This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. Occasionally there may be information on our Websites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any entries that are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Winner may be required to furnish proof of identity, address and birthdate in order to receive the Prize. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. If traveling to Los Angeles, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. There is a limit of one (1) account per individual and you may only establish an account if you are 18 years of age or over. Eligibility: The Giveaway is only open to legal residents of the United States who are at least 18 years of age at the time of entry. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. Delivery/nursing maternity robes will make your visit during and after the hospital comfortable and stylish. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. There are three stages you may see your rewards in: In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Websites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Arbitration shall be initiated through JAMS. By accessing or using any part of our Websites, you agree to be bound by these Terms. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account. Any reliance on the material on the Websites is at your own risk. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Msg & Data rates may apply. Entrants registration and participation in the Giveaway shall be governed by the terms and conditions contained herein (the Official $500 Gift Card Giveaway Rules). Participation in the Giveaway is at entrants own risk. We are committed to providing quality, functional comfort in un-compromised signature designs for your family. Log into your Posh Peanut account and claim a reward in the Redeem section of this page or click here. Ultra-soft long sleeve pajama set in our signature Sailor Blue design. You are solely responsible for any comments you make and their accuracy. To enter, you must subscribe and agree to receive Email &/or SMS promotional and automated marketing messages from Posh Peanut Inc between 12:00 am PDT on August 12, 2021 and 11:59pm PDT on August 15, 2021 (the Entry Period). signing up for our mailing list, registering for an account, etc.) By entering or accepting a prize in the Giveaway, winner agrees to be bound by these Official Giveaway Rules and to conform to all federal, state and local laws and regulations. To earn rewards to use towards future PoshPeanut.com purchases, just: We reserve the right to refuse service to anyone for any reason at any time. SMALL CLAIMS OPTION:You and Posh Peanut agree that if a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows: (a) The parties may take their claims to small claims court without first filing with the JAMS. Such new features and/or services shall also be subject to these Terms. The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. The Sponsor shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail, disconnection of service or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. Made from our signature Ppook viscose from bamboo, Posh Peanut will have the whole family living in ultimate comfort! Entries generated by script, macro or other automated means are void. ", "My bestie just gave birth to her second child and says she cant live without this robe and the marching swaddle blanket. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. Third-party links on the Websites may direct you to third-party websites that are not affiliated with us. Historical information, necessarily, is not current and is provided for your reference only. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Dont worry-just keep referring. You acknowledge and agree to not send any prohibited content over the Platform. We have weekly drops with amazing new prints made of lush Ppook Bamboo! Approved (Our Favorite): You have had a successful referral-you may now redeem your points for a reward. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. OPT-OUT OF AGREEMENT TO ARBITRATE:You can decline this agreement to arbitrate by emailing us at legal@puravidabracelets.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms. You also agree to our Posh Peanut Terms of Use and Posh Peanut Privacy Policy. Of course! Signature Posh Peanut Footie grips, elastic backing on footies for a snug fit and fold-over mittens in sizes NB and 0-3M. By receipt of any Prize, the applicable winner agrees to release and hold harmless Releasees for 1) failed, returned or misdirected notifications based on inaccurate information provided by the winner on the Giveaway entry form, 2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Giveaway, 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any part of this Giveaway or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. Made with soft Viscose from Bamboo. You agree to indemnify, defend and hold harmless Posh Peanut and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. We are committed to providing quality, functional comfort in un-compromised signature designs for your family. We reserve the right to discontinue any product or Service at any time. No. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. For any further questions, concerns, or feedback, please contact us at help@poshpeanut.com or head over to our website and chat with a live agent. Any offer for any product or Service made on the Websites is void where prohibited. Share your unique referral link with a friend (via email, Facebook, Messenger, WhatsApp, or by copying your unique link). We are committed to providing quality, functional comfort in un-compromised signature designs for your family. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. Rewards cannot be combined with other discounts or offers. