Your enrollment in the Program constitutes your agreement to the following terms, as well as to Little Sleepies’:
- Post caption MUST include @littlesleepies, #lscuddlecrew, and the monthly challenge hashtag to be eligible for rewards.
- Post must follow the seasonal challenge prompt - content must be on theme with the challenge assignment to receive rewards.
- Posts may not feature, tag or mention other brands.
- Posts may not include content with color-altering filters.
- Posts may not show or include any controversial baby-related items or baby engaging in dangerous activities (e.g. DockATot, Boppy, the Snoo, Rock N Play, amber necklaces, etc.).
- Posts must show infants or children in a safe sleep environment that aligns with current national safety recommendations for infant sleep.
- Do not use derogatory language or racial slurs.
- Do not engage in political topics or symbols.
- Post must be permanent, no deleting or archiving
- Film in high resolution with natural, bright light - avoid dark shadowing
- Must show and/or mention Little Sleepies within first 3 seconds of video
- Videos must be 15-30 seconds long
- Adult in video must either wear Little Sleepies or regular, unbranded clothing
- Do not blur out the featured product/brand through photography techniques (i.e. Portrait mode or wide open apertures).
- Posts must be in 9:16 ratio or 1080 x 1920 pixels
- Must follow the guidelines set forth in the Agreement to be approved and receive reward.
- Little Sleepies reserves the right to request that a post be deleted, if we determine, in our sole discretion, that you are not in compliance with any of the foregoing, including but not limited to, your noncompliance with the FTC Guides or failure to meet challenge guidelines. In this case, you are required to comply with the request.
- Content must be posted by due date set forth within the challenge brief.
Content Usage Rights & Whitelisting
- Creator agrees to provide Little Sleepies with access to TikTok Spark Code(s) and/or their Meta Business ID in order for Little Sleepies to leverage paid support on content. If requested, you are required to comply with the request.
The creator agrees that:
- All content will reflect the creator's honest views and experiences with the brand's products and services.
- They will at all times comply with all applicable laws, rules, regulations, and guides.
- They will not submit or post content that violates, infringes, or misappropriates any rights of any third parties.
- We have the right to end our ambassador agreement at any time.
BY ENROLLING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
- ELIGIBILITY TO PARTICIPATE IN THE PROGRAM
To participate in the Program and be eligible for Rewards, you must sign up on this page and follow all terms and conditions set forth in this Agreement. You must be a legal resident of the fifty (50) United States and at least eighteen (18) years of age or older (or the age of majority, whichever is greater) in your state of legal residence. Employees of Little Sleepies and/or any of its parent, subsidiaries, affiliates or related companies are not eligible to participate.
Enrolling in the Program allows you to earn Rewards from Little Sleepies by sharing qualifying content that tags or mentions @LittleSleepies on Instagram and/or @LittleSleepies on TikTok.
"Participant" shall mean the individual participating in the Program by displaying Little Sleepies's Products on the social media accounts owned or controlled by Participant, including but not limited to, Instagram and TikTok (individually and collectively, "Participant's Social Platform(s)"), and tagging Little Sleepies in exchange for receiving Rewards from Little Sleepies.
"Rewards" shall mean the amount Participant will receive from Little Sleepies for displaying and sharing qualifying Post(s), pursuant to the terms of this Agreement.
"Post" shall mean a post, story, tweet , video posted as a Reel via Instagram or video posted on TikTok or blog, as applicable, made by Participant on Participant's Social Platform(s), showcasing the Product and subject to the terms of this Agreement.
"Product" shall mean product available for purchase from the Little Sleepies Site. Participant is solely responsible for acquiring (by purchase, borrow or otherwise) any such Product; however, from time to time, Little Sleepies may gift Product to Participant as determined in its sole discretion.
(a) The Post: (i) must depict only Participant and no other person, unless such other person is at least eighteen (18) years of age or older (or the age of majority, whichever is greater) and a legal resident of the fifty (50) United States and Participant has obtained the consent of such person to be depicted in the Post (the "Permitted Third Party"); (ii) must depict Participant and/or the Permitted Third Party wearing Product(s); (iii)must tag and mention in captions @littlesleepies, (for example, in an Instagram Reel or TikTokPost, it must appear "above the fold" within the first three (3) lines of the post or superimposed in a story); (iv) may not mention, reference or show any brand that is competitive to Little Sleepies; (v) must not defame, misrepresent or disparage Little Sleepies, its business, products or brands, or any third party brands, products or services competitive to Little Sleepies and/or its business, products or brands; (vii) must reflect Participant's actual, honest opinions, findings, beliefs, or experiences with Little Sleepies and its business and products and will not contain any statements or representations about Company or its business and products which are not true or that is misleading or deceptive; (viii) shall be Participant's own original work, created solely by Participant, and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; and (ix) shall not contain or reference content which is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise illegal, offensive or inappropriate in any way.
