TERMS AND CONDITIONS OF CREDIT/POINTS PROGRAM
THE 1800DIAPERS CREDIT/POINTS PROGRAM ("PROGRAM") IS OFFERED ONLY IN THE UNITED
STATES AND IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, WHO ARE 18 YEARS
OR OLDER AND HAVE THE REQUIRED LEGAL CAPACITY TO ENTER INTO AN AGREEMENT TO PURCHASE
GOODS.
VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
Program Termination. 1800Diapers, Inc. (hereinafter the "Company"
or "1800Diapers") reserves the right in its sole discretion, for any reason, to
terminate the Program by giving notice to this effect by means of a posting on the
homepage of www.diapers.com and/or
via another method of notice, as deemed appropriate by Company in its sole discretion.
In such event, unless otherwise stated in the notice, the Program will terminate
at 11:59 PM Eastern Time on the 15th calendar day following the day on which such
notice of termination was given. Any Credits/Points previously earned but not
used or redeemed prior to the effective termination date will be forfeited.
Program Changes. You understand that your continued membership
to 1800Diapers via the 1800Diapers Account Agreement and/or your participation in
this Program constitutes your consent to and agreement to abide by the most current
version of these terms and conditions (the "Program Terms"). We may at any time
revise these terms and conditions by updating the Program Terms. You agree to be
bound by subsequent revisions and agree to review the Program Terms periodically
for changes to the terms and conditions. The most up to date version of the Program
Terms will always be available for your review on the website.
HOW TO OBTAIN CREDITS/POINTS
To participate in the Program, you must first open an account with 1800Diapers,
either through www.diapers.com (the
"website") or by telephone. The account will contain a record of any credits or
points you have earned ("Credits/Points").
Earning Credits for Performance of Specific Activities. Persons
registered with www.diapers.com may
obtain Credits/Points by performing various activities. Whether or not certain activities
result in the issuance of Credits/Points, and the amount of Credits/Points to be
issued for an activity, will be posted on the website and is determined by the Company
in its sole discretion. Such activities include referring new members who then place
orders (as described below in the "Referral" program),
purchasing certain dollar amounts of products over certain periods of time (as described below in the "Rewards" program),
or possibly in the future, purchasing products and/or services from third party partners and/or completing
surveys or providing articles. Within approximately 7-21 days after you have completed
a specified activity (as determined by Company in its sole discretion; the appropriate
amount of time depending on the specific activity), your account will be credited
with the corresponding number of Credits/Points (the appropriate number of Credits/Points
depending on the specific activity).
"Referral Program". If you are a member of 1800Diapers, you may
obtain Credits/Points by using the Referral Program offered by the Company as follows.
Upon registering and joining 1800Diapers, you will provide the Company with your
email address and we will also give you a unique code to refer new members (your
"Referral Code"). Any person (belonging to a household which has not already opened
up an account with the Company) who enters or provides either your email address
or your Referral Code at the time she places her first order with
the Company will be considered a new member referred by you (a "Referred Person").
The Referred Person will receive a one-time ten dollar ($10.00) discount off only
his/her first valid and accepted order placed with the Company($49 minimum purchase required). Unlike your Referred
Person, you will receive a one dollar ($1.00) Credit for every valid and accepted
order placed with the Company by the Referred Person. The prospective member referred
by you will not be considered your Referred Person and you will not receive any
Credits/Points for his/her accepted orders if (i) the household to which he/she
belongs already has an account with the Company or (ii) such prospective member
did not provide/enter your email address or your Referral Code when placing his/her
first order. You will also not receive Credits/Points for a Referred Person's orders
if the Company determines, in its sole discretion, that the Referred Person has
violated the Account Agreement, The Terms of Use or any other terms and conditions
of the Company.
You may provide us with email addresses or other contact information of prospective
referrals and the Company may send notices or emails on your behalf to encourage
them to open an account with 1800Diapers.
IMPORTANT: BE SURE TO OBTAIN THE CONSENT OF ANOTHER PERSON BEFORE PROVIDING
HIS/HER E-MAIL ADDRESS OR OTHER CONTACT INFORMATION TO THE COMPANY.
For all methods of obtaining Credits/Points, the action to be taken
by (or on behalf of) you must be completed no later than 5 calendar days after Company
has given notice that the Program will be terminated; after such time, Company will
not issue Credits/Points to anyone, notwithstanding whether an action by (or on
behalf of) you would otherwise result in the receipt of Credits/Points under these
Program Terms. As discussed above, upon the effective date of termination of the
Program (15 calendar days after notice is given), all unused Credits/Points will
be forfeited and no compensation will be given.
ORDERING MERCHANDISE USING CREDITS/POINTS
Be sure to visit www.diapers.com periodically
to review your account and check the Credits/Points that have been issued to you.
