Red Line Club® Membership Agreement
Welcome to Mattel, Inc.'s Hot Wheels® Red Line Club® ("RLC™") and related services ("Services") at HotWheelsCollectors.com℠ (“HWC™”). Mattel, Inc. and its affiliates ("Mattel" or "we" or "us") provide membership in the RLC to you subject to this Hot Wheels Red Line Club Membership Agreement ("RLC Membership Agreement") and the HotWheelsCollectors.com℠ Member Service Agreement, hereinafter called the "HWC Agreement". You must become a member of HotWheelsCollectors.com℠ pursuant to the HWC Agreement before you may become a member of the RLC. If there is a conflict between the provisions of the HWC Agreement and this RLC Membership Agreement, the terms of this RLC Membership Agreement will prevail. On any area where this Agreement is silent, the terms of the HWC Agreement will prevail. We urge you to again review the terms of the HWC Agreement as well as this RLC Membership Agreement before joining the RLC.
It's critical that you read this entire RLC Membership Agreement in its entirety before purchasing a membership in the RLC. It contains important information that addresses prohibited conduct. It outlines economic and other obligations that you agree to assume each time you participate in the RLC. And it highlights certain rights that we reserve so that we can ensure that your membership in the RLC will be an enjoyable internet experience and so that we can remain a responsible member of the internet community. If that's not compelling enough, you should know that, once you have purchased a membership, this RLC Membership Agreement becomes a legally binding document.
Once you read this entire RLC Membership Agreement, if you agree to all of its terms, submit your registration, which will indicate your agreement to this Membership Agreement. After you "accept" the RLC Membership Agreement, you may proceed with your purchase of a membership in the RLC. You'll be bound by both the HWC Agreement and this RLC Membership Agreement whenever you participate in the RLC. It's your responsibility to read this RLC Membership Agreement and keep apprised of any changes to it. We may update or modify this RLC Membership Agreement at our sole discretion from time to time without prior notice to you. The updates and modifications may appear in connection with a change in RLC features. The updates and modifications will be binding on you from the time that we post them. We encourage you to review the most current version of this RLC Membership Agreement on our site on a regular basis. Any updates or modifications that we make to this RLC Membership Agreement will be binding on you even if you choose not to read them. If you don't accept this Membership Agreement where indicated, then you can't use our Service..
1. The Hot Wheels Red Line Club
The RLC includes several features, and they may vary from time to time in our sole discretion. To learn more about the RLC and its features, please see our Hot Wheels Red Line Club Membership Summary, which are incorporated herein by this reference and are a material part of this RLC Membership Agreement. Unless we expressly tell you otherwise, all new features that we provide to modify, supplement, or improve the RLC will be subject to this RLC Membership Agreement and any other terms and conditions that we may announce. RLC benefits vary from year to year, and benefits offered in a prior year may not be provided in later years. As with the HWC, we merely provide the Service and the RLC; you must obtain and maintain at your sole cost all other services and items for you to use and enjoy the Service and the RLC, including, without limitation, access to the World Wide Web. Your membership in the RLC and use of the RLC section of the HWC site is also subject to the general Terms and Conditions that apply to all visitors to the HWC site. For more information, please see our Website Terms and Conditions.
Membership in the RLC is offered worldwide (except as provided below) to persons who are at least 18 years old on or before the date that he or she registers for the RLC. You also must have a valid credit card at the time you sign up for the RLC. If you are a resident of Cuba, Iran, North Korea or Sudan ("Prohibited Countries"), you are ineligible and may not become a member of the RLC. The countries included as Prohibited Countries may be modified by Mattel in its sole discretion. By joining the RLC, you represent and warrant that you meet all eligibility requirements.
3. Membership Address and Shipping
The address that you include in your RLC registration may be anywhere in the world except the Prohibited Countries. We only ship physical items to addresses within one of the 50 United States, the District of Columbia, and territories of the United States or Canada ("eligible shipping addresses"); however, you, at your sole cost and sole risk, may engage a third-party shipper located at an eligible shipping address to receive and forward physical items shipped by us, provided that the third-party shipper does not forward the items to a Prohibited Country. If you do not either have a shipping address that is an eligible shipping address or engage a third-party shipper located at an eligible shipping address, you may still become a member of the RLC but we will be unable to ship physical items to you and you forfeit all RLC membership benefits associated with the shipping restriction. You are responsible for any applicable taxes and duties on all items and services purchased by you.
