Little Sleepies Rewards Terms & Conditions

Last Updated: 7/30/2026

Little Sleepies (“we,” “our,” or “us”) offers our customers a rewards program, Little Sleepies Rewards, that provides certain benefits to members, such as points based on dollars spent, free shipping, birthday rewards, easy ways to earn extra points, early and exclusive access, and other benefits and discounts. 

Please read these Terms & Conditions (“Terms”) carefully for important information about your rights and obligations in the Little Sleepies Rewards program (the “Program”). These Terms govern your participation in the Program. 

By signing up for the Program, creating an account, or otherwise participating in the Program, you agree to these Terms, as well as to our website Terms of Service, and consent to the processing of your information in accordance with our Privacy Policy, which are incorporated into, and made a part of, these Terms. IN THE EVENT THERE IS ANY CONFLICT AMONG THESE TERMS OR THE TERMS OF SERVICE, THESE TERMS WILL GOVERN.

These Terms contain a dispute resolution provision that requires arbitration, waives your right to trial by jury, and waives your right to participate in any class action or representative proceeding in the event of disputes, as set out in more detail below. 

1. Membership & Eligibility

You may become a member of the Program by opening a Little Sleepies Rewards account (“Account”) free of charge if you (i) are a legal resident of and have an address in the United States, (ii) have reached the age of majority in your jurisdiction of residence, and (iii) have legal capacity to enter into a binding legal agreement. In these Terms, “you” and “your” refers to the member Account holder. 

To sign up for the program, please visit https://littlesleepies.com/pages/my-rewards and follow the on-screen prompts. In order to enroll in the Program, you will need to have a valid account on littlesleepies.com, with a verified email address (where we will send Program communications, updates, and offers). No purchase is necessary to join the Program. The Program is void where prohibited by law.

2. Membership Tiers; Benefits Overview  

The Program has four (4) tiers: Daydreamer (“Tier I”), Sunseeker (“Tier II”), Moongazer (“Tier III”) and Starchaser (“Tier IV”), (each a “Program Tier” and together, the “Program Tiers”). All members are automatically enrolled in Tier I upon sign-up. A member will upgrade to the next tier when the sum of all non-expired points crosses the next Program Tier threshold. Additional tiers may become available by invitation only. Program Tiers are maintained through December 31 and expire on December 31 of the calendar year in which a member first qualified. To maintain an existing status in a Program Tier, the member must earn the requisite number of points in the next calendar year.

For example: If you enroll in the Program on August 15, 2026, you will automatically begin as and remain a Tier I member until you meet the tier threshold for a higher Program Tier. If you meet the higher Program tier threshold before December 31, 2026, you will maintain that status through December 31, 2027. If you satisfy the tier threshold during 2027 by earning a sufficient number of points, you will maintain your status in 2028. However, if you do not satisfy the tier threshold in 2027, you will downgrade on January 1, 2028 to the Program Tier corresponding to the number of points accumulated in 2027. 

All Program Tiers provide access to a variety of privileges, benefits, discounts, or bonuses to members (collectively, the “Benefits”). Little Sleepies may, in its sole discretion, alter, limit, or modify the tier rules, regulations, Benefits, eligibility, or any other feature of a particular Program Tier, or may terminate a particular Program Tier at any time, without prior notice, except as expressly set out in these Terms or required by applicable law. The following chart provides a high-level summary of each Program Tier and its respective Benefits, some of which are discussed further below (all dollar amounts are U.S. dollars):

* Points awarded based on dollar spend remain pending until return window closes (31 days).

3. Points – How to Earn, Points Expiration, Points Adjustment, Etc.  

When you are logged into your Account and make an eligible purchase online, you will earn one (1) point (each, a “Point”) for every U.S. dollar spent, rounded down to the nearest U.S. dollar as further detailed in the chart above. Points will not be awarded, and “eligible purchases” exclude returned, refunded, credited, or cancelled purchases, gift cards, as well as purchases made on or through third-party platforms, including Babylist.com, Amazon.com, or any other third-party sites or stores that may offer our products.

In addition to Points tied to eligible purchases, Little Sleepies offers additional ways to earn Points, as described below:

• Earn 5 Points for each product review. Limited to one review per month on product purchased in the last 90 days. Not valid on reviews made on the Shop App or other third party sites or stores that may offer our products. 

• Earn 15 Points for completing your Account profile. One-time Point award. Must build your family tree and provide requested information for at least one parent and child. 

• Earn 5 Points for joining Little Sleepies’ VIP Group on Facebook. One-time Point award. Subject to verification. 

• Earn 10 Points for subscribing to Little Sleepies marketing emails and/or texts. One-time Point award for each sign-up. 

