THE HOMEGOODS DREAM VIBES EXPERIENCE TERMS AND CONDITIONS (FINAL)
The HomeGoods Dream Vibes Experience (the “Program”) is a dream exploration experience provided by HomeGoods, a retail store brand owned and operated by The TJX Companies, Inc. and its subsidiaries (“HomeGoods”) and administered by Daniel J. Edelman, Inc. (the “Administrator”). These Terms & Conditions (“Terms”) apply to the operation of the Program. We ask that you please review these Terms carefully prior to participating in the Program. There is no purchase necessary to participate in the Program.
Purpose of the Program.
The mission of the HomeGoods Dream Vibes Program is to help shoppers tap into their dreams as a source of unexpected design inspiration. To achieve this mission, we are providing a tool that allows you to input details about your dream, asks multiple choice questions to help gather additional information (collectively, the “Dream Input”), and generates your personal dream vibes design inspiration results that you are able to share in a variety of ways (the “Dream Vibes Result”). We may use a service provider to assist us in managing and/or administering the Program.
By participating in the Program you agree to abide by the following Guidelines:
- Remember Program Goals. The primary purpose of the Program is to provide you with unexpected design inspiration based on sentiments identified by the details of your dream.
- Be Genuine. The purpose of the Program is to inspire. While sometimes we all need to vent some frustration, Dream Input meant to harass, threaten, attack, shame or that is pornographic or vulgar or defamatory toward any person/people, entity, belief or symbol is inappropriate for the Program, as determined by HomeGoods in its sole discretion, is prohibited and may result in your Dream Input not being processed for a Dream Vibe Result.
- Privacy. When submitting your Dream Input, please do not share your/anyone's personal information - ex: full name, email addresses, phone number, mailing address, health details, or social media handles. You may provide your information as needed in order to share your Dream Vibes Result after they are generated by the tool.
- Not Illegal, Not Hateful. The Program is not the place to share dream details about or promote illegal activities or content, any activity or content that is hateful to any gender, race, ethnic group or sexual orientation, or any other inappropriate activities or content. Any content of this nature may result in your participation being terminated in HomeGoods’ sole discretion.
We have no obligation to monitor the content you submit, but reserve the right to reject submissions that may violate these Terms.
Dream Vibe Results
All Dream Vibe Results will be generated by HomeGoods’ provider’s tool in HomeGoods’ sole discretion. Participation in the Program is not a guarantee that you will receive Dream Vibe Results. HomeGoods reserves the right to decline to generate a Dream Vibe Result for any participant, or to discontinue the Program, in HomeGoods’ sole discretion at any time.
The information that you share as part of the dream input process is solely your responsibility. You agree that HomeGoods, the Administrator, their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") are not responsible or liable for any loss or damage of any kind or nature incurred as the result of your participation in the Program or any information that you share as part of your Dream Input. If there is a dispute between a Program participant and any third party, you understand and agree that Released Parties are under no obligation to become involved. In the event that you have a dispute with any individual based on your Dream Input, you hereby release the Released Parties from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Program. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Disclaimer/Limitation of Liability
By participating in Program, you agree that the Released Parties will have no liability for the operation of the Program, including: (1) any incorrect or inaccurate information whether created by a participant, any of the Released Parties or third parties; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in communications or other equipment or media; (3) unauthorized human intervention in any part of the Program; (4) technical or human error which may occur in the administration of the Program; or (5) any injury or damage (physical or emotional) to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Program.
REMINDER: NONE OF THE RELEASED PARTIES ARE IN ANY WAY RESPONSIBLE FOR ANY ACTION OF THE PARTICIPANTS DURING OR AS A RESULT OF THE PROGRAM. YOU PARTICIPATE IN THE PROGRAM AT YOUR OWN RISK. THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOMEGOODS AND ADMINISTRATOR SPECIFICALLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PROGRAM, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION YOU PROVIDE AS YOUR DREAM INPUT AND ANY INFORMATION YOU SHARE AFTER YOU RECEIVE A DREAM VIBES RESULT. HOMEGOODS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE MONITORING OF THE DREAM INPUT CONTENT, OR THE ACCURACY OF THE DREAM VIBES RESULTS.
THE RELEASED PARTIES ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY PARTICIPATION IN THE PROGRAM OR INFORMATION PROVIDED THROUGH THE PROGRAM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE THOUSAND DOLLARS.
While HomeGoods or Administrator may review Program content, HomeGoods does not control or endorse the content, messages or information provided as part of the Dream Input portion of the Program, and therefore, each of HomeGoods and the Administrator specifically disclaims any liability with regard to the Program, Dream Input and the contents thereof.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent the Released Parties may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of the Released Parties’ liability will be the minimum permitted under such law.
To the extent permitted by applicable law, you hereby agree to indemnify and hold harmless HomeGoods and the Released Parties from any and all claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising as a result of your participation in the Program or your violation of the Terms. In the event of any claim, HomeGoods and/or the Released Party shall have the right to defend and settle any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof and shall not settle any such claim without the prior written consent of HomeGoods or the applicable Released Party.
In the event you believe a participant is violating the Terms or otherwise misusing the Program, please contact us at: firstname.lastname@example.org
HomeGoods reserves the right to terminate the Program, or any individual’s ability to participate in the Program in its sole discretion at any time without notice for any reason whatsoever.
By selecting the option to have your Dream Vibes Result sent to you via email you agree to receive automated emails from HomeGoods and Administrator regarding your participation in the Program (i.e.: an email providing you with a copy of your Dream Vibes Result).
By selecting the option to have your Dream Vibes Result sent to you via SMS (text message), you agree to receive up to two (2) automated text messages to the mobile phone number provided (providing you with a copy of your Dream Vibes Result). Message and data rates apply. Agreeing to receive text messages is not required in order to make a purchase from HomeGoods or participate in the Program.
Modification of Terms
HomeGoods reserves the right to make changes in these Terms at any time, in its sole discretion, without notice.
Governing Law and Venue
These Terms are governed by and shall be construed in accordance with the laws of the State of Delaware. Any action or proceeding arising out of or related to the Terms must be brought in the state or federal courts of Massachusetts and you consent to the exclusive personal jurisdiction of such courts.
Arbitration Agreement & Waiver Of Certain Rights
You and HomeGoods and Administrator agree that, except as set forth below, we will resolve any disputes between us (including any disputes between you and a third-party agent of Home Goods) through binding and final arbitration instead of through court proceedings. You and HomeGoods hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes between you and HomeGoods, Administrator or you and a third-party agent of HomeGoods (a "Claim") will be exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, HomeGoods will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you, Administrator or HomeGoods from seeking action by federal, state, or local government agencies. You, Administrator and HomeGoods also have the right to bring qualifying claims in small claims court. In addition, you and HomeGoods retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor Administrator nor HomeGoods may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Administrator’s or HomeGoods’ individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you, Administrator and HomeGoods each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the Terms and Conditions will survive the termination of your relationship with HomeGoods and/or Administrator
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU, ADMINISTRATOR OR HOMEGOODS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Under no circumstances will HomeGoods or Administrator be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
The failure of HomeGoods or Administrator to enforce any right or provision of these Terms will not prevent HomeGoods from enforcing such right or provision in the future.
HomeGoods or Administrator may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.