CONTENTS AND HYPERLINKS
This website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Safety1st has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. Safety1st does not allow the unauthorized use of its logos, trademarks, or other graphics to create links to this site.
Safety1st is pleased to hear from its customers, however we do not accept or
consider any creative ideas, suggestions or other materials related to products, services or marketing except
through the specific mechanisms set up on this site to receive such ideas. Except as otherwise explicitly provided
on this site, (1) anything you disclose or offer to us by or through this website ("Disclosures"), including e-mails
or submissions to Safety1st or postings on interactive portions of this website, is PROVIDED ON A NON-CONFIDENTIAL
BASIS with no obligation on our part to keep such information secret; and (2) Safety1st is free to use, for any
purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and
marketing products using such information.
By uploading or otherwise providing any Disclosure to this website or Safety1st, you hereby grant Safety1st and its designees, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, adapt, display and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived. You represent and warrant that you have the authority to grant such rights, and to the fullest extent permitted by law you hereby agree to indemnify, defend and hold us harmless from all claims resulting from any Disclosures you supply. THE FOREGOING INDEMNIFICATION PROVISION DOES NOT APPLY TO SAFETY 1ST'S OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL CONDUCT.
INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT
Safety1st does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in chat rooms, bulletin boards or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. If you have concerns or complaints about any of the content shown on this site, you may notify us using the contact points below.
When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
- You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
- You will not upload viruses or harmful components.
- You will not use the website to further any illegal purpose or to violate the rights of any party.
- You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims below.
When you visit our website or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with registered users by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your purchase of products from this website is subject to the applicable terms of sale set forth on this website, including those in our Shopping FAQ applicable to the order, shipping, warranty and return of products. Products offered through this website shall be warranted in accordance with the written manufacturer’s warranty that is included with such product. ANY APPLICABLE WRITTEN LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LENGTH OF SUCH WRITTEN LIMITED WARRANTY.
NO REPRESENTATIONS OR WARRANTIES
Safety1st makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Safety1st's computer systems. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND TO THE FULLEST EXTENT PERMITTED BY LAW YOU AGREE TO HOLD SAFETY1ST HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. THE FOREGOING INDEMNIFICATION PROVISION DOES NOT APPLY TO SAFETY 1ST'S OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL CONDUCT.
EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS." EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, SAFETY1ST DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION FOR ACCOUNT
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW SAFETY1ST SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAWSAFETY1ST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR, IF APPLICABLE, IN PURCHASING PRODUCTS OR SERVICES THROUGH THIS WEBSITE. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS LIMITATIONS OF LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
JURISDICTION, CHOICE OF LAW AND DISPUTES
TRADEMARKS AND COPYRIGHTS
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Safety1st or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners.
Eddie Bauer® is a registered trademark of Eddie Bauer, Inc. Disney® is a registered trademark of The Walt Disney Company. All Safety1st registered trademarks are registered in the United States of America (and other applicable jurisdictions). The following is a partial list of the trademarks of Dorel Juvenile Group, Inc. (“DJG”) and its affiliates: Dorel®, Dorel Juvenile Group™, Safety 1st®, Cosco®, Quinny® and Maxi-Cosi®.
SECURITIES AND INVESTMENT
This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
Certain information on this website is forward-looking and is subject to important risks and uncertainties. The results or events predicted in this information may differ materially from actual results or events. Factors which could cause results or events to differ from current expectations include, among other things: the impact of price and product competition; the dependence on new product development; the impact of technological and market change; the ability of DJG and its affiliates to integrate acquired businesses in an effective manner; general industry and market conditions and growth rates; and international growth and global economic conditions, including interest rate and currency exchange rate fluctuations. For additional information with respect to these and other factors, investors should consult the documents filed by DJG and its parent Dorel Industries Inc. ("Dorel") with Canadian and U.S. securities regulators. DJG and Dorel disclaim any intention or obligation to update or revise any forward-looking information, whether as a result of new information, future events or otherwise.