- REWARDS DETERMINATION
(a) Once you earn Rewards, you will be emailed those Rewards to the email address you registered with the Program. Rewards and the criteria to qualify for Rewards may change from time to time, and Rewards may be offered on a limited basis.
(b) We reserve the right to suspend the distribution of Rewards at any time and indefinitely, if we suspect any improper activity or a potential breach of any of the terms of this Agreement by the Participant.
(c) We reserve the right to immediately cancel or withhold for later review any Rewards for any Post(s) that fail to comply with Section 3 or Section 8 of this Agreement.
(d) We reserve the right, in our discretion, to change or modify the available Rewards at any time.
- POLICIES AND PRICING
We may change our terms, policies and procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Participant may not display Little Sleepies price information on Participant's Post. We will use commercially reasonable efforts to present current and accurate information, but cannot guarantee the availability or price of any particular product.
As between Participant and Little Sleepies, Little Sleepies shall own all right, title and interest, including all Intellectual Property Rights, in and to the Little Sleepies website and this Program. For the purposes of this Agreement, "Intellectual Property Rights" means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.
- LICENSE TO USE OF POSTS AND PARTICIPANT'S IMAGE
We agree that you shall retain ownership rights to your Posts and you hereby grant us the perpetual, worldwide, royalty-free right and license to publish, copy, re-post, link to or otherwise use your Posts, your Social Platform handle, your name, and your image and likeness as depicted in a Post, in whole or in part, for any purposes in our discretion, in any and all medium, without limitation, additional compensation, notice, review or approval.
- RESPONSIBILITY FOR PARTICIPANT'S SOCIAL PLATFORM
Participant will be solely responsible for all content that appears on Participant's Social Platform. Such responsibility includes, without limitation: (i) the accuracy, timeliness and appropriateness of content posted on or to Participant's Social Platform; (ii) ensuring that posted materials do not violate or infringe upon the rights of any third party; and (iii) ensuring that posted content is not libelous or otherwise illegal.
By enrolling in the Program, you agree to be subscribed to Little Sleepies marketing emails, including but not limited to Program-related communications, at the email address registered with the Program. You may opt-out of receiving marketing emails from Little Sleepies at any time by clicking the "unsubscribe" link in the email to manage your preferences.
Participant shall defend, indemnify and hold Little Sleepies and its officers, directors and employees harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to Participant's breach of this Agreement or gross negligence.
- TERM AND TERMINATION
(a) The term of this Agreement will begin as soon as Participant enrolls into the Program and will end when terminated by either party (the "Term"). Either party may terminate this Agreement at any time, with or without cause, by giving the other party notice by email.
(b) Little Sleepies expressly reserves all rights to terminate the Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Participant notice by email.
(c) Upon termination of this Agreement, Participant shall promptly remove all Program-related content from Participant's Social Platform. Participant is only eligible to earn Rewards for Posts displayed during the Term. Any provisions that by their express terms do, or by their nature should, shall survive the termination of this Agreement.
We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Modifications may include, but are not limited to, changes in the scope of available Rewards and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Program following our posting of any modification will constitute binding acceptance of the change.
- INDEPENDENT CONTRACTOR RELATIONSHIP
For purposes of this Agreement, Participant will not be considered an agent, employee or representative of Little Sleepies and shall remain in all respects an independent contractor. You will have no authority to make or accept any offers or representations on our behalf. Participant has no authority to act for or on behalf of Little Sleepies or to bind Little Sleepies in any legal contracts.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT Little Sleepies SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO PARTICIPANT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
- DISCLAIMER OF WARRANTY
THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. Little Sleepies EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, Little Sleepies MAKES AND GIVES NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. Little Sleepies FURTHER MAKES NO REPRESENTATION THAT THE OPERATION OF THE Little Sleepies WEBSITE AND/OR THE LOUDCROWD WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.
(a) Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by email; (iii) sent by nationally recognized commercial overnight courier with written verification or receipt; or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address provided by Participant during enrollment, in the case of Participant, and the postal and/or email address, as applicable, set forth below for Little Sleepies. This provision shall not apply to Section 12, "Modifications."
(b) If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provisions.
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Little Sleepies pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the disclosure hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersede
SOCIAL MEDIA ENDORSEMENT POLICY
Purpose and Scope of Policy
Little Sleepie, LLC (“Company,” “we,” or “us”) is committed to integrity and transparency in its marketing, advertising, and promotional campaign across all platforms, including social media. We have been expanding our use of third-party endorsements across all of our social media properties to advertise our brand, products and services and as such, must ensure all such messages are truthful and not misleading in every respect. This necessarily includes our obligation to clearly communicate to the consumer when a message is one of our sponsored endorsements.
