terms & conditions
mōmi 2.0 early bird promotion
Effective Date: September 1, 2024
Momtech Inc. (“Momtech” or “we”) offers new customers (“you”) the opportunity to receive a rebate on your initial purchase of a mōmi babypace® 2 bottle set or replacement bundle through the “early bird” promotion (“Promotion”), subject to the following terms and conditions (“Terms”). The Terms are additional to the Momtech Terms of Use, and govern your participation in the Momtech Promotion. Capitalized terms that are not defined here will have the same meaning given to those terms in the Momtech Terms of Use.
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how the promotion works:
- Make your initial purchase of a mōmi babypace® 2 bottle set or replacement bundle. Enter the code “earlybird” at checkout. (This results in a $0.01 order discount for promotion tracking purposes.)
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Complete the following actions within 30 days of receiving your order:
- Subscribe to mōmi’s marketing emails, if not already subscribed. You may unsubscribe at any time.
- Write a review of your mōmi product. You will receive an email with a link for writing your review.
- Follow mōmi on at least one of the following social media channels: Instagram, Facebook, TikTok.
- Take one or more photos or videos of your mōmi product in action. Post at least one photo or video on at least one of your own social media profiles and tag mōmi in your post.
- Complete the rebate request form at https://avms5ymvnao.typeform.com/to/bHbObEh8. In completing the form you will upload at least one photo or video of your mōmi product in action, granting us the right to use the photo in our marketing activities.
- Upon your completion of the rebate request form, we will review your submitted information, and assuming all steps have been completed correctly, we will issue your rebate to the payment method used in placing your order. Please allow up to ten business days for processing.
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rebate amount:
- For purchase of a one-bottle set or replacement bundle, we will issue a rebate for the full amount of the single product (up to $34), plus $6 if you paid for economy shipping.
- For purchase of any three-bottle set, we will issue a rebate of $50.
- If your order contains multiple eligible products, we will issue one rebate for the single highest eligible amount among the products you purchased. The maximum rebate per customer, shipping address, billing address, or payment method is $50.
- Payments for premium shipping options such as UPS Ground, UPS Second Day Air, etc., are not eligible for rebate.
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product return instead of rebate:
- If you are not satisfied with your purchase, you may return it for a full refund (up to $100) within 30 days of your purchase, instead of completing the requirements for receiving a rebate.
- Under the Promotion, your economy shipping charges are also refundable in the event of a return, and we will waive the customary $8 return processing fee. Premium shipping charges are nonrefundable.
- In order to request a product return refund instead of a rebate, complete the refund request form at https://avms5ymvnao.typeform.com/to/ljcRUn2R.
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eligibility & requirements:
- Promotion open to new customers only.
- Limit one per customer, email address, shipping address, payment method, or billing address.
- May not be combined with other discounts or promotions.
- Open to residents of the U.S.A.
- Participants must be 18 years (or older where required by law).
- Offer open to the first 150 new customers using the “earlybird” code at checkout, prior to the expiration date of the Promotion. Code will not be recognized after the first 150 uses.
- Code cannot be applied retroactively after placing your order.
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reviews:
- Your review should reflect your genuine experience with your mōmi product.
- We love five star reviews, but your rebate is not conditioned on your review being five stars or being positive.
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unlimited right to use user-generated content:
By submitting any photos and/or video (“Content”) to Momtech as part of this promotion, you hereby grant us and our affiliates, retailers, and distribution partners an unlimited, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and create derivative works from the Content in any and all media formats now known or hereafter devised. This includes, without limitation, the use of Content on our website, social media channels, marketing emails, product packaging, printed marketing collateral, and in any other marketing activities, whether digital, print, or otherwise. You acknowledge that Momtech may use your Content for promotional purposes without any further notice or compensation to you.
