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GUND Forever Friends Program Terms of Service

Last Updated: October 1, 2025

Welcome to the GUND Forever Friends™ program by Spin Master Ltd. (“Spin Master”) for its GUND brand ("Company," “GUND,” "we," "us," or"our"). This program is designed to help GUND owners reunite with their eligible registered lost Plush Friends (“Plush Friend”) through a uniqueQR code sewn into the Plush Friend’s label and receive a one-time replacement if the lost Plush Friend is not found. Plush Friends eligible for the program are Muttsy, Kai, Toothpick, Philbin and Snuggles. By registering for and using the GUND Forever Friends™ program (the "Service"), you agree to the following Terms of Service ("Terms"). This includes terms that govern text message communications sent in connection with the Service, indemnities to the Spin Master Parties (defined below) from you, and a limitation of your rights and remedies. If you do not agree, please do not use the Service.  

Program Overview

The GUND Forever Friends™ program allows users ("you," "your," or"User") to register a unique QR code associated with their PlushFriend and provide personal contact information to facilitate the return or replacement of the Plush Friend, if lost. If the Plush Friend is lost and subsequently scanned by a third party (“a Finder”), GUND will contact the Finder and attempt to retrieve and reunite Users with their Plush Friend.  Finders will not receive User contact information, as GUND will facilitate the retrieval and return of the PlushFriend. If a Plush Friend is not found and returned, Users may obtain a one-time replacement Plush Friend. The Service is only available to Users andFinders in the United States.

Eligibility

To be eligible to use the Service as a User, you must:

  • Be a resident of, and have a valid mailing address in, any one (1) of the fifty (50) United States or the District of Columbia (PO Boxes are not eligible);
  • Be at least eighteen (18) years old;
  • Provide a valid email address and mobilephone number for authentication and contact purposes.

To participatein the Service as a Finder, you must:

  • Be at least eighteen (18) years old; and
  • Provide a valid email address and mobile phone number for contact purposes.

To participatein the Service as a Finder, you must:

Registration and Use of Service

Registration –

To register your Plush Friend, scan the QR code on the sewn-in label of your Plush Friend and follow the registration process.You must provide accurate and complete contact information, such as a mobile phone number and/or e-mail address, which will be used for:

  • authenticating you as a user of theService; and
  • attempting to reunite you with your lost Plush Friend;
  • facilitating a replacement if a lostPlush Friend is not found.

For more information about how the Company uses the information collected through theService, see our Privacy Policy. If your contact information changes, you are responsible for updating your registration details. GUND is not responsible forPlush Friends sent to inaccurate or outdated mailing addresses.

Each Plush Friend may only be registered once. A single User may register more than one Plush Friend.

Reporting Lost –

If you discover that your Plush Friend has been lost, you may report it as lost by visiting GUND.com and navigating to the Customer Support page to complete the customer service form, or by contacting our Customer Care Support team at 1(800) 622-8339, and providing the required information to report the Plush Friend as lost.

If your Plush Friend is reported found and subsequently returned to GUND in accordance with these Terms, GUND will notify you that the Plush Friend has been found and GUND will ship the Plush Friend to the mailing address listed in your Service account.

One Time Replacement –

If you have reported a Plush Friend as lost through the Service, if the Plush Friend has not been found through the service within thirty (30) days from the date it was reported as lost, GUND will send you a one-time replacement Plush Friend to the mailing address associated with your Service account.  In the event an exact replacement of the Plush Friend is not available for any reason, GUND will replace the Plush Friend with another stuffed animal from the GUND Forever Friends™  product line in GUND’s sole discretion.

Finding a Plush Friend –

If you locate a lost Plush Friend, scan the QR code on the sewn-in label of the PlushFriend and choose the “I Found This Friend” option. If the Plush Friend has been registered to an owner, complete the Finder form to provide your contact information. GUND Customer Care will reach out to you via phone or email to facilitate a return of the Plush Friend.

You must provide accurate and complete contact information, such as phone number, email, and mailing address.

We will send to the email address you provided us detailed instructions on how to return a Plush Friend. You must return the Plush Friend using FedEx in theUnited States in accordance with the instructions provided by GUND with the prepaid shipping label. The shipping label is valid for use for thirty days. You must use the provided packing materials to ship the Plush Friend in accordance with the size and weight restrictions set forth in the shipping instructions.

Text Message Terms –

GUND may require that you supply your mobile number for security purposes, including to register and log into your account.  This may include sending you a text message with a verification code when you register and each time you log in to your account. Text messages may be sent using an automatic telephone dialing system, or artificial or pre-recorded voice. Messages may be in SMS, MMS or RCS format. Message and data rates may apply. GUND and mobile carriers are not responsible or liable for any undue delays, failure of delivery, or errors in messages. Not all mobile devices may be supported, and our messages may not be deliverable in all areas.  Participation is subject to our Privacy Policy and all terms in these Terms of Service.