The Federal Trade Commission (FTC) has provided a wealth of guidance with respect to an advertiser’s obligation to ensure that all endorsements comply with its directives and has stepped up its enforcement actions greatly in recent years. We intend to comply with their guidance to the letter. The primary source of FTC guidance can be found in its Guides Concerning the Use of Endorsements and Testimonials in Advertising in 2009 (16 C.F.R. §§ 255.0 to 255.5) (the “Endorsement Guides”). The purpose of this Social Media Endorsement Policy is to provide you with FTC compliance guidance, including with respect to the Endorsement Guides, to avoid the harsh consequences associated with a violation by us or any of our representatives, agents, employees, or endorsers. As such, this policy applies to: (1) all entities and individuals providing promotional communications on our behalf on any of our social media or other non-traditional media platforms, including without limitation, all independent contractors, bloggers, writers, speakers, influencers, agencies, representatives, and talent (collectively, “Endorsers”); (2) all employees, representatives, agencies, and other entities or individuals managing at least one Endorser on Company’s behalf; and (3) all employees, contractors, representative, agents, and other entities or individuals who promote Company and/or its brand, product, or services on their personal social media accounts (either during or after work hours).
Sponsored Endorsers and Material Connections
Whenever we sponsor (i.e., by providing any form of remuneration or benefit) a social media message about Company, and/or our brands, products, or services, the message will be considered a sponsored endorsement covered by this policy. Our sponsorship creates a “material connection” with the individual or entity providing the promotional message; i.e., a tie to our business which, if the consumer/recipient of the message were aware of the relationship, would reasonably cause the consumer to question the speaker’s credibility and motives, thereby affecting the effectiveness of the endorsement in the first instance. A material connection is established any time we do any of the following, either directly or through a third-party agent (among other similar such activities):
- Enter into an agreement with an individual to post or blog about us, and/or our brand, products or services;
- Pay an individual to post or blog about us;
- Provide monetary compensation, free goods, free services, free samples, free sweepstakes entries, free prizes, discounts, coupons, travel to Company events, or other incentives of any kind to an individual posting or blogging about us. This includes any such provision after an individual has independently provided a favorable online post, as such actions would imply that more free goods, services, or other benefits are forthcoming if the posts continue;
- Require contest or sweepstakes entrants to post a photo of themselves using or holding one of our products as a condition of entry; or
- Hire a third-party person or entity (such as a marketing agency) to post or blog about us, and/or serve as a community manager on Company’s behalf (in which case, the agency as well as its employees could be considered sponsored endorsers depending on the circumstances).
Please note that all of our employees, contractors, and agents already have a material connection to us and as such, will definitely be considered sponsored endorsers with respect to any published commentary about us, and/or our brand, products, or services. This policy also requires all of our employees, contractors, and agents to disclose, in a clear and conspicuous manner, their relationship to us when making any Company-related promotion on social media. Sample disclosure language includes some of the following statements:
- I received free services from Company;
- I received free products from Company;
- Company provided me with free products to try and review;
- I was paid by Company to provide this review;
- I have partnered with Company to promote their services;
- I am a paid brand ambassador for Company;
- Company paid for my transportation and accommodations to attend the launch of its new product line;
- Company is providing the prize for this program to me free of charge;
- I received a discount on Company’s merchandise for making this review;
- I am an employee of Company;
- I provide paid services to Company;
- I am a friend of the COO of Company;
- I am married to the CEO of Company; or
- Conspicuous inclusion of the words “Advertisement,” “Sponsored by,” “Paid advertisement,” or “Ad,” preferably at the beginning of the statement (which includes the use of a conspicuous and unambiguous hashtag such as #ad, #sponsored, or #paid).
With respect to any social media-disseminated promotional statements and related claims about Company and/or our brands, products, or services, all sponsored endorsers must comply with the following guidelines:
- They may only make statements or claims that are honest in all respects and clearly communicate their relationship with Company (see Material Connection Disclosure, below, for more information respecting this obligation); and
- They are prohibited from:
- Making false, misleading, or unsubstantiated claims about Company’s, an affiliate of Company’s and/or any third party’s: business, brand, products, or services (particularly where such third party is a competitor of Company);
- Disclosing any of Company’s (or any affiliate of Company’s) proprietary information of any kind;
- Making any statement that can reasonably be considered defamatory, lewd, pornographic, incendiary, obscene, patently offensive, and/or infringing of any third party right, including without limitation any intellectual property, privacy, data protection, confidentiality, and/or publicity right;
- Offering to sell any of Company’s (or any affiliate of Company’s) products or services;
- Soliciting offers of goods and/or services on Company’s behalf; or
- Encouraging the listener to engage in hazardous and/or illegal activities of any kind.
