The Program is part of T.J.Maxx’s Maxx You Project. The mission of the Program is to connect women to other women, fostering communication through a traditional and/or digital pen pal program to help support and celebrate individual change journeys. In doing so, we hope to create a stronger and more supportive community during times of change for us all. To achieve this mission we are providing a sign up questionnaire, pen pal matching services, and materials and methods designed to facilitate your communication with your pen pal. We may use a service provider to assist us in managing and/or administering the Program.
terms and conditions
the change exchange
The T.J.Maxx Change Exchange (the “Program”) is a correspondence and communication program provided by T.J.Maxx, a retail store brand owned and operated by The TJX Companies, Inc. and its subsidiaries (“T.J.Maxx”) and administered by Daniel J. Edelman, Inc. (the “Administrator”) These general Terms & Conditions (“Terms”) apply to the operation of the Program. We ask that you please review these Terms carefully prior to participating in the Program. There is no purchase necessary to participate in the Program.
The Program begins on August 18, 2021 and ends on September 20, 2021. You must be over 18 years of age and a legal resident of the United States to participate in the Program. By agreeing to participate, you represent that you are over 18 years of age (or older where age of majority > 18, e.g. in DE, MS and NE), a legal resident of the United States and that you agree to these Terms.
- Purpose of the Program
- Program Guidelines
The Program will connect you with other participants who have agreed to interact. It is therefore important that everyone involved in the Program understand certain guidelines regarding participation in the Program.
- Remember Program Goals. The primary purpose of the Program is to connect with other participants we believe you would be interested in based on the information you have provided to us so that you can share experiences. We want you to use the Program to encourage, inspire and lift each other up.
- Be Kind, Courteous and Positive. The purpose of the Program is to uplift and inspire. While sometimes we all need to vent some frustration, comments/content meant to harass, threaten, attack or shame or are defamatory toward any person/people, entity, belief or symbol are inappropriate for the Program, and may result in your participation being terminated.
- Respect Everyone’s Privacy. Please do not ask for or share your/anyone's personal information - ex: full name, email addresses, phone number, mailing address, health details, social media handles, or other information that in the aggregate could allow you to be identifiable. Please do not publicize any communications you receive as part of the Program.
- Not Commercial. Yes, T.J.Maxx is a business, but the Program is not intended to be used for commercial purposes. Please do not use the Program to promote products or commercial services--whether yours or someone else’s. There is nothing wrong with using the Program to discuss and share information about non-commercial programs or non-profits, such as women-centric programs.
- Not Illegal, Not Hateful. The Program is not the place to communicate about or promote illegal activities or any activity that is hateful to any gender, race, ethnic group or sexual orientation. Any content of this nature may result in your participation being terminated.
We reserve the right to review any communication in the Program to ensure that these Program content guidelines are followed, however, we have no obligation to review every communication. This could delay delivery of your Program communications. While you should have no expectation of privacy with respect to your communications, we will not publicize your communications without your separate written approval. Unlawful conduct or harassment of participants in the Program may be reported to law enforcement. While we do not control the actions of all participants, as you can see above, we are requiring all participants to abide by the same guidelines.
- Requests for Additional Information or Documentation
T.J.Maxx or Administrator may request additional information from you in order to authenticate your identity for participation in the Program. You agree to provide such additional information upon request of T.J.Maxx or Administrator. In the event that you may be considered for matching with a celebrity pen pal, T.J.Maxx or Administrator may require that you agree to additional background screening and the execution of an express consent to such screening and/or additional documentation in order to communicate with the celebrity.
- Possibility to Match with Celebrity Pen Pal
As noted above, it is possible (the likelihood of which will depend upon how many people sign up for the Program--there is only one celebrity participating in the Program) that you may be randomly selected to communicate with a celebrity. In that event, we reserve the right to request additional information from you or ask that you consent to additional screening or a background check in order to match you with the celebrity as a pen pal. Odds of being selected will depend on the number of people sign up for the Program. You may also be asked to sign a non-disclosure agreement or other agreement regarding your participation, requiring, among other things, that you will not publicly share your selection to communicate or your communications with the celebrity and that you will cease communications with the celebrity upon conclusion of the Program unless the celebrity agrees otherwise. Any matching between a celebrity and you is in our and the celebrity’s sole discretion. There is no guarantee that any pen pal communications will continue, and if you agree to communicate with the celebrity you will not receive more than two (2) communications from the celebrity as part of the Program. Communications to and from the celebrity may be reviewed and/or written by others and not solely by the celebrity. The ability to communicate with the celebrity is subject to celebrity availability or other change and has no commercial or retail value.
