SONOS TRADE UP PROGRAMME
TERMS AND CONDITIONS
The Sonos Trade Up Programme (the "Trade Up Programme") begins on or about 1 October 2019 at 12:00:01 p.m. PT and shall end upon the notification of Sonos, Inc. (the “Promotional Period”). Customers that own a Qualifying Product (as defined below) are eligible to receive a coupon for a discount of thirty per cent (30%) off of a new product on http://www.sonos.com, subject to the exclusions specified below (the “Discount Credit”). By participating in the Trade Up Programme, each participant unconditionally accepts and agrees to comply with and abide by these Terms and Conditions and the decisions of Sonos, Inc., its wholly-owned subsidiaries, and Sonos’s designated representatives, which decisions shall be final and binding in all respects. Any information or instructions published by Sonos, Inc., with its registered offices at 614 Chapala Street, Santa Barbara, CA 93101, or by its wholly-owned subsidiaries (collectively “Sonos”), about the Trade Up Programme form part of the Terms and Conditions.
Sonos may update, modify, suspend, or terminate these Terms and Conditions at any time, in its sole discretion, or end the Trade Up Programme, by posting a notification of such update, modification, suspension, termination, or ending at https://www.sonos.com/legal/tradeup-terms.
Only legal residents of the fifty (50) United States and the District of Columbia, Australia, Belgium, Canada, Switzerland, Germany, Austria, Denmark, Finland, Spain, France, the United Kingdom, Ireland, Italy, the Netherlands, Norway, Poland and Sweden (collectively, the “Territories”) who, at the time of participation in the Trade Up Programme, are 1) located in one of the Territories, and 2) are eighteen (18) years of age or older, are eligible to participate in the Trade Up Programme and redeem a Discount Credit. The Trade Up Programme is void where prohibited.
HOW IT WORKS
- Visit https://www.sonos.com/tradeup to learn about the programme.
- Sign into your Sonos account on http://www.sonos.com.
- View the devices registered to your account in the System tab. Qualifying Products that are eligible for the Trade Up Programme will be clearly marked under your account. Navigate to the Trade Up tab within your account, and follow the recycling instruction steps for each Qualifying Product. You will be directed to initiate Recycle Mode from within My Account, and subsequently confirm within the Sonos App.
- Following initiation of Recycle Mode within your account, open the Sonos App whilst at home on the WiFi network associated with your Sonos System, and follow the prompts to confirm Recycle Mode for the Qualifying Products you selected on sonos.com.
- Promptly following confirmation of the recycling process in the Sonos App, your Discount Credit will be reflected and available for use anytime your are logged into the “My Account” section of sonos.com.
NOTE: ANY QUALIFYING PRODUCTS YOU PLACE IN RECYCLE MODE WILL NO LONGER FUNCTION 21 DAYS FOLLOWING CONFIRMATION OF THE RECYCLE PROCESS IN THE SONOS APP.
Following initiation of the recycling process, you will receive a Discount Credit in the “My Account” section of sonos.com. The Discount Credit is valid only on http://www.sonos.com and will not expire. The credit is for a single use and can be used on any one (1) product on sonos.com, with some product restrictions indicated below. The Discount Credit cannot be combined with any other promotion, discount, or special pricing and may not be used on gift cards, refurbished products, or third party products.
The following products (“Qualifying Products”) may be recycled in exchange for a Discount Credit:
- PLAY:5, GEN 1
ISSUANCE OF THE DISCOUNT CREDIT IS YOUR SOLE AND EXCLUSIVE CONSIDERATION FOR PLACING YOUR SONOS PRODUCT IN RECYCLE MODE. ONCE YOU HAVE INITIATED THE RECYCLING PROCESS AND RECEIVED YOUR DISCOUNT CREDIT IN THE “MY ACCOUNT” SECTION OF SONOS.COM, YOU SHOULD FOLLOW THE DIRECTIONS IN THE TRADE UP TAB OF THE “MY ACCOUNT” SECTION TO SHIP YOUR PRODUCT BACK TO SONOS OR DELIVER THE PRODUCT TO A CERTIFIED ELECTRONICS RECYCLER FOLLOWING DEACTIVATION OF THE PRODUCT.
ONCE YOU HAVE INITIATED THE RECYCLING PROCESS, YOUR SONOS PRODUCT WILL NO LONGER BE USABLE. BY PARTICIPATING IN THE TRADE UP PROGRAMME, YOU ACKNOWLEDGE AND AGREE THAT YOUR SONOS PRODUCT WILL NO LONGER FUNCTION AS A SPEAKER OR NETWORK DEVICE, AND DISCLAIM ANY WARRANTIES RELATED TO THE SONOS PRODUCT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO YOUR SONOS PRODUCT(S), INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. YOU AGREE THAT YOU WILL SHIP YOUR PRODUCT BACK TO SONOS OR RECYCLE YOUR SONOS PRODUCT WITH A CERTIFIED ELECTRONICS RECYCLER WITHIN TWENTY-ONE DAYS OF INITIATION OF THE RECYCLING PROCESS.
GENERAL TERMS AND CONDITIONS
By participating in the Trade Up 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 Trade Up Programme or any Trade Up Programme-related activity, or from your initiation of the recycling process for any of your Sonos Products, and (B) has not made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to your Sonos Products following your initiation of the recycling process.
Sonos reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Trade Up 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 Trade Up 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. Sonos reserves the right to modify, extend, suspend, or terminate the Trade Up Programme in its sole discretion.
In the event Sonos is prevented from issuing Discount Credits or managing and implementing the Trade Up Programme as contemplated herein by any event beyond its reasonable control, including but not limited to fire, storm, flood, earthquake, explosion, accidents, public disorder, civil unrest, disease outbreak, sabotage, acts of terrorism, acts of war (declared or undeclared), labor 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 Trade Up Programme.
Any personal information collected in connection with the Trade Up Programme will be used in accordance with Sonos’s privacy statement located on www.sonos.com/legal/privacy.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR SONOS IN CONNECTION WITH THE TRADE UP 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 Trade Up 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 Trade Up Programme, or any other business or project of Sonos.
Except where prohibited, by participating in the Trade Up Programme, you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Trade Up 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 Trade Up Programme), but shall not include lawyer 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/tradeup-terms during the Promotional Period and for at least six (6) weeks thereafter.