TERMS AND CONDITIONS OF THE LEGO® VIP PROGRAM
TERMS AND CONDITIONS OF THE LEGO® VIP PROGRAM
If you want to become a VIP member, you must agree to be bound by these LEGO® VIP Program Terms and Conditions (“Terms and Conditions”). Please read these Terms and Conditions carefully before you submit to us your application to become a member of the LEGO VIP Program (‘Programme’). If you are a United States resident, please review the arbitration agreement and class action waiver described below. The Programme covers the incentives and rewards schemes described in these Terms and Conditions. The Terms and Conditions tell you who we are, how we will provide the Programme to you, how you or we may change or end the contract that these Terms and Conditions constitute between us and other important information. If you think that there is a mistake in these Terms and Conditions [or require any changes], please contact us via our customer service to discuss. By participating in the Programme, you unconditionally accept and agree to comply with these Terms and Conditions.
The Programme is a loyalty and rewards member programme owned and operated by LEGO System A/S, Aastvej 1, DK-7190 Billund, Denmark, Central business registration number 47458714 (‘LEGO Group’ or ‘we’). LEGO System A/S is part of the LEGO Group of companies. Read more about us here. When we refer to the LEGO Group in these Terms and Conditions, this automatically includes a reference to LEGO System A/S as well.
We will refer to you in these Terms and Conditions as ‘you’ or the ‘Member’.
If you need to contact us, you can do so by writing to:
LEGO System A/S, Aastvej 1, DK-7190 Billund, Denmark.
You can contact our customer service by telephone at 00 800 5346 555 (opening hours are Monday – Friday from 9 am–5 pm GMT) or by writing to shoptermsandconditions@LEGO.com.
LEGO Group may, at its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Programme, in whole or in part (including any Rewards and/or Points, all as defined below), provided such changes do not create a significant negative change in value of the Members Points at the time of the change. In the case of a significant negative change in the value of the Members Points, the Members shall be given 2 months prior notice of such changes via email sent to the email registered to their VIP Account at the time.
These Terms and Conditions and any alterations shall be considered approved when you use your VIP card to earn or redeem Points, orders or uses in any way a Reward or benefit offered under the Programme, or if you have sent us no written protest registered within 30 days of notification. If you cannot accept the Programme alterations, you can terminate your membership by deleting your VIP Account.
In order to give you the best options to earn and spend Points, a number of LEGO® Certified Store partners (‘LCS stores’) operated by our licensees around the world offer the opportunity for you to earn and redeem Points in their physical stores as well as allow prospective members to initiate the sign-up process in those stores. A full list of participating LCS stores can be found here and will be updated from time to time as LCS stores are added or withdrawn.
Furthermore, all LEGO Group owned LEGO Stores around the world participate in the Programme and likewise our online shop available at www.LEGO.com. You can find a list of our participating LEGO-owned stores here.
Finally, you can earn Points in participating LEGOLAND® Parks stores and LEGO® Discovery Center stores. You can find a list of participating stores here.
Persons eligible for membership are limited to those natural persons who are at least eighteen (18) years of age and who are residents in a country in which the Programme is offered. The Programme is provided to natural persons only. Corporations, associations or other groups or legal entities may not participate in the Programme. You can find the list of countries in which the Programme is offered here. The residence is deemed the actual physical home (domicile: e.g. principal residence) of the Member. Details of the person and the residence must be submitted accurately and truthfully and, upon request, proof must be provided to LEGO Group or the LEGO Group entity or the LCS store operator where sign-up takes place.
The granting of membership to the Programme to eligible persons is LEGO Group’s decision. LEGO Group may refuse admission to any person who does not meet the requirements pertaining to the Programme. LEGO Group is not required to provide any reason in case of denial of membership.
A Member may only submit one application for membership and the Member may have only one VIP Account in the Member’s legal name. In the case of duplicate accounts, the account with the lowest amount of Points will be cancelled and all Points accumulated on that account will be transferred into the other account.
It is fraudulent for any individual or company, association or group to direct, encourage or allow individuals to use a single VIP Account or LEGO Account (as defined later) for the purpose of accumulating Points or Rewards for combined use.