• Earn 5 points for following Little Sleepies on Instagram and TikTok. One-time Point award for each sign-up. 

In the future, Little Sleepies may offer additional Points bonuses, Points boosts, and/or other ways to earn Points (together, “Bonus Points”) in its sole discretion. The way to earn Bonus Points, and the Bonus Points that can be earned, may vary. Read each offer carefully as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. We may change or withdraw an offer for Bonus Points at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. 

You can redeem your Points for a reward credit or Little Sleepies merchandise and swag, as discussed in more detail below. Points are used on a “first-in, first-out” basis, meaning that older Points will always be used first. Little Sleepies reserves the right to change the value of Points-related rewards and discounts in its sole discretion, including in connection with promotional offers. 

Points expire 365 days from the date they are earned, on a rolling basis. This means points are removed in the order they were earned, and only the portion of your balance that has reached its individual 365-day mark will expire — your remaining points stay active. Expiration of points does not affect your Tier status. As long as you maintain the spending threshold required for your Tier, you'll keep all Tier benefits — including birthday rewards and access to exclusive merchandise — regardless of your current points balance.

We reserve the right to deduct Points from your Points balance for charges that were not or do not remain eligible purchases (e.g., the eligible purchase, or a portion thereof, is cancelled, returned, refunded, or credited). We also reserve the right to adjust your Program Tier status or Points balance at any time and without notice, due to any computer or other error, technical issues experienced by Little Sleepies, machine malfunction, fraud, or other misuse of your Account. 

An eligible purchase may earn Points for only one Account. You are solely responsible for ensuring that an eligible purchase is credited towards your Account. You can review your Points balance and Account activity by logging into your Account. If Points are not issued for an eligible purchase, you may request the missing Points up to 90 days after the original transaction by contacting us at hello@littlesleepies.com. You will be asked to provide certain transaction-related information on the receipt to verify the purchase. All requests are subject to verification. Little Sleepies’ decision as to whether or not Points will be earned is final.

Points have no cash or other monetary value, are not transferable, may not be sold, resold, exchanged, or bartered, and may not be used as payment of any outstanding obligation to Little Sleepies or its affiliates. 

Points tied to an eligible purchase are automatically issued and will appear in your Account after the close of the return window. At any time, we may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, eligible purchases. Points will remain available in your Account until they are redeemed or expire, as set forth in these Terms.

You have no ownership interest in Points, and Points collected do not constitute property. Points may not be sold, purchased, brokered, bartered, transferred, or altered in any way by you. Any attempted transaction of such sort will automatically be void. Anyone engaging in such transactions will be liable for damages to us, including, but not limited to consequential damages, third-party damages, transaction costs, attorneys’ fees, and court costs. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.

All transactions involving Points are subject to review and verification by Little Sleepies. Points or discounts may be subject to taxation, for which you are solely responsible. Little Sleepies will not be responsible for any tax consequences which may flow from your Program participation or Account.

4. Benefits & Points Redemption 

Additional information can be found below about certain Program Benefits (including Points redemption): 

• Early Access: Receive early access to shop new releases when logged into your Account. 

• 15% Discount: 15% discount applies to full-price purchases only. Promo code will be displayed in the Program portal and must be applied by you during checkout. 

• Free Shipping: Free standard shipping on all orders. No minimum spend required. Discount automatically applied at checkout. 

• $5 Points Redemption: Redeem 100 Points to receive a $5 reward credit in the form of store credit. You must initiate the Points redemption process, and apply the reward credit during checkout. Rewards credits can be stacked and combined with other offers (including promo codes), unless noted on the offer or unless otherwise determined by Little Sleepies in its sole discretion. Rewards credits cannot be used to purchase gift cards or for tax or shipping costs. Rewards credits can only be used once and may not be transferred, sold, resold, exchanged, or bartered. 

• Child’s Birthday Reward: 25% off coupon will be delivered via email. Max of two birthday rewards will be provided annually. Must provide Little Sleepies with your child’s birth month and year by updating your Family Tree in your Account under profile settings. Coupon must be used in month coupon was sent. 

• Access to Exclusive Little Sleepies Merchandise and Swag: Redeem Points to purchase Little Sleepies merchandise and swag. Cost per item (in Points) is listed under ‘Shop Rewards’. Must be redeemed with a regular item for purchase in cart. All purchases from the Merch Shop are final, with no returns or exchanges.

• Access to The Vault: Receive access to The Vault, which includes exclusive styles & prints. Access to The Vault does not guarantee stock availability.  

• Customer Service Concierge: Be routed to Little Sleepies’ priority customer support queue.

