The Children's Place, Inc. ("we", "The Children's Place" or "Company") is offering you the opportunity to refer friends via a Referral Program ("Program") offered on the website located at childrensplace.com, gymboree.com and sugarandjade.com (the "Site").
By participating in the Program, you are bound by these Terms and Conditions ("Terms") and indicate your agreement to them, including your consent to be bound by the mandatory arbitration provision below. All of the Company's decisions are final and binding.
You must be a legal resident of the U.S. and at least the age of majority in your state of residence. Employees of the Company, Extole, Inc. (Program service provider) or any of its or their subsidiaries, affiliates or promotional agencies are not eligible to participate. Void where prohibited.
To participate in the Program, you must visit the Site and follow the on-screen instructions to refer your friends, family members or colleagues. Referrals that violate any portion of these Terms will be null and void. You may refer a maximum of 25 friends, family members or colleagues during each session, 100 referrals in 7 days and a maximum of 500 referrals in total throughout the entirety of the Program. A session is defined as one visit to the Referral Form. Closing the browser and going to the Referral Form is considered a new session. Once an individual makes a referral, he/she becomes a "Referrer" and will be provided with a unique referral link ("Personal Link") that allows the Referrer to refer other friends and track the status of the referral. Referred friends ("Friends") must complete the referral instructions described in the referral message.
Referrers may not refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as "Friends". You may not 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.
By making a valid referral, your Friend will receive a $10 off an order of $40+ unique coupon and you will receive $10 off an order of $40+ unique coupon after your Friend makes a purchase using your referral link. You can earn a maximum of 500 rewards in total. These rewards may be redeemed in various forms in the Company's sole discretion. Restrictions may apply. You can make a maximum of 25 referrals in one session, 100 referrals in 7 days and a maximum of 500 referrals in total, regardless of period. Referral rewards may be subject to additional terms and conditions, including expiration dates for promotional gift cards, certificates and vouchers. Rewards are subject to verification that a valid referral has been made. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason.
Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), PURSUANT TO ANY LEGAL THEORY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE PROGRAM OR USE OR INABILITY TO USE THE SITE. By participating in the Program, to the fullest extent permitted under applicable law, you agree to defend, indemnify, release and hold harmless the Company, Extole, Inc. 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, including reasonable attorneys' fees, in any way 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 Parties 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 Parties 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.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR PARTICIPATION IN THE PROGRAM OR USE OF THE SITE, WHICH ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT: (A) 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 PARTIES 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.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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 he/she has the appropriate permission and consent and is not engaging in harassing, unethical, illegal or otherwise improper conduct. 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 Released Parties against any liabilities, costs and expenses it incurs as a results of such spam.
You are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. You agree to notify the Company immediately if they suspect unauthorized access to their account. You agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
We reserve the right to cancel, modify or terminate the Program at any time for any reason, except with regard to the mandatory arbitration provision in Section 14. We reserve the right to disqualify you or any other persons at any time from participation in the Program if he/she does not comply with any of these Terms.
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
United States and Puerto Rico: To the fullest extent permitted by applicable law, any and all controversies, disputes, demands, counts, claims, or causes of action ("claim") (including but not limited to any claim relating to the Program as well as the interpretation and scope of this clause, and the arbitrability of any claim) between you and The Children's Place shall exclusively be settled through binding and confidential arbitration, except that you or The Children's Place may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyright, trademarks, trade secrets, patents or other intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE CHILDREN'S PLACE EACH WAIVE THE RIGHT TO SUE IN COURT, INCLUDING THE RIGHT TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF.
The arbitration shall be conducted by the Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available at its website at http://jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards or by calling 1-800-352-5267.
You and The Children's Place hereby agree that: (a) THE ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF; (b) unless agreed otherwise by each party to the dispute, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding; (c) The Children's Place will pay its arbitration costs as required by JAMS Rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, The Children's Place will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; (e) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law; and (f) any decision or award by the arbitrator shall be final and binding on the parties. Notwithstanding any of the foregoing, nothing in these terms and conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.