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publicity:
Participation in the Promotion or acceptance of a rebate constitutes permission to Momtech to use your first and last name, Momtech profile information, statements, biographical information, city and state address, social media activity and/or public online content for any and all promotional or advertising purposes in connection with the Promotion, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where and to the greatest extent permitted by applicable law.
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fraudulent and suspicious behavior:
- We may prohibit a person from participating in the Promotion or receiving a rebate, in our sole discretion, if we determine that such person is attempting to undermine the fairness, integrity or legitimate operation of the Promotion in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other customers or any representatives of Momtech.
- Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
- Participants may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Promotion or receive a rebate.
- Momtech reserves the right to disqualify any person if Momtech finds such person to be tampering with the entry process or the operation of the Promotion or violating these Terms and Conditions in any way.
- CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROMOTION. SHOULD SUCH AN ATTEMPT BE MADE, MOMTECH RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
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term, termination, and changes:
- The Promotion offer will terminate on the earlier of (i) the maximum number of uses of the “earlybird” code, and (ii) October 15, 2024, unless extended by the us in our sole discretion.
- We reserve the right to extend or shorten the Promotion period and increase or decrease the number of “earlybird” promotion codes accepted without notice, by updating these Terms and Conditions on our web site.
- Your rebate or refund request must be received by us within thirty days of your purchase date.
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liability:
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By participating in the Promotion, participants agree to:
- Be bound by these Terms and Conditions, the decisions of Momtech and its designees, and the Privacy Policy of Momtech;
- Defend, indemnify, release and hold harmless Momtech, its 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 Promotion (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to participant’s participation in the Promotion (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Promotion or any Rebate).
- Momtech shall not be liable for:
- Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
- Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
- Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
- Any printing, typographical, administrative or technological errors in any websites or materials associated with the Promotion; or
- Claims, demands, and damages in disputes among participants or between participants and Friends; or
- Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Promotion, that were not reasonably foreseeable to Momtech at the relevant time.
- Momtech shall not be liable to any participant for failure to supply any Rebate or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.
- Momtech reserves the right to cancel or suspend the Promotion should Momtech determine, in its sole discretion, that the administration, security or fairness of the Promotion has been compromised in any way.
- PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROMOTION IS AT YOUR SOLE RISK; THE PROMOTION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MOMTECH EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROMOTION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) MOMTECH MAKES AND GIVES NO WARRANTY THAT (i) THE PROMOTION WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROMOTION WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROMOTION WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROMOTION 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.
- PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT MOMTECH (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROMOTION) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOMTECH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROMOTION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROMOTION; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROMOTION; OR (v) ANY OTHER MATTER RELATING TO THE PROMOTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
- TO THE FULLEST EXTENT POSSIBLE BY LAW, MOMTECH'S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD.
- PARTICIPANTS SHOULD USE THE PROMOTION AT THEIR OWN RISK.
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By participating in the Promotion, participants agree to:
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applicable law; arbitration; class waiver; and waiver of jury trial:
- Any and all disputes, claims and causes of action arising out of or related to the Promotion or any rebate or other prize awarded pursuant to the Promotion or to this agreement shall be resolved under North Carolina law (without reference to its conflicts of laws principles).
- Participants and Momtech agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Momtech’s online platform or the Promotion under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Mecklenburg County in the State of North Carolina. Referrers covenant not to sue or otherwise bring a claim against Momtech in any other forum.
- Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to participant’s use of the Promotion or this agreement:
PARTICIPANTS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and PARTICIPANTS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
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general terms:
These terms constitute the entire agreement between participants and Momtech concerning participants’ use of the Promotion. The failure of Momtech to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Momtech and participants nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.
Professional Referral Discount Program
Program
The Professional Referral Discount Program (“Program”) is offered by Momtech (“Company”) to provide professionals in lactation, healthcare, infant feeding, postpartum care and related services (“Professionals”) with discount codes and coupons for their patients and clients (“Recipients”). The coupons provided through this Program are intended for the sole use of the Recipients and may not be sold, bartered, or transferred to any other party.
