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TERMS AND CONDITIONS
MAY 1, 2021
These Terms are subject to change by Little Rad Things at any time in its sole discretion. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after such changes are posted, you accept those changes. Material changes will be conspicuously posted on the Site or otherwise communicated to you.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Little Rad Things will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
2. ACCESS TO THE SITE
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON.
3. COMPLIANCE WITH LAWS
In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.
4. RESTRICTIONS ON YOUR USE OF THE SITE
You may use this Site only for your own personal noncommercial purposes. You may download and print a copy of the Site’s visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.
You will not use the Site for any other purpose, including any commercial purpose, without Little Rad Thing’s express prior written consent. For example, you will not authorize any other party to (a) co-brand the Site, or (b) frame the Site, or (c) hyperlink to the Site except as expressly permitted by these Terms and with the express prior written permission of Little Rad Things. For purposes of these Terms, “co-branding” means displaying a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with Little Rad Things in causing any unauthorized co-branding, framing or hyperlinking to immediately cease.
You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without Little Rad Things prior written consent.
You will not use the Site for unlawful purposes.
You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Little Rad Things.
You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose.
You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks.
You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
5. INTELLECTUAL PROPERTY RIGHTS AND PROPRIETARY INFORMATION
The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content (“Content”), and the products made available on the Site are exclusively the property of Little Rad Things or, as applicable, its suppliers or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The Site, including all Content, may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Little Rad Things except as may be explicitly permitted by these Terms. Neither title nor intellectual property rights are transferred to you by access to the Site.
Without limiting the generality of the foregoing, all trademarks, service marks, and logos appearing in or on the Site are the property of Little Rad Things or, as applicable, its suppliers or licensors. Little Rad Things and its suppliers and licensors retain all rights with respect to their respective trademarks, service marks, and logos appearing in the Site.
Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Little Rad Things or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Copyright © 2021 Little Rad Things, LLC. All rights reserved.
6. YOUR ACCOUNT
You will be required to sign up for an online Little Rad Things storefront account to purchase products using the Site and to use other features of the Site. You will be required to submit certain information to set up your account and will be required to establish a password. You will not transfer your account to or share your account with any other person. Your account is personal to you. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password, and notify us immediately at firstname.lastname@example.org.
Any passwords used for the Site are for individual use only. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your password. You will be responsible for the security of your password. Little Rad Things may, but is not required, to monitor your password and, at its discretion, require you to change it. If you use a password that Little Rad Things considers insecure, Little Rad Things will be entitled to require the password to be changed and/or terminate your account.
Little Rad Things reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Little Rad Things to disclose the identity of Site users or to make available any materials that are believed to violate these.
7. ACCOUNT SUSPENSION, DEACTIVATION, AND TERMINATION
Little Rad Things may, for any reason and in its sole discretion, suspend, deactivate, or terminate your online account or your use of the Site, without notice or liability, including if you breach these Terms, upon any unauthorized use of your password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Site to you. If we suspend, deactivate, or terminate your account for any reason other than lack of use, you will not create another account without our prior written permission. You may terminate your account at any time by selecting that option on the Site where that option is available or by contacting us using the contact information below. However, you understand that any User-Generated Content (as defined below) you have provided will/may remain in our back-up systems and may continue to be accessible by other Site users. Upon any termination of your account or these Terms you must immediately stop accessing and using the Site.
8. ORDER AND PAYMENT
Purchases of products made through the Site must be made by credit or debit card. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor.
9. TERMS OF SALE
All orders of products made available on or ordered using the Site are subject to this section. This section and these Terms constitute the complete and exclusive statement of the terms governing the sale of products via the Site. Your purchase of products using the Site and acceptance of products as stated below manifest your agreement with this complete and exclusive statement of terms.
Order Acceptance. Nothing on the Site constitutes an offer, but an invitation to you to make an offer to purchase products through the Site. All orders are subject to acceptance by Little Rad Things. In addition, there may be certain orders that we cannot accept or must cancel. We reserve the right, in our sole discretion and without liability, to reject or cancel any order not yet shipped for any reason, including the following: limitations on quantities available for purchase; inaccuracies or errors in product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require verifications, approvals, or other information before considering acceptance of any order. We will contact you if all or any portion of your order is rejected or canceled or if additional information is required to accept your order. An order is deemed accepted when Little Rad Things ships the products ordered, and Little Rad Things will charge your credit or debit card upon such shipment.
Shopify Terms. All orders placed through the Site are subject to the applicable terms and policies of Shopify Inc., our online storefront software provider and payment processor.
