July 2023
PLEASE READ THE FOLLOWING REFERRAL PROGRAM TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCES OF ALL THE PROGRAM TERMS AND CONDITIONS.
These terms and conditions (“Terms”) govern the Happiest Baby Rental Referral Program (the “Program”) offered by Happiest Baby, Inc. (“HBI”), located at 11390 W Olympic Blvd., Los Angeles, CA 90064 USA. The Program covers referrals of the SNOO Employee Benefit Program made between July 27, 2023 and Dec 31, 2024 (the “Program Period”).
AGREEMENT TO TERMS. By participating in the Program, you (“Referrer”) unconditionally accept and agree to comply with these Terms. You agree to accept the decisions of HBI as final and binding as they relate to your eligibility for receiving the referral reward (“Referral Reward”). You also agree to HBI’s terms of service located at www.happiestbaby.com/pages/terms-of-service and acknowledge HBI’s privacy policy located at www.happiestbaby.com/pages/privacy-policy.
PROGRAM PARTICIPATION. To be eligible for participating in the Program, Referrers must (i) reside in the United States of America, (ii) be eighteen (18) years of age or older, and (iii) be employed by an organization with no less than 1,000 employees (“Eligible Employer”). Referrer who is fully compliant with these terms may receive "Referral Reward" for "Qualified Referral” as defined below. Referrers should visit https://www.happiestbaby.com/pages/employee-benefit-form to obtain instructions for making a referral. By participating in the Program, a Referrer represents that they have their employer’s prior consent to provide the employer’s contact information.
QUALIFIED REFERRALS. “Qualified Referral” means a referral which meets each of the following conditions:
- The Referrer sent an email (“Referral Email”) to a decision maker at the Human Resource Department (or the functional equivalent thereof) of an Eligible Employer, recommending the SNOO Employee Benefit Program;
- Eligible Employer had not previously engaged in any written communications with HBI that mention the SNOO Employee Benefit Program; and
- As a result of the Referral Email, the Eligible Employer signed a one-year (or longer) agreement with HBI to participate in the SNOO Benefit Employment Program.
To be considered for a Referral Reward, Referrer must send a copy of their Referral Email to corporaterental@happiestbaby.com during the Program Period. If HBI receives multiple Referral Emails for the same Eligible Employer, the one which was received first by HBI will be eligible for the Referral Reward. Any subsequent Referral Email involving such an Eligible Employer will not be considered a Qualified Referral unless determined otherwise by HBI. All decisions as to whether a referral is a Qualified Referral will be made by HBI, in its sole discretion.
REFERRAL REWARDS. Each Referrer may earn a maximum of one (1) Referral Reward. Referral Reward shall consist of one (1) $1,000 Happiest Baby gift card. No cash or other substitution shall be permitted except at HBI’s discretion. Referral Rewards are not transferable.
RELEASE AND LIMITATION OF LIABILITY: By participating in the Referral Program, you agree to release and hold harmless HBI and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors and related entities (collectively, “Releasees”) from any liability or claims or actions of any kind whatsoever for illness, injury, death, loss, litigation, claim, or damage (including without limitation, direct, indirect, incidental, consequential, or punitive damages) that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such Referrer’s participation in the Program and/or their acceptance, possession, use, or misuse of any Referral Reward or any portion or substitution thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; and (iv) electronic or human error in the administration of the Program or the processing of referrals.
FORCE MAJEURE: HBI shall have no liability for any delay or failure of performance of any of HBI’s obligation under these terms resulting directly or indirectly from acts of God, governmental action, acts of terrorism, natural disasters, pandemics, earthquake, fire, flood, insurrections, labor conditions, power failures, and Internet disturbances or any other cause beyond HBI’s reasonable control.
GOVERNING LAW/JURISDICTION: All disputes arising from the Program shall be governed by the laws of the state of California without giving effect to any choice of law/conflict of law doctrines. Subject to the arbitration clause below, all disputes arising from this Program shall be resolved in the exclusive venue of state and federal courts sitting in the County of Los Angeles, California. By participating in the Program, you consent and submit to the exclusive personal jurisdiction of such courts, including for entry of judgment on any arbitration award. Except to the extent prohibited by applicable law, you agree and acknowledge that any claim or cause of action arising out of or related to participation in the Program, or these terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ARBITRATION AND WAIVER: By participating in the Program, you (i) waive the right to trial by jury and the ability to participate in a class action; (ii) agree that all claims related to the Program (collectively, “Claims”) will be will be resolved by confidential arbitration administered by Judicial Arbitration and Mediation Services in Los Angeles County and conducted before a sole arbitrator; and (iii) waive the right to seek attorney’s fees, indirect, punitive, incidental and consequential damages and any other damages (other than actual out-of-pocket expenses) and any all rights to have damages multiplied or otherwise increased, and the arbitrator will have no authority to award such damages. The arbitrator will follow California law in adjudicating the dispute without regard to conflict of law/choice of law doctrines. You and HBI acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disputes between us. The arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. This arbitration section will survive any termination of these terms.
GENERAL TERMS. HBI reserves the right to make changes to these terms from time to time. Please ensure that you have read and agreed with HBI’s most recent terms when participating in the Program. The invalidity or unenforceability of any provision of these terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable, these terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid provision were not contained herein.