Despite any representations concerning privacy, Safety1st reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
SHIPMENT AND DELIVERY FOR SAFETY1ST.COM ONLINE ORDERS
Unless indicated at the time of ordering or by a follow-up notification from us, shipments will be made via a carrier that we select, or if we give you a choice of shipping method, the carrier that you select.
If an expedited shipping method is available as a Shipping Method and you select it, an additional charge will be assessed at the time of your order. All ship and delivery dates communicated on our website or via e-mail are estimates only and are subject to change. We do not guarantee delivery dates, and we are not responsible for delays by the carrier. Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier. Please inspect your shipment upon arrival, and report any shipping-related damage immediately to the carrier.
CHANGING OR CANCELING YOUR SAFETY1ST.COM ORDER
Cancellations Due to Order Processing Difficulties
Occasionally, orders or parts of an order may be cancelled for reasons that include:
- The item sold out and/or is no longer available
- Your payment information could not be verified
- The shipping address could not be verified
If your order is cancelled, you will receive an important notice regarding your order via email, which will explain the reason for the cancellation. You will not be billed for any cancelled items.
Changing or Canceling Your Safety1st.com Order
At Safety 1st, our goal is to process and ship your order as quickly as possible, so unfortunately once your order has been submitted, we are unable to modify or make changes to it.
If you find that you entered an order in error, please reach out to us via chat by clicking the grey icon in the bottom right corner on www.safety1st.com Monday – Thursday 8:00 AM – 6:00 PM ET & Fridays 8:00 AM – 4:30 PM ET, or via our online Contact Us Form.
RETURNS FOR SAFETY1ST.COM ONLINE ORDERS
Returns are accepted for items purchased within 90 days on the Safety1st.com website or through our Consumer Care team. Safety 1st and/or Dorel Juvenile Group USA does not accept returns of items purchased through any third-party, including its retail partners.
Once your returned package has been delivered to our warehouse, please allow 2-4 weeks for us to inspect the returned item and process your refund.
To arrange to return your item or to obtain further information, please contact a Consumer Care representative via chat by clicking the grey icon in the bottom right corner on www.safety1st.com Monday – Thursday 8:00 AM – 6:00 PM ET & Fridays 8:00 AM – 4:30 PM ET, or via our online Contact Us Form.
All returned items must be shipped freight pre-paid. Please use a package delivery service able to track and/or insure your return items. By placing an order on www.safety1st.com , you are accepting this return policy.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Safety1st reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Safety1st may have.
Unless otherwise indicated, all material on this site © Copyright 2007-16 Dorel Juvenile Group, Inc. All rights reserved.
Dorel Juvenile Group
Attn: Interactive Marketing Manager
25 Forbes Boulevard, Suite 4
Foxboro, MA 02035
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
Notification must be submitted to the following Designated Agent:
Dorel Juvenile Group, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Interactive Marketing Manager
Full Address of Designated Agent to Which Notification Should Be Sent:
Dorel Juvenile Group
Attn: Vice President – Consumer Marketing
25 Forbes Boulevard, Suite 4
Foxboro, MA 02035
Telephone Number of Designated Agent: 508.216.1950
Facsimile Number of Designated Agent: 508.216.1814
Email Address of Designated Agent: [email protected]
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SOCIAL PROMOTION RULES
From time to time sweepstakes (each, a “Promotion”, together the "Promotions") will be conducted on the Safety 1st Facebook or Instagram page (a “Platform”). These General Social Promotion Rules apply to sweepstakes sponsored by Dorel Juvenile Group, Inc. ("Sponsor") and offered via the Platform. The following information will be supplied to entrants on a per-Promotion basis in a set of per-Promotion terms: (a) entry period(s) and time zone; (b) which action to take in order to enter; (c) entry limits per person/Platform account; and (d) prize descriptions, values and restrictions.
THE PROMOTIONS DESCRIBED HEREIN ARE ONLY OFFERED TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. YOU MAY NOT ENTER IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER AND/OR NOT A LEGAL RESIDENT OF (AND RESIDING AT THE TIMEOF ENTRY IN) ONE OF 50 UNITED STATES ORD.C. THE PROMOTIONS DESCRIBED HEREIN ARE VOID OUTSIDE THE 50 UNITED STATES AND D.C., AND WHEREVER PROHIBITED.