Shipping and Handling; Taxes. Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility. Little Rad Things charges you for sales, use, and other taxes for products ordered through the Site to the extent required by law.
Availability. The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Product colors and measurements are approximate and may vary from the representation in the Site. These differences will not constitute a defect in or noncompliance of any product. Availability of products may be limited, and products may not be available for immediate delivery. Some products may not be available in certain areas. Little Rad Things is not liable for any damages you may suffer because of any shipment delays.
Pricing. Pricing errors may occur on the Site from time to time. Little Rad Things attempts to correct all pricing errors as soon as they are discovered‚ or as soon as Little Rad Things receives notice of an error, but Little Rad Things is not responsible for any pricing or typographical errors on the Site. Little Rad Things reserves the right to cancel any orders containing pricing errors, with no further obligations or liability to you‚ even after your receipt of an order confirmation or shipping notice from Little Rad Things. Any payments you make to Little Rad Things for orders that are cancelled due to pricing errors will be refunded without additional charge.
Title and Risk of Loss. Title to products will pass to you when you receive the products. Little Rad Things will bear the risk of loss or damage to the products during shipment to you.
Order Cancellations. Order cancellations are at Little Rad Things sole discretion. Our goal is to ship orders promptly, so it is often not possible to cancel an order once it is processed. If you wish to cancel an order, please contact us via email at email@example.com to see if we can change, cancel, or correct the order before it ships.
Return Policy. Any unworn, unwashed product can be returned to Little Rad Things. Items must be purchased directly from littleradthings.com with proof of purchase (order number and email address associated with order). Returns must be submitted, and the product received back to Little Rad Things within 30 days of purchase to be eligible for a refund, store credit or exchange. Little Rad Things does not accept used items. All sales are FINAL on Gift Cards, Pre-Orders, site-wide sales, birthday, and charitable merchandise (such as, but not limited to, Black Friday/Cyber Monday, birthday clothing, and clothing whose proceeds benefit a charitable organization). The customer is responsible for all associated return shipping fees. If you wish to ask about returning a product, please contact us via email at firstname.lastname@example.org. Any product returns are solely within Little Rad Things discretion. Little Rad Things will, from time to time, have goods for sale where a portion of the profits are designated and donated to charitable organizations; in the event of a cancellation or return not due to the fault of Little Rad Things, the donated amount will be deducted from any refund.
10. USER-GENERATED CONTENT
The Site may allow you to create, post, transmit, upload, publish, distribute, broadcast, submit, and otherwise provide comments, data, text, images, video, audio, and other content, and material via the Site, including by participating in the Site’s blog, and to respond to content provided by others (together, “User-Generated Content”). User-Generated Content is neither generated nor controlled by Little Rad Things. Little Rad Things is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. Please keep in mind that the User-Generated Content you provide may be available to other Site users as described above.
By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms and that any User-Generated Content you provide will not cause Little Rad Things to violate any law or regulation. By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us or any third party infringes or violates your or any other person’s intellectual property rights, rights of privacy, rights of publicity, or other rights. You retain any copyright or other intellectual property rights you may have in User-Generated Content that you provide, subject to the license granted to Little Rad Things below.
Please keep in mind that any User-Generated Content that you provide will be publicly available via the Site. You must maintain a polite, pleasant, and respectful environment. User-Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others is prohibited. User-Generated Content must be relevant to the applicable topic. User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. You will not create a false identity, hide your true identity, or impersonate or represent any person other than yourself. You will not provide any other person’s private or confidential information without that person’s permission.
User-Generated Content is not monitored. Little Rad Things reserves the right, but does not have the obligation, to, at any time and for any reason, review, prescreen, edit, redact, otherwise modify, reorganize, and recategorize User-Generated Content. Little Rad Things also reserves the right, but does not have the obligation, to, at any time and for any reason, delete User-Generated Content from the Site. Little Rad Things has no obligation to archive or otherwise store any User-Generated Content. Little Rad Things reserves the right to impose limits on Site features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Site at any time for any reason, including breach of these Terms.
If you delete or replace User-Generated Content that you have provided (where those options is available), you understand that it may remain in our back-up systems for a period of time and that users with whom you have shared or who have otherwise accessed that User-Generated Content may continue to have access to and use it.
If you provide User-Generated Content, you hereby grant to Little Rad Things a royalty-free, fully paid-up, perpetual, irrevocable, worldwide, transferable, assignable, sublicensable right and license to reproduce, copy, implement, modify, adapt, reformat, publish, translate, excerpt, create derivative works of, store, distribute, publicly perform, display, license, sell, exploit, and otherwise use and distribute that User-Generated Content in any and all forms, media, technologies, and distribution methods now known or later developed, including for purposes of developing, manufacturing, and marketing products and services. You understand that Little Rad Things will not be required to treat any User-Generated Content as confidential and may use any User-Generated Content in its business (including without limitation for products and advertising) without incurring any liability for royalties or any other consideration of any kind and without compensation paid to you and Little Rad Things will not incur any liability because of any similarities that may appear in future Little Rad Things operations.
