Promotional Alerts Terms and Conditions
Carter’s Promotional Alerts (the “Service”) are MMS or SMS text messages that contain alerts for select Carter’s special offers, sales, events, and other content that may be of interest to you. By signing up for the Service, you agree to be bound by these Promotional Alerts Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use the Service.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND CARTER’S HAVE AGAINST EACH OTHER ARE RESOLVED (SEE “ARBITRATION AGREEMENT – LEGAL DISPUTES” SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE “ARBITRATION AGREEMENT – LEGAL DISPUTES” SECTION BELOW.
About Carter’s Promotional Alerts
How do I sign up for Carter’s Promotional Alerts?
Sign up for Carter’s Promotional Alerts by texting the word JOIN to 50795. Upon submission of your mobile number (“Your Mobile Number”) to the Carter’s Promotional Alert program, you will receive an SMS text message requesting you to confirm that you consent to receive MMS and SMS text messages to your mobile number. By signing up, you will receive approximately one or two messages per week, though messaging frequency may vary.
Is it free?
Although all promotional alerts are complimentary, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier. By enrolling in the Service, you certify that you are 18 years old or older and that (a) you are the account holder of the mobile number you provide or you have the account holder’s permission to submit the number to the Carter’s Promotional Alert program, and (b) that you agree to these Terms.
Do I need to consent to purchase from Carter’s?
Consent to receive marketing MMS and SMS text messages is not required as a condition of purchasing any goods or services.
How are texts sent?
MMS and SMS Texts may be sent using an automatic telephone dialing system.
How do I opt out?
To stop receiving only Carter’s Promotional Alerts, simply text STOP to the short code 50795, or call 1-877-333-0117. After doing so, you will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive Carter’s MMS or SMS text messages to the mobile number from which you opted out.
What if I want to opt back in?
You can start receiving Carter’s Promotional Alerts again by following the steps outlined in the above section: "How do I sign up for Carter’s Promo Alerts?"
What are the Participating Carriers?
The Service is available on AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS*, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), Google VoiceACS/Alaska, Advantage Cellular (DTC Wireless), Appalachian Wireless, Bluegrass Cellular, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chat Mobility USA, Coral Wireless (Mobi PCS), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp,Golden State Cellular, Illinois Valley Cellular (IV Cellular), i Wireless (IOWA Wireless), Nex-Tech Wireless, MTA Communications, MTPCS (Cellular One Nation), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications Core Wireless), Inland Cellular Telephone Company, Immix (Keystone Wireless), Mosaic (Consolidated or CTC Telecom), Northwest Missourri Cellular Limited, Peoples Wireless, Panhandle Telecommunications Systems(PTCI), RINA, Revol Wireless USA, SI Wireless/Mobile Nation, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, United Wireless, Union Telephone Company (Union Wireless), Viaero Wireless, West Central Wireless (5 Star Wireless), Sagebrush Cellular (Nemont), Pine Cellular, Aio Wireless/ Cricket, SouthernLinc, Bandwidth, Copper Valley, Leaco, CableVision, Buffalo Wireless, Chariton Valley Cellular, Pine Belt Wireless, Atlantic Tele-Network International (ATN). *T-Mobile is not liable for delayed or undelivered messages.
The Service is not compatible with all cell phone models. Carter’s is not responsible for any delays upon sending or receiving MMS or SMS text messages.
How are the messages sent?
We may use autodialer or non-autodialer technology to send the messages described above to the mobile phone number you supply when you opt in.
What if I have questions?
For help, simply text HELP to 50795, call 1-877-333-0117, or email firstname.lastname@example.org.
Stop: At any time, you can text STOP to the short code 50795. You will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive any Carter’s MMS or SMS text messages to the mobile number from which you opted out, unless you opt-back in.
Help: At any time, you can text HELP to the short code 50795.Texting HELP will return the following message:
Carter’s Promotional Alerts: For more info, Call: 1-877-333-0117 or visit https://www.carters.com/customer-service/cs-landing.html. Msg freq may vary. Reply STOP to cancel. Msg&Data Rates May Apply.
Your Contact Information
You represent that you are the holder of the mobile phone number account you provide to Carter’s or that you have the account holder’s permission to enter the mobile number in the Service and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information with us, including by advising us immediately if you cease being the subscriber or regular user of your mobile number.
Arbitration Agreement – Legal Disputes
Initial Dispute Resolution. We are available by email to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Please see “How to contact Carter’s” below for more information on how to reach out to us.
Terms Of Service And Binding Arbitration Agreement.
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the “Initial Dispute Resolution” section above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including its performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association on a non-confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to any claim that all or any part of these Terms are void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive, and disclaim the application of any state arbitration act.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Carter’s will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and Carter’s will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception — Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 Day Right To Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out to the address below under “How do I contact you?” The notice must be sent within thirty (30) days of agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the provisions of this section. If you opt-out of these arbitration provisions, Carter’s also will not be bound by them. If you do not opt out, but subsequently agree to these Terms again via a subsequent purchase or other agreement, you will have the ability to opt out again, but only for claims based on events after that subsequent agreement to the then operative version of these Terms.
Exclusive Venue For Litigation
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Fulton County, Atlanta, Georgia (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Fulton County, Atlanta, Georgia for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Fulton County, Atlanta, Georgia for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of any court in such jurisdiction over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Services and (b) any acts or omissions of Carter’s in connection with these Terms or the Services.
How to Contact Carter’s
You can contact us by postal mail, telephone or email as follows: Carter’s Consumer Affairs, 206 State Street, Oshkosh, WI 5490; 888-782-9548; email@example.com.