babyfirst Rewards Club Terms

BABYFIRST REWARDS CLUB TERMS OF USE

Effective Date: October 6, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE BABYFIRST REWARDS CLUB PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE BABYFIRST REWARDS CLUB PROGRAM.


These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will:

Eliminate your right to a trial by jury; and substantially affect your rights, including preventing you from bringing, joining, or participating in class or consolidated proceedings.

You agree that we may provide updates, notices, disclosures, and amendments to these Terms of Use, and other information relating to the babyfirst Rewards Club program by electronic means, including posting such information and materials online at https://www.shop.babyfirsttv.com.


ADDITIONAL TERMS

These Terms of Use apply to your access to, and participation in, the babyfirst Rewards Club program in the United States ("babyfirst Rewards Club"), which is operated by BFTV, LLC.


CHANGES TO TERMS

babyfirst reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to babyfirst Rewards Club, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.shop.babyfirsttv.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in babyfirst Rewards Club following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in babyfirst Rewards Club.


PERSONAL USE

babyfirst Rewards Club is intended for personal use only. Commercial use is prohibited. babyfirst Rewards Club is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in babyfirst Rewards Club only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Our Privacy Statement is incorporated into these Terms of Use and also governs your participation in babyfirst Rewards Club. Please read the Privacy Statement carefully to understand how babyfirst collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.


ABOUT BABYFIRST REWARDS CLUB

babyfirst Rewards Club is one way in which babyfirst endeavors to reward and thank loyal customers for patronizing our business and purchasing babyfirst products. babyfirst Rewards Club members are able to earn and accumulate "Points" that can be redeemed for babyfirst Rewards Club benefits ("Rewards") at shop.babyfirstTV.com.


JOINING BABYFIRST REWARDS CLUB

To join babyfirst Rewards Club, go to www.shop.babyfirsttv.com/account/register, and follow the prompts to create an account. You will be required to provide the following information:

First and last name, email address, and password.

Social Media handles (Social Media accounts username) is optional to receive points for your social media interactions and participation. If you do not provide your social media handles you will not receive Points for participating in promotional social media activities and events.

Kid's Birthday (month, day) is optional to receive birthday offers. If you do not provide birthday information you will not receive your Birthday Reward.

When you join babyfirst Rewards Club, you automatically are provided with an account with ten (10) Points balance. There are different ways you can get more points, the permanent ways are listed under "EARNING POINTS", and temporary promotions and deals are frequently posted on babyfirst's Social Media accounts (www.facebook.com/groups/BabyFirst, https://www.instagram.com/babyfirst/) and also sent out through babyfirstTV's newsletter emails.


EARNING POINTS

The Points that are available to you are based on the activities you have done through babyfirst's website, social media, and participating Apps. You can earn Points by making purchases at the babyfirst Store and in the following ways:

For your Qualifying Purchases of goods from shop.babyfirsttv.com/store. You will earn 1 (one) Point for every $1 (one) U.S. Dollar you spend.

Birthday Points. On your kid's birthday (as indicated in your babyfirst Rewards Club account), you will receive 50 (fifty) Points. If the birthday is within thirty (30) days of the registration date, Points will be available thirty (30) days after registration. Limited to 50 (fifty) Points per year. In the case of two or more children, please contact customer service at 833-222-9178. You can check to see if your Birthday Reward is available by accessing your account on www.shop.babyfirstTV.com/account


Successful Referrals. To participate, once you have created your account, visit www.shop.babyfirsttv.com/account and follow the on-screen instructions to start referring. You will be provided a link which you can share with your friends and colleagues as much as you want. If a user uses your personal link and subscribes to the babyfirst Rewards Club, they will receive a coupon code worth $10.00 for their first purchase of $50.00 or more at the babyfirst Store, you (“Referrer”) will receive Points worth $10.00, to use for designated babyfirst merchandise. There is a limit of 10 successful referrals per calendar year that a Referrer may receive, and coupon code and Points may only be used for babyfirst merchandise (www.shop.babyfirsttv.com) and may never be redeemed for cash.

Promotional Bonus Points Offers. From time to time, we, or others acting with our permission, may offer you opportunities to earn additional "Bonus Points" through special promotions. These promotional Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such a promotional offer.

Partnership Programs. Eligible customers may earn Points through participation in programs offered by our business partners.

Note that Points may be earned in fractional amounts depending on the value of your purchase.

 

MULTIPLE PAYMENT METHODS

If you use more than one payment method in a single transaction, you will earn Points based on the earn rate associated with each payment. For example, if your order is $20 and you pay $10 with your babyfirst Points and $10 with a credit card, you will earn a total of 10 Points for the amount paid with your credit card. Redeeming Points in transactions does not give you new Points.


EXCLUSIONS TO EARNING POINTS; PARTICIPATING STORES ONLY

You may not earn Points in connection with certain types of beta or promotional programs, or on purchases made with a babyfirst Store gift card or other forms of service recovery coupons. Taxes, and fees, including without limitation, shipping and handling fees, gift-wrapping fees, delivery fees, and bag fees, also may be excluded and ineligible for Points accrual.


RETURNS

For information about how babyfirst handles returns, please read our Return Policy. Your Points balance may be impacted by returns as follows:

If you void a purchase, babyfirst will deduct the Points that you earned for that purchase, potentially resulting in a negative Points balance on your account.