All Points and subsequent Rewards must be gained, earned and used in accordance with the rules and guidelines in these General Terms and Conditions. LEGO Group has the final authority to decide whether an activity qualifies for Points and/or Rewards.
LEGO Group will not collect personally identifiable information from any person who is known to LEGO Group to be a child or a young person under the age of 18.
Points will not be awarded on fraudulent or refunded/cancelled transactions.
Loss, theft or damage of the VIP Card must be reported immediately to the Customer Service Centre. Upon the Member's notification of a lost, stolen or damaged Card, the Card will be replaced/reissued (please note that LEGO Group is planning to phase out issuing physical cards in accordance with the ‘Our Planet’ commitment over the coming years). LEGO Group is not liable for any fraudulent use of the VIP Card or failure of the Member to comply with the contents of this provision, except where caused by LEGO Group’s wilful misconduct or gross negligence.
The sale, purchase, brokerage, resale, barter or exchange of Points or Rewards for any compensation is prohibited. Violators, including any Member who uses a purchased or bartered Points or Rewards, shall be liable for damages and litigation costs. Points and Rewards have no cash value and can never be exchanged for cash or gift cards.
A person can sign up to become a member of the Programme in the following ways:
a) signing up in a LEGO Store (find a local participating store here) or by calling Customer Service on 00 800 5346 555 and subsequently by means of an email link issued during in-store sign-up confirming the membership by creating a LEGO Account and registering the VIP Card number online. The membership registration process will not be completed until a LEGO Account has been created and the VIP Card has been registered to the account;
b) signing up at shop.LEGO.com/VIP and creating a LEGO Account.
A Member will need to provide the following information when signing up:
- Name of the member (first and last name)
- Valid email address
- Date of birth
- Country & region of residence
Each Member is solely responsible for maintaining the confidentiality of their access credentials and other account information and will be solely liable for any and all activities under their account, except if caused by LEGO Group’s wilful misconduct or gross negligence. The Member shall be responsible for keeping all account information up to date. The Member agrees to notify LEGO Costumer Service immediately of any unauthorised use of the Member’s account or any other breach of security.
Membership starts when a VIP Account is opened upon completion of the registration process. If the applicant is already a member of the Programme, a new application for opening another VIP Account is invalid, i.e. only one account may be opened and maintained per person.
The VIP Account is an account where Points earned by a Member under the Programme are accumulated and may be utilised for purchases and for purposes as expressly specified in the Terms and Conditions.
LEGO VIP Card
Once the member has registered their VIP Account, an electronic VIP Card will be issued and can be accessed via the Apple Passport App or Google Pay. If requested by the Member, a physical VIP Card will be sent to the Member, however in line with LEGO Group’s planet promise, this service will be phased out overall in the coming years, as the VIP Cards and LEGO Group may at some point decide to no longer issue or reissue physical cards.
Members’ LEGO Account (‘LEGO ID’) is used for personal identification, e. g. when requesting Rewards and checking their online VIP Account and accessing their VIP Account redemption centre. A LEGO Account and, with that, a LEGO ID is required for participation in the Programme. The Member shall be responsible for avoiding misuse of their LEGO ID by ensuring that no unauthorised third party has access to their LEGO Account. In cases of suspected misuse of the LEGO ID, LEGO Customer Service must be notified immediately.
LEGO Group reserves the right to make special Rewards or promotional offers or activities available to groups of Members based on their Programme activity, including, but not limited to, Points status and history, country of residence, shopper history/product preferences and Rewards history. The terms and conditions for such special Rewards or promotional offers/activities, hereunder as an example, the nature, scope, duration and availability of such special Rewards or promotional offer/activities will follow with the offer/activity and may differ from time to time.