4. Membership Limitation
Membership is limited to one per person and not more than five per household. You are prohibited from becoming a member under more than one name or at more than one address. If we determine or suspect, in our sole discretion, that you have exceeded these limitations, we may, among other things, terminate your membership without refund, reimbursement, or credit of your Membership Fees (as defined in Section 7). Your membership is personal to you, and you may not sell, give, or otherwise transfer your membership to anyone else.
5. Membership for Current Calendar Years Only
Your membership in the RLC commences on the day that you complete the RLC registration process that is required to become a member or renew an existing membership (including Mattel's receipt of applicable Membership Fees). Regardless of when during the calendar year that you become a member, your membership will automatically expire on December 31 of the year ("Term") in which you sign-up or renew, unless terminated earlier pursuant to this RLC Membership Agreement. We reserve the right to extend your membership beyond the Term.
You must provide Mattel with accurate, complete, and updated complete information (the "Registration Information") on our online registration form. If you provide us with any Registration Information or other information that isn't truthful, complete, or up-to-date, or if we have grounds to suspect that any of it isn't truthful, complete, or up-to-date, then we may suspend, terminate, or take any other legal action with respect to your account. You may not: (a) select a user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other party without their authorization; or (c) use a user name that Mattel, in its sole discretion, deems inappropriate, vulgar, or offensive.
7. Fees and Payments
You agree to pay the membership fees and any other charges incurred in connection with your user name and password for the RLC (including any applicable taxes) ("Membership Fees") at the rates in effect when the charges were incurred. We will immediately bill all charges for the RLC to your credit card. You warrant that your use of the particular credit card is authorized and legally permitted and that all information that you submit is true and accurate (including, without limitation, your credit card number, expiration date, and billing address). All fees and charges are nonrefundable. We may change the fees, taxes, and charges then in effect, or add new fees or charges, by giving you notice in advance. You are responsible for all fees and other charges that you may incur in connection with your use and enjoyment of the RLC.
8. User name and Password; Liability for Activities
You are responsible for maintaining the confidentiality of your user name and password and are solely responsible for all activities (including purchases) that occur under your user name and password. You agree to: (a) immediately notify us at support@HotWheelsCollectors.com of any known or suspected unauthorized use of your membership account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your user name or password, and (b) ensure that you exit from the RLC at the end of each session. We reserve the right to refuse membership to the RLC to you or any third party.
9. Prohibited Use of RLC Content
Any unauthorized copying duplication or distribution of any content appearing in or in connection with the RLC, whether originating from us or any third party ("RLC Content"), including, without limitation, content that is modified, merged, or included with RLC Content, is expressly prohibited. You agree not to, in whole or in part, copy, duplicate, create derivative works based on, modify, sell, distribute, lease, loan, rent, repost, grant a security interest in, reverse engineer, or otherwise use the RLC Content; any attempt to do so may result in, among other things, the immediate termination of your membership, without refund, reimbursement, or credit of your Membership Fees.
10. Prohibition Against Pre-Selling Mattel Online Exclusive Products
Pre-selling (defined below) a Mattel online exclusive item (i.e. an item that Mattel sells exclusively online), including items that may be obtained with or without Mattel's permission, is expressly prohibited. "Pre-selling" means listing or advertising a Mattel online exclusive item prior to the date that Mattel charges your credit card for the exclusive item. You agree not to participate in any way in such an activity; any attempt to do so may result in, among other things, the immediate termination of your membership, without refund, reimbursement, or credit of your Membership Fees.
11. Release and Indemnity
You agree to release, indemnify, and hold us and our affiliates harmless from all liabilities, losses, damages, costs, and expenses (including attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your membership in the RLC, your use of the Services, and/or your violation of this RLC Membership Agreement.