Material Connection Disclosure
When posting or blogging about Company’s (or any affiliate or competitor of Company’s) business, brand, products, and/or services, all sponsored endorsers must disclose their “material connection” to Company in a clear and conspicuous manner. While specific language is not required, examples are set forth in the Section entitled Sponsored Endorsers and Material Connections, above. The communication should, in all instances, be clear, conspicuous, and effective. In other words, the disclosure should be easy to find, easy to understand, and provide enough information so that the consumer can make a reasonable decision as to the value, integrity, and objectiveness of the endorsement. With respect to conspicuousness, the following is imperative: (1) proper placement (i.e., it would be difficult to overlook); and (2) sufficient prominence (i.e., it is easy to read or hear with minimal effort). Avoid placing a disclosure: in overly small font, below the fold, amongst a string of hashtags, or in a hyperlink (such as a “disclosure” link).
Best practices include, where applicable:
- If the endorsement takes the form of a photograph (even if simply a tag without a corresponding, promotional statement), provide the disclosure adjacent to the image. Consider superimposing the material connection disclosure on the image if practically possible;
- If the endorsement takes the form of a video, ensure that the viewer has enough time to fully read and comprehend the statement;
- If the endorsement takes the form of a live stream, repeat the disclosure periodically throughout its duration;
- If the endorsement takes the form of a conversation thread or other online chat, make it the first entry in the dialogue and repeat it periodically throughout the duration of the material; and
- If an endorsement is required to be eligible to enter into a Company promotion, the promotion’s official rules must require all entrants to make this material disclosure on their applicable post. For example, the rules could require all entrants to provide a specific disclosure in the form of a hashtag that corresponds to the applicable post to qualify.
- “Likes” and other, ambiguous symbols are never sufficient to fulfill a material disclosure requirement.
What Must be Provided to Company’s Sponsored Endorsers
When we or you engage a sponsored endorser on our behalf, either directly or through a third-party agent, the endorser must execute an agreement that we or you will provide to him or her outlining the key terms of the arrangement. The agreement must with the terms of this policy in all respects. The endorser must also be provided with the following:
- A copy of this Social Media Endorsement Policy (and any other applicable policies) for his or her review and written acknowledgment. Copies are to be saved indefinitely.
- Fact sheets or other objective information about the goods and/or services in question. While this information may not, at any time, prescribe what the sponsor should say, it may include, without limitation: (1) a list of applicable claims to the extent properly substantiated; and (2) guidance outlining what the endorser is prohibited from communicating (such guidance which should expressly prohibit unsubstantiated claims or comparisons, non-personal, third-party opinions, and/or dishonest statements of any kind).
- Links to online FTC endorsement related guidelines. The endorser should be familiar with the FTC’s regulatory guidance, including: (1) the Endorsement Guides (a copy of which can be found online at the following link: https://www.ftc.gov/newsevents/media-resources/truth-advertising/advertisement-endorsements); and (2) the Endorsement Guides: What People are Asking (a copy of which can be found online at the following link: https://www.ftc.gov/tips-advice/businesscenter/guidance/ftcs-endorsement-guides-what-people-are-asking).
The Company will monitor all sponsored endorsers and their social media sites and posts on a regular basis, and violating posts will be subject to modification, removal, and/or discipline (depending on the individual and the post).
Regular Monitoring of Endorsers
Those departments and individuals tasked with the responsibility of establishing and maintaining relationships with Company endorsers must regularly monitor their postings, either directly or through a third-party engaged for this very purpose. Please provide sufficient detail for our review and understanding.
Company is required to promptly address and cure any endorser’s failure to properly disseminate his or her material connection or otherwise comply with FTC endorsement-related guidance. All known or suspected violations must be immediately reported to: Lindsay McClelland at email@example.com. Company will never take any retaliatory action of any kind against any individual providing a report pursuant to this Section. It will, however, take one or more of the following actions in its discretion: (1) modify or require the modification of, or delete or require the deletion of, the post(s) in question; (2) require the immediate inclusion of a clear and conspicuous material connection disclosure; (3) withhold payment to the endorser; (4) suspend and/or terminate/fire the endorser, preventing him or her from continuing to provide Company-related endorsements; and/or (5) provide information to law enforcement, where necessary or appropriate.
I hereby acknowledge that I have received and thoroughly reviewed a copy of this Social Media Endorsement Policy and acknowledge and agree to fully comply with all of its terms. I understand that Company reserves the right to modify, add to, or delete from these provisions at any time with or without notice to me.