General Restrictions

You agree to abide by the final and binding decisions of GUND regarding the Service and your use of it. GUND shall be the sole arbiter in cases of suspected abuse, fraud, or violation of these Terms and any decision it makes relating to termination, suspension, or disabling of the Service or a User’s or Finder’s participation shall be final and binding. Should a User or Finder object to any of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Service, that User or Finder’s only recourse is to immediately discontinue use of theService.

Limitations of Liability and Disclaimer

Participation in the Service does not guarantee the return of a lost Plush Friend. GUND is not responsible for unsuccessful reunions for any reason, including due to outdated or incorrect contact information, a Finder’s failure to send back the PlushFriend or where the Plush Friend goes missing in delivery.

GUND is not liable for lost, stolen, or unreturned Plush Friends. The Service relies on voluntary participation from Finders, and GUND does not track, store, or monitor Plush Friend locations.

To the maximum extent permitted by applicable law, you expressly agree that use of, and participation in, the Service is at your sole risk. You further agree thatCompany and its subsidiaries and affiliated companies (including direct and indirect subsidiaries, sister and parent companies, and their predecessors and successor in interest), and their respective officers, directors, managers, employees, agents, suppliers, vendors, content providers, licensors, licensees, and other representatives (each a “Company Party” and, collectively, the “Company Parties”) will not be liable to you or anyone else for any loss or injury or any indirect, incidental, consequential or special damages arising out of use or participation in the Service or arising out of any action taken in response to or as a result of any information available through the Service. You hereby waive any and all of the above claims against the Company Parties and their respective agents, representatives or licensors arising out of, or in connection with, their use of or participation in the Service.

Further, you agree that no Company Party is responsible, and will have no liability to you, for: any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these Terms or in any Service -related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise.

To the maximum extent permitted by applicable law, you agree that the Service and the Service website are provided on a strictly “as is,” “as available,” and “with all faults” basis. The Company Parties make no warranty with regard to any products or services obtained by you through the Service or through any advertisers, sponsors or partners. The Company Parties make no warranty that the Service or Service website will be uninterrupted, timely or error free, nor does any Company Party make any warranty as to the results that may be obtained from the use of the Service, including the return of a Plush Friend or the condition of any returned Plush Friend. You hereby waive any and all claims against the Company Parties arising out of or in any way relating to your use of, or enrollment in, or participation in the Service, or use of the Service website, the information available thereon, and the modification of these Terms. Your sole remedy for dissatisfaction with any portion of the Service is to cease your participation in the Service, and the sole and exclusive maximum aggregate liability of Company for all damages, losses, and causes of action(whether in contract, tort (including negligence), or otherwise) will be limited to five dollars ($5.00). The prior limitation on damages is not intended to limit your rights to recover attorneys’ fees or costs where applicable or to limit the Company Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the Company Parties’ liability for personal injury or tangible property damage caused by the Company Parties’ gross negligence, fraud or intentional, willful, malicious or reckless conduct.

Company expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Company is not responsible and assumes no liability for changes or discontinuance of service from providers which may affect the Service.

Company will be excused from performance under these terms to the extent Company is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of god, (2) acts of war, terrorism, insurrection, riots, civil disorders, or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Company.

You agree that in the event you incur any damages, losses or injuries that arise out ofCompany’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing the continued operation of the Service, or any web sites, mobile apps, property, product, or service owned, operated, or controlled by any of the Company Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Service or any web site, mobile app, property, product, or service owned, operated, or controlled by any of the Company Parties.

By using or participating in the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:

“Certain claims not affected by a general release. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Termination of Service

GUND reserves the right to terminate or suspend a User’s or Finder’s participation if there is a violation of these Terms or suspected misuse of the Service.

GUND reserves the right to suspend or terminate, at GUND’s sole and absolute discretion, Service participation including, without limitation, if GUND believes that you have violated or acted inconsistently with these Terms or applicable law or acted in a manner harmful to GUND’s interests. Abuse or violations that may result in suspension or termination include, but are not limited to: (i) engaging in fraud or abusive behavior in connection with your use the Service; (ii) your failure to follow these Terms and any other terms and conditions applicable to you in connection with your relationship with GUND; and (iii) making a misrepresentation to GUND in connection with your use of the Service. In addition, GUND reserves the right to take administrative or legal action against you, including seeking criminal prosecution, in its sole discretion.

GUND reserves the right to modify, suspend or terminate the Service at any time, for any reason.

Changes to Terms

We may update these Terms from time to time. Any changes will be posted on our website, and continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

Contact Information

If you have any questions about these Terms or the Service, please contact us at: SpinMaster Customer Support at https://www.spinmaster.com/en-US/customer-support/ or you may call our Customer Care Support team at 1(800) 622-8339.

By registering and using the GUND Forever Friends™ program, you acknowledge that you have read, understood, and agreed to these Terms of Service.

