Refer-A-Friend Terms & Conditions| The Children's Place CA

Refer-A-Friend Terms & Conditions

Effective Date: October 10, 2024

The Children’s Place, Inc. and its affiliates (“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 www.childrensplace.com (the “Site”).

Binding Agreement
These Terms and Conditions (“Terms”) govern your use of and access to the Program and indicate your agreement to them, and contain a mandatory arbitration provision (Section 15) and class action waiver below (Section 15). If you are a resident of Canada, or if you are a resident or have purchased a product in any state, province, territory or jurisdiction where such clauses or waivers are prohibited, then Section 15(a) does not apply to you to the extent of the prohibition. All of the Company's decisions regarding the Program, these Terms, or rewards offered through the Program are final and binding.

Eligibility
You must be a legal resident of the U.S., Puerto Rico, or Canada and at least the age of majority in your state or province 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.

How the Program Works
To participate in the Program, you must visit the Site and follow the on-screen instructions to refer your friends, family members or colleagues. You must ensure that you only refer individuals with whom you have a personal or family relationship, and who would want to receive the referral email. We will send your Friend(s) an email about the referral program on your behalf, and we will send you an email to notify you when your Friend(s) makes an eligible purchase. 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 in order for the Referrer to receive their reward.

Referral Process
1. You must complete the referral form (friend email address, your name, and your email address) or share your referral link with a Friend.
2. The Friend will receive an email with a reward ($10 off $40+ order coupon) that is valid 7 days after the email receipt.
3. A reward ($10 off $40+ order coupon) may only be redeemed once per new customer on their first purchase.
4. When the Friend successfully makes a purchase within 7 days of receiving the referral, you (the Referrer) will receive an email containing a $10 off $40+ order coupon that is valid for 30 days after the email receipt.
5. You may continue to refer Friends per the Terms here.

Restrictions
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, (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program; or (iv) harvest or otherwise collect or store any information (including personal information about any other individual, including e-mail addresses) without the express consent of such individual in compliance with applicable laws. 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.

Rewards
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.

Liability
IN THE EVENT YOU ARE A RESIDENT OR HAVE PURCHASED A PRODUCT WITHIN A STATE, PROVINCE, TERRITORY OR JURISDICTION THAT PROHIBITS THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONDITIONS THEN SUCH LIMITATIONS OR EXCLUSIONS DO NOT APPLY TO YOU TO THE EXTENT OF THE PROHIBITION. 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 DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR 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. 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, penalties, 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)), the sending of electronic messages 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, whether similar or dissimilar.

Disclaimer of Warranties
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 AND CONDITIONS AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE; (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.

IN THE EVENT YOU ARE A RESIDENT OR HAVE PURCHASED A PRODUCT WITHIN A STATE, PROVINCE, TERRITORY OR JURISDICTION THAT PROHIBITS THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONDITIONS THEN SUCH LIMITATIONS OR EXCLUSIONS DO NOT APPLY TO YOU TO THE EXTENT OF THE PROHIBITION.

Bulk Distribution ("Spam")
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 (i) has the appropriate permission and consent of the email recipient; (ii) is only sending the email to individuals with whom the Referrer has a personal or family relationship; and (iii) is not engaging in harassing, unethical, illegal or otherwise improper conduct. Bulk email distribution, distribution to strangers or to individuals with whom the Referrer does not have a personal or family relationship, or any other use of the services described herein in a manner that is not permitted 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 these terms or applicable law, including anti-spam laws, are obligated to indemnify the Released Parties against any liabilities, costs and expenses it incurs as a result of such spam or other actions.

Sign-In Credentials
You are responsible for maintaining the confidentiality 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.

Privacy
The personal information collected, processed and used as part of the Program will be treated in accordance with Company’s Privacy Policy, which can be found at www.childrensplace.com/privacy-us. If you would like to opt-out of receiving referral emails, you may do so by clicking the unsubscribe link at the bottom of each referral email.

Right to Cancel, Modify or Terminate
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 15. 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.

Severability
Except for the Mass Arbitration Process Requirements section, 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. However, if a Claim is part of a Mass Arbitration, and any part of the Mass Arbitration Process Requirements section is found to be invalid, void, or unenforceable, the Arbitration Agreement & Waiver of Certain Rights, including the Mass Arbitration Process Requirements section, shall be severed in its entirety.

Informal Dispute Resolution
We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, or to court if you are a resident of Canada, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at The Children’s Place, Inc., 500 Plaza Dr, Secaucus, NJ 07094, USA, Attention: Legal Department, of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence proceedings as set out in these Terms to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an action is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

15. Dispute Resolution

(a) Arbitration Agreement and Waiver of Certain Rights

Unless you are a resident of Canada (in which case Section 15 (b) shall apply), you and The Children’s Place agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and The Children’s Place or you and a third-party agent of The Children’s Place (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any Claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your Claim at The Children’s Place, Inc., 500 Plaza Dr, Secaucus, NJ 07094, USA, Attention: Legal Department. This letter must be sent at least ten (10) business days before you initiate an arbitration proceeding against us.

Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Children’s Place will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or The Children’s Place from seeking action by federal, state, or local government agencies. You and The Children’s Place also have the right to bring qualifying Claims in small claims court or transfer qualifying Claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) business days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and The Children’s Place retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor The Children’s Place may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or The Children’s Place’s individual Claims.

If for any reason a Claim proceeds in court rather than in arbitration, you and The Children’s Place each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

This Arbitration Agreement Section of the Terms will survive the termination of your relationship with The Children’s Place.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE CHILDREN’S PLACE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Mass Arbitration Process Requirements

If twenty-five (25) or more similar claims are asserted against The Children’s Place at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim) (a “Mass Arbitration”), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner is directly or indirectly paying or advancing the arbitration fees and costs in a mass arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between the claimants, on the one hand, and us, on the other hand. The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the parties in amounts they see fit to ensure a fair division among the parties. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by The Children’s Place. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which The Children’s Place will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by The Children’s Place. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which The Children’s Place will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against The Children’s Place. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

(b) Governing Law, Choice of Forum and Waiver of Rights for Canadian Residents

If you are a resident of Canada, you and The Children’s Place agree that any Claim shall be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to these Terms or your access to or use of the Site must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

16. French Language

Applicable only if you reside in the Province of Quebec: You acknowledge having been offered the choice to enter into these Terms in English and in French and having expressly requested to enter into these terms in English only, after being provided with the French version. Therefore, the parties hereby consent to these Terms being drawn up exclusively in English and to have all related documents be drawn up in English only. Vous reconnaissez vous être fait offrir le choix de conclure ce contrat en anglais et en français et avoir expressément demandé de le conclure uniquement an anglais, après avoir reçu la version française. Par conséquent, les parties conviennent que ce contrat soit rédigé exclusivement en anglais et que tous les documents qui s’y rattachent soient uniquement en anglais.