• Vote on The Vault: Vote for what prints make a comeback in The Vault. Communications will be provided via email. 

5. Communications; How to Opt Out 

To receive some of the Benefits provided in this Program, you must opt in and agree to receive (1) email advertising and marketing materials and/or (2) SMS/MMS communications, and, by participating in the Program, you will automatically be subscribed to receive Program emails. If you do not wish to receive these communications, you can request that they be discontinued at any time by: (1) for Program emails, clicking “unsubscribe” in the Program emails, and for text communications, responding “STOP” directly to the short code that sent the message, or (2) updating your Account settings online.

If you do not opt in or if, at any time, you unsubscribe from our email advertising and marketing materials and/or text message communications, you can still earn and redeem Points; however, you may not be eligible to receive some of the Benefits provided in this Program.

6. Your Account

You may only have one (1) Account. Account sharing is strictly prohibited. 

You must provide and maintain accurate and current user information in connection with your Account, including first and last name, email address, address, and telephone number. You can update your Account information online or by contacting us at hello@littlesleepies.com. We are not responsible for communications lost or undelivered due to incorrect or changed email address or other contact information. Additionally, you are solely responsible for maintaining email account settings that ensure that emails from Little Sleepies are directed to your inbox and not to any Spam, Junk Mail, or Promotions folder, or alternatively, for monitoring such folders for communications from us. Electronic notices are deemed delivered when sent to the email address on file for your Account. You agree that you (i) will regularly monitor your email account and (ii) are deemed to have reviewed any email notices sent to your email address.

You can view your Program activity on your Account, including earned Points and Points balance. 

You understand that you alone are responsible for protecting the confidentiality of your username and password, as well as for any activity that occurs within your Account, whether or not authorized by you. This responsibility includes not allowing another person to use your credentials to access your Account. You understand that if this information is shared with anyone, or otherwise compromised, then all inquiries, submissions, and Points usage made via the Account will be logged under your username. Furthermore, you understand that you will be responsible for any losses or damages that may occur as a result of your failure to maintain the strict confidentiality of your username and password. If you suspect that your password has been compromised, your immediate remedy is to change it by logging into and updating your Account.

7. Changes; Termination and/or Removal from Program; Account Closure

You have the right to unenroll from the Program at any time by contacting us at hello@littlesleepies.com or clicking here and following the prompts. Upon unenrollment, your Account will be closed, your Points will automatically expire, and you will no longer have access to Program Benefits. Please note that Little Sleepies will retain a record of all unenrollment requests for compliance and recordkeeping purposes.

Little Sleepies may, in its sole discretion, terminate the Program at any time and/or alter, limit, or modify the Program rules, regulations, Benefits, eligibility, or any other feature of the Program. Little Sleepies also reserves the right to exclude individuals from the Program, modify or remove Points from an Account, and/or cancel orders that are not consistent with Little Sleepies’ policy in its sole but reasonable discretion. Further, Little Sleepies, in its sole discretion, may terminate your participation in the Program and/or close your Account without notice if continued use of your Account would violate any of these Terms or applicable law. For example, if Little Sleepies has valid reason to believe your Account is being used fraudulently, your participation in the Program will be terminated. If your participation in the Program is terminated or upon death, your Account will be closed, your Points will automatically expire, and you will no longer have Benefits. 

8. Limitation of Liability 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LITTLE SLEEPIES, NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, OR AGENTS, WILL BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM. To the fullest extent permitted by applicable law, this disclaimer applies to any damages or injury arising from the Program and your Account, including but not limited to (a) any termination of, change in, or suspension of the Program; (b) any claim relating to products purchased using any Benefits obtained through the Program; (c) any loss, damage, expense, or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Points.

Notwithstanding the foregoing, any liability that we may have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Terms.

THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE PROGRAM WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law. 

9. Disclaimer of Warranties

The Program is provided on an “as is, “as available,” and “with all faults” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, LITTLE SLEEPIES AND OUR AFFILIATES, VENDORS, PARTNERS, AND SERVICE PROVIDERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS OR SERVICES RELATED TO THE PROGRAM.  

10. Indemnification  

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Little Sleepies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, vendors, suppliers, interns, and employees harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, whether made by you, on your behalf, or by any third party arising out of, related to, or in connection with: (i) your participation in the Program, (ii) your violation of these Terms, or (iii) your violation of any applicable law or the rights of any third party, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right. You agree to promptly notify Little Sleepies and cooperate fully with Little Sleepies in the defense of any claim. Little Sleepies reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.

11. Privacy Policy & Notice of Financial Incentive and Loyalty Program 

Your information will be handled in accordance with our Privacy Policy. To review our Notice of Financial Incentive and Loyalty Program, please click here. 

