Club Clarins Rewards Loyalty Program
(Updated January 31, 2013)
PLEASE READ CAREFULLY. By reviewing these Terms and Conditions, and clicking "I Agree" on the registration page, and then participating, you agree to the following rules governing the Club Clarins Rewards Loyalty Program.
A. Overview of the Club Clarins Rewards Loyalty Program
1. Club Clarins Rewards Loyalty Program (the "Program") is a loyalty program, sponsored by Clarins USA ("Sponsor") through which individuals can collect points by purchasing and entering UPC codes and mailing in the original proof of purchase from packages, labeling or other packaging of selected Clarins Products ("Participating Products"), available while supplies last, or through other methods as may be added from time to time. Individuals can visit www.clubclarins.com (the "Website"), to enter their UPC codes and to have their accounts credited with the points they have collected.
2. Points are redeemable for Clarins products available at the Website.
is open to legal residents of the 50 United States and the District of Columbia
who are 18 years or older at the time of enrollment. The program is void
where prohibited by law.
The rewards program is not directed towards, nor intended for use by, anyone under the age of 13. If you are between 13-18 you may use the rewards program only under the supervision of a parent or legal guardian who agrees to be bound by our terms and conditions.
By submitting an application for the Club Clarins Loyalty Program (the "Program"), you agree to be bound by these terms and conditions. NO PURCHASE IS NECESSARY TO BECOME A MEMBER.
Membership to Club Clarins Loyalty Program ("Membership") is limited to individuals only and is limited to one account per individual. Eligible individuals may participate under the condition that the total number of points that each Club Clarins Rewards member can redeem per Account (as defined and subject to the limitations in Section D below) in the current Redemption Period is capped at 2,500. Any individual falling into any of the below categories is not eligible for Membership. Note: Attempted violation of this rule will result in disqualification
1. Employees and non-employee workers of Clarins USA, Inc., and their respective related companies, parents, subsidiaries, and affiliates are not eligible to participate.
2. Members of immediate family (spouse, parents, siblings, and children) and household members of employees of Clarins USA, Inc. and their respective related companies, parents, subsidiaries, affiliates, agents and business partners (including skincare specialists) are not eligible to participate.
3. Affiliates of Clarins USA (e.g. Clarins France) may also have similar customer programs; membership in the Club Clarins Loyalty Program does not confer any rights or benefits in the program of any other Clarins affiliate.
D. Enrolling in the Program
1. Individuals who are 18 years of age or older who meet the eligibility requirements may enroll in the Program at the Website. To enroll, click on the "Register Now" link on the page and follow the onscreen instructions to create a Club Clarins Rewards Account ("Account") (see Section D (2) below). Members of the previous phase of the Program will need to re-register their information on the Website. Once participants register their email addresses in the promotional section of the Website or register for new Accounts, they will be enrolled in the program (each an "Enrollee") and will be assigned a unique Member ID number associated with their Account. The number of points submitted for approval, pending points, and approved points by each such Enrollee will be recorded and tracked in the Enrollee’s Account.
2. How to Create Your Club Clarins Rewards Account: Once on the Website, individuals can click on the "Register Now" and follow the instructions to create an Account. An individual must have a unique, valid email address to create an Account. Limit: 1 Account per person, 5 Accounts per household and 10 Accounts per physical address, but only 1 Account per individual, under any circumstances. The person who is the authorized email account holder of the email address indicated when registering must provide date of birth information when registering for an Account and will be deemed the Enrollee.
