Legal Terms Of Use
The terms and conditions set forth below (the "terms") govern you and your relationship
with us while on this site on the World Wide Web (the "site") and in connection with
your use of this site, and are legally binding on you. If you do not agree with any of the
terms, please do not access or otherwise use this site or any information contained on this
site. Your registration and/or your use of the site shall be deemed to be conclusive evidence
that you have read these terms, understand them, and agree to each and every one of them.
All references herein to "you", "your" or the like shall be deemed to mean
the person visiting or using this site and/or the person registering to use this site, to submit
photos or other information, or to obtain products or services from this site.
All The Cute Kid original and owned information, documents, products and services, logos,
graphics, and images (the "Materials") provided on this site are copyrighted or
trademarked and are the property of The Cute Kid, Inc. TheCuteKid.com is a service of and
a mark owned by The Cute Kid, Inc., and references to "we", "us",
"TheCuteKid", "CuteKid", "The Cute Kid, Inc.", and similar
words shall be deemed to be references to this service and/or to The Cute Kid, Inc., as
applicable to the content of the reference. Any unauthorized use of any of the Materials may
violate copyright laws, trademark laws, privacy laws and/or communications laws, and The Cute Kid intends to enforce all of its rights and privileges under such laws. Neither
TheCuteKid.com nor its parent company, The Cute Kid, claim to or imply to be directly
affiliated with the manufacturer(s), brand(s), company(s) or retailer(s) of the products listed
on this website, and in no way claim to represent or own their trademarks, logos, marketing
materials, or products. None of the companies that produce, manufacture, promote, or distribute
the products listed on this website own, endorse, or promote TheCuteKid.com or The Cute Kid
The Cute Kid, Inc. grants you the limited right to display the Materials only on your
personal computer for your personal use. You agree not to use the Materials for any other
purpose without the prior written consent of The Cute Kid, Inc. Specifically but without
limitation, you agree not to reproduce, redistribute, sell, publish, broadcast or circulate any
information contained in the Materials to anyone, including others in the same company or
organization. You may not post content from this site to news groups, mail lists, or bulletin
boards. You acknowledge and agree that, except as set forth herein, you have no right to modify,
edit, alter or enhance any of the materials in any manner. You agree not to "frame"
or "mirror" any Materials or third-party content contained on this site on any other
server or internet-based device without the advanced written permission of The Cute Kid,
Inc. or its licensors, respectively. The limited license granted to you hereby terminates
automatically, without notice to you, if you breach any of the terms hereof.
This site may be linked to other sites on the World Wide Web or Internet which are not under the
control of or maintained by The Cute Kid, Inc. Such links do not constitute an endorsement
of such other sites by The Cute Kid, Inc. and you acknowledge that The Cute Kid,
Inc. is providing these links to you only as a convenience, and you further agree that The Cute Kid is not responsible for the content of such sites or your use of such sites.
Companies and their logos featured on this site may not be affiliated with The Cute Kid,
Inc.
You agree that all photos and materials that you submit or transmit to us are owned solely by you
and that you assume total, exclusive responsibility and liability for their content and use.
You grant TheCuteKid the perpetual right to use and edit your photos on our site, as well as for
marketing purposes. You also agree that you will not upload or post any
photos or other content that is or may be threatening, profane, harassing, defamatory, unlawful,
vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable, or which may give rise to civil or criminal liability
under any applicable law. You further agree that you will fully indemnify and hold The Cute Kid harmless of, from and against any liability, loss, damages, costs and attorneys fees
that may be alleged against or incurred by The Cute Kid, Inc. as a result of any and all
claims by third parties or law authorities related in any manner to your photos and materials or
the use thereof regardless of whether or not The Cute Kid, Inc. pre-screens your content.
The Cute Kid, Inc. reserves the right to edit or remove content which violates or which
they reasonably believe violates any of the foregoing provisions or any law.
Although we attempt to monitor the accuracy and timeliness of materials or third-party content,
The Cute Kid, Inc. does not warrant the accuracy or timeliness of same. Accordingly,
you acknowledge that this site may include certain inaccuracies or typographical errors which
may affect the quality of materials and third-party content and you specifically totally release
The Cute Kid, Inc. and its agents and employees from liability for any errors and/or
omissions in the materials and third-party content, whether provided by The Cute Kid, Inc.
or any third-party.
You must be at least eighteen (18) years of age to register a valid contestant in the CuteKid
contest and you specifically represent that you are at least eighteen (18) years of age and that
you have authority to register for the contestant, to make representations for the contestant,
and to utilize this web site for the contestant.