12. Absolute Right to Suspend or Terminate Your Membership in the RLC
You may terminate this RLC Membership Agreement and your right to use the RLC and its features at any time by sending an email to support@HotWheelsCollectors.com. Although you may terminate your right to use the features of the RLC, your membership may not be cancelled (it may only expire), and you will not be entitled to any refund, reimbursement, or credit of your Membership Fees. You agree that we, in our sole discretion, may suspend or terminate your user name, password, membership (or any part thereof) in the RLC, and your use of any or all of the features of the RLC, if we believe in our sole discretion that you have violated this RLC Membership Agreement or the HWC Agreement, all without notice or liability to you or anyone else. You agree that any termination of your access to the RLC under any provision of this RLC Membership Agreement may be effected without prior notice. You also agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the RLC. Further, you agree that we will not be liable to you or any third party for any termination of your access to the RLC. Any fraudulent, abusive, or otherwise illegal activity (including without limitation, inclusion or placement on any denied parties, specially designated nationals, blocked persons, or restricted parties list provided by any U.S. or foreign governmental entity or agency) may be grounds for termination of your membership, at our sole discretion, and you may be reported to appropriate law-enforcement agencies. If Mattel terminates your membership for any reason, you will not be entitled to a refund, reimbursement, or credit of any Membership Fees.
13. Absolute Right to Remove or Discard User Content
All information, data, text, software, music, sound, photographs, graphics, video, messages, statements, opinions, and other information or materials that you find at the RLC and that does not originate directly from Mattel, whether publicly posted or privately transmitted, is referred to as the "User Content." We may, in our sole discretion and at any time, remove any User Content within the RLC, or any part thereof, with or without notice and without any obligation to you, including a refund, reimbursement, or credit of any Membership Fees.
14. Absolute Right to Terminate the RLC, RLC Features, and RLC Content
We may, in our sole discretion, decide to not offer the RLC after December 31 of the year that you became a member or to renew your membership. We may also, in our sole discretion and at any time, remove any RLC feature or item of RLC Content, or any part thereof, with or without notice and without any obligation to you, including a refund, reimbursement, or credit of any Membership Fees.
15. Mattel's Proprietary Rights
You acknowledge and agree that HWC site (including the RLC) and any necessary software used in connection with the HWC site or the RLC ("Software"), which is a part of the RLC Content, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the RLC or advertisers, which is also a part of the RLC Content, is protected by intellectual property and other laws. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based in whole or in part on the RLC Content. Mattel grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not, and do not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the RLC. You agree not to access the RLC by any means other than through the interface that is provided by Mattel for use in accessing the RLC. If you do not comply with this provision, Mattel reserves the right to terminate your membership in the RLC without refund, reimbursement, or credit of any Membership Fees.
16. Limitation of Liability to Amount Paid by You
WE WON'T AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) ANY USE OR INABILITY TO USE THE SERVICE INCLUDING, WITHOUT LIMITATION, SERVICE DISRUPTION ARISING FROM TECHNICAL OR ANY OTHER CAUSE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT ON THE SERVICES OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MODERATOR WHO IS NOT EMPLOYED BY MATTEL); OR (E) ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTIES. IF WE ARE ADJUDGED TO BE LIABLE BY A COURT OF COMPETENT JURISDICTION TO YOU FOR ANY REASON WHATSOEVER, YOU AGREE AND UNDERSTAND THAT YOU MAY NOT RECOVER DAMAGES IN EXCESS OF THE AMOUNT OF MEMBERSHIP FEES THAT YOU ACTUALLY PAID TO US DURING THE YEAR IN WHICH THE EVENT OCCURRED THAT GAVE RISE TO OUR LIABILITY. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS SERVICE TO YOU.
17. Exclusions to Limitations
SOME JURISDICTIONS DON'T ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTION 16 ABOVE MAY NOT APPLY TO YOU.
18. International Members
a. Possible limits on benefits.
If you join and/or access the RLC from a location outside the United States or Canada, you may not enjoy all or portions of the benefits of the RLC. Those who choose to join or to access the RLC from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the RLC and/or the Service or any portion thereof to any person, geographic area, or jurisdiction we desire, at any time and in our sole discretion.
c. Your obligations.
The internet spans the world. Because of this, you must comply with all applicable local laws, rules, and regulations, whether those of other countries or of the individual states within the United States, regarding online conduct, acceptable Content, and your use of the Service. In addition, you must comply with all applicable laws and regulations regarding the transmission of technical data exported from the United States or the country from which you use the Service, including, without limitation, any and all restrictions on encryption technology.