If you return merchandise that you purchased online at www.shop.babyfirstTV.com (note: an original receipt or gift receipt is required), your funds will be returned to you based on our Returns and Refund Policy, and babyfirst may deduct the Points earned in connection with your purchase, potentially resulting in a negative Points balance.


POINT EXPIRATION

Unless otherwise noted, Points are automatically added to your account within twenty-four (24) hours of your eligible purchase and do not expire as long as you are an active babyfirst Rewards Club member or otherwise noted. You can view and track your Points balance, as well as any additional benefits for which you are eligible as a BabyFirst Rewards Club member, on https://shop.babyfirsttv.com/account


VALUE OF REWARDS POINTS

Every Point you earn is equal to $0.10 when redeeming toward eligible babyfirst goods.

babyfirst Points are not your property and have no cash or monetary value. They can’t be redeemed for cash or its equivalent, and any unused portion is not returnable as cash.

babyfirst Points are not purchasable by cash or any other form of monetary or other payment. Points Codes (or any remaining babyfirst Points balance) may not be exchanged or substituted with cash, other rewards certificates, or other financial compensation regardless of the number of BabyFirst Points on the Points Codes.

You can’t transfer or move babyfirst Points unless expressly provided for in these Terms and Conditions.


REDEEMING POINTS


You can redeem Points for babyfirst goods at shop.babyfirsttv.com.

Points cannot be applied toward sales tax and/or other fees, such as shipping and handling fees.

If the number of Points on your account is greater than the price of the item purchased, the remaining balance of Points will remain on your account. No cash or other financial compensation will be returned to you when the price of the item purchased is less than the number of Points on your account.

babyfirst merchandise redeemed with Points can be returned, subject to return policies. Please have an original receipt available at the time of the return so that Points can be restored to your account. babyfirst Points can’t be applied toward past purchases or past orders of goods and services.

Third party operating merchants and service providers are responsible for the quality and performance of any goods or services they provide. We are not responsible for any aspects of the goods and services provided by third-party operating merchants or service providers. Points are provided only for personal, family, or household use.

Use of Points from babyfirst Rewards Club is subject to these Terms and Conditions.

BFTV, LLC can change where you can use your Points at any time.


ADDITIONAL BENEFITS OF BABYFIRST REWARDS CLUB

As a babyfirst Rewards Club member, you may be eligible for the following additional benefits.:

Early or extended access to certain promotions and offers. babyfirst may offer babyfirst Rewards Club members early or extended access to special menu items or discounts at participating stores. You may take part in these offers by participating in our Social Media accounts' events ( https://www.facebook.com/groups/BabyFirst, https://www.instagram.com/babyfirst/) and/or opt-in to join babyfirst's marketing email.

Personalized offers and coupons. Special offers may be distributed by email, through the App (including via push notifications), or by physical mail. You may be required to opt-in and activate special offers via the App or via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from babyfirst and you may be required to provide a valid email, telephone, and physical address. Special offers may be customized based on your purchase behaviors and preferences and may include periodic discounts on merchandise, or the opportunity to earn Bonus Points. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.

Double Point Day. babyfirst may offer Double Point Days, where you can earn twice the number of Points for your purchase. babyfirst will notify you of a designated Double Point Day, which will be personalized and selected by babyfirst for you. You must opt-in to receive promotional and marketing emails from babyfirst in order to receive notice of a designated Double Point Day. babyfirst reserves the right to exclude certain products and merchandise from Double Point Day eligibility and to modify the Double Point Day benefit.

babyfirst reserves the right to change or suspend the number and type of benefits offered to members of babyfirst Rewards Club at its sole discretion at any time.


OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

There is no participation or membership fees associated with babyfirst Rewards Club. Points accrued in connection with babyfirst Rewards Club are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with babyfirst Rewards Club cannot be combined with any other offers or discounts, unless otherwise expressly indicated by babyfirst.

Your Points, Rewards, and babyfirst Rewards Club account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) babyfirst Rewards Club account that is personal to you.

Without notice to you, babyfirst reserves the right to suspend any Points registered to your account and/or terminate your account and/or your participation in babyfirst Rewards Club if babyfirst determines, in its sole discretion, that you have violated these Terms of Use or that the use of your babyfirst Rewards Club account is unauthorized, deceptive, fraudulent or otherwise unlawful. babyfirst may, in its sole discretion, suspend, cancel or combine babyfirst Rewards Club accounts that appear to be duplicative. In the event that your participation in babyfirst Rewards Club is terminated, all accrued Points in your account are void.

Without notice to you, babyfirst also reserves the right to "unregister" and make ineligible for babyfirst Rewards Club any account that has been inactive for two (2) consecutive years. Inactivity is defined as no Points earned during such two (2) consecutive year period. In the event that your account is unregistered or rendered inactive, all accrued Points in your account are void.

babyfirst reserves the right to change, modify, discontinue or cancel babyfirst Rewards Club or any part of the babyfirst Rewards Club program, at any time and in its sole discretion, without notice to you.


ARBITRATION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in babyfirst Rewards Club, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in babyfirst Rewards Club, or your relationship with BFTV, LLC or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at https://shop.babyfirsttv.com/pages/contact-us to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Each party will bear the fees and expense of its own attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.


GOVERNING LAW

Any dispute arising from these Terms of Use or your access to or participation in babyfirst Rewards Club will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles.


SEVERABILITY

If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.