12. Dispute Resolution 

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND LITTLE SLEEPIES TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND LITTLE SLEEPIES FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND LITTLE SLEEPIES AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. LITTLE SLEEPIES AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. 

THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 12(J), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS AGREEMENT.

1. Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 12 (the “Agreement”) apply to all Claims between you and Little Sleepies. A “Claim” is (i) any dispute, claim, or controversy (excluding those exceptions listed below) between you and Little Sleepies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms, or the Program, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it; (ii) any dispute, claim, or controversy that is presently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) any dispute, claim, or controversy that may arise after termination of these Terms. 

2. Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Little Sleepies or if Little Sleepies has a Claim against you, you and Little Sleepies will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Little Sleepies will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.

You will send any Claimant Notice by certified mail addressed to Little Sleepies, Attn: Legal Department, 959 Seward St, Suite 201, Los Angeles, CA 90038 or by email to ls.legal@littlesleepies.com. Little Sleepies will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Little Sleepies. The Claimant Notice sent by either party must: (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; (iii) set forth the specific relief sought; and (iv) include your handwritten signature or the handwritten signature of a Little Sleepies employee, as applicable, depending on which party is initiating the Claim. A Claimant Notice shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Claimant Notice by any other customer or Program member.

During the Informal Resolution Period and before we may commence arbitration of a dispute, we agree to meet and confer by telephone or by videoconference in a good faith effort to resolve the dispute informally (the “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate in the Informal Dispute Resolution Conference.

The party initiating the dispute agrees to provide a notice of intent to initiate the Informal Dispute Resolution Conference (“Notice of Conference”) as follows: the Notice of Conference must include the following information: your name, telephone number, mailing address, email address associated with your Account, the name, telephone number, mailing address, and email address of your counsel (if any), and whether you intend to have the conference by telephone or by videoconference. The Notice of Conference must be mailed to Little Sleepies by certified mail return receipt requested to Little Sleepies, Attn: Legal Department, 959 Seward St, Suite 201, Los Angeles, CA 90038 or by email to ls.legal@littlesleepies.com. A Notice of Conference shall be individualized such that it may only pertain to you and you alone and may not be combined with a Notice of Conference by any other customer or Program member. A customer or Program member may, but is not required to, combine in one mailing a Claimant Notice and a Notice of Conference.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Little Sleepies cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Little Sleepies file a Claim in court or proceed to arbitration without complying with the requirements in this Section 12, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section 12 to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

3. Claims Subject to Binding Arbitration. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or Little Sleepies, including any disputes in which you or Little Sleepies seek injunctive or other equitable relief for the alleged unlawful use of your or Little Sleepies’ intellectual property or other infringement of your or Little Sleepies’ intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 12(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

4. Binding Individual Arbitration. The sending of a Claimant Notice and the completion of an Informal Dispute Resolution Conference are conditions precedent to our respective right to commence arbitration. Accordingly, if, but only if, we are unable to resolve a dispute within 30 days after the Informal Dispute Resolution Conference is completed, we may commence arbitration pursuant to the procedures in this Agreement. No arbitration may commence or proceed until the requirements set forth in Sections 12(b) (above) are fully satisfied.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act (“FAA”). In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1 800-778-7879. The AAA Rules may change from time to time, and you should review them periodically.

The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.

This Agreement affects interstate commerce, and the enforceability of this Section 12 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Little Sleepies to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

We agree that, by entering into this Agreement, we are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law.

5. Arbitration Procedure and Location. You or Little Sleepies may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the AAA Rules.

Instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration by certified mail addressed to Little Sleepies, Attn: Legal Department, 959 Seward St, Suite 201, Los Angeles, CA 90038 or by email to ls.legal@littlesleepies.com. Little Sleepies will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Little Sleepies.

The arbitration will be conducted by a single arbitrator in the English language. You and Little Sleepies both agree that the arbitrator will be bound by this Agreement.

Unless the parties agree in writing, any arbitration hearings will take place in the county (or parish) of your billing address.

At either party’s election, arbitration of any dispute shall proceed pursuant to the Desk Arbitration rules of the AAA, unless both parties are represented by counsel.

Prior to the appointment of a merits arbitrator, either party may request the appointment of a process arbitrator to determine: (i) whether the conditions precedent set forth in paragraph B of this Section 12 have been satisfied; (ii) whether AAA’s filing requirements have been satisfied; (iii) the applicable arbitration agreement; (iv) the applicable AAA rules that apply; (v) the allocation of payment advances on administrative fees, arbitrator compensation, and/or expenses; (vi) any other issue agreed to be addressed by the process arbitrator; and (vii) any other issue regarding the administration of the arbitration.