19. RLC™ Rewards Priority Program
a. Summary of the HotWheelsCollectors.com RLC™ Rewards Priority Program
- The HotWheelsCollectors.com RLC™ Rewards Priority Program (the "Rewards Program") is a loyalty program sponsored by Mattel, Inc. ("Mattel") through which members of the HotWheelsCollectors.com Red Line Club ("RLC™") can earn points ("Rewards Points") when they purchase selected goods from the HotWheelsColletors.com Shop. 2. Participants in the Rewards Program ("Participants") may redeem their Rewards Points for special Rewards Program merchandise available at http://www.HotWheelsCollectors.com/shop.
- The Rewards Program is void where prohibited by law. The program is open only to members of the RLC™ who are at least eighteen (18) years old at the time of registration for the Rewards Program.
- Participation in the Rewards Program constitutes the Participant's full and unconditional agreement to these Terms and Conditions.
c. Duration of Rewards Program
- The Rewards Program begins on January 1 of each year at 9:00:00 AM Pacific Time ("PT") of each year and ends with the last sale of each year where points are awarded.
- Participants may earn Rewards Points from the first sale of the year where Rewards Points are offered until the last sale of the year where Rewards Points are offered, subject to the date the Participant becomes a member of the RLC™ ("Earning Period"). Participants may redeem Rewards Points at a designated time during the year until the Rewards Program End Date ("Redemption Period"), unless extended or otherwise modified by Mattel.
- Mattel reserves the right to shorten, extend, or cancel the Rewards Program, at its discretion, at any time.
d. Enrolling in the Rewards Program
- RLC™ members are automatically enrolled in the Rewards Program as of the day they become members of the RLC™.
e. Earning Rewards Points
- During the Earning Period, Participants automatically earn Rewards Points by purchasing selected goods from the HotWheelsCollectors.com Shop.
- Participants will accrue Rewards Points from the date he/she registers for the RLC™. Rewards Points will be earned for purchases at the HotWheelsCollectors.com Shop as specified within the RLC™ Membership Summary each year, and as specified in the articles for sales where Rewards Points will be awarded.
- Rewards Points will accrue to the Participant's account after Participant's credit card has been charged and the order ships, unless otherwise noted.
- Mattel reserves the right to change, add, or remove the methods by which Participants can earn Rewards Points. Participants are responsible for the payment of all local, state, provincial, territorial and federal taxes which may result from the Reward(s) received as part of the Rewards Program.
- Each Participant is responsible for ensuring the accuracy of his/her Account. Participants are encouraged to check their Accounts to ensure that the correct number of Rewards Points has been accrued to his/her Account. If a Participant believes that Rewards Points were not properly accrued to his/her Account, the Participant must notify Mattel by sending an e-mail to email@example.com within fifteen (15) business days of the day the Participant completed the transaction that was eligible to earn Rewards Points.
Mattel reserves the right to require proof, including, but not limited to, a receipt or screen shot, from the Participant who performed the transaction that was eligible for Rewards Points in accordance with these Terms and Conditions. Transactions that are determined to be invalid for any reason are subject to disqualification and the corresponding Rewards Points will be removed from the Participant's Account to which the invalid transactions were credited. Mattel's decisions regarding validation and invalidation of any Rewards Points are final and binding in all instances. In the event that Mattel improperly denies a Rewards accrual, Mattel's liability is limited to the proper posting of Rewards Points to the Participant's account.
f. Redeeming Rewards Points
- Participants may redeem Rewards Points beginning at a designated time each year until the Rewards Program End Date, unless extended or otherwise modified by Mattel.
- To redeem his/her Rewards Points, a Participant must:
- Sign in at HotWheelsCollectors.com using his/her RLC™ user name and password;
- Click on the "Rewards" shelf or shelves to view available Rewards;
- Select the item corresponding to the number of Rewards Points he/she would like to use from his/her Rewards Points total; and
- Continue to shop, or proceed to checkout.
- The Rewards Points for the Rewards merchandise selected will be redeemed upon checkout. No standard shipping fees will be charged for Rewards shipment. Rewards can only be mailed to United States or Canadian addresses.
