THESE PROGRAM TERMS AND CONDITIONS REQUIRE YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. NO CLASS OR REPRESENTATIVE ACTIONS ARE ALLOWED.
Members who refer others to MoMA for membership are “Referrers;” those who are referred are “Referred Friends.” Both Referrers and Referred Friends may be referred to as a “Participant” or collectively as “Participants.”
To be eligible to participate as a Referrer in the Referral Program you must be: (1) a legal resident of the fifty United States or the District of Columbia; (2) at least 18 years of age and or have reached the age of majority in your state/jurisdiction of legal residence; and (3) a current MoMA member with an individual (not organizational) account in good standing (“Membership Account” or “Account”), as the term is defined at membership.moma.org.
Referrer may only refer individual friends or family members who (1) are legal residents of the fifty United States or the District of Columbia; (2) are at least 18 years of age and have reached the age of majority in their state/jurisdiction of legal residence; and (3) are not currently members of MoMA, nor have they signed up for a MoMA membership previously in the past five (4) calendar years. Employees of MoMA and P.S. 1 Contemporary Art Center, Inc. d/b/a MoMA PS1 (“MoMA PS1”), and the employees of any affiliates, and their officers, directors, and agents and their immediate family or household members are not eligible to participate in the Program either as Referrers or Referred Friends. MoMA reserves the right to verify the eligibility of all Participants.
“Qualified Referral Email Address” is a Referral email address that meets each of the following conditions: (1) the email address is not associated with an individual who is a current MoMA member; (2) the email address is not associated with an individual who signed up for a MoMA membership in the past five (3) calendar years; and (4) the email address is not associated with your (the Referrer’s) membership account at moma.org.
How the Program Works
To participate in the Program as a Referrer, you must refer a friend or family member (the “Referred Friend”).
To refer a friend, you (as the Referrer) should first log in to your membership account at www.membership.moma.org.
Once you have logged into your account, select ‘Refer a friend’ on the left hand menu, enter your name and membership email address, then share your unique referral link with your friends via your personal email, Facebook, Messenger, Twitter, Whatsapp, direct link, or SMS.
If your friend’s email address meets the criteria, they will be able to use the promo code to sign up for an Access level or higher membership and receive a one-time discount of $20 towards their membership transaction.
In order to access their discount towards their membership transaction (and for you to receive your Thank You Gift), your Referred Friend must sign up and purchase a membership at the Access Level or higher for no less than one year using your special link and promo code provided by MoMA.
If your Referred Friend signs up and purchases an eligible membership using the promo code and special link, to acknowledge you for sharing the joy of MoMA membership, we will provide you with a thank you gift (“Thank You Gift”).
for information on current amounts and modes of delivery applicable to the Program. Terms and conditions of Thank You Gift are subject to change in MoMA’s sole discretion.
You must use membership.moma.org to send invitations to Referred Friends; any use of personal email will be void. All referrals and Thank You Gifts are subject to verification, and MoMA reserves the right to delay or refuse to issue a Thank You Gift for purposes of verification or in cases of noncompliance with the Terms, fraud, deceptive or misleading behavior by Participant(s), or for any reasons MoMA may deem to be relevant and/or justified based on the circumstances in its sole discretion. Thank You Gifts have no cash value, cannot be sold, transferred, or redeemed for cash, and they may not be combined with other offers, promotions or discounts. No portion of the Program is intended to be a tax-deductible event for Participants.
In the event that a Referred Friend receives multiple referrals, MoMA will only provide a Thank You Gift to the Referrer associated with the special link that was used by the Referred Friend. This means that if multiple Referrers refer the same person, only one of those Referrers will be entitled to receive a Thank You Gift and all other referrals will automatically be invalidated.
