MY SONY MEMBERSHIP PROGRAM
TERMS AND CONDITIONS OF PARTICIPATION
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN MY SONY MEMBERSHIP PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU WISH TO OPT OUT OF THESE PROVISIONS, PLEASE FOLLOW THE INSTRUCTIONS IN THE DISPUTE RESOLUTION SECTION BELOW.
1. MEMBERSHIP ELIGIBILITY AND OVERVIEW
1.1 Sony Electronics Inc.’s My Sony Membership Program (“Program”) is a free rewards program offered at the discretion of Sony Electronics Inc. (“Sony”, “we”, “our”, or “us”) for its electronics.sony.com (“Website”) customers located in the U.S. The Program is available to individuals for their personal use only and is limited to one account per individual. Individuals who are legal residents of the U.S. (excluding territories and possessions) and at least 18 years of age (19+ in Alabama and Nebraska) who provide and maintain a valid Sony Store Account are eligible to become members. Anyone under the age of 18 (or 19 in Alabama or Nebraska) are not eligible to enroll or participate in this Program. No purchase is necessary to join the Program. Employees of Sony Electronics are not eligible to participate in the Program whatsoever, including with regard to the Website or any other friends and family website. Corporations, businesses, companies, associations, or other groups are not eligible and may not participate in the Program. The Program may not be used for any business or commercial purpose. Notwithstanding any provision to the contrary, Sony may refuse to create an account for any or no reason in its sole, unfettered discretion.
1.2 By joining the Program and becoming a Program member, you (“you,” “your,” or “Member”), agree that you have read, understood, and agree to be bound by these Program Terms and Conditions of Participation (collectively, “Terms”), including as changed, modified or amended.
1.3 These Terms do not alter in any way the terms or conditions of any other agreement you may have with Sony, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by the following terms and conditions. If you do not agree to the terms and conditions, you cannot participate in the Program.
- The Website Terms and Conditions of Purchase
- The Website Privacy Policy
- Financial Incentive Notice
2. PROGRAM ENROLLMENT
2.1. To become a Member of the Program, eligible individuals must go to the Website and create a Sony Account or log in to their existing Sony Account:
Please Note: Access to the Program is only accessible by logging into your Sony Account on the Website.
2.2. With regard to the Sony Account, you must include your full name, email address, country, and date of birth and create a password in order to activate your Sony Account. You are solely responsible for maintaining the accuracy and confidentiality of your Sony Account information and for updating it as required. You may update your personal information by logging into your Sony Account on the Website.
2.3. Only one Sony Account may be associated with an individual Program Member and a single email address. In the event of a dispute over the identity of the Member enrolled in the Program, the Member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. The "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
3. PROGRAM BENEFITS
3.1. The Program is a way of thanking our loyal customers for purchasing our products and/or participating with our brand in promotions and/or activities. Members can earn Points or benefits by taking certain Program actions for which Sony promotes or declares, from time-to-time, that Points or benefits are redeemable (collectively, “Qualifying Actions”). Qualifying purchases include regular priced select products and/or services on the Website minus Exclusions (“Qualified Purchases”). Exclusions shall mean sales tax, state fees, shipping/handling charges, delivery charges, returns, exchanges, replacements, accommodations, purchase after returns, restocking fees, price match, discounts, coupons, any amounts redeemed as Sony Store credit, purchases to the extent paid with Points, and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, certain select premium products and services, and other specified products.
3.2. Earn My Sony Points. To receive points when shopping at electronics.sony.com, you must be a Member and be logged into your Sony Account. You will receive 2 points for every 1 US Dollar spent (rounding up to the nearest dollar) on Qualified Purchases on the Website (“Points”). For example, if a Qualified Purchase is $10.75, the amount eligible for Points would be rounded up to $11.00 and the Member would earn 22 Points. From time to time, in our sole discretion, we may offer Qualifying Actions for which Members may earn Points. Qualified Purchases and Qualifying Actions will be posted on the Website or published through marketing communications and promotions on the Website or other manner of media, including without limitation on social media. For Qualified Purchases made on the Website, unless otherwise stated, Points are calculated based on the price of the Qualified Purchase on the Website at the time of purchase minus Exclusions. Points received for Qualified Purchases that are returned to Sony will be deducted from your Points balance.
Points will expire twenty-four (24) consecutive months after the date the Point was earned. Oldest Points earned will always be used first when redeeming Points.
A Member may redeem their accrued Points towards the purchase of products on the Website. Unless otherwise stated, Points will apply a discount of $0.01 per 1 Point. The number of Points required to redeem any Product is subject to change at any time without notice. Points will immediately be put on hold upon placing an order and thereafter will be deducted from the Member’s Program Sony Account upon shipment of the product.
3.3. For your purchase to qualify for the Program, you must be enrolled in the Program, logged into your Sony Account on the Website thereby providing your Program Member identification at the time you purchase Qualified Purchases. Products purchased before your membership in the Program are not eligible for the Program.