- Participants must have at least the amount of Rewards Points designated each year to redeem for any one RLC™ Rewards Priority Car or other Rewards item.
- Any Rewards Points remaining in a Participant's account at the end of the Redemption Period will be forfeited without compensation. The Rewards Points have no cash value and are only redeemable for offered Rewards.
g. Modifications and Termination of the Rewards Program:
- Mattel reserves the right to modify any of the terms and conditions set forth herein - including, but not limited to, the duration of the Earning Period or the Redemption Period, the methods by which Participants may earn Rewards Points, the amount of Rewards Points associated with each such method, the number of Rewards Points that may be redeemed through the Rewards Program, and any of the options made available to Participants with respect to their Accounts - at any time, with or without notice, even though these changes may affect a Participant's ability to accrue or use his/her Rewards Points.
- Mattel reserves the right to terminate the Rewards Program at any time, for any reason, with or without notice, even though termination may affect a Participant's ability to accrue or use his/her Rewards Points. In the event that Mattel terminates the program before the scheduled Rewards Program End Date, Participants will have thirty (30) days from the date the premature Rewards Program termination is announced to redeem their Rewards Points.
- A Participant's continued participation in the Rewards Program constitutes the Participant's acceptance of any changes to these Terms and Conditions. Participants are responsible for remaining knowledgeable as to any changes that Mattel may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the HotWheelsColletors.com website and will supersede all previous versions of these Terms and Conditions.
h. General Terms and Conditions:
- To learn how the personal information collected in connection with the Rewards Program may be used, individuals should read Mattel's Privacy Statement which is available at http://corporate.mattel.com/privacy-statement.aspx. The terms of the Mattel Privacy Statement may change at any time, and are incorporated herein by reference.
- Mattel reserves the right to discontinue the participation privileges of any Participant who engages in any fraudulent activity or uses the Rewards Program in a manner inconsistent with these Terms and Conditions or any federal, state, or provincial or territorial laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of all accumulated Rewards Points, and benefits. In addition to discontinuance of participation privileges, Mattel shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- Rewards Points do not constitute property of a Participant and may be revoked by Mattel at any time as set forth herein. Rewards Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
- Mattel reserves the right to deduct any Rewards Points credited to a Participant's account in error.
- All questions or disputes regarding eligibility for the Rewards Program, earning or redemption of Rewards Points, or a Participant's compliance with these Terms and Conditions will be resolved by Mattel in its sole discretion.
i. Limitation of Liability
- By participating in the Rewards Program, the Participant acknowledges that technical processing and transmission of the HotWheelsCollectors.com website ("Website") may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Mattel is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Rewards Program or utilized by the Participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or on-line service, or for any other technical or non-technical error or malfunction.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MATTEL, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE HEREUNDER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE REWARDS PROGRAM OR MERCHANDISE OFFERED THROUGH THE REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT MATTEL AGREES OTHERWISE IN WRITING.
- IF MATTEL IMPROPERLY DENIES A MEMBER ANY REWARDS POINTS, SUCH MEMBER'S SOLE REMEDY AND MATTEL'S AND ITS AFFILIATES' TOTAL LIABILITY WILL BE LIMITED TO POSTING THE EQUIVALENT AMOUNT OF REWARDS POINTS TO THE MEMBER'S ACCOUNT.
- BY PARTICIPATING IN THE REWARDS PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
- TO THE FULLEST EXTENT ALLOWABLE BY LAW, AND UNLESS MATTEL AGREES OTHERWISE IN WRITING, MATTEL SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE MERCHANDISE OFFERED THROUGH THE REWARDS PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to the Participant.
- As a condition of participating in this Rewards Program, Participant agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Rewards Program, or any rewards obtained through the Rewards Program, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California or the appropriate California State Court located in Los Angeles County, California U.S.A.; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Rewards Program, but in no event attorneys' fees; and (3) under no circumstances will Participant be permitted to seek recovery for, and Participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
- All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Participant and Mattel in connection with the Rewards Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
- These Terms and Conditions constitute the entire agreement between Mattel and program Participants pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
- Mattel shall not be held liable or responsible to the Participant for failure or delay in fulfilling or performing any obligations in these Terms and Conditions to the extent and for so long as such failure or delay is caused by or results from causes beyond Mattel's reasonable control.
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