Indemnification

You agree, upon request, to indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from any breach of these Terms for which you are responsible, or from your use of this the Service or transmission of any materials or other content through the Service.

Arbitration Agreement/Governing Law/Class Action Waiver/Dispute Resolution

These Terms will be governed by, construed and enforced in accordance with the laws of theState of New York, excluding its conflict of laws principles. To the extent that any dispute between you and Company arises from these Terms or use of or participation in the Service (other than for Excluded Disputes (defined below)), the arbitration proceedings will be governed by federal arbitration law and by JAMS (defined below) rules.

Both you and Company waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Company waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related to any dispute that is brought by anyone else.Notwithstanding any provision in the JAMS rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

Both you and Company waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Company waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related to any dispute that is brought by anyone else.Notwithstanding any provision in the JAMS rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

Except for disputes relating to the infringement of your or Company’s intellectual property (such as trademarks, trade dress, copyright and patents) or whereCompany is seeking injunctive relief (the “Excluded Disputes”), you and Company each agree to finally settle all disputes arising from these Terms or use of or participation in the Service only through binding arbitration as detailed below. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. Except for Excluded Disputes, the parties agree that any claim, suit, action, or proceeding arising out of or relating to these Terms or your use of or participation in the Service will be resolved by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures then in effect (and, as applicable, the JAMS Mass Arbitration Procedures andGuidelines) of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMSis unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration”, then the parties can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in New York City, New York or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your city of residence.

The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for anyExcluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in New York City,New York. In no way limiting the applicability of the Arbitration Schedule ofFees and Costs and Mass Arbitration Procedures Fee Schedule, subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service)as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Service or any other property of Company (provided that nothing in these Terms will restrain aCalifornia resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).

You andCompany agree that the JAMS Mass Arbitration Procedures and Guidelines apply to any mass arbitrations, as amended/modified by this Arbitration Agreement.

You and Company agree that, in the event that there are seventy-five (75) or more individual requests for arbitration of a similar nature filed against Company within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – they may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Company agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of thisBatch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section. If for any reason any court or arbitrator holds that the Batch Arbitration provision is unconscionable or unenforceable, the Batch Arbitration provision will be deemed severable from the Arbitration Agreement and will not affect the validity and enforceability of this ArbitrationAgreement.

To the extent the parties disagree on the applicability of the mass arbitration process, the disagreeing party will advise the arbitrating organization (JAMS),and the arbitrating organization shall appoint a sole standing arbitrator to determine the mass arbitration process’ applicability ("AdministrativeArbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly.

You and we agree that the Mass Arbitration Procedures Fee Schedule will govern the payment of arbitration fees for mass arbitrations. Notwithstanding the foregoing, both you, we (and, if being represented, both of our attorney(s)) agree to cooperate in good faith to take reasonable measures to reduce the costs and fees of arbitration, so that the process is cost-effective for all parties involved.This may include collaborating with JAMS to decrease JAMS’s fees. In addition, you and we agree that if the Administrative Arbitrator finds that either your or our claims, counterclaims and/or appeals are brought for an improper purpose and/or are frivolous, the Administrative Arbitrator will award to the other party the costs and expenses (including, without limitation, any and all charges by the Administrative Arbitrator), and attorneys’ fees incurred by the other party.

If arbitration of a claim is necessary, the parties agree to the following procedure:

Any moving party must personally sign any demand for arbitration and include a description of the claim, a description of the relief that you are seeking, including a detailed calculation of the amount of damages. If you are represented by counsel, your counsel must also personally sign the Demand for Arbitration. The signatures certify (a) under penalty of perjury that the statements made are true and correct, and (b) that the claim is (i) not for an improper purpose, frivolous, to harass the other party and/or brought about to increase the costs of arbitration; (ii) brought in good faith based on real facts and sound legal arguments that are actionable under current law. You can find copies of aDemand for Arbitration at: http://www.jamsadr.com (“Demand for Arbitration”).

Send copie(s) of the Demand for Arbitration, plus the appropriate filing fee, to JAMS in accordance with JAMS procedures (see https://www.jamsadr.com/ ).

Send one copy of the Demand for Arbitration to the other party at the addresses below:

To Company: Spin Master Ltd., Attn: Legal Department, 225 King St. West, Suite 200, Toronto, Ontario, M5V 3M2, Canada, with a copy to legal@spinmaster.com.

To You: The Demand for Arbitration will be sent by certified mail to the most recent address Company has on file for you or otherwise in our records for you.

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You have the right to opt out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: Spin Master Ltd., Attn: Legal Department (Arbitration Opt-out), Spin Master Ltd., 225 King St. West, Suite200, Toronto, Ontario, M5V 3M2, Canada. For new users, the notice must be sent within 30 days of registering an account for the Service, and for existing users, the notice must be sent within 30 days of the effective date of theseTerms of Service. If you do not opt out, you shall be bound to the terms in this section. If you choose to opt out, Company also will not be bound.

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