The Programme allows Members to accumulate and redeem loyalty rewards points (‘Points’) for use towards ‘Rewards’ (as defined below), on an individual basis and solely for their own account. The Programme may be structured to offer certain benefits based on the Member's current balance of ‘redeemable’ Points (that is, Points that have not previously been redeemed) or ‘Programme’ Points (that is, all prior non-expired Points accumulated by the Member, whether previously redeemed or not). LEGO Group reserves the right to suspend, terminate, revalue or modify, without liability or notice to Members, all or part of this internal Points or Rewards value structure and offers as well as any merchandise or service. From time to time, LEGO Group may offer benefits or privileges to Members in exchange for redemption of a specified number of Member Points and/ or as a result of a specifically defined action undertaken by the Member (‘Rewards’). Rewards can include (but shall not be limited to): a discount when purchasing a LEGO products on LEGO.com or participating LEGO Stores, LCS stores, LEGOLAND stores, and LEGO Discovery Center stores, a digital image download of LEGO® products, which would be available immediately or sent to the email address on file, voucher codes for discounts or merchandise redeemable on LEGO.com or third-party websites, e.g. towards tickets for participating LEGOLAND parks. There will at all times be a list of Rewards offered for redemption and the relevant terms and conditions available at the Member’s VIP redemption centre page. The nature of those Rewards, and the number of Points or the actions required to obtain such benefits or privileges, shall be established by LEGO Group at its sole discretion, may change at any time or from time to time, may be available for limited times, and are subject to change. There may be a limited number of particular Rewards available, and those Rewards will be delivered on a first-come, first-served basis. LEGO Group reserves the right to modify, amend or revise the Rewards available. Members may not rely on continued Reward availability. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by LEGO Group or its designee or the third-party business partner supplying the Reward. Rewards are non-assignable and non-transferable and may not be bartered or sold. Any Rewards assigned, transferred, bartered or sold in violation of these Terms may be confiscated or cancelled. A pattern of redeeming Points for Rewards preceded or followed by changing the address for the applicable Programme account may be viewed as redemption fraud and could result in the termination of membership in the Programme. LEGO Group reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Programme materials are for illustrative purposes only. The actual Reward may differ from the Reward pictured.
The basis of calculation for the Programme is Points that are credited to the Member’s VIP Account. The method for calculating the Points is the same globally, but the amount of Points that a Member may earn on the purchase of a particular product will differ from country to country as the price will be different. The Points and Awards allotment principles can be found here and will be updated from time to time.
Points can be used only for the purposes expressly specified in these Terms & Conditions or as specifically set out in the terms and conditions for a Reward or promotional offers or activities from time to time. Points have no cash value; Points may be accumulated to earn Members a discount on qualifying purchases or to use on Rewards available in the redemption centre.
Members can start earning Points after membership commences. Points may only be credited to the member’s individual VIP Account for purchases or activities the member personally made/activities the Member has personally undertaken, unless otherwise is specifically stated in these Terms and Conditions or in terms and conditions pertaining to specific offers or activities or promotions made by LEGO Group. The Points will be added to the VIP Account at the time of payment. Please note that when purchasing over the phone or online, payment occurs when the qualifying order is shipped. It may take up to 24 hours after payment before the earned Points appear in the VIP Account/are available in the redemption centre for use.
Points may be earned for a qualifying purchase of a LEGO® product in a LEGO Store, shop.LEGO.com or in a participating LCS store as well as in stores at LEGOLAND® Parks and LEGOLAND® Discovery Centers. Qualifying purchases are defined as any service or merchandise available for purchase, excluding gift cards. Members may also earn Points in other ways as specifically communicated by LEGO Group in emails or online postings from time to time. LEGO Group may also, at its sole and absolute discretion, award ‘bonus’ Points for certain actions (such as early enrolment or frequent activity). Additional rules and restrictions may apply to such bonus point promotions.
To earn Points in a LEGO Store or in participating LCS stores, the Member must provide the VIP Card at the time of the purchase. To earn Points for online purchases on LEGO.com, the Member must sign in to their LEGO Account (its LEGO ID) before making the purchase.
To earn Points for telephone purchases, the Member’s VIP membership must be registered and the Member must provide the VIP Card number when placing the order over the phone.
Points are not valid unless earned in strict compliance with the requirements as established and as intended by LEGO Group, and the Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
LEGO Group reserves the right to deduct or reduce the Points from the account of any Member who has acquired Points unduly.