3.4. Sony Accounts, Points, benefits, or rewards of the Program may be shared or combined. Only the Member paying for the Qualified Purchase may receive Points for said Qualified Purchase. Members may not sell, distribute, and/or transfer Points to other Members or non-Members for any reason whatsoever. We reserve the right to monitor the number of Sony Accounts per household and refuse, merge, close and/or terminate additional or duplicate Sony Accounts at any time.
3.5. Points, benefits and/or rewards issued, accrued, or earned through the Program are available for use only as set forth in the Program and are not cash equivalents, have no cash value, are non-transferable, and assign no property rights to Members. Such Points, benefits and/or rewards do not create a right of payment to Members or anyone whatsoever. Points credited to your Program account will be decreased or reversed, as applicable, if all or part of the Qualified Purchase is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by Sony, in our sole discretion. We are not responsible for Points lost or redeemed due to any activity by you or any third party. We are not responsible for Points that are expired, lost, stolen, or otherwise destroyed. The sale, barter, transfer, or assignment of any Points or benefits offered, issued, accrued, or earned through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from Points, benefits and/or rewards earned under the Program are the sole responsibility of the Member.
3.6. We reserve the right to change terms and conditions of the Program, including without limitation what constitutes Points, the rate or value of Points, the discount awarded when Points are redeemed, what constitutes a Qualified Purchase, Qualifying Action and/or an Exclusion. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and the number or types of Points, rewards and/or benefits you may receive or earn, in a given time period or for the duration of the Program, and/or any combination thereof.
3.7. Member agrees that any and all inquiries or claims regarding Qualified Purchases or Qualifying Actions not being applied to Member’s Sony Account must be initiated by contacting Sony Customer Service at 1-800-249-7669 no later than forty-five (45) days after the Qualified Purchase, Qualifying Action or Program activity which gave rise to such inquiry or claim. Member must identify to Sony their name, address, phone number, and email address associated with the Program, the date of the Program activity that is the subject of the inquiry or claim, and the issue(s) encountered. MEMBER AGREES THAT FAILURE TO SUBMIT INQUIRIES OR CLAIMS WITHIN THE AFOREMENTIONED TIME PERIOD WILL CONSTITUTE A COMPLETE AND FINAL WAIVER AND FORFEITURE BY MEMBER WITH RESPECT TO THE SUBSTANCE OF SUCH CLAIMS OR INQUIRIES, INCLUDING WITHOUT LIMITATION ANY POINTS, REWARDS OR BENEFITS OF THE PROGRAM, AND RELEASES SONY FROM ANY OBLIGATION WHATSOEVER RELATED TO SUCH INQUIRIES AND CLAIMS. Sony shall not be responsible or liable for late notifications about Qualified Purchases or Qualifying Actions not being credited to the Member’s Sony Account after the aforementioned forty-five (45) days.
3.8. Nothing whatsoever received under this Program, including but not limited to Points or products or services purchased with those Points, can be exchanged, or returned for another product or service, or a monetary refund.
3.9. The products and services available through the Program are for personal use only. You agree to not sell or resell any of the products or services you purchase or otherwise receive from us within one (1) year of receipt. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
4. MARKETING COMMUNICATIONS
4.1. Sony may communicate certain promotions regarding the Program via email. In order to ensure you are receiving such communications, you may opt in to receive, Sony Electronics’ marketing emails and other marketing communications, which include marketing communications containing information on new launches, insider-only offers and special loyalty-only benefits (e.g., a complimentary birthday gift). If you are opted-in to Sony marketing emails, you will continue to receive these emails until you opt out of those emails specifically.
4.2. If you opt out of receiving Sony marketing emails, you will continue to receive transactional emails regarding the Program. Program transactional emails are sent a few times a year to notify you of your Points balance and/or Program changes. If you terminate your Program membership, you will no longer receive Program transactional emails.
5. TERMINATION AND MODIFICATION
5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program (in whole or in part) at any time without prior notice, even though such cancellation, modifications, restrictions and/or terminations may (i) terminate Points, benefits and/or rewards, (ii) affect the value of Points, benefits or rewards - even if already accumulated or earned; (iii) impact the ability to redeem accumulated Points, benefits or rewards; and/or (iii) terminate or cancel the unredeemed Points in a Member’s Sony Account.
5.2. We reserve the right, at any time, in our sole discretion to: (i) exclude you from participation in the Program; (ii) discontinue your participation in the Program; and/or (iii) suspend or audit your membership and/or Sony Account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow these Terms, membership inactivity for more than 6 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any Points, rewards and/or benefits in your Sony Account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time in your Sony Account on the Website at which time, after two (2) business days to process your request, your points will be forfeited, cancelled, null, void and no longer retrievable or redeemable. Upon the unfortunate death of a Member, the Member’s account will be closed and any Points, benefits, or rewards in the Sony Account will be forfeited.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1. NEITHER SONY NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE POINTS, REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
6.2. YOU AGREE THAT NEITHER SONY NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, AGENTS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE WEBSITE OR USE OF ANY POINT, REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE PROGRAM WILL CONTINUE.
