THE QUIDSI DIAPERS.COM REGISTRY REWARDS AND DOLLARS FOR DIAPERS (COLLECTIVELY "PROGRAMS") ARE OFFERED ONLY IN THE CONTINENTAL UNITED STATES AND ARE OPEN ONLY TO LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES, WHO ARE 18 YEARS OR OLDER AND HAVE THE REQUIRED LEGAL CAPACITY TO ENTER INTO AN AGREEMENT TO PURCHASE GOODS.
In addition to the terms and conditions set forth herein, the Programs are also governed by the Company's "Diapers.com Registry Rewards" FAQs and "Dollars for Diapers" FAQs on the Websites, all of which are incorporated herein by reference.
- PROGRAM TERMINATION
- Quidsi, Inc. and/or its affiliates (hereinafter the "Company") reserves the right in its sole discretion, for any reason, to terminate all or any portion of the Programs by giving notice to this effect by means of a posting on the homepage of www.diapers.com, www.soap.com, www.wag.com, www.yoyo.com, www.casa.com www.vine.com, www.afterschool.com, www.bookworm.com and www.beautybar.com (the "Websites") 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 Programs will terminate at 11:59 PM Eastern Time on the 15th calendar day following the day on which such notice of termination was given.
- PROGRAM CHANGES
- You understand that your continued membership with the Company via the Account Agreement and/or your participation in these Programs constitutes your consent to, and agreement to abide by, the most current version of these terms and conditions (generally "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 Websites.
- HOW TO PARTICIPATE
- To participate in the Programs, you must first open an account and register with the Company through the applicable Website.
- Diapers.com Registry Rewards Program
- The Company's Registry Rewards ("Registry Rewards" or "Rewards") will only be issued to the Company's Baby Registry Registrants ("Registrants" or "Customers") for promotional purposes, pursuant to these Program Terms and Conditions ("Registry Rewards Program Terms"). The Company reserves the right to terminate all or any portion of the Registry Rewards Program, in its sole discretion, for any reason and at any time by updating these Program Terms.
- Registry Rewards are issued to promote Customer loyalty in proportion to dollars spent on products sold in connection with the Customer's Diapers.com Baby Registry ("Registry"). Rewards are issued solely for promotional purposes and are not issued with respect to the purchase of any particular product(s). Rewards themselves have no intrinsic value, may not be redeemed for cash and serve merely as a means to recognize and incentivize purchases made through, and with respect to, the Registry. Rewards may not be purchased for cash and the Company will not sell Rewards. Rewards have no cash value and can only be applied for discounts off future purchases from the Company as you would utilize a coupon. Rewards are not transferrable and may only be redeemed by or used for orders by the Customer for whom the account was created.
- Rewards are offered as promotional items and are void if sold for cash or other consideration. Rewards cannot be sold, transferred for value, redeemed for cash, transferred to another Customer's account or pooled with Rewards in another Customer's account. Diapers.com, may, in very limited circumstances, for example to resolve customer complaints or maintain customer loyalty, offer Quidsi Credits in exchange for unusable Rewards, but under no circumstances is this a right of Reward recipients.
- Rewards are issued by Quidsi Solutions LLC, a Washington Limited Liability Company. When you redeem Rewards, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Program Terms and any Rewards issues hereunder. All terms and conditions are applicable to the extent permitted by law.
- How to Earn Registry Rewards
- As a participant in the Rewards Program, you will receive Rewards with respect to purchases of select Company products (as indicated on the Websites) made from your active Registry ("eligible purchases"). Registries will remain active for six (6) months from the original expected due date of Registry infant as provided upon registration, unless removed by the Customer prior to that date. Rewards are awarded based on the amount of eligible purchases made on your Registry. You will receive Rewards of 5% of each dollar spent over $500 and less than $1,000, and 10% of each dollar spent over $1,000. For example, if $1,200 worth of eligible purchases are made on your Registry, you will receive $45 worth of cumulative Rewards, deposited in your account as of the date of the last eligible purchase. You cannot earn more than $200 of Rewards per registry no matter how many purchases are made from your Registry. You can only earn $200 in Rewards per calendar year. For each new Registry created, your Rewards purchase value will begin at zero. The purchase price for purposes of Rewards calculation is equal to the item price after all promotions, coupons, and discounts. Purchase price does not include tax or shipping. Rewards are cumulative and Rewards resulting from multiple purchases will accumulate in your customer account. Rewards can be used to purchase any product on any of the Company's Websites. Rewards may not be used to purchase gift cards.