Applicable postage/delivery charges are excluded for Point earnings. In certain countries (for example, the United States of America and Canada), taxes are separate from the purchase prices and are therefore excluded for earning of Points.
While Points cannot be used to purchase gift cards, Points may be earned on the qualifying purchases made with a valid gift card.
LEGO Group is not a party to any agreement entered into between you and an LCS store operator and LEGO Group has no responsibility for goods or services delivered by such LCS store operator. The LCS store operator shall remain solely responsible as the seller in relation to the goods or services delivered by the LCS store operator in questions.
As further stated below under ‘Third-party sites and services’, LEGO Group is not responsible for Rewards delivered by a third party.
Other loyalty programmes
The LCS store operators may have or participate in similar customer programmes. Membership in the Programme does not confer any rights or benefits in such other programmes of any LCS store operators or their affiliates.
General provisions for redeeming Points
Points may be redeemed in our redemption centre for Rewards or in eligible LEGO Stores, LCS stores or on LEGO.com. Conversion and payment of Points into cash or gift cards is not possible. While a member can earn Points in all eligible LEGO Stores, LCS stores or on LEGO.com, the Points may only be redeemed in the Member’s country of residence.
It is not possible to redeem Points in the same transaction in which they are earned unless otherwise specifically stated in the terms and conditions of an offer or promotion made by LEGO Group.
Points may only be redeemed in the countries in which the Programme is available. You can find a list of those countries here as well as the Point value per participating country as updated from time to time by us. The Points value will be calculated using the Points value for that country. Please note that LEGO Group considers it a misuse of the Programme for a Member to seek to manipulate the Programme to the Member’s advantage by earning Points in one country and redeeming them, or shipping purchases made by redeeming them, to a different country. Occasional purchases such as this are permissible, but a pattern of such activity may result in termination of the Member’s VIP Account and deletion of their Points.
Extra Points cannot be purchased in this Programme.
If a product is returned for refund, any Points earned or redeemed for the purchase will be handled in accordance with the return policies of the LEGO Store or LCS store from with the Member made the purchase, e.g. via an instore credit or a voucher. For purchases made on LEGO.com a voucher code will be issued for redeemed points to use towards another purchase. If Points have been used for a Reward such Reward cannot be returned and redeemed Points cannot be reinstated unless otherwise allowed under the terms and conditions for the Reward.
If Points are credited to the Members VIP Account by mistake, LEGO Group reserves the right to cancel or remove such Points with has been issued to the Members account by mistake. LEGO Group will not tolerate deliberate or knowing misuse of such error by the Member and such misuse may lead to immediate termination of the Member’s membership and with that loss of all earned Points as well as a ban from future membership of the Program.
Consequences of misuse
In the case of an improper use for which the Member is responsible, LEGO Group retains the right to terminate the membership or withdraw Points or Rewards, refuse to issue Points or a Reward or refuse to accept the redemption of Points or a Reward.
Expiration of Points
Personal data, data privacy and audit
Personal data, data privacy and audit
LEGO System A/S collects, retains and processes personal data about you in accordance with all applicable data protection laws, including the General Data Protection Regulation and applicable national, data protection legislation.
LEGO System A/S may disclose your personal data and/or make it available to other members of the LEGO Group, LCS store operators, our suppliers and/or service providers in connection with the general operation of the Programme, e.g. maintenance of the Programme, analysis tasks, marketing tasks, etc. Furthermore, LEGO System A/S may process your personal data in a de-identified, aggregated, pseudonymised or anonymised form for the purposes of management, further development and marketing of the Programme.
Please note that some Rewards or promotions or offers are delivered and operated by independent third parties to the LEGO Group and may be subject to separate privacy conditions and may ask for separate consent of use of your personal information. LEGO Group will inform you that you are leaving the LEGO platform/website. Please make sure that you read those terms and conditions carefully before agreeing. Likewise, the sharing of content on social media platforms will require you to agree to the terms and conditions of such platforms. LEGO Group shall not be held liable for the processing by any such third parties of your personal information.
LEGO Group reserves the right to audit any and all accounts in the Programme at any time and without notice to the Member to ensure compliance with the Programme rules.