YOU AGREE THAT The Cute Kid, Inc. SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING
THROUGH YOU FOR, AND YOU INDEMNIFY AND HOLD The Cute Kid, Inc. HARMLESS OF, FROM AND
AGAINST, ANY LIABILITY, LOSS, DAMAGE, COST AND/OR ATTORNEY'S FEES INCURRED BY The Cute Kid AS A RESULT OF YOUR DISPLAY, COPYING OR DOWNLOADING INFORMATION OR MATERIAL
CONTAINED ON THIS SITE OR YOUR USE OF THIS SITE IN ANY WAY. THE FOREGOING RELEASE,
INDEMNIFICATION AND HOLD HARMLESS PRECLUDES ANY LIABILITY BY The Cute Kid, Inc. TO YOU OR
ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS OR OTHER ECONOMIC
ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT EVEN IF The Cute Kid, Inc. HAS
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH POSSIBLE DAMAGE. IN THE EVENT THE FOREGOING
IS HELD UNENFORCEABLE IN ANY WAY, YOU AGREE THAT ANY LIABILITY THAT The Cute Kid, Inc. MAY
HAVE OR MAY BE ADJUDICATED TO HAVE SHALL BE LIMITED TO RETURN OF ANY FEES PAID TO The Cute Kid BY YOU IN CONNECTION WITH THE REGISTRATION OF A CONTESTANT OR THE USE OF THIS
SITE.
The Cute Kid, Inc. controls and operates this site from its headquarters in the United
States of America and makes no representations that the materials are appropriate or will be
available for use in international locations. If you use this site from outside the United
States of America, you are entirely responsible for compliance with applicable local laws,
including but not limited to the export and import laws of other countries in relation to the
materials and third-party content associated with this site.
There are no representations, promises or warranties other than those, if any, expressly made at
this web site. Specifically, but not by way of limitation, TheCuteKid and The Cute Kid,
Inc. and its agents and assigns, make no representations, promises or warranties of your success
or failure by submitting photos pursuant to this web site and these rules.
THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ANY
SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED BY US AND WAIVED BY YOU.
If you violate the terms of this site, The Cute Kid, Inc. reserves the right to terminate
service to you without further notice or explanation. Although The Cute Kid, Inc.'s
preferred course of action is to advise you of your violation of terms, breach or inappropriate
behavior, and to suggest corrective action, The Cute Kid, Inc. is not bound to do so and
may exercise its right to terminate at any time. Any action related to these Terms will be
governed by New York Law and controlling U.S. Law without regard to the choice or conflicts of
law provisions of any jurisdiction. You agree to the jurisdiction of the courts located in
Nassau County, New York, for the resolution of any and all disputes arising from or related to
these Terms and/or your use of the site, and you specifically waive the right to bring an action
in any other forum, and in the event you bring action in any other forum The Cute Kid,
Inc. shall have the right to have same dismissed or transferred to the contractual forum agreed
to above. The failure of The Cute Kid, Inc. to enforce any right or provision
in these Terms shall not constitute a waiver of such right or provision unless such waiver is
acknowledged and agreed to by The Cute Kid, Inc. in writing. The Terms comprises the
entire agreement between you and The Cute Kid, Inc. and supersede all prior or
contemporaneous negotiations, discussions or agreements, if any, between the parties regarding
the relationship between them. Your use of the Site, however, is subject to the additional
disclaimers and caveats that may appear throughout the site.
TheCuteKid reserves the right to disqualify any entry in the event that a contestant or
submission fails to respond to requests for documentation within thirty (30) days. Some
contests may be subject to particular rules stated on the contest page. Upon entering such
contests, you agree to those terms in addition to the general terms herein.
States require that any winnings surpassing $599 adhere to W9 requirements; otherwise, the prize may be subject to forfeiture.
REFUND POLICY:
Cute Kid of The Year Contest Entry:
The CuteKid will refund your contest entry as long as your request is received before the
contest is closed. Please note, refunds are only available for current contest, no refunds
will be provided for past contest entries.
How do I cancel my account?
Please contact our customer support, support@thecutekid.com before the contest end date for a
full refund on the current month contest.
Privacy Policy
•We have created this privacy policy in order to demonstrate our commitment to providing full
disclosure as to how we provide services and value to you and how we may utilize the information
that you furnished to us or that we obtain from you through modern technology. Your
participation through our web site in any of the services or products that are unavailable
through our web site shall be deemed to constitute your understanding and acceptance of this
privacy policy. We may modify the terms of this privacy policy from time to time, so you
should review it frequently. Each time you visit our web site or provide us with
information, you are accepting the most current terms of our privacy policy.
