The “win a $100 store credit” email sign-up campaign is subject to the following terms and conditions:

mom2mom referral program

Effective Date of Current Policy: October 1, 2022

Momtech, Inc. (“Momtech” or “we”) offers its customers (“Referrers” or “you”) the opportunity to earn discounts on future purchases through the mom2mom program (“Program”), subject to these Terms and Conditions (“Terms”). The Terms are additional to the Momtech Terms of Use, and govern your participation in the Momtech Program.  Capitalized terms that are not defined here will have the same meaning given to those terms in the Momtech Terms of Use.  The Program is administered by Momtech Inc., which may outsource certain elements of administration to third parties (collectively, “Administrator”).

1. How the Program Works.

1. General.
1. To participate in the Program, Referrers should visit http://www.momi.baby/momtech and follow the on-screen instructions to refer friends, family members or colleagues to the program.
2. Individuals who receive a referral via a Referrer are "Friends" (or, singly, a “Friend). An "Eligible" Referrer who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral” (all terms in quotes to be understood as defined below).
2. Referrers.  To be "Eligible," a Referrer must be a legal resident of the United States of America; be at least 18 years old; and have made at least one purchase from Momtech’s online store.
3. Making a Referral.
1. A Referrer must register at https://www.momi.baby/momtech to make a referral. Once a Referrer registers, the Referrer will be provided with a unique referral link ("Personal Link") that allows the Referrer to receive credit for Qualified Referrals ("Credit"). Personal Links will be issued only to individuals.
2. Individuals who receive a referral via a Referrer are "Friends" (or, singly, a “Friend). An "Eligible" Referrer who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral” (all terms in quotes to be understood as defined below).
4. Qualified Referrals.

A “Qualified Referral” means that all the following conditions are met:

1. The Friend completed a purchase of at least $25 (excluding shipping charges and sales taxes) in Momtech’s online store at https://momi.baby (a “Qualifying Purchase”). If a Friend purchases from or registers with Momtech using any other link or method, the registration will not count as a Qualified Referral and the Referrer will not earn Credit.
2. The Friend must complete the qualifying purchase within 180 days of receiving the Referral link.
3. The Friend was not previously registered with Momtech under any email address or alias and has not previously made any purchase from Momtech; and
4. The Friend is a legal resident of the United States of America and is at least 18 years old.

A Referrer may only earn one Reward for each Friend, up to a maximum of $200 in Rewards value per calendar year, unless otherwise allowed by Momtech. Any additional or subsequent purchases made by a Friend will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals. No partial rewards will be given.

Momtech will honor only the first Personal Link through which a Friend makes a Qualifying Purchase and which is accepted and processed by Momtech. Therefore, if multiple Referrers have referred the same Friend and the Friend has activated multiple Personal Links, only one Referrer will be entitled to receive a discount and the Friend will only receive one discount. The discount will only be applied to the Referrer of the first Personal Link through which the Friend made their first Qualifying Purchase. All other Referrals will automatically be invalidated.

1. Earning Rewards
1. Referrer shall receive in their Momtech account one (1) reward (each, a “Reward”) in the form and value determined by Momtech for each verified Qualified Referral generated by Referrer.
2. Each Reward may be redeemed for the credit bounty or discount amount advertised on the momi.baby website. The credit or discount amount and minimum purchase requirements advertised on momi.baby may be changed from time to time in Momtech’s sole discretion and without notice. In the event that the credit bounty, discount amount, or other terms advertised on the momi.baby website differ from the amount and terms stated in any printed material or other information sources, the then-current terms stated on the momi.baby website shall control.
2. Verified Qualified Referrals. Rewards are subject to verification. Momtech may delay a Reward for the purposes of investigation. Momtech may also refuse to verify and process any transaction Momtech deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Momtech, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Momtech's decisions are final and binding, including decisions as to whether a Qualified Referral or Reward is verified.
3. Transfer and Value of Credit and Rewards. Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, or upon cancellation of a Referrer's Momtech account for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited. Rewards may not be combined with other offers, promotions, or discounts.
4. Referrers and Friends must comply with Momtech terms and policies and the terms and policies of any social media or other site where a Personal Link is posted/used. Personal Links are for individual, personal use only and may not be used for commercial purposes, which for the avoidance of doubt includes but is not limited to affiliate lead generation and bidding on Momtech search terms in connection with the Personal Link.