By participating in Program, you agree that T.J.Maxx, the Administrator, their respective, parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") are not responsible for the operation of the Program, including: (1) any incorrect or inaccurate information whether created by a participant, any of the Released Parties or third parties; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in communications or other equipment or media; (3) unauthorized human intervention in any part of the Program; (4) technical or human error which may occur in the administration of the Program; or (5) any injury or damage (physical or emotional) to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Program. REMINDER: THE PROGRAM WILL INVOLVE INTERACTION AMONG PARTICIPANTS. NONE OF THE RELEASED PARTIES ARE IN ANY WAY RESPONSIBLE FOR ANY INTERACTION BETWEEN ANY OF THE PARTICIPANTS DURING OR AS A RESULT OF THE PROGRAM. TJX AND ADMINISTRATOR SPECIFICALLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PROGRAM, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
While T.J.Maxx or Administrator may review Program content, T.J.Maxx does not control or endorse the content, messages or information provided as part of the Program, and therefore, T.J.Maxx specifically disclaims any liability with regard to the services and the contents thereof.
You hereby agree to indemnify and hold harmless T.J.Maxx and the Released Parties from any and all claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising as a result of your participation in the Program or your violation of the Terms. In the event of any claim, T.J.Maxx and/or the Released Party shall have the right to defend and settle any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof and shall not settle any such claim without the prior written consent of T.J.Maxx or the applicable Released Party.
In the event you believe a participant is violating the Terms or otherwise misusing the Program, please contact us at: firstname.lastname@example.org.
T.J.Maxx reserves the right to terminate the Program, or any individual’s ability to participate in the Program in its sole discretion at any time without notice for any reason whatsoever. Unlawful conduct or harassment of participants in the Program may be reported to law enforcement.
By signing up for this program, you agree to receive two type of email communications from T.J.Maxx and Administrator to your given email address:
- Automated emails regarding your participation in the Change Exchange program (ie: an email notifying you of your match, an email notifying you when you have received a digital message within the platform, reminders to participate in the program).
- Programming emails that provide additional information around writing workshops, writing prompts and other ways to interact with the Change Exchange program.
- Modification of Terms
T.J.Maxx reserves the right to make changes in these Terms at any time, in its sole discretion, without notice.
- Governing Law and Venue
These Terms are governed by and shall be construed in accordance with the laws of the State of Delaware. Any action or proceeding arising out of or related to the Terms must be brought in the state or federal courts of Massachusetts and you consent to the exclusive personal jurisdiction of such courts.
- Arbitration Agreement & Waiver Of Certain Rights
You and T.J.Maxx agree that we will resolve any disputes between us relating to the Program through binding and final arbitration instead of through court proceedings. You and T.J.Maxx hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and T.J.Maxx and/or a Released Party relating to these Terms or the Program (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, T.J.Maxx will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or T.J.Maxx from seeking action by federal, state, or local government agencies. You and T.J.Maxx also have the right to bring qualifying claims in small claims court. In addition, you and T.J.Maxx retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor T.J.Maxx may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or T.J.Maxx’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
Under no circumstances or any theories of liability will T.J.Maxx or any of the Released Parties be liable for damages of any kind occurring from the use or performance of the Program including direct, indirect, consequential, incidental, or punitive damages (even if T.J.Maxx or a Released Party has been advised of the possibility of such damages). If you are dissatisfied with the Program or these Terms, we ask that you notify us at the address below and cease your participation in the Program. Your sole and exclusive remedy for a violation of these Terms is to discontinue your participation in the Program.
If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This section of the Terms will survive the termination of your participation in the Program and/or relationship with T.J.Maxx.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR T.J.MAXX WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.