If you believe that anything on the Site infringes any copyright that you own or control, please follow the process described below. If you believe that anything on the Site violates a law or regulation or breaches any provision of these Terms, please notify us via email at email@example.com.
11. COPYRIGHT POLICY
We respect the intellectual property rights of others, and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Site if we become aware of the same. If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
- A description of the copyrighted work(s) that you claim have been infringed;
- A description of the allegedly infringing material, including its location on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your email address, telephone number, and mailing address;
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Little Rad Things, LLC.
Attn: Little Rad Things
TBD: PO Box
Any programs, materials, products, or services that may be mentioned on or made available through the Site are subject to availability. Little Rad Things may change the programs, materials, products, and services mentioned on the Site at any time without notice.
13. NO WARRANTY
THE SITE, INCLUDING ALL CONTENT, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LITTLE RAD THINGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE REGARDING TITLE, NON-INFRINGEMENT, AVAILABILITY, QUALITY, ACCURACY, OR COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, AS WELL AS ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. LITTLE RAD THINGS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND LITTLE RAD THINGS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. LITTLE RAD THINGS HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
LITTLE RAD THINGS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONDITIONS. LITTLE RAD THINGS DOES NOT WARRANT THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. LITTLE RAD THINGS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND LITTLE RAD THINGS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
YOU UNDERSTAND THAT LITTLE RAD THINGS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. LITTLE RAD THINGS DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
ALL OF THE INFORMATION IN THE SITE, WHETHER HISTORICAL IN NATURE, FORWARD-LOOKING, OR OTHERWISE, SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON THE SITE AND LITTLE RAD THINGS DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT IS POSTED OR TO REMOVE SUCH INFORMATION FROM THE SITE IF IT IS NOT, OR IS NO LONGER, ACCURATE OR COMPLETE.
WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.
WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM LITTLE RAD THINGS OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LITTLE RAD THINGS, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, CONSULTANTS, SUPPLIERS, AGENTS, OR REPRESENTATIVES (TOGETHER, “LITTLE RAD THINGS PARTIES”) BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE PRODUCTS MADE AVAILABLE THROUGH THE SITE, AND YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR THE PRODUCTS, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND SIMILAR DAMAGES, EVEN IF A LITTLE RAD THINGS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE. YOU, AND NOT LITTLE RAD THINGS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE AND THE PRODUCTS.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LITTLE RAD THINGS PARTIES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold harmless Little Rad Things Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Site or any products made available through the Site, (b) any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms, (c) your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, (d) your purchase of products using the Site, or (e) your submission of User-Generated Content. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you. You agree that the Little Rad Things Parties will have no liability in connection with any such claims or losses.
16. THIRD-PARTY WEBSITES
Little Rad Things welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent.
19. GOVERNING LAW
These Terms are governed by and interpreted pursuant to the laws of North Carolina, United States of America, without regard for its principles of conflict of law. The parties agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state or federal courts, as applicable, located in Stanley, North Carolina, unless otherwise determined by Little Rad Things in its sole discretion. You specifically consent to exclusive personal jurisdiction in Charlotte, North Carolina, in connection with any dispute between you and Little Rad Things arising out of these Terms or pertaining to the subject matter hereof. You will not bring any action or other claim with respect to the Site more than one year after the claim arises.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.
22. ELECTRONIC COMMUNICATIONS
These Terms and any other documentation, agreements, notices, or communications between you and Little Rad Things may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
23. CONTACT US
Please direct any questions and concerns regarding these Terms to us by email at firstname.lastname@example.org, or by mail at Little Rad Things, LLC., d/b/a Little Rad Things
NO PURCHASE, PAYMENT, OR DONATION IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT, OR DONATION WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
ENTRY PERIOD: Little Rad Things Jeep Car Giveaway (the “Sweepstakes”) is sponsored by Littlle Rad Things, LLC (hereinafter, the “Sponsor”). The first Sweepstakes starts on December 1, 2022 at 12:01:00 a.m. Eastern Standard Time (“EST”) and ends on March 31, 2023 at 11:59:59 p.m. PST (the “Sweepstakes Period”).