E. Collecting Points
1. Collect points at any time during the Collection Period, by purchasing, entering UPC codes, and mailing original UPC barcodes from Participating Products, available while supplies last. Participating Products, along with the associated point values, will be listed on the Website and updated from time to time. Locate the UPC code on the product package (on the outer carton or packaging of the Product). Go to the Website during the Collection Period (or shorter period, if indicated) and follow the links and instructions to either register by clicking on the "Register Now" or Sign In (if you already have registered) at the page. After registering/signing in, enter codes in the box where indicated in the “Register Purchases” Page (link appears at the top of the page). Enrollees will then submit the original UPC barcode cutouts as proof of purchase along with the printout of the unique Member ID number to Club Clarins; 15 Olympic Drive, Orangeburg, NY 10962. Failure to submit the Member ID number form with the original Product barcodes will result in forfeiture of the code(s) and the associated points. If barcodes are submitted without Member ID numbers, we will return to sender if return address is provided. If no return address is provided, Enrollee forfeits the claimed points. Enrollees will collect points for Participating Clarins Products during the Collection Period as indicated on the Website. Items that are not originally packaged in an outer carton are not eligible to collect points.
Points are assigned based on the retail value at the time of entry on the Website. Each one dollar ($1) purchase at participating Clarins Department Store Counters will receive one (1) point. Clarins reserves the right to change the number of points awarded for purchases at any time during the Program.
2. Limit: One (1) UPC code claim per proof of purchase may be submitted. Multiple entries of the same UPC code must be accompanied by multiple proofs of purchases and mailed to Clarins. Multiple entries of the same UPC code must be accompanied by multiple proofs of purchases and mailed to Clarins.
3. Enrollees may not purchase or otherwise acquire UPC codes from third parties and may not combine UPC codes obtained by others for deposit into a single Enrollee’s account. Enrollees may not transfer or sell UPC codes under any circumstance, other than in programs authorized by Clarins. Any attempt to combine or transfer UPC codes or points will result in disqualification from the Program and forfeiture of all points in the Enrollee’s Account. Clarins reserves the right to take any action it deems appropriate in its sole discretion in the event that it reasonably believes that any Enrollee has violated any of these provisions.
4. Clarins reserves the right to change, add, or remove the methods by which Enrollees can collect points. Enrollees are responsible for the payment of all taxes which may result from the reward(s) received as part of the Program.
5. Once an Enrollee inputs a UPC code, the validation of the code and potential points earned will be subject to verification by Clarins which is in charge of the Program and whose decisions on the outcome are in its sole discretion and are final and binding. Points will not be awarded until after the verification process is complete. Codes are void if (a) not obtained in accordance with these Terms and Conditions and through legitimate channels; (b) any part of the code or the packaging or promotional item on which it is printed is counterfeit, altered, defective, tampered with or irregular in any way; or (c) obtained as the result of a sale or transfer which Clarins, in its sole discretion, determines is in violation of these Terms and Conditions and the objectives of the Program. The points will appear in the Enrollee’s Account within five business days after verification is complete. If additional time is needed for any reason, Sponsor reserves the right to award points after more than five days.
6. If an Enrollee believes that points were not properly awarded to his/her Account, the Enrollee must notify Clarins by using the Customer Service Form available www.clubclarins.com, in the Program within 15 days of the date the code was entered on the Website.
7. Enrollees must save the original purchase receipt for at least 90 days after the date Enrollee enters the code on the Website, as it may be necessary to submit it later for verification. Sponsor reserves the right to require proof, including, but not limited to, the original department store receipt with Clarins purchase, and to ensure that the UPC code was obtained by Enrollee in compliance with these Terms and Conditions. In its sole discretion, Sponsor reserves the right to reverse Points previously credited to Enrollees' Accounts, if, upon Sponsor request, UPC codes cannot be properly verified. Sponsor’s decisions regarding the awarding of points are final and binding. If Sponsor determines that previously-verified and codes are invalid for any reason, Sponsor reserves the right to remove the applicable credited points from the Enrollee's Account.
8. Enrollees may collect points in the manner set forth above during the Collection Period, unless extended or otherwise modified by Sponsor.
F. Redeeming Points
1. Enrollees may redeem their points for merchandise and other items of value (“Rewards”) listed in the “Rewards Catalog” section of the Website, while supplies last. The Website will list the corresponding point values required to be redeemed for each item. Total cumulative Reward redemptions are limited to a value of 2,500 points within the Redemption Period. Periodically throughout the Redemption Period, Sponsor will modify the list of merchandise and other items available for point redemption. Clarins reserves the right to modify the point value(s) for Rewards, at any time and for any reason, during the Redemption Period. All redemptions are subject to these Terms and Conditions and all limitations and/or requirements specified on the Website.