- Rewards will generally be deposited in your Customer account within seven (7) days after the purchased product(s) is shipped to you. For items purchased where the "Ship It Later" functionality is selected, Rewards will generally be deposited in your Customer Account within seven (7) days after the item(s) are purchased. If a product is returned, the return will act to reduce the value of eligible purchases made on your Registry, so that Rewards will be deducted from your account equal to the amount of Rewards earned with respect to the incremental purchase of the items returned.
- The 10% Completion Promo Code
- Within six (6) weeks of your expected due date as provided upon registration, you will receive a promo code via email that can be used to receive 10% off eligible items remaining on your Registry ("10% Promo Code"). Use the 10% Promo Code as you would a coupon. You can apply the 10% Promo Code to items from your registry with the exception of diapers, wipes, formula, baby food, and gift certificates. The 10% Promo Code may not be applied to excluded brands, including but not limited to: aden + anais, Ameda breast pumps, Argington, Baby Bjorn, Baby K'Tan, Baby Jogger, Babymel, BEABA, Bedtime Originals, Belly Bandit, Bloom, BOB, Britax, Bugaboo, Bumbleride, bumGenius, Clek, Cybex, Dandelion, DaVinci, Dayla Baby, Diono, Ergobaby, 4 moms, HABA, Inglesina, Ingrid & Isabel, Kettler, KidCo, Kissy Kissy, Lambs & Ivy, Maclaren, Maxi-Cosi, Mountain Buggy, Naturepedic, Oeuf, Orbit Baby, OXO Tot, Pediped, Peg Perego, Phil & Teds, Q Collection, Quinny, Recaro, Spot on Square, Stokke, Storksak, Svan and Valco Baby.
- Your 10% Promo Code will expire six (6) months from the expected due date of the Registry infant as entered upon registry sign-up. Rewards are not combinable with the 10% Promo Code. Registry Rewards are not awarded for purchases made using the Promo Code. Customers can only receive one 10% Promo Code per year. The 10% Promo Code has no intrinsic value and may not be redeemed for cash. The 10% Promo Code merely serves as a means to recognize and incentivize participation in the Rewards Program. The 10% Promo Code may not be purchased for cash and the Company will not sell Rewards or Promo Codes.
- How to Redeem Registry Rewards
- Registry Rewards will be automatically deposited into your Customer account after eligible purchases are made on your Registry, and will be automatically applied to future orders on the Websites to the extent available and subject to the applicable limitations contained in these Program Terms. You will only be entitled to redeem Rewards if the following conditions have been satisfied:
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- You have sufficient Rewards in your Customer account at the time of purchase; and
- You select an eligible product(s) from the Websites with respect to which Rewards may be utilized.
- If an order exceeds the amount of the Rewards used, the balance must be paid with a credit card or other available payment method. No cash will be provided in connection with any redemption of the Rewards or in the context of returns of products.
- To view your Rewards balance, please visit the "My Account" section of the Websites, under the "Promotional Credits" section of the "My Credits" page. Rewards will be designated as "Registry Rewards."
- Expiration
- Rewards expire one year after expected due date of the Registry infant as provided upon registration.
- Termination of Prior Registry Rewards Program
- Effective March 7, 2013, Company will terminate its existing Registry Rewards Program and implement the new Program as the Program has been described in these Program Terms. However, your existing Registry Rewards earned under the prior Registry Rewards Program will automatically be converted to Rewards under the current Rewards Program. In addition, your purchase value used to calculate Rewards will not be reset and you will be entitled to Rewards equivalent to the amount of eligible purchase made as of March 6, 2013. For example, if a Customer has a Registry where $999 of eligible purchases had been made as March 6, 2013, that customer would have already earned $50 in rewards under the prior program and that amount (if not previously used) would be reflected in the Customer's account. On March 7, 2013, since that Customer already made $499 in eligible purchases, the Customer will receive a Reward of $24.95 ($499*5%). That amount will be deposited in that Customer's account within twenty-four (24) hours.
- Dollars for Diapers
- Registry Registrants are automatically eligible to register to receive "Dollars for Diapers" credits ("Dollars for Diapers") as gifts. Purchasers of gifts on your Registry can elect to purchase Dollars for Diapers for you. Dollars for Diapers credits cannot earn Rewards. Dollars for Diapers s can be gifted in pre-set dollar amounts and are redeemable solely for diapers (including cloth diapers) on Diapers.com. Dollars for Diapers may not be redeemed for cash, except as required by law. Dollars for Diapers have no cash value and may only be used to purchase diapers through diapers.com. Dollars for Diapers do not expire and are not subject to fees.