INTERNET ACCESS AND AN ACTIVE VALID FACEBOOK OR INSTAGRAM ACCOUNT ARE REQUIRED.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Promotions are open to any individual who: (a) is eighteen (18) years of age or older at the date of entry; (b) is a legal resident of (and residing at the time of entry in) one of the 50 United States or D.C.; and (c) has a valid account on Facebook or Instagram. Entrants who are eighteen (18) years of age or older but have not yet reached the age of majority in their jurisdiction of residence (each, a “Minor”) should seek permission from their parents/legal guardians before participating. The following individuals are NOT eligible to enter or win a prize: employees of Sponsor; employees of a Platform; employees of the parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and advertising, promotional and judging agencies of Sponsor or a Platform; employees of any other entities affiliated with the administration of the Promotions (aforementioned individuals and organizations, the “Promotion Parties”); the immediate family members (parent, child, sibling, spouse) of each such employee; and persons living in the same household as each such employee (whether related or not). All determinations of eligibility will be made by Sponsor in its sole discretion, at any time. The Promotions are void outside the 50 United States and D.C., and wherever prohibited.
Agreement: Participation in a Promotion constitutes each entrant’s (and if a Minor, such entrant’s parents’/legal guardians’) full and unconditional agreement to and acceptance of these General Social Promotion Rules, the per-Promotion terms set by Sponsor, and the decisions of the Promotion Parties, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entrant may be disqualified in Sponsor’s sole discretion if he/she (and if a Minor, his/her parent/legal guardian) fails to comply with any of the terms of these General Social Promotion Rules or the per-Promotion terms set by Sponsor.
Occasionally, posts will appear on the Safety 1st Facebook or Instagram page, directing you to take an action such as, but not limited to, share a photo on a particular post OR post a piece of content while tagging a particular brand handled or using a specific hashtag. Doing so, in accordance with any applicable per-Promotion terms set by the Sponsor, will enter you in a random drawing to win a particular prize. Alternatively, you may follow the instructions, included in the per-Promotion terms set by the Sponsor, for submitting an Alternative Means of Entry Form, which will enter you in a random drawing to win a particular prize.
Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. All Entries for each Promotion must be received during the applicable entry period. Entries submitted in excess of stated per-Promotion entry limits will be void. Use of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s sole discretion. Any attempt by any entrant to obtain more than the stated maximum number of entries by using multiple/different Platform accounts, identities, registrations, or logins, or through any other methods, may void all of that entrant’s entries and that entrant may be disqualified. All terms and conditions of the hosting Platform apply. Multiple entrants are not permitted to share the same Platform account. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the natural person who is the “authorized account holder” assigned by the Platform to the Platform account in question.
By submitting an Entry, you represent and warrant that your Entry: (a) is not sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, nor does it describe any materially dangerous activity; (b) does not promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;(c) is not obscene or offensive, nor does it endorse any form of hate or hate group; (d) does not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (e) does not contain trademarks or logos owned by others (except trademarks and logos owned by Sponsor), or advertise or promote any brand or product of any kind (other than those owned by Sponsor); (f) does not otherwise infringe any third party’s intellectual property or privacy rights, or contain any personal identification, such as license plate numbers, e-mail addresses or street addresses; (g) does not contain copyrighted materials owned by others; (h)does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without such person’s explicit advance permission; and (i) does not depict, and cannot itself, be in violation of any law. Sponsor's determination as to whether any Entry potentially violates the rights of any third party is final. In Sponsor’s sole discretion, Entries that do not include all required information and do not adhere to the foregoing and following requirements will be considered void.
Winner Determination/Odds of Winning: Winner(s) will be determined at the time stated in the particular per-Promotion terms. Unless otherwise stated in the per-Promotion terms, winner(s) will be chosen via random drawing from among all eligible Entries received for that Promotion (or entry period, as applicable), and odds of winning will depend on the total number of eligible Entries received for that Promotion (or entry period, as applicable).