2. Privacy.

1. Referrers may participate in the Program made available by Momtech in order to refer their Friends to Momtech as potential Momtech customers. The personal information of referred customers who purchase from Momtech and of the Referrers will be collected, processed and used in accordance with Momtech's Privacy Statement, which can be found at https://momi.baby/privacy-policy. The personal information may also be used by Momtech to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from Momtech.

3. Content Ownership and Use.

1. Momtech’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Referrer and Momtech, all Content is the property of the Momtech or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Momtech’s online platform or the Program is the exclusive property of Momtech and is protected by copyright, trademark, and other laws.
2. License to You. Momtech authorizes you, subject to these terms, to access and use Momtech’s online platform, the Program, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
3. Trademarks. The registered or unregistered logos, product and service names contained in Momtech’s online platform or the Program are or may be trademarks of Momtech or its licensors (the "Marks"). Without Momtech’s prior written permission, and except as solely enabled by any link as provided by Momtech, you agree not to display or use in any manner the Marks.
4. User-Submitted Content. The registered or unregistered logos, product and service names contained in Momtech’s online platform or the Program are or may be trademarks of Momtech or its licensors (the "Marks"). Without Momtech’s prior written permission, and except as solely enabled by any link as provided by Momtech, you agree not to display or use in any manner the Marks.

4. Conduct.

1. Prohibited Conduct, Generally. Referrers agree not to use the Program to:
1. Violate applicable law;
2. Infringe the intellectual property rights of Momtech or any third parties;
3. Stalk, harass, or harm another individual;
4. Collect or store personal data about other Referrers;
5. Impersonate any person or otherwise misrepresent Referrer's identity;
6. Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program, or disobey any requirements, procedures, policies, or regulations of such networks;
7. Interfere with another Referrer’s use of the Program;
8. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
9. Transmit any file that contains viruses, worms, Trojan Horses, or any other contaminating or destructive features;
10. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
11. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
2. Bulk Distribution (“Spam”).
1. If a Referrer provides a Personal Link to a Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.
2. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Momtech’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's account and deactivation of the personal link. Momtech has a no-tolerance spam policy.
3. Momtech has no obligation to monitor the content provided by Referrers, however, Momtech may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
4. Each Referrer must comply with applicable law. Referrers who do not comply with the law, including anti spam laws, are obligated to indemnify Momtech and all of the Released Parties against any liabilities, costs and expenses incurred as a result of such violation.
3. Fraudulent and Suspicious Behavior.
1. Momtech may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in Momtech’s sole discretion, if Momtech determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of Momtech.
2. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
3. Referrers 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 Program or receive a Reward.
4. Momtech reserves the right to disqualify any Referrer and/or cancel any Reward(s) if Momtech finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
5. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM AND POTENTIAL ACCOUNT DEACTIVATION. 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.

5. Term, Termination and Changes.

Momtech reserves the right to cancel the Program or to change these terms and conditions at any time in its sole discretion and without notice. Any unused Personal Links will be forfeited at that time. By participating in the Program you are agreeing to these terms and conditions, the Momtech Terms of Use and the Momtech Privacy Policy. If Momtech ceases to advertise the Program on its website, the Program shall be deemed to have been terminated.

6. Publicity.

Participation in the Program or acceptance of a Reward constitutes permission to Momtech to use any Referrer's 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 program, 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.

7. Liability.

1. By participating in the Program, Referrers agree to:
1. Be bound by these Terms and Conditions, the decisions of Momtech and its designees, and the Privacy Policy of Momtech;
2. 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 Program (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 Referrers’ participation in the Program (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 Program or any Reward).
2. Momtech shall not be liable for:
1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
2. Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
3. Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
4. Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
5. Claims, demands, and damages in disputes among Referrers or between Referrers and Friends; or
6. Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to Momtech at the relevant time.
3. Momtech disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond Momtech’s control corrupt the administration, security or proper operation of the Program.
4. Momtech shall not be liable to any Referrer for failure to supply any Reward 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.
5. Momtech reserves the right to cancel or suspend the Program should Momtech determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
6. REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM 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 PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) MOMTECH MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM 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 PROGRAM 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.
7. REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT THE MOMTECH (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) 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 PROGRAM; (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 PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. 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.
8. 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 PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD.
9. REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.

8. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.

1. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under New York law (without reference to its conflicts of laws principles).
2. Referrers 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 Program 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.
3. Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers' use of the Program or this agreement:
   REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and REFERRERS 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.

9. General Terms.

These terms constitute the entire agreement between Referrers and Momtech concerning Referrers' use of the Program. 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 Referrers 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.