If the process arbitrator makes an initial determination that the dispute is frivolous or brought in bad faith, it shall allocate all AAA and arbitrator fees and expenses to the party who initiated the arbitration. If the merits arbitrator subsequently determines that the claims were not frivolous, Little Sleepies will reimburse any AAA filing, administration, and arbitrator fees that were paid by you.

If the merits arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to AAA and, at the arbitrator’s discretion, an award of reasonable attorneys’ fees and costs.

6. Arbitration Fees. After Little Sleepies receives notice that you have commenced arbitration, Little Sleepies will promptly reimburse you for your payment of the filing fee. If you are unable to pay this fee, Little Sleepies will pay it directly upon receiving a written request from you. Except as otherwise provided for herein, Little Sleepies will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the terms of this Agreement. 

7. Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that party must pay all costs and fees—including arbitration, attorney, and expert fees—incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim. 

8. Confidentiality. If you or Little Sleepies submits a Claim to arbitration, you and Little Sleepies agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and Little Sleepies agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

9. Mass Arbitration. WE AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.

1. “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other; (ii) allege similar or identical claims or causes of action; and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other.

2. In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, we agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.

3. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, we agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.

4. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement.

5. We agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration. 

6. If any part of this Section 12(i) related to Mass Arbitration is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this Section 12(i) and this Agreement shall be enforced to the maximum extent permitted by law.

7. If the arbitration provider is unwilling or unable to follow the procedures set forth in this Section 12(i) with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable and widely-recognized arbitration organization that will agree to follow the procedures set forth in this Section 12(i). In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those disputes within the Mass Arbitration.

10. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by emailing ls.legal@littlesleepies.com. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By not opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 12.

11. Rejection of Future Arbitration Changes. You may reject any change we make to Section 12 (except address changes) by sending us notice of your rejection within 30 days of the change via email at ls.legal@littlesleepies.com. Changes to Section 12 may only be rejected as a whole, and you may not reject only certain changes to Section 12. If you reject changes made to Section 12, the most recent version of Section 12 that you have not rejected will continue to apply.

12. Severability. If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable: (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.

13. Delegation. All issues are for the arbitrator to decide including, but not limited to: (i) all issues regarding arbitrability; (ii) the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions; (iii) whether you or Little Sleepies, through litigation conduct or otherwise, waived the right to arbitrate; (iv) whether all or any part of the arbitration provision or Agreement is unenforceable, void, or voidable including, but not limited to, on grounds of unconscionability; (v) any dispute regarding the payment of arbitration-related fees; (vi) any dispute related to the Claimant Notice, Notice of Conference and/or Informal Dispute Resolution Conference; and (vii) any dispute related to Mass Arbitration (defined above).

Pursuant to this Agreement, the arbitrator has been delegated with, and possesses, exclusive authority to resolve all of the above-enumerated types of disputes. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, the court shall have the power to decide whether this agreement 

13. Limitation of Time to File Claims

Any action, claim, or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

14. Entire Agreement; Severability; Conflicts; No Waiver; Governing Law; Survival 

These Terms contain the entire agreement between you and us regarding the Program, and supersede any previous terms and conditions governing the Program we may have provided to you. The Program is not available where and to the extent prohibited by law. 

The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal, or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished by a court of law to give effect to the parties’ original intent. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality, or enforceability of any of the remaining provisions.

We will not lose our rights under these Terms because we delay or do not enforce them. All waivers of any of these Terms by us must be in a writing executed by someone with authority to bind us.

You and Little Sleepies agree that your access to and participation in the Program and these Terms, and any dispute between you and Little Sleepies relating to your access to and participation in the Program and these Terms, will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules, except for the Dispute Resolution provision in Section 12 above.

In addition to such other provisions that, by their terms, survive any termination or expiration of the Terms, the following sections shall survive termination: Introduction; Section 8 (Limitation of Liability); Section 9 (Disclaimer of Warranties); Section 10 (Indemnification); Section 12 (Dispute Resolution); and Section 14 (Entire Agreement; Severability; Conflicts; No Waiver; Governing Law; Survival).  

15. Updates to these Terms

You can review the most current version of these Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. Such modifications will become effective upon posting online.

You agree to review these Terms regularly, because your continued participation in the Program following the posting of any changes to these Terms constitutes agreement to any modified terms. If you do not agree with the revised Terms, you may cancel your Account. 

16. Contact 

If you have questions about the Program or these Terms or concerns regarding your Account activity, please contact us at hello@littlesleepies.com.