Each potential winner will first be notified via Platform or by email if he/she entered via the Alternative Means of Entry Form. To claim a prize, each potential winner will be required to respond within forty-eight (48) hours after transmission of the aforementioned message and provide his/her full name, email address, physical mailing address, date of birth, and phone number. Subsequently, each winner will receive additional prize claim instructions by mail and/or email and may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release. All requested documents must be returned to Sponsor by the date specified in winner’s notification email/letter. Any prize details not specified will be determined by the Sponsor in its sole discretion. Prizes are not transferable or refundable and must be accepted as awarded. No other substitutions may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. Winners are solely responsible for all applicable federal, state, and local taxes and for any expenses, costs or fees associated with acceptance and/or use of prizes not specified by Sponsor as being included. Limit one prize per entrant, per Promotion. At the sole discretion of the Sponsor, disqualification, prize forfeiture and the selection of an alternate winner may result from any of the following: (a) a potential winner’s failure to respond to initial notification via the Platform within forty-eight (48) hours after its transmission; the failure of notification due to deactivation of the potential winner’s Platform account prior to receipt of notification; (c) potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; (d) potential winner’s failure to complete and return required documents by the date specified in winner’s notification email/letter; and (e) any other non-compliance with these General Social Promotion Rules or the specific terms of a Promotion.
In the event that the operation, security, or administration of a Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend a Promotion to address the impairment and then resume a Promotion in a manner that best conforms to the spirit of these General Social Promotion Rules; (b) award prizes according to the specific Promotion details from among the eligible Entries received up to the time of the impairment; or (c) to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. If, due to a human, typographical, mechanical or other error, the number of potential winners notified is greater than the listed number of prizes at any level, such listed number of prizes will be awarded in a random drawing from among all eligible entrants who submit a legitimate prize claim for that level. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of a Promotion or to be acting in violation of these General Social Promotion Rules or in an un-sportsman like or disruptive manner. Any attempt by any person to undermine the legitimate operation of a Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these General Social Promotion Rules shall not constitute a waiver of that provision.
Release And Limitations Of Liability
By participating in a Promotion, entrants agree to release and hold harmless the Sponsor, Platform, their respective parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and advertising, promotional and judging agencies, and any other entities affiliated with the administration of the Promotions, together with the respective officers, directors, employees, and agents of each (collectively, the "Releasees") from and against any claim or cause of action arising out of participation in a Promotion or receipt or use/misuse of any prize, including, but not limited to: (a)unauthorized human intervention in a Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of a Promotion; (d) errors in the administration of a Promotion or the processing of entries; (e) changes to Platform policies and procedures that may interfere with the operation of a Promotion; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in a Promotion or receipt of any prize. Entrants further agree that in any cause of action, the Releasees’ liability will be limited to the cost of entering and participating in a Promotion, and in no event shall the Releasees be liable for attorney’s fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Without limiting the foregoing, a Promotion, all prizes, and all materials provided on or through any Promotion-related website are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You agree to indemnify and hold the Releasees harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities(including settlements), brought or asserted by any third party against any of the Releasees due to or arising out of your Entry, or your conduct in creating a Entry or otherwise in connection with a Promotion, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
By submitting an Entry, you grant to Sponsor and its affiliated companies the right, except where prohibited bylaw, to use your name, likeness, picture, address (city and state), voice, biographical information, Entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or Entry.
Arbitration/Choice Of Law
Except where prohibited, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with a Promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Promotion but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages(other than for actual out-of-pocket expenses), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these General Social Promotion Rules, or the rights and obligations of entrant and/or Releasees in connection with a Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard for conflicts of law doctrine of any jurisdiction.
Dorel Juvenile Group, Inc. 25 Forbes Boulevard Suite 4 Foxboro, Massachusetts 02035 (“Sponsor”)
The Promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You are providing your information to Sponsor and not to the Platform.
Any questions, comments or complaints regarding this Promotion should be directed to the Sponsor, not the Platform.