Reservation of Rights/Disqualification
Exploiting the Program or assisting others in exploiting the Program is strictly prohibited and may result in disqualification from the Program. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with membership.moma.org. In addition, Participants may not (i) use the Program to violate any law, infringe or violate the rights of any third party, including the Federal CAN-SPAM Act, Section 5 of the Federal Trade Commission Act, or equivalent state laws; (ii) act in a manner that is deemed unfair, disruptive, harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program; (iii) tamper with the Program; (iv) collect or harvest any personally identifiable information from the Program or associated website(s); and/or (v) 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, MOMA RESERVES THE RIGHT TO DISQUALIFY THE PARTICIPANT FROM PARTICIPATING IN THE PROGRAM, REVOKE ANY THANK YOU GIFT AND/OR DISCOUNT, AND/OR SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
MoMA may prohibit a Participant from participating, revoke any thank you gift or discount, or take such other action as MoMA deems necessary in its discretion in the Program if, in MoMA’s sole discretion, MoMA determines that such Participant is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair practices of intending to annoy, abuse, threaten any other Participants or representatives of MoMA.
MoMA reserves the right to disqualify any Participant, revoke any thank you gift or discount, or take such other action as MoMA deems necessary in its discretion if MoMA finds a Participant to be tampering with the operation of the Program or violating these Terms and Conditions in any way.
Modification or Termination of the Program
The Program is offered at the discretion of MoMA and has no predetermined end date. MoMA reserves the right to terminate, suspend, or modify the Program, these Terms, conditions of participation, or any other aspect of the Program, in whole or in part, at any time, with or without notice, even though such changes may affect Thank You Gifts that have already been earned. You understand that the most recent version of the Terms will be available at www.moma.org/support/membership-referral-terms-and-conditions. Your continued participation in the Program following the posting on www.moma.org/support/membership-referral-terms-and-conditions of any modification will indicate your acceptance of any modification to the Terms hereof. You may object to the modification to the Program and/or its Terms by no longer participating.
Except where prohibited by law, Participants (and former Participants) agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Referral Program Terms and Conditions, or the rights and obligations of you as the Participant (or former Participant) and MoMA, shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law provisions (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
NO CLASS ACTIONS
ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT AS A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
LIMITATION ON DAMAGES; OTHER LIMITATIONS
PARTICIPANT AGREES THAT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. MOMA AND ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY, PARTICIPANTS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM. THIS APPLIES EVEN IF FORESEEABLE OR EVEN IF MOMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY PARTICIPANT ACCOUNT, CORRESPONDENCE, OR REFERRAL; (B) THEFT OR UNAUTHORIZED REDEMPTION OF GIFTS CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF US OR OUR REPRESENTATIVES, OR AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D ) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE AWARDING OF GIFTS TO PARTICIPANTS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, AND ACT OF WAR, NATURAL DISASTER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR PROGRAM ACCOUNT OF A THANK YOU GIFT. IN NEW JERSEY, THIS LIMITATION APPLIES ONLY TO CLAIMS BASED ON BREACH OF WARRANTY.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE PROGRAM TERMS, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE WEBSITE AND THE REFERRALS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PARTICIPANT’S USE OF THE REFERRALS PROGRAM IS SOLELY AT THE PARTICIPANT’S OWN RISK. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
THIS SECTION WILL SURVIVE TERMINATION OF PARTICIPANT’S PARTICIPATION IN THE PROGRAM. MOMA IS NOT RESPONSIBLE FOR (A) ANY LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY APPLICATION, REDEMPTION REQUESTS, POINTS, REFERRALS, OR PARTICIPANT BENEFITS; (B) THEFT OR UNAUTHORIZED REDEMPTION OF POINTS, REFERRALS, PARTICIPANT BENEFITS OR USE OF POINTS, REFERRALS, OR PARTICIPANT BENEFITS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D) ANY ERRORS MADE OR PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY PRICING OR TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE AWARDING OF GIFTS TO PARTICIPANTS. MOMA RESERVES THE RIGHT TO CORRECT (WITH OR WITHOUT NOTICE) ANY SUCH ERRORS.
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “MoMA Intellectual Property”) are owned by MoMA and may be registered in the United States and internationally.