SWEEPSTAKES ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States who are 18 years of age or older as of the date of entry. The following persons are not eligible to participate in the Sweepstakes: Sponsor; any of Sponsor’s parents, subsidiaries, affiliates, or advertising and promotion agencies; and any employee, officer, director, representative or agent of any of the foregoing persons and the immediate family members (spouses and siblings, children and parents and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals. Void where prohibited or restricted by law. Sponsor may verify eligibility at any time. The Sponsor will make any determinations of eligibility. Sponsor’s decision as to eligibility is final.
TO PARTICIPATE: Eligible participants can enter the Sweepstakes in the following manner:
Entry Method 1: Visit https://littleradthings.com and complete an online purchase of any amount. For every $1 spent, you will automatically be granted 1 entry into the Sweepstakes.
At the Sponsor’s discretion, promotions may be offered at any time to eligible participants throughout the duration of the Sweepstakes via an e-mail promotion. Such promotions may include, but are not limited to, doubling or tripling the amount of entries for every $1 spent (typically equal to 1 entry as set forth above) in connection to a Little Rad Things online purchase. The sponsor is not required to offer such promotions and may also make similar promotions available via the Sponsor’s website or social media channels, at Sponsor’s discretion.
To track your purchases and their value which equate to the total number of entries into the Sweepstakes (subject to promotions as set forth above), entrants may create and login to their Little Rad Things account: https://littleradthings.com/account/login
Entry Method 2: Mail a postcard with your full name, telephone number, email address, and the phrase “Little Rad Things Giveaway” to the following address:
Little Rad Things, LLC
PO BOX 906
Denver, NC 28037
Each postcard is entitled to one (1) Sweepstakes entry. During any promotions where, for example, doubling or tripling the amount of entries for every $1 spent is active, postcard entries will hold the same value. Postcard value will be based on the day the postcard was postmarked.
Entries must be postmarked by March 31st, 2022. Any attempt by a person to use multiple identities, fraudulent transactions, or canceled transactions to gain more entries than permitted by these Official Rules shall result in disqualification at the Sponsor’s sole discretion. By participating, entrants warrant and represent that they agree to be bound by these Official Rules and the final decisions of the Sponsor. Entry information becomes the exclusive property of the Sponsor upon submission. Proof of submission of entry does not constitute proof of receipt of entry. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her telephone number or email address during the Sweepstakes.
Requests for confirmation of receipt of entries will not be acknowledged. Purchasers of Little Rad Things Gift Cards receive entries into the Sweepstakes (for every $1.00 Gift Card increment, earn one (1) entry). Purchases made using a Little Rad Things Card will not receive an entry. Any amount spent by the purchaser over the Gift Card value will receive an entry based on the purchased item (example: purchase $25 of product using a $50 Little Rad Things gift card and receive 25 entries into the Sweepstakes).
Entry Limit. Participants may receive up to a cumulative maximum number of entries of 5,000 entries (the “Entry Limit”). The Entry Limit applies to all entries, regardless of the method of entry. If a Participant exceeds the Entry Limit, all Entries received over the Entry Limit (in order of receipt) will be void and ineligible to win.
RANDOM DRAWING/ODDS: On or about April, 1st, 2023, Sponsor will select one potential winner by way of a random drawing from among all eligible entries received. Odds of winning depend on the number of eligible entries received. PRIZE: The Sweepstakes winner will receive a toy car (model, color, speed, and size up to the discretion of the sponsor (the “Prize”). The Prize will be procured, administered, and distributed by Sponsor. The retail value of the prize is up to $500 USD. The actual value may vary based on current stock and prize model brand and selection. The winner will not receive cash value or any other form of compensation. No prize transfer. No other prize substitutions. All taxes (including without limitation Federal, state and local taxes) in connection with the Prize, and the reporting consequence thereof, are the sole responsibility of the winner.
WINNER NOTIFICATION/VERIFICATION/ADDITIONAL PRIZE RESTRICTIONS: The entrant selected as a potential winner (“Winner”) is subject to verification of eligibility and compliance with these Official Sweepstakes Rules. The potential winner will be notified within approximately twenty-four (24) hours of the Draw Date at the email account and/or phone number provided during the registration process.