6.3. FURTHER, NEITHER SONY NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED TEN U.S. DOLLARS ($10.00).
6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY POINTS, REWARDS OR BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
7. INDEMNIFICATION
You agree to defend, indemnify and hold harmless, Sony, its parents, subsidiaries and other affiliates, and the respective officers, directors, employees and agents of each of them, from and against all claims, suits, liabilities, losses, costs and expenses (including reasonable attorneys’ and experts’ fees and court and settlement costs) arising from or incident to: resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.
Sony’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Sony reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sony in asserting any available defenses. Section 7 shall remain in full force and effect notwithstanding any termination of your use of the Program or Sony Account.
8. GOVERNING LAW AND DISPUTES
8.1. This Program and these Terms will be governed by and construed under the substantive laws of the State of Delaware, as if they were a contract wholly entered into and wholly performed within Delaware and without regard to conflict of laws principles.
8.2. DISPUTE RESULUTION (INCLUDING BINDING ARBITRATION)
“Dispute” is defined as any disagreement, cause of action, claim, controversy, or proceeding between you and any Sony related to or arising out of the sale of the Product by Sony, your purchase and/or use of the Product, or the terms of this Agreement. Dispute is to be given the broadest possible meaning that will be enforced.
You and Sony agree that all Disputes shall be resolved exclusively through binding arbitration. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT. You also agree that ANY DISPUTE RESOLUTION PROCEEDING WILL ONLY CONSIDER YOUR INDIVIDUAL CLAIMS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Despite the above, you have the right to litigate any Dispute on an individual basis in small claims court or other similar court of limited jurisdiction, to the extent the amount at issue does not exceed $15,000, and as long as such court has proper jurisdiction and all other requirements (including amount in controversy) are satisfied.
Arbitration Instructions. To begin Arbitration, either you or Sony must make a written demand to the other for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules, and the Supplementary Proceedings for Consumer-Related disputes when applicable (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of AAA’s Rules by contacting AAA at 1-800-778-7879 or visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared between you and Sony, but in no event shall your fees ever exceed the amount allowable by the special rules for Consumers Disputes provided for by AAA, at which point Sony will cover all additional administrative fees and expenses. This does not prohibit the Arbitrator from giving the winning party their fees and expenses of the arbitration when appropriate pursuant to the Rules. Unless you and Sony agree differently, the arbitration will take place in the county and state where you live, and applicable federal or state law shall govern the substance of any Dispute during the arbitration. However, the Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself and not any state law on arbitration. If you purchase the Product in the United States, but subsequently live outside of the United States, arbitration will take place in the county in which you purchased the Product. The Arbitrator’s decision will be binding and final, except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by that party’s individual claim, and any court with jurisdiction over the parties may enforce the arbitrator’s decision.
Opt-Out Instructions. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION, THEN: (1) you must notify Sony in writing within 30 days of the date that you enrolled in the Program; (2) your written notification must be mailed to Sony Electronics Inc., 16535 Via Esprillo, MZ 1105, San Diego CA 92127, Attn: Legal Department; AND (3) your written notification must include (a) your NAME, (b) your ADDRESS, (c) the DATE you enrolled in the Program, and (d) a clear statement that “YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ELECTRONICS ENTITY THROUGH ARBITRATION AND/OR BE BOUND BY THE CLASS ACTION WAIVER.”
Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty accompanying any products in any way, and you will continue to enjoy the benefits of the Limited Warranty that accompanies the product.
9. MISCELLANEOUS
9.1. Complete Agreement/Invalidity & Severability. This Agreement, subject to Section 1.3., constitutes the complete, final, and exclusive understanding between Sony and each Member relating to the subject matter hereof and governs your use of the Program, including the Website, superseding all prior or contemporaneous understandings, agreements, communications, and/ or advertising with respect to such subject matter. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
9.2. Third-Party Terms. Member may be subject to additional terms and conditions that may apply when Member obtains or uses any Third-Party Offerings, including but not limited to third-party content, third-party software or goods and services provided by or through third parties associated or affiliated with the Program.
9.3. No Waiver. Sony’s failure to insist upon strict performance of any provision(s) of this Agreement or to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its right or remedies or of the provision.
9.4. Assignment. Sony may assign its rights and delegate its duties under this Agreement to any party at any time without notice to you. The rights and licenses granted hereunder may not be assigned or transferred by you, and any attempted assignment or transfer in violation hereof shall be null and void.
9.5. Headings. All headings in this Agreement are for convenience only and have no legal effect.
V.10-2024
Copyright 2024 Sony Electronics Inc.