BabyQuip Refer-A-Friend Program Terms

These terms and conditions (“Terms”) apply to your participation in the BabyQuip Refer-A-Friend Program (“Program”) operated by BabyQuip, Inc (“Company,” “our,” “us” or “we”). By participating in the Program, you acknowledge that you have read, understood and agreed to be bound by these Terms and the BabyQuip Customer Terms of Use at https://www.babyquip.com/terms (“Company Terms”), which require, without limitation, limitations of liability in favor of Company and binding arbitration for claims between you and Company and a waiver of bringing class action claims against Company, all of which apply to these Terms and this Program. Capitalized terms not defined in these Terms will have the meaning assigned to them in the Company Terms. In the event of a conflict between these Terms and the Company Terms, the provision that is more protective of Company will control.

1. Eligibility:

The Program is open only to legal residents of the 50 United States, District of Columbia, and Puerto Rico who are at least eighteen (18) years old. Directors, officers, members, managers, and employees of Company and any of its respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, webmasters, Independent Quality Providers and immediate family members (spouse, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to participate in the Program (including receiving credits or other rewards in the Program). If you are under the legal age of majority in your state or jurisdiction of residence (a “Minor”), one of your parents or legal guardians represents that that they have read, understood and agree to these Terms, and that such agreement constitutes acceptance of these Terms on behalf of you and themselves. Corporations, groups and other entities are not eligible.

2. How to Participate:

• Agree to these Terms and Company will provide you with a personalized referral link (“Link”).
• Send your Link to friends (e.g., via email or social media) who are potential new BabyQuip customers. The Link provided in your referral may expire and/or change at any time in Company’s sole discretion.
• To be deemed a valid referral in this Program (“Valid Referral”), the eligible friend who receives the Link must (a) not have been a BabyQuip customer prior to registering for a BabyQuip account via your Link, (b) open a new account with Company immediately upon clicking on the Link (creating a BabyQuip account via other means will not count for this Program); (c) make a reservation or appointment with Company using the $20 credit the referral gets upon registering for a new account with BabyQuip via your Link; and (d) successfully complete and pay for that same reservation or appointment. We will determine in our discretion whether the friend is a new customer and if you have achieved a Valid Referral.
• Comply with the “Representations and Warranties” below, including disclosure of your incentivized connection with us (e.g., let your friend know you will get a credit for successful referrals). This is a legal requirement, and failure to include that notice may result in voiding any incentives/credits.

You will receive a credit for each valid referral as set forth in the “Credits” section below.

LIMIT: ONLY FIVE (5) REFERRALS PER PERSON EACH CALENDAR YEAR. YOU MUST NOT ENGAGE IN FRAUDULENT BEHAVIORS OR SPAM TO OBTAIN REFERRALS OR VIOLATE ANY THIRD-PARTY TERMS OR POLICIES TO OBTAIN REFERRALS. SUCH BEHAVIORS MAY RESULT IN DISQUALIFICATION FROM THE PROGRAM.

3. Representations and Warranties

You represent and warrant that:

• You satisfy all of the eligibility requirements in the Terms, and that you will not send unsolicited bulk emails or other electronic messages or texts (spam).
• You will disclose your connection with us (e.g., “[Friend], please rent from BabyQuip using my link and I will get rewards from BabyQuip”).
• You will not engage in any of the prohibited activities listed below. The following actions are strictly prohibited and we may void your rewards, and terminate your participation in the Program.
  • Use multiple accounts, including with different email addresses, for the same person in order to generate additional rewards, or engage in any other fraudulent activity;
  • Refer persons using spam or mass forms of communication, including posting the Link on message boards or forums;
  • Post your Link or otherwise post regarding the Program on social media more than once a day per platform;
  • Promote the Program or your Link through paid media, such as billboards, banner advertisements, or sponsored search results, or enter into an arrangement with any third party that compensates that third party for promoting the Program or the Link;
  • Use false names, impersonate other people, or otherwise provide false or misleading information in connection with this Program;
  • Offer any incentive to others to register with BabyQuip;
  • Violate these Terms or the Company Terms in any way

4. Credits:

Referrers will receive a $20 credit in their BabyQuip account for each Valid Referral (defined above), subject to the stated maximum above. We may choose to offer additional promotions and incentives throughout the year that are part of this Program. Any additional terms described in the offer will be deemed part of these Terms. Any such promotions are at the sole discretion of BabyQuip, and, together with any other programs or promotions, are not guaranteed under these Terms.

There is no cash value for credits or other rewards in this Program. Credits and other rewards in this Program are not transferable and may not be assigned, auctioned, traded, bartered or sold (whether by operation of law or otherwise). Credits and rewards in this Program are not your property and may not be passed on to any third party whether by marriage, death, descendability or otherwise. We reserve the right to revoke and/or modify credits and other rewards if we determine, in our sole discretion, that a referrer has engaged in fraudulent referring or Program activity. Referrers cannot earn credit for referring themself. A credit will not be earned for a friend who was previously a customer of BabyQuip under any email address or alias. Credit(s) received may not be redeemed on the following: sales tax, delivery, donations, or purchases of gift cards. Other exclusions and restrictions may apply. We are not responsible for communication errors, including distribution of credits, due to a change of email address or other changes in contact information.

5. Verification & Program Updates

Referrals are subject to verification by us. We may delay the issuance of a credit for the purposes of investigation. We may also refuse to verify and process any transaction we deem, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms, or if we believe will impose potential liability on Company. A referrers account will be updated with earned rewards within approximately two (2) days upon Company’s verification of each Valid Referral. You agree to provide additional documentation upon request during verification.

Participation in the Program may require you to submit information about you, such as name and email address. You agree to receive communications from us with regard to your participation in the Program and otherwise. Any information collected from you or your referred person as part of the Program will be subject to our Privacy Policy at https://www.babyquip.com/privacypolicy.

We reserve the right in our sole discretion at any time and without prior notice to you to terminate, add to, remove, or otherwise change these Terms, including by changing the rewards given, modifying how you may earn rewards, changing the maximum number of referrals per calendar year, modifying the duration and expiration of rewards, changing the maximum amount of referral rewards that you may earn, and discontinuing the Program entirely. We will post an updated version of these Terms on https://www.babyquip.com, and you will be deemed to have accepted such changes by continuing to use the website or the Program after the date such changes are posted.

These Terms do not create the relationship of employer and employee, a partnership, joint venture or other relationship between you and Company. The Program and these Terms will be governed, construed and interpreted under the laws of the State of California and in accordance with the Company Terms at https://www.babyquip.com/terms. To the fullest extent permitted by applicable law, Company and any of its respective subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or links; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Company or the Released Parties’ reasonable control; and (c) any Program disruptions, injuries, losses or damages caused by events beyond the reasonable control of Company or the Released Parties by non-authorized human intervention. By participating in the Program, to the fullest extent permitted under applicable law, you (and if you are a Minor, your parent or legal guardian) release Company and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Program and the rewards given in connection with the Program (including claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. The use of the terms “includes” or “including” is illustrative and not limiting.