PLEASE NOTE: THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH KIDS ‘N KRIBS ARE RESOLVED.
THE KIDS ‘N KRIBS LOYALTY CLUB MEMBERSHIP TERMS & CONDITIONS
The KNK Loyalty Club ("the Club") is sponsored by Kids ‘N Kribs ("the Company"). Each participant (“Member”) in the Club may have only one Loyalty Membership.
Eligibility and Enrollment
Club Membership ("Membership") is established automatically, free of charge, when you create an online account at kidsnkribs.com. By accepting the Membership, you are acknowledging that you are a legal resident of the United States and are a minimum age of eighteen (18) years old. If you do not meet these requirements, please contact Kids ‘N Kribs at kidsnkribs.com or call the Company at 610-687-5437 to terminate your Membership. (NOTE: At this time, Kids ‘N Kribs is able to ship to only the 48 Contiguous United States and Washington D.C.).
Club communications, offers, and certificates will be sent via email; therefore, a valid email address is required for the Club membership. If you have an existing Kids ‘N Kribs online account and have not previously provided a valid email address, you may update your contact info at kidsnkribs.com or call 610-687-5437 to update your contact information. If you notice a discrepancy in your contact information after you have created your online account, please call 610-687-5437. You are responsible for informing Kids ‘N Kribs of any changes or updates to your contact information, by updating your account information online at kidsnkribs.com or by calling the Company at 610-687-5437 to do so.
Points can only be earned and reward certificates can only be redeemed on purchases made at the Kids ‘N Kribs store, and online at kidsnkribs.com. Purchases made online at kidsnkribs.com may also be picked up at the Kids ‘N Kribs store.
General Program Terms
By accepting the Club Membership, you are confirming that you are a minimum eighteen (18) years of age, a resident of the United States, that you accept the Club terms and conditions, and you give the Company the right to use your transactional and profile data to send personalized Club communications and special offers to the email address provided during enrollment.
You are responsible for remaining knowledgeable about the Club Terms And Conditions (the “Terms”). The Terms published on the Kids ‘N Kribs website (kidsnkribs.com) will be the applicable terms for the Club. The most current online version of these terms will supersede all previous versions of these Terms.
Unless prohibited under the applicable laws of Pennsylvania, Kids ‘N Kribs reserves the right to terminate or change the Club operations, or any portion thereof, at any time, without prior verbal, written or electronic notice. Regardless of how you participate in the Club, benefits can be changed or terminated at any time without notice, at the sole discretion of Kids ‘N Kribs. If you do not agree with the revised terms, you may cancel your Membership. For details on how to cancel your Membership, see below.
The Club is void where prohibited by law.
When you present a valid account identifier including, but not limited to, your phone number or email address from your Club profile, you earn points on the eligible purchase amount at the rate of one (1) point per US dollar spent, rounded to the nearest dollar. The eligible purchase amount is the transaction total for merchandise and gift wrap service after any discounts and does NOT include taxes, shipping or purchases of gift cards.
Transactions that can earn points ("Eligible Transactions") include all of your purchases of merchandise and gift wrap service at the Kids ‘N Kribs store and at kidsnkribs.com). In order to earn points for online transactions at kidsnkribs.com, you must have an online account at kidsnkribs.com and be logged into your Kids ‘N Kribs online account for the online transaction. Each transaction may earn points for only one (1) Kids ‘N Kribs online account.
Bonus points may be earned on certain purchases or non-purchase activities as defined by the Company from time to time. The Company reserves the right to limit promotional offers for bonus points to selected members and to terminate bonus point offers at any time.
Points cannot be earned or claimed on purchases made prior to your Club enrollment date. Points cannot be earned or claimed retroactively on purchases made prior to the Club establishment date. Bonus points cannot be earned prior to the start date of any bonus promotions associated with the Club. Points have no cash or other monetary value, are not transferable and may not be sold, resold, exchanged or bartered. Points are issued approximately seventy-two (72) hours after the date of the eligible transaction unless otherwise noted on the terms of a bonus offer.
If points are not issued for an eligible transaction, you may request for the missing points up to ninety (90) days after the original transaction, at kidsnkribs.com or by calling the Company at 610-687-5437. You will be asked to provide certain transaction-related information on the receipt to verify the purchase. All requests are subject to verification. The Company's decision as to whether or not points will be earned is final.
Unused points will expire at the end of the calendar month one (1) year after they are earned. For example, points earned in July 2018 will expire on July 31, 2019.
The Company may adjust your Club status or points balance at any time and without notice, due to any computer or other error, technical issues experienced by the Company, machine malfunction, fraud or other misuse of Membership.
