civil unrest, disease outbreak, sabotage, acts of terrorism, acts of war (declared or undeclared), labour shortages, riots, or acts of God or public enemy, satellite or equipment failure, order of any court or jurisdiction, or other cause not reasonably within Sonos’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sonos shall have the right to modify, suspend, or terminate the Upgrade Programme.
Any personal information collected in connection with the Upgrade Programme will be used in accordance with Sonos’s Privacy Statement located at www.sonos.com/legal/privacy.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE TERMS AND CONDITION OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR SONOS IN CONNECTION WITH THE UPGRADE PROGRAMME SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. YOUR LOCAL CONSUMER PROTECTION LAWS MAY APPLY. SONOS DOES NOT IN ANY WAY RESTRICT THE RIGHTS THAT YOU MAY HAVE UNDER SUCH LAWS.
By participating in the Upgrade Programme, you understand and agree that you shall have no right to enjoin or restrain the development, production, advertising, promotion, distribution, or exploitation of the Upgrade Programme, or any other business or project of Sonos.
Except where prohibited, by participating in the Upgrade Programme, you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Upgrade Programme shall be resolved individually without resort to any form of class action and exclusively by arbitration under the Commercial Arbitration Rules of the American Arbitration Association; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (i.e. only costs associated with participating in the Upgrade Program), but shall not include attorney’s fees under any circumstances; and (c) you hereby waive all rights to claim punitive, incidental, and consequential damages. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
If any part of these Terms and Conditions is deemed to be invalid or otherwise unenforceable or illegal, the balance of these Terms and Conditions shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision, or the invalid or illegal portion of a provision, were not contained herein.
These Terms and Conditions will be posted on https://www.sonos.com/legal/upgrade-terms during the Promotional Period and for at least six (6) weeks thereafter.