BabyQuip App Download Giveaway Terms & Conditions

Overview:  The first one-thousand (1,000) eligible individuals who download and create an account or sign in to the BabyQuip App (as defined below), as described in more detail below will receive $20.00 USD in BabyQuip Bucks (the “Giveaway”). The Giveaway begins December 12, 2022 at 9:00:00 AM Pacific Daylight Time (“PDT”) and ends December 19, 2022 at 5:00:00 PM PDT or when all of the BabyQuip Bucks have been claimed, whichever occurs first (“Giveaway Period”). There are one-thousand (1,000) $20.00 BabyQuip Bucks credits (“Award”) to claim in this Giveaway. The Giveaway is subject to these terms and conditions (“Terms”) and is sponsored by BabyQuip, Inc. 633 Garcia Street, Santa Fe, NM 87505 (“BabyQuip”).

Eligibility: This Giveaway 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 BabyQuip 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 this Giveaway. Corporations, groups and other entities are not eligible.  

Limit one (1) Award per person. Participation in this Giveaway constitutes your full and unconditional agreement to, and acceptance of, these Terms and the decisions of BabyQuip, which are final and binding in all matters. 

How to Participate:  The first one-thousand (1,000) eligible individuals who download and create an account or sign in to the BabyQuip app during the Giveaway Period will each receive one (1) Award.   $20.00 in BabyQuip Bucks credits will be directly applied to the claimant’s BabyQuip account and work just like a gift certificate. Credits will be available for immediate use.  There are three (3) ways to participate in this Giveaway.  Each of them requires signing in to the BabyQuip mobile application (“App”).   To participate in the Giveaway, during the Giveaway Period, do one of the following, as applicable to you: 

1. Download the App and create a BabyQuip Account: If you don’t already have the BabyQuip App visit your App Store and download the App. It is free to download the App. If you don’t already have a BabyQuip account, create one; creating a BabyQuip account is free. By submitting your information and creating a BabyQuip account, you will be required to agree to the BabyQuip Customer Terms of Use and Privacy Policy. If you do not agree to the BabyQuip Customer Terms of Use and Privacy Policy, you cannot create a BabyQuip account.

2. Download the App and sign-in to an existing BabyQuip Account: If you don’t already have the BabyQuip App visit your App Store and download the App. It is free to download the App. Log-in to your BabyQuip account using your username and password. 

BabyQuip must be able to identify that you have fully completed all required steps to be eligible to receive an Award. Award redemption is subject to review and verification. BabyQuip reserves the right to provide an alternate item of equal value if any factor outside its control makes it impossible to provide an Award as described or materially affects its ability to do so. BabyQuip reserves the right to provide a substitute item of similar value.  Awards Bucks will be automatically added to the accounts of the first one-thousand (1,000) eligible individuals who download and create an account or sign in to the BabyQuip App. 

BabyQuip reserves the right in its sole discretion to disqualify from the Giveaway any individual who does not comply with any provision of these Terms, all as determined by BabyQuip in its sole discretion.

Total Approximate Retail Value of all Awards in this Giveaway: up to $20,000 USD.  

All details not specifically stated in these Terms will be determined by BabyQuip in its sole discretion. All taxes (federal, state, and local), as well as any expenses not specified in these Terms as being provided by BabyQuip, are the sole responsibility of each Award recipient.  BabyQuip is not responsible for and will not replace any lost, mutilated, or stolen Award that is undeliverable or does not reach a recipient because of incorrect or changed account information.  If any recipient does not accept or use an Award, the unaccepted or unused portion will be forfeited and BabyQuip will have no further obligation with respect to that Award or recipient.  BabyQuip is not responsible for any inability of any recipient to accept or use any Award (or portion thereof) for any reason.  Award recipient(s) is/are strictly prohibited from selling, auctioning, trading, or otherwise transferring any part of an Award, except with BabyQuip’s permission, which may be granted or withheld for any reason in its sole discretion.  No transfers, substitutions, or cash redemptions will be made, except at BabyQuip’s sole discretion. BabyQuip reserves the right to substitute any Award or portion thereof with another item or portion thereof of equal or greater value for any reason, including, without limitation, Award unavailability. No more than the stated number of Awards will be provided. Participants waive the right to assert as a cost of winning an Award, any and all costs of verification, redemption, or claiming an Award and any liability and publicity that might arise from claiming or seeking to claim an Award.

By participating in the Giveaway (except where prohibited by law), each individual grants (and to the extent necessary shall procure that their business grants) the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display business and individual name, likeness, voice, biographical information, logo any quotes attributable to the individual and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to the business or individual, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, without any limitation of time, and without notice, review, or approval and each participant releases all Released Parties from any and all liability related thereto. Nothing contained in these Terms obligates BabyQuip to make use of any of the rights granted herein and participants waive any right to inspect or approve any such use.

General: Participants agree to comply with all applicable laws and regulations throughout the Giveaway Period. As a condition of taking any step to participate in the Giveaway, you agree to these Terms. Void where prohibited and if participation is not properly completed through legitimate channels. BabyQuip is not responsible and/or liable for any lost, late, incomplete, illegible, interrupted, delayed, or misdirected activity, submission, or other participation-related materials or Awards or if any contact information does not work or is changed. Any questions relating to participation or an Award will be resolved in BabyQuip’s sole discretion and its decisions about any related matter will be final and binding. This Giveaway is and will be governed by the laws of California, U.S.A., without regarding to its conflicts of laws principles that would cause the application of any other jurisdiction’s laws, and you consent to the exclusive jurisdiction of the courts located in or having jurisdiction over San Francisco California, U.S.A.  

LIMITATIONS OF LIABILITY. You assume all liability for any injury or damage caused, or claimed to be caused, by participation in the Giveaway and using an Award. EXCEPT FOR INDEMNIFICATION, NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO THIS GIVEAWAY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. AS A CONDITION OF PARTICIPATING, YOU AGREE TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY (I.E., DEFEND AND/OR REIMBURSE) BABYQUIP, ITS AFFILIATES, PARENTS, AND ANY OTHER RELATED ENTITY, THEIR OFFICERS, DIRECTORS, AND EMPLOYEES, FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH PARTICIPATING IN ANY GIVEAWAY-RELATED ACTIVITY OR THE ACCEPTANCE, USE, OR MISUSE OF AN AWARD, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF BABYQUIP OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW).

YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES EXCLUDE ALL CONDITIONS, WARRANTIES, AND TERMS IMPLIED BY STATUTE, GENERAL LAW, OR CUSTOM.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR JURISDICTION OF THE UNITED STATES ARE EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”