The potential winner will be notified by email and/or telephone to verify his/her eligibility and ability to accept the Prize. If such a potential winner is not available or if there is no answer at the time any telephone call is made, a message will be left, if possible. Any such voicemail will instruct the potential winner to call a specified telephone number or reply by email within 2 days (measured in the local time zone) after the time that the notification message was left. Potential Winner must reply as instructed to identify him/herself, confirm his/her eligibility and ability to accept the Prize, and provide his/her complete contact information within such time period, or he/she will be disqualified. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. If the potential winner does not respond within the 5 day time period, Sponsor reserves the right to award the Prize to another potential winner by way of another random drawing. Proof of identity, age, and legal residence may be required to claim the Prize. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) he/she fails to provide any required information or properly completed documents within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; or (c) if any Prize or prize notification is returned as undeliverable, any voicemail left is not timely returned, or any forms sent to potential winner are not timely returned as instructed. In the event of disqualification of a winner or potential winner, at Sponsor’s sole discretion the Prize may be awarded to an alternate winner (or runner up) selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. All prizes will be awarded. No responsibility is assumed by Sponsor for any incorrect or missing postal address, email address or phone number associated with an entry, or any change of address, email or phone number of entrant after entry submission. Sponsor will determine any prize details not specified here at its sole discretion. The prize will be booked by the sponsor.
WARRANTIES AND REPRESENTATIONS: By participating, entrants warrant and represent that they agree to be bound by these Official Rules and the final decisions of the Sponsor. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Official Sweepstakes Rules or any rights of a third party and will not cause injury to any person or entity; and that you will indemnify Sponsor, its related entities and its affiliates for all claims resulting from content you supply submit. Entrants further grant Sponsor and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
GENERAL CONDITIONS: Sponsor, Facebook, Instagram, their parents, subsidiaries, affiliates, advertising and promotion agencies, or any wholesalers, retailers, importers, or distributors together with the employees, officers, directors, and agents of each (aforementioned individuals and organizations collectively, the “Releasees”) are not responsible and shall not be liable for: [a] failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems or other communications malfunctions; cellular equipment towers, telephone systems or wireless services; [b] interrupted or unavailable network, server or other connections including those through and/or by the Sweepstakes Page; [c] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; [d] failed, garbled, lost, misrouted or scrambled transmissions; [e] any error, omission, interruption, defect or delay in any transmission or communication or other errors or problems of any kind whether mechanical, human, technical, electronic, cellular telephone related or otherwise; [f] traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to entrant's or any other person's computer or wireless phone/handset related to or resulting from participation in this Sweepstakes; [g] late, lost, incomplete, damaged, or misdirected entries, email messages, or postage-due mail; [h] any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted; or [i] printing errors in Sweepstakes / advertising materials. By entering and participating, entrants agree to: [a] abide by these Official Rules and by the decisions of Sponsor, whose decisions are final and binding on all matters pertaining to this Sweepstakes; [b] the use of their names, photographs, testimonials or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) by Sponsor and its designee(s) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the universe in perpetuity, including but not limited to the posting of their names on the Sweepstakes Page, without compensation or notice to, or further consent of, to the winner to the extent permitted by law; and [c] to release, discharge and hold harmless the Releasees from any and all injuries, liability, losses and damages of any kind resulting from their participation in the Sweepstakes or their acceptance, use or misuse of any prize awarded in this Sweepstakes, including, without limitation, personal injury, death and property damage. Failure to comply with the Official Rules may result in disqualification at Sponsor’s sole discretion and selection of an alternate winner. All federal, state and local laws and regulations apply.
CAUTION: ANY ATTEMPT BY A SWEEPSTAKES ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS DESIGNEES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH SWEEPSTAKES ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries may not be made by any other individual or any entity, and/or originate at any unauthorized Internet web site or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites. Any potential winner who entered by any of the prohibited methods described above will be disqualified and an alternate winner will be selected. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the “authorized account holder” associated with the email account at the time of entry, who must comply with these Official Rules. Potential winner may be required to provide evidence (to the Sponsor’s satisfaction) that they are the authorized account holder of the email address associated with a winning entry. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, an online service provider, or another organization that is responsible for assigning email addresses or the domain associated with the submitted email address. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or any associated web site; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend all or any part of the Sweepstakes, and to select the applicable winner(s) from among the applicable eligible, non-suspect entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion.
IN NO EVENT WILL SPONSOR, FACEBOOK, INSTAGRAM, THEIR LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES PAGE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES PAGE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SWEEPSTAKES PAGE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
GOVERNING LAW: Except where prohibited, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE RESTRICTIONS IN THE EVENT OF DISPUTE OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
OFFICIAL SWEEPSTAKES RULES AND WINNERS LIST: Official Rules will be posted on https://littleradthings.com as of November 30, 2023 and will remain posted as long as giveaways are active. Names of past winners will be boosted on a “winners” page on the Little Rad Things website upon confirmation and acceptance.
Sponsor: Little Rad Things
© 2023 Little Rad Things, LLC. The Little Rad Things name(s) and logo(s) are trademarks of Sponsor.