In the event that an audit reveals discrepancies or violations, the processing and/or use of points or Rewards may be delayed by us until the discrepancies or violations are resolved to our reasonable satisfaction. During such audit and until the result of such audit is available, Members may be prohibited from redeeming Points and using Rewards, services or benefits associated with the Programme as determined solely by us.
LEGO Group also reserves the right to exchange information with our LEGO Group entities, LCS store partners, trusted partners and service providers or their agents for auditing purposes.
Liability and limitation of liability (applicable to non-German Members)
Neither LEGO Group, the LEGO Group entities nor LCS store operators shall be liable for any loss, expense (including, without limitation, lawyers’ fees), accident or inconvenience that may arise in connection with the use of Points or Rewards or as a result of any defect or failure of Rewards ordered from Partners, save to the extent in which such damage or loss arises out of our wilful misconduct or gross negligence, except as otherwise provided by applicable laws. Nothing in this
Agreement shall restrict LEGO Group’s liability pursuant to applicable law.
Lost, stolen or expired Points or Rewards shall not be refunded, replaced or extended.
Except as otherwise provided above and subject to applicable laws, LEGO Group shall not be liable for any loss or damage resulting from the termination of, or the change in the Programme. No damage claims against LEGO Group by Members may be filed as a result of legally required or recommended country-specific alterations.If LEGO Group under these Terms and Conditions or under applicable laws are deemed liable, the Members exclusive remedy shall be the reinstatement of lost Points or Rewards (latter, if available, or such other reasonable, alternative and comparable benefits as determined by LEGO Group).
Any further liability for loss or damage is excluded, with the exception of claims not allowed to be excluded under applicable laws.
The Programme and/or any Rewards are void where prohibited by law. Laws applicable in certain countries may impose restrictions on the conditions governing implementation or membership in the Programme. Due to local laws and regulations, LEGO Group may not be able to make available the Programme or parts thereof in certain countries or to certain individuals. LEGO Group shall not be liable when complying with such local laws and accordingly reserves the right to terminate a Member’s participation in the Programme and to cancel Points or Rewards that such Member may have accumulated. If a Reward becomes unavailable, LEGO Group may substitute a benefit of equal or greater value. Programme Point or Rewards are not redeemable for cash or gift cards.
The Member is liable for any claims from third parties, including tax authorities, arising from membership in the Programme, its Points and or Rewards.
Liability and limitation of liability (applicable to German Members only)
LEGO Group is liable for intent and gross negligence. Further, LEGO Group is liable for the negligent breach of obligations whose fulfilment is essential to enable the ordinary implementation of the contract in accordance with these Terms and Conditions, whose breach jeopardises the achievement of the purpose of the contract in accordance with these Terms and Conditions and on whose compliance you may rely on regularly. In the latter case, LEGO Group is only liable for the foreseeable, typical contractual damage. LEGO Group is not liable for slight negligent breach of other obligations than those mentioned above.
The aforementioned exclusions of liability do not apply in case of damage to life, body and health. The liability pursuant to the product liability law remains unaffected.
PROGRAMME MALFUNCTIONS AND CONDUCT
PROGRAMME MALFUNCTIONS AND CONDUCT
LEGO Group is not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites or other connections; or for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate collection of information, or the failure to collect any information. In addition, LEGO Group is not responsible or liable for any computer, programming, printer errors or for the issuance of any unintended Points or Rewards. Under no circumstances shall LEGO Group be liable for, and you expressly release LEGO Group from any claims as to the issuance of, any unintended Points or Rewards. If, for any reason, the Programme is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of LEGO Group which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Programme, LEGO Group reserves the right in its sole discretion to cancel, terminate, modify or suspend the Programme or otherwise respond to the circumstances as LEGO Group deems appropriate. In the event that LEGO Group is prevented from continuing with the Programme as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made health epidemics or other forms, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within LEGO Group’s control (each a ‘Force Majeure’ event or occurrence), LEGO Group shall have the right to modify, suspend or terminate the Programme, in whole or in part.