Coupon Details
Each coupon provided under this Program is valid for a 20% discount on the Recipient’s first purchase from our website. Coupons are single-use and cannot be combined with other discounts, promotions, or shipping offers. The discount will be applied to the total purchase amount before shipping charges and any applicable taxes.
Requesting Additional Coupons
Professionals may request additional coupons by contacting us at partners@momi.baby. Requests for additional coupons are subject to review and approval by Momtech Inc. (“Momtech”). The Company reserves the right to limit the number of coupons issued per Professional.
Permitted Use
Coupons distributed under this Program are intended solely for use by Recipients who are patients or clients of the requesting Professional. Any misuse of the coupons, including but not limited to distribution to individuals who are not Recipients is strictly prohibited.
Program Changes and Termination
Momtech reserves the right to modify, suspend, or terminate this Program at any time without notice. Any changes to the Program will be effective immediately upon posting to our website. Continued participation in the Program following any such changes constitutes acceptance of those changes. Company reserves the right in its sole discretion to void any discount code or groups of codes. Company may set expiration dates for some or all discount codes issued. Upon termination of the Program, Company may void all unused outstanding codes.
Incentivized Reviews
1. Introduction
● These terms and conditions govern the participation in our incentivized review program. By participating, you agree to comply with and be bound by these terms and conditions.
2. Eligibility
● Participants must be 18 or older.
● Participants must have made a verifiable purchase of a mōmi product.
3. Incentives
● Incentives for reviews may include discounts, gift cards, free products or other rewards as determined by Momtech Inc. (the “Company”).
● The type and value of the incentive will be determined by the Company and may vary based on the product or promotion.
● Details of the specific incentive for each review will be communicated clearly before participation.
4. Honest and Authentic Reviews
● Participants must provide honest and authentic reviews based on their genuine experience with the product or service.
● Any attempt to submit fake or misleading reviews will result in disqualification from the program and forfeiture of any incentives.
5. Disclosure Requirements
● In compliance with FTC regulations, every review collected as part of our incentive program is disclosed as such.
● Participant must disclose any conflicts of interest or biases, including any prior affiliation with the Company or its competitors.
6. Review Content Guidelines
● Reviews must be original and written by the participant.
● Reviews must not contain offensive, inappropriate, or harmful content.
● Reviews must be relevant to the product or service being reviewed.
● Constructive criticism and honest feedback are encouraged, but reviews should remain respectful and courteous.
7. Review Moderation
● Company reserves the right to moderate, edit, or remove any review that violates these terms and conditions.
● Reviews deemed inappropriate, irrelevant, or fraudulent will be disqualified and may result in the forfeiture of the associated incentive.
● To ensure reviews provide relevant and accurate information, Company reserves the right to moderate or exclude reviews that reference features or aspects of products that have been changed or discontinued due to product updates or modifications.
8. Privacy and Use of Reviews
● By participating, you grant Momtech Inc. the right to use your review, including any accompanying photos or videos, for marketing and promotional purposes.
● Personal information collected during the participation process will be used in accordance with our Privacy Policy.
9. Termination and Disqualification
● Company reserves the right to terminate or modify the program at any time without prior notice.
● Participation in the program is subject to compliance with these terms and conditions, and Company may disqualify any participant who violates them.
● Momtech Inc. reserves the right to modify these terms and conditions at any time.
10.Limitation of Liability
● Company is not responsible for any technical malfunctions, errors, or delays that may occur during the review submission process.
● To the fullest extent permitted by law, Company disclaims all warranties, express or implied, and shall not be liable for any damages arising out of or in connection with your participation in the program.
11.Contact Information
● For any questions or concerns regarding these terms and conditions or the incentivized review program, please contact us at care@momi.baby
By participating in our incentivized review program, you acknowledge that you have read, understood, and agree to these terms and conditions.
mom2mom referral program
The mom2mom referral program has been discontinued as of 8/21/2024.