As in most cases of e-commerce, whenever you visit our web site your IP address and the web page
from which you came are automatically collected. Using your IP address to help us identify
you and to gather broad demographic information about you and enables us to optimize and
administer the web site for you and to diagnose problems with our site, so we utilize your IP
address for those purposes. Also as in most cases of e-commerce, our web site uses cookies
to monitor your experiences with our web site and to keep track of your purchases and other
activities. Cookies also enable us to deliver content specific to your interests, to save
your password, and, if you choose, to save other personal and financial information so you do
not have to reenter it every time you visit our web site. Most browsers will provide
assistance to enable you to disable cookies if you wish, but that may also disable your access
to certain areas of our web site, so we do not recommend that you disable cookies.
Collection and Use of Private Information
We collect the following types of Private Information about you from the following
sources:
• Identifiers -Including without limitaion your real name, account name, unique identifiers,
email address, postal address, billing address, phone number, birthdate, credit card information,
social media handle or moniker, or other similar identifiers.
• Legally Protected Characteristics -Including without limitation, your age and gender.
• Commercial Information -Including without limitation promotions, sweepstakes,
contests, and other loyalty programs you participated in.
• Internet or Other Electronic Network Activity Information -Including without
limitation, browsing history, search history, click numbers, referring/exit pages, date/time
stamps, information regarding your interaction with our site and advertisements, and your
device information. See the Sections below titled "Information Sharing" for more
information.
• Geolocation Information -Including without limitation information that can help
identify your physical location like your GPS coordinates or the approximate location of
your electronic devices.
• Audio and Visual Information -Including without limitation any images you submit
through our website for contests, sweepstakes and other promotions, and voice recordings
that you voluntarily leave on voice mailboxes or that we may collect when you call
customer services.
• Inferences Drawn About Your Preferences -Including without limitation your images
and related preferences and interests, characteristics, behaviors on and offline, purchase
patterns, and other inferences drawn from other types of information we collect from you.
• Other Categories of Personal Data that Relates to or is Reasonably Capable of
Being Associated with You -Including without limitation the messages and other content
you send us and information we collect from you if you interact with us on other
Platforms, such as Facebook, Instagram, Twitter, and other social media or interactive pages.
Information Sharing
In order to provide you with related product and service offers, we may disclose Private
Information about you with trustworthy and reputable third parties such as:
• Product-related businesses that we deem appropriate to cross-promote and create marketing
partnerships with
• Non-product related, but value oriented values and incentives we deem valuable to our
member.
• Use for identity recognition and verification
• Others
Although registration and/or the furnishing of personal information is not necessary in order to
visit our web site, if you register or wish to take advantage of the products and services that
we offer you will have to provide certain personal information. If you do submit any
information, it will or may be used/ shared as stated in this privacy policy or as otherwise
permitted by law. We may use your personal information in order to contact you for the purposes
of providing site updates through our CuteKid™ newsletter, third party products or
services we believe to be of interest to you, responding to requests for information, and
advising you of changes to our service or other matters related to the use of our web site. We
may use your provided information for any and all marketing purposes such as special offers from
partners, coupons and information that we deem relevant to you as a CuteKid™ member or for
the operation of our web site for an unlimited time period. These forms of contact may include
direct mailing, phone calling, e-mailing or text messaging or otherwise. Regardless of any of
the foregoing, we will not share your billing or credit card information with any other parties,
except in connection with such activities as may be reasonably necessary in order to process
your transactions, such as credit card servicers, receipt or support services, customer
relationship management services, order or fulfillment services, shippers and other carriers and
delivery services, and the like.
Information Security
We use reasonable security methods to contact all data that we collect and store, including but
not limited to personal information, demographic information, and financial information.
However, we cannot and do not insure that our systems are impenetrable or that data is not
intercepted while being transmitted to or from us over the Internet or by other means. In
the event we sell or transfer all or a substantial portion of our assets, then we reserve the
right to transfer to a third-party any and all data and information that we have obtained or
have stored. We also reserve the right to disclose any and all information and data that
we have obtained or have stored to appropriate law enforcement authorities if we reasonably
suspect that a user of our web site or of services or products made available through the use of
our web site is engaging in or has engaged in any illegal activity.
Email Marketing
By becoming a member of The CuteKid, you may receive emails including special offers
and promotions from The CuteKid. You may opt out from receiving CuteKid emails, by clicking
the unsubscribe button included in all of our emails.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California "Shine The Light" law, California residents may opt-out of our disclosure
of personally identifiable information to third parties for their direct marketing purposes. You
may choose to opt-out of the sharing of your personally identifiable information with third
parties for marketing purposes at any time by changing your cookie settings on your web browsers.