- Dollars for Diapers are not refundable. Diapers.com, may, in very limited circumstances, for example to resolve customer complaints or maintain customer loyalty, offer compensation or Quidsi Credits for gifted Dollars for Diapers, but under no circumstances is this a right of Dollars for Diapers recipients. For more information please visit customer care at: http://www.diapers.com/aboutus/contactus.aspx. Dollars for Diapers may only be redeemed by or used for orders by the Customer for whom the account was created. Refund of returned Diapers (purchased with Dollars for Diapers) will be credited back to your Dollars for Diapers account.
- Dollars for Diapers are void if sold for cash or other consideration. Dollars for Diapers cannot be sold, transferred for value, redeemed for cash, transferred to another Customer's account or pooled in another Customer's account. Dollars for Diapers cannot be purchased with Quidsi Gift Cards, Credits or other rewards program instruments offered by the Websites.
- Dollars for Diapers are deposited into your Customer Account within twenty-four (24) hours after they are purchased for you. Your Dollars for Diapers account balance will be displayed in the Manage Registry Page and on your My Account page. Dollars for Diapers account balances cannot exceed $2,000.
- Registries will remain active for six (6) months from the original expected due date of the Registry infant as provided upon registration, unless removed by the Customer prior to that date. When the Registry expires, the Dollars for Diapers account balance can then be viewed on the My Accounts page. You can opt out from being eligible to receive Dollars for Diapers at any time. Any Dollars for Diapers already purchased will remain in your Customer Account and will be accessible on your My Account page.
- Dollars for Diapers are issued by Quidsi Solutions LLC, a Washington Limited Liability Company. When you purchase, receive or redeem a Diapers.com Gift Card, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Gift Card terms and conditions. Quidsi Solutions LLC reserves the right to change these terms and conditions from time to time at its discretion. All terms and conditions are applicable to the extent permitted by law.
- ORDERING MERCHANDISE USING CREDITS/REWARDS
- Be sure to visit the Websites periodically to review your account and check the Credits/Rewards 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.
- GENERAL TERMS
- Credits, Points and Rewards cannot be sold, transferred for value, redeemed for cash, transferred to another member's account or pooled with Credits, Points and Rewards in another member's account. Credits, Points and Rewards may only be redeemed by or used for orders by the registrant for whom the account was created.
- Points have no cash value, and cannot be purchased or redeemed for cash. Registry Rewards likewise cannot be redeemed for cash, and have no cash value. You will only be entitled to redeem Rewards if you satisfy the conditions precedent outlined above. Credits can only be applied to purchases from the Company through otherwise valid and accepted orders.
- The sale, trading, transfer, assignment, combining, or barter of Credits, Points and Rewards or use of Credits, Points and Rewards for any purpose other than as set forth in these Credits, Points and Rewards terms and conditions is prohibited.
- 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 and Rewards), Company is not responsible for technical errors which may cause incorrect information to be reflected.
- Company reserves the right to reject any Credits, Points and Rewards redemption, which it determines in its sole discretion, violate these Program Terms, to investigate and verify the legitimacy of any use of Credits, Points and Rewards and to close customer accounts and bill alternative forms of payment if fraudulently obtained Credits, Points and Rewards are redeemed and/or used to make purchases on the Websites. 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.
- Credits, Points and Rewards are issued by Quidsi Solutions LLC, a Washington Limited Liability Company. When you redeem Credits, Points and Rewards, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Program Terms and any instruments issued hereunder. Quidsi Solutions LLC reserves the right to change these Program Terms from time to time in its sole discretion. All terms and conditions are applicable to the extent permitted by law.
- MERCHANDISE OFFERED
- Company makes no warranty or representation regarding the merchandise it will offer for which Credits, Points and Rewards can be applied. Company reserves the right to discontinue the offer of any merchandise.
- PRIVACY NOTICE
- Company collects personal data when you participate in these Programs. Participation in the Programs, 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 Programs, to fulfill orders, to properly issue discounts and Credits, Points and Rewards, 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 Programs (including, but not limited to, the submission of an order or the acquisition of Credits, Points and Rewards), or the Websites, or to be in violation of the Account Agreement, the Terms of Use of the Websites 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 and Rewards 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.
- DISPUTES
- Any dispute relating in any way to Credits, Points and Rewards in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.
- LIMITATIONS OF LIABILITY
- QUIDSI INC. AND/OR ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO POINTS, REWARDS OR CREDITS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT POINTS OR CREDITS ARE NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH POINTS, REWARDS OR CREDITS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Any attempted participation 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/Website/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, Credits, Points and Rewards, 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 Websites 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 Websites.
- Should there be any tax liability for the accumulation and/or use of Credits, Points and Rewards or the receipt of merchandise in the Programs, 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 acquires or redeems Credits for a total 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.