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. The $500 Posh Peanut Gift Card Giveaway (the Giveaway) is sponsored by Posh Peanut Inc (the Sponsor) having an address of 4300 San Fernando Road Glendale, CA 91204. These products or services may have limited quantities and are subject to returns only according to our Return Policy. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice at any time. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 13 and children under the age of 13 are not to submit any personally identifying information through the Website. Odds: The odds of winning depend on the number of eligible entries received. Not all cellular phone providers carry the necessary service to participate. However, you can use your rewards on already marked-down items in the sale section. Were here to help! This can occur if the person you referred canceled their order. SECTION 4 - MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES. The Giveaway is void where prohibited by law. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. ): This means your points have not passed our pending stage. We reserve the right to change this Agreement from time to time. Prize: At the end of the Entry Period, there will be one (1) drawing in which one (1) potential winner shall be randomly selected from all eligible entries received during the Entry Period by employees or representatives of the Sponsor to receive the Prize: a $500 Posh Peanut Gift Card. Winner Notification: Winners will be notified via e-mail and/or mobile number to the e-mail address and/or mobile number they entered during the Giveaway entry period within five (5) days following the winner selection. Certain products or Services may be available exclusively online through the Websites. "I have loved every piece of baby clothing I have ordered from Posh Peanut and this adorable romper is absolutely precious! Mix and match with your favorite solids. Eco-friendly, lightweight, breathable and buttery soft- Posh Mamas can't get enough! You can return your eligible items within 30-days of the order date if applicable to our return policy. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Websites and Services, use of the Websites and Services, or access to the Website and/or Services or any contact on the Websites through which any Services are provided, without our express written permission. If any provision of this Section 19 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. You can track the status of a reward in your account. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Malibu Barbie Floral Women's Sleeveless Short Loungewear, Malibu Barbie Floral Women's Relaxed Pant Luxe Loungewear, Malibu Barbie Floral Footie Ruffled Zippered One Piece, Malibu Barbie Floral Ruffled Cap Sleeve Romper, Malibu Barbie Floral Ruffled Cap Sleeve Bubble Romper, Malibu Barbie Floral Cap Sleeve Ruffled Bodysuit Dress, Malibu Barbie Floral Ruffled Cap Sleeve Peplum Ruffled Bummie Set, Malibu Barbie Floral Short Sleeve Pajamas, Malibu Barbie Floral Sleeveless Smocked Jumpsuit, Malibu Barbie Floral Ruffled Cap Sleeve Loose Fit Shirt, 3/4 sleeve and mid-length, True to pre-pregnancy fit, Cleverly positioned belt sits high on the belly to accommodate your growing bump with deep pockets, 2-piece set includes long sleeve shirt and pants. Your continued use of, or access to the Websites following the posting of any changes constitutes acceptance of those changes. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. Snaps for easy diaper changes. Employees of the Sponsor are not eligible to participate in or win the Giveaway. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdictions Applicable Law to use and/or engage with the Platform. The Sponsor reserves the right to verify the eligibility of winners. Unfortunately, canceled orders will not count as valid referrals. Buttery soft bamboo will make you want to live in your mommy robe. The demand must include a description of the claim and the amount of damages sought to be recovered. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the Giveaway entry page to such effect. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parents or legal guardians permission to use or engage with the Platform, or are of adult age in your jurisdiction. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Giveaway should viruses, bugs or other causes beyond Sponsors control corrupts the administration, security or proper play of the Giveaway, or for any reason that Sponsor believes in good faith would be fair to the entrants and the conduct of the Giveaway. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. All descriptions of products, Services, and related pricing are subject to change at any time without notice, at our sole and absolute discretion. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the Southern District of California. The award of the arbitrator is final and binding upon you and us. We may exercise this right on a case-by-case basis. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. Please note- your rewards can not be combined with any other discount or offer. If you do not agree to all of these Terms, then you may not access or use the Websites or any services therein. Posh Peanut offers a whimsical array of colors in luxe bamboo, hand created every season from the imagination of old world charm in modern trends. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. Elastic waistband to stretch as they grow. In the event of any dispute about the identity of a winner based on email address and/or mobile number, the winning entry will be declared made by the authorised account holder of the email address and/or mobile number at the time of submission of the entry.

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