You can also call us at: 855-637-2253 or email us at: support@thecutekid.com. It is important
to note that this opt-out does not prohibit disclosures made for non-marketing purposes.
Under the California Consumer Protection Act of 2018 ("CCPA"), California consumers have certain
rights regarding the collection and use of their personally identifiable information by The CuteKid.
Since the implementing regulations of the CCPA are not yet final and there remain differing
interpretations of the law, we may from time-to-time update information in this and other notices
regarding our data practices and California consumers’ rights, modify our methods for responding to
California consumers’ requests, and/or supplement our response to California consumers’ requests, as
we continue to develop our compliance program to reflect the evolution of the CCPA and our understanding
of how it relates to our data practices.
For more information regarding the information described below, please see the following Sections:
• The categories of personally identifiable information The CuteKid collects from consumers
in the preceding 12 months (each a "Category of PI") - See "Collection and Use of Private Information"
• The categories of sources from which each Category of PI may be collected from. - See
"Collection and Use of Private Information"
• The business or commercial purposes for which each Category of PI may be collected
for. - See "Collection and Use of Private Information"
• The categories of third parties with whom The CuteKid may share each Category of
PI. - See "Information Sharing"
California consumers have the right to request to know what personally identifiable information
has been collected, used and disclosed about them within the past 12 months of the date of their
verified request, and to access that information. California consumers may also request deletion
of their personal information, though exceptions under the CCPA may allow The CuteKid to retain
and use certain personally identifiable information notwithstanding their deletion request.
California consumers have the right to request to know what personally identifiable information has
been collected, used and disclosed about them within the past 12 months of the date of their verified
request, and to access that information. California consumers may also request deletion of their personal
information, though exceptions under the CCPA may allow The CuteKid to retain and use certain personally
identifiable information notwithstanding their deletion request.
The CuteKid may sell your personally identifiable information to third parties who may provide you with
offers or promotions that may be valuable or relevant to you. You may opt out of the sale of your information
by visiting Cutekid sale opt out. We will make commercially reasonable attempts to stop the sale of your
information immediately following your request. If you choose to submit your information on our site following
a request to opt out of the sale of your information, the information you have submitted will be subject to
sale again, unless another opt out request is made.
If you are a California consumer, you may exercise any of your rights described in this section by contacting
us via the methods listed under "HOW TO CONTACT US" below.
We will take reasonable steps to verify your identity before responding to a request, which may require you
to provide (a) your name and email address, (b) verification of ownership of your email address and (c) a
statement that you "declare under penalty of perjury that you are the person about whom the Right to Know/Delete
request has been made."
You are also permitted to designate an authorized agent to submit certain requests on your behalf. For an authorized
agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or
a power of attorney. We may also follow up with you to verify your identity according to the above method before processing
the authorized agent’s request.
If we cannot successfully verify you according to the above methods, then we will not be able to comply with your request.
Back to Table of Contents
YOUR NEVADA PRIVACY RIGHTS
Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt-out of the sale of certain
information that the website operator may collect about them. You may opt out by submitting a request here: Cutekid sale opt out.
If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact
us via the methods listed under "HOW TO CONTACT US" below.
HOW TO CONTACT US
If you have any questions about this Privacy Policy, you can contact us at:
privacy@thecutekid.com
Transfor Digital Media Marketing
22700 Savi Ranch Parkway
Yorba Linda, CA 92887
Attn: General Manager
Your Acceptance of These Terms
By using this site and providing us with your information, you agree to TheCuteKid.com
Privacy Policy and all of the Terms set forth in this document. If you do not agree to
this policy and the terms, you are not granted the license to use this site or any of the
services or products provided and please do not use our site. We reserve the right, at our
discretion, to change, modify, add, or remove portions of this policy or these terms at any
time. Please check this page frequently for changes. Your continued use of the
TheCuteKid.com site means you accept those changes in effect as of the date and time of your
latest usage. You can e-mail us with any further questions you may have at
support@thecutekid.com (e-mail Subject: Privacy Please)
VOID WHERE PROHIBITED AND/OR RESTRICTED BY LAW- all participants in or outside The
United States must comply with their local laws.
IF YOU ARE IN THE UK OR EU, WE ADVISE YOU NOT TO USE OUR WEBSITE, AS IT IS NOT DESIGNED FOR USE IN THOSE REGIONS.
Last modification date of these terms and privacy policy is March 13, 2020.