2. To spend/redeem your points, navigate through the items listed on the Website. You can choose any item still available for which you have accumulated sufficient points for redemption. Click the Image corresponding to the item you wish to redeem and follow the links and instructions to complete the redemption process. As part of the redemption process, you will receive a confirmation email and when applicable, an email containing the actual item you have redeemed. Emails will be sent to the email address assigned to the Enrollee’s Account.
3. Each Enrollee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly. Each Enrollee is responsible for ensuring that the mailing address associated with his/her Account is accurate and up to date. Sponsor is not responsible for non-receipt of a Reward that was shipped to the mailing address associated with an Enrollee's Account. Changes to Accounts or Account information may only be made by the Enrollee to whom the Account belongs.
4. All point redemptions for products are final. Refunds, exchanges and other issues regarding the product whose UPC codes have been entered are governed by the department store’s terms and conditions applicable to the purchase and are not the responsibility of Clarins.
5. If an Enrollee’s Account has remained inactive for a period of 365 days or more, the Enrollee will forfeit any points remaining in the Account, without compensation. Failure to either credit points to an Account or redeem points from an Account constitutes inactivity for purposes of this condition.
6. At the end of the Redemption Period, Enrollee will forfeit any points remaining in his/her Account, without compensation (unless the Program is extended as set forth in Section F7 below). Enrollee will forfeit any points remaining from a recorded purchase, without compensation, if not redeemed within 12 months of the recorded date. The points have no cash value and are only redeemable for offered Rewards via the Program.
7. Enrollees may redeem points in the manner set forth above until June 30, 2017, at 11:59 p.m. ET (the end of the Redemption Period), unless extended or otherwise modified by Sponsor.
G. Modifications and Termination of the Program
1. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, the duration of the Collection Period and Redemption Period, methods by which Enrollees may collect points, the eligible products to be purchased, the number of points associated with the purchase of eligible products or other activities, the number of purchases through which Enrollees may collect points, the number of points that may be redeemed through the Program, and any of the options made available to Enrollees with respect to their Accounts, at any time, with notice, even though these changes may affect an Enrollee's ability to accrue or use his/her points.
2. Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with notice, even though termination may affect an Enrollee's ability to accrue or use his/her points. In the event of an early termination, Enrollees will have 30 days from date Program termination is announced to redeem their points. If the Program expires as scheduled, Enrollees will have until the end of the Redemption Period to redeem their points.
3. An Enrollee's continued participation in the Program constitutes the Enrollee's acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable of any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at the Website and will supersede all previous versions of these Terms and Conditions.
H. General Terms and Conditions
2. The Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or with any federal, state or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated points. In addition, Sponsor shall have the right to take appropriate as it deems necessary in its sole discretion.
3. Sponsor reserves the right to rescind points credited to an Account which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in internet connectivity, phone lines or network hardware or software related to the Program.
4. Points are not the property of an Enrollee and may be revoked at any time by Sponsor as set forth herein. Points may not be transferred or assigned, except in the Club Clarins Rewards Program.
5. Sponsor is not responsible for any incorrect or inaccurate information supplied by any Enrollee participating in the Program.
6. All questions or disputes regarding eligibility for the Program, collecting or redemption of points, or an Enrollee's compliance with these Terms and Conditions will be resolved by Clarins in its sole discretion.
I. Limitation of Liability
1. Clarins is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Clarins USA, Inc. and its affiliates, Loyalty Match nor their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Clarins Inc, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by the Rewards Partners. TO THE FULLEST EXTENT ALLOWABLE BY LAW, CLARINS USA, INC. AND ITS AFFILIATES, LOYALTY MATCH, AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.
2. As a condition of participating in this Program, each Enrollee agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Oakland County, Michigan; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will any Enrollee be permitted to seek recovery for, and Enrollee hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Enrollee and the Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.
4. These Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.