Acquisition of any merchandise from the Company is also governed by the Company's
Account Agreement. You are strongly advised to carefully read the Account Agreement,
the Terms of Use and the Privacy Policy Statement, all of which are incorporated
herein by reference.
RESTRICTIONS ON REDEMPTION OF POINTS AND USE OF CREDITS;
FORFEITURE
As discussed above, upon the effective date of termination of the Program (15 calendar
days after notice is given), all unused Credits/Points will be forfeited and no
compensation will be given.
Additionally, each credit obtained via the Referral Program will expire within 6 months and each credit obtained
via the Rewards Program will expire within 60 days. All unused Credits/Points are then forfeited
and no compensation will be given.
Credits/Points issued to you cannot be transferred to another member's account or
pooled with Credits/Points in another member's account. Credits/Points may only
be used for orders by the registrant for whom the account was created. While every
reasonable effort will be made to maintain and accurately reflect the transactions
in your account (including but not limited to your balance of Credits/Points), Company
is not responsible for technical errors which may cause incorrect information to
be reflected.
The sale, trading, transfer, assignment, combining, or barter of Credits/Points
or use of Credits/Points for any purpose other than as set forth in these Program
Terms is prohibited.
Points have no cash value, and cannot be purchased or redeemed for cash or credit.
Credits likewise cannot be redeemed for cash, but can only be applied to purchases
from the Company through otherwise valid and accepted orders.
Company reserves the right to reject any order deemed, in its sole discretion, to
violate these Program Terms, and reserves the right to investigate and verify the
legitimacy of any use of Credits/Points. You are advised to print out a copy of
your registration information, the order confirmation screens, the conversion request
confirmation screens (if applicable), the order status screen and account information
screens for your records. In all matters relating to the interpretation and application
of these Program Terms, the decisions of Company shall be final and binding in all
respects.
MERCHANDISE OFFERED
Company makes no warranty or representation regarding the merchandise it will offer
for which Credits/Points can be applied. Company reserves the right to discontinue
the offer of any merchandise.
PRIVACY NOTICE
Company collects personal data when you participate in this Program. For example,
by participating in the Referral Program, each time a Referred Person's valid order
is accepted by the Company, the person who referred the Referred Person may be notified
as he/she is entitled to a $1 credit. Participation in the Program, and your acceptance
of the Terms of Use and/or Account Agreement, constitutes your permission for the
Company to maintain the data.. The data is collected to, among other things, maintain
a record of those who have participated in the Program, to fulfill orders, to properly
issue discounts and Credits/Points, and for marketing purposes, in accordance with
Company's Privacy Policy Statement.
DISQUALIFICATION
Company reserves the right, in its sole discretion, to disqualify any individual
it finds, in its sole discretion, to be tampering with the operation of the Program
(including but not limited to the submission of an order or the acquisition of Credits/Points),
or www.diapers.com or, to be in violation
of the Account Agreement, the Terms of Use of www.diapers.com or these Program
Terms; or to be acting in a non-sportsmanlike or disruptive manner, or with the
intent to annoy, abuse, threaten or harass any other person.
Should any participant be disqualified for any reason whatsoever that participant's
Credits/Points will also be forfeited. Any individual who attempts to defraud Company
in any way will also be subject to prosecution to the fullest extent of the law.
LIMITATIONS OF LIABILITY
- Any attempted participation by Internet or email or any other means, except as permitted
by these Program Terms, is void. Company is not responsible for lost, late, incomplete,
damaged, stolen, misdirected, illegible materials, email or mail; or for any computer,
telephone, cable, network, satellite, electronic or Internet hardware or software
malfunctions, failures, connections, or availability, or for garbled or jumbled
transmissions, or for service provider/Internet/Web site/use net accessibility or
availability, traffic congestion, or unauthorized human intervention, or for inaccurate
capture of any information, Credits/Points, or the failure to capture any such information.
- Company is not responsible for any incorrect or inaccurate information, whether
caused by printing errors, website users, tampering, hacking, or by any of the equipment
or programming associated with or utilized in the Program, and is not responsible
for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to the
website or any communications means. Company is not responsible for injury or damage
to participants' or to any other person's computer related to or resulting from
participating in this Program or downloading materials from or use of the website.
- Should there be any tax liability for the accumulation and/or use of Credits/Points
or the receipt of merchandise in the Program, or expenses for the use and enjoyment
of any such merchandise, or for any other reason, such taxes and/or expenses are
the sole responsibility of the participant. In the event that, during a given calendar
year, a U.S. resident uses or acquires Credits for a total value of $600 or greater
and/or redeems Points for award items having a total retail value of $600 or greater,
Company may be required by law to advise the Internal Revenue Service to this effect,
in the form of a Form 1099; said Form 1099 indicating the total retail value of
such award items and total value of Credits.