All transactions involving points are subject to review and verification by the Company. Points or reward certificates you earn or are awarded may be subject to taxation, for which you are solely responsible. The Company will not be responsible for any tax consequences which may result from your Membership.
You may review your point balance and membership activity by logging into your account at kidsnkribs.com.
Earning and Redeeming Rewards
Club Members are eligible for earning reward certificates as follows:
100 points for a $5 USD certificate
The Company will issue reward certificates generally by the 7th day of the month following the month in which you become eligible for a reward certificate(s). For example, any rewards earned in July 2018 generally would be issued no later than August 7, 2018. Reward certificates will be issued to your valid email address and can also be obtained by logging into your account at kidsnkribs.com. No more than four (4) reward certificates per Club Member will be issued in any calendar month and will be issued in the following values: $5, $10, $15, $20, $50, $100, $150, $200 USD. From your account at kidsnkribs.com or Club Reward email, you can print the reward certificate, or apply it to an online purchase using the certificate web code. You may earn no more than $500 USD in reward certificates in any given calendar month. If you earn more than 10,000 points, equal to a $500 USD reward certificate, in a single calendar month, your remaining points will carry over to the following calendar month.
You may use more than one (1) reward certificate on one (1) transaction, as long as all reward certificates are from the same Club account. You may also use reward certificates on a transaction where you are using a merchandise credit. Each reward certificate may not be combined with any other promotional offers and discounts, but may be used on Sale and Final Sale items. A reward certificate may not be used on multiple purchase transactions.
Reward certificates cannot be redeemed for cash, and no cash or credit or refund will be given for the unused portion if a reward certificate exceeds the amount of the purchase transaction.
You may use your reward certificate only toward the purchase of merchandise or gift wrap at the Kids ‘N Kribs store, as well as kidsnkribs.com. You will be able to use reward certificates on any merchandise for sale including marked down and clearance items. You will not be able to use reward certificates for tax, shipping or the purchase of gift cards. You may be responsible for taxes, shipping fees or any other fees applicable to reward certificate redemption. In order to use your reward certificates for online transactions at kidsnkribs.com, you must have an online account at kidsnkribs.com and be logged into your Kids ‘N Kribs online account for the online transaction.
Each reward certificate issued will have a unique reward number and may be used only once. You will need to provide a printout of the reward certificate or the reward number at the time of purchase in order to redeem a reward certificate, which may be done by using the reward number stored in your Kids ‘N Kribs online account at kidsnkribs.com. Reward certificates are not transferable and may not be sold, resold, exchanged or bartered.
Reward certificates expire on the date stated on the certificate.
Any points you earn on a purchase are deducted from your Club points balance if you return the merchandise. When merchandise is returned from a transaction where a reward certificate was used, the amount refunded will be the purchase price of the item(s) less the amount of the reward certificate that was applied. If the points deducted during a return transaction exceed your current point balance, your account will reflect a negative balance. For example, your points balance prior to your return transaction is 70 points and you return $80 USD in merchandise; your new points balance would be -10. Once a reward certificate has been used in a transaction it cannot be reissued or used again, even if the merchandise purchased with the certificate was returned. All purchases originally made with cash or credit payments, are refunded in the original of payment. If a return item was purchased using a combination of Points with cash, Kids 'N Kribs gift card and/or credit card, the refund will be provided in the combination of Points and cash, Kids 'N Kribs gift card or credit card refund as originally used. Gifts with gift receipts may be exchanged for items of equal value.
You must provide and maintain accurate and current user information in connection with your Membership, including name and email address. You can update your account information at kidsnkribs.com or call the Company at 610-687-5437.
You have the right to cancel Membership at any time by calling the Company at 610-687-5437 or emailing the Company at firstname.lastname@example.org. If you cancel your Membership, your points balance will be zero and you will no longer have Membership benefits. The Company, in its sole discretion, may terminate your Membership without notice if continued use of your Membership would violate any of these terms or applicable law. For example, if the Company has valid reason to believe your account is being used fraudulently, Membership will be terminated. If your Membership is terminated, your point balance will be zero and you will no longer have Membership benefits.
Applicable Law and Mandatory Agreement to Arbitrate on an Individual Basis
Unless the applicable laws of your jurisdiction require that the laws of such jurisdiction govern, all issues and questions concerning the construction, validity, interpretation and enforceability of these Program terms and conditions shall be governed by and construed under the laws of Pennsylvania, U.S.A. without reference to conflict of law provisions.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright, trademarks, trade secrets, patents or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR 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.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available at its website at http://jamsadr.com/rules-streamlined-arbitration.
You and the Company must abide by these rules: (a) THE ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Kids ‘N Kribs will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state court in Delaware County, Pennsylvania.
Last Updated August 17, 2020