Any attempts by you to access the Programme via a bot script or other brute-force attack shall result in you becoming ineligible to participate in the Programme. LEGO Group, at its sole discretion, reserves the right to disqualify and terminate participation of anyone found to be (i) tampering with the operation of the Programme (ii) acting in violation of these Programme Terms, the LEGO Terms of Service or any other incorporated terms (iii) acting in an unethical or disruptive manner (iv) acting with intent to annoy, abuse, threaten or harass LEGO Group, its representatives or any other person in any manner related to the Programme (v) or tampering with, altering or attempting to alter Points standings, (vi) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Points, or (vii) colluding or attempting to collude with one or more Programme account holders to gain an unfair advantage by sharing knowledge or other information in order to earn Points.
Termination by you
You may terminate or cancel your VIP membership at any time by either:
- Contact LEGO Group via Customer Service either via phone or email/Customer Service web page. When contacting Customer Service, you will be asked security questions relating to your VIP Account to verify that you are the owner of the VIP Account;
Please note that, when you terminate or cancel your VIP Account, your points will be deleted. Your Account will be deleted in accordance with our data retention policy.
Termination by us
LEGO Group reserves the right to terminate the Programme and, with it, your membership with 2 (two) months prior written notice provided by email to the email address registered with your VIP Account.
LEGO Group also reserves the right to terminate your membership immediately upon notification sent to the email address registered with your VIP Account in the event that you breach your obligations under these Terms and Conditions. We reserve the right not to give you the opportunity to remedy this breach if the breach is due to your misuse of the Programme as stipulated in these Terms and Conditions. Nothing contained in these Terms and Conditions shall limit LEGO Group in its exercise of any legal or equitable rights or remedies.
Upon termination, your Points shall be deleted and LEGO Group shall have no obligation to offer you any compensation for any unused Points at the time of the termination.
The Programme may make available third-party offerings or link to third-party platforms (e.g. social media platforms, Reward or promotions operators). LEGO Group will inform you on screen when you are leaving our site. Please note that these other websites are not under LEGO Group’s control and LEGO Group has no responsibility for the content of such web pages or platforms. Furthermore, please be aware that such web pages or platforms may be subject to other terms and conditions for use and privacy that are outside of our control and you should therefore read and familiarise yourself with these before accepting the use of such sites or services. You also acknowledge and agree that LEGO Group is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of such links does not imply endorsement of the website by LEGO Group or any association with its operators.
Some Rewards or promotions that are made available to you in the Programme are offered/provided by third-party partners. LEGO Group shall not be liable towards you for the provision of such Rewards or for any payment for goods and services, and any other terms, conditions, warranties or representations associated with such Rewards or promotions. Any matter in relation to such Rewards or promotions shall be solely between you and the third-party partner offering or providing the Reward or promotion.
Law, place of jurisdiction
This agreement is exclusively covered by Danish law with the exclusive jurisdiction of the City Court of Copenhagen, Denmark. This applies if the Member is a resident of Denmark and if the Member is not resident within the European Economic Area (EEA); provided, however, that the protection afforded to the Member by provisions that cannot be derogated from by agreement by virtue of the law applicable at the place where the Member is domiciled shall remain unaffected. If the Member is a consumer with a residence outside Denmark but within the EEA, the Member has the option of filing claims in the City Court of Copenhagen, Denmark, as well as at a competent court in the country in which they are resident. In addition, the Member may also be sued at their general place of jurisdiction or any other location where there is legal jurisdiction.
To the extent that applicable laws in the jurisdiction where the Member resides conflict with the provisions of this Agreement, we will comply with the requirements under the applicable laws.
Arbitration provision (applicable to US Members only)
By participating in the Programme in any way, you unconditionally consent and agree that: (1) any claim, dispute or disagreement (whether in contract, tort or otherwise) that you may have against LEGO Group and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the ‘LEGO Entities’) arising out of, relating to or connected in any way with the Programme or the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (‘FAA’), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be governed by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply Californian law consistent with the FAA and applicable statutes of limitations, and shall honour claims of privilege recognised at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable LEGO Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any LEGO Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any LEGO Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, LEGO Group agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, LEGO Group will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor LEGO Group shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit the website at www.jamsadr.com.
LEGO System A/S 2019