FAB Friends and Benefits Relationship Program
TERMS AND CONDITIONS
Bare Escentuals Beauty, Inc., 71 Stevenson Street, 22nd Floor, San Francisco, CA 94105.
Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
The FAB Friends and Benefits Relationship Program (the "Program") is open to residents of the fifty (50) United States (including D.C.) and Canada, thirteen (13) years old or older who make purchases online at bareMinerals.com or at any Bare Escentuals boutique or outlet located in the United States or Canada. Employees of Bare Escentuals Beauty, Inc., HelloWorld, Inc., and their parent and affiliate companies are not eligible. Void in Quebec and where prohibited.
The Program is an ongoing relationship program and we reserve the right to discontinue, suspend and or modify the Program, or any part of it, at any time without notice to you.
4. How to Join:
To join the Program, visit bareMinerals.com and follow the links and instructions to complete the registration and join the Program OR sign up at a Bare Escentuals boutique or outlet or through our Customer Call Center. In order to join the Program, you will be required to opt-in to receive Bare Escentuals emails and newsletters. New Club Members who opt-in to receive Bare Escentuals emails will also be automatically enrolled in the Program. You may opt out of the Program at any time through bareMinerals.com or by calling our Customer Call Center.
If after joining the Program you opt-out from receiving Bare Escentuals emails you will not receive Program emails alerting you to the availability of Program benefits and gifts, but you will still be eligible for those benefits and gifts. If you opt-out, you will be responsible for monitoring the availability of Program benefits and gifts through your online Program account, by requesting Program information at any Bare Escentuals boutique or outlet or by calling our Customer Call Center.
You are not permitted to share the same email address with another Program Member or register more than once. If you register more than one time using multiple email addresses or identities, you may be disqualified from participation in the Program.
7. Program Benefits:
Any time after you register, you may receive a promotional offer (a "Promotional Offer"). We will determine, in our sole discretion, what Promotional Offers to make available, how many Promotional Offers to make available, and when to make those Promotional Offers available.
In addition, the Program offers the following ongoing benefits:
- Birthday Gift. Participants who provide their birth date in their Program profile will receive a birthday gift of Bare Escentuals product which Participant can redeem at any Bare Escentuals boutique or outlet or can have shipped with an online purchase made within the birthday gift promotion period.
- Sale Day. Participants who complete their Program member profile will be allowed to pre-select one Sale Day within each calendar year, birthday and day of membership sign up excluded. The Sale Day promotion code will be redeemable for one transaction only. Participants can pre-select their Sale Day by updating their online account, visiting a boutique or outlet and requesting an account update or by calling our Customer Call Center. The Sale Day discount amount will be determined by Sponsor and is subject to change at any time. The Sale Day promotion code will be effective online between 1:00 am and 11:59:59 pm ET or during store hours at boutiques and outlets. Participants can change their Sale Day date any time prior to the occurrence of that date up until 8:59:59 pm ET two days (48 hours) prior to their Sale Day. No sale day calendar extensions will be granted.
- Boutique and Outlet Receipt Free Returns.Participants who use their FAB Friends and Benefits boutique card when making purchases and returns at boutiques or outlets will not be required to provide a receipt when making returns. Purchases made through our Customer Call Center or bareMinerals.com are not eligible for Receipt Free Returns.
- Spend $150 FAB Program.For every $150 spent in Bare Escentuals North America boutiques and outlets, on bareMinerals.com or through the Bare Escentuals Customer Call Center, receive a $10 discount to use on a future purchase made within 60 days from the date of the promotion email containing the discount code. Shipping and taxes do not apply to the $150 spend requirement. By using your FAB Friends and Benefits member card at boutiques and outlets, by being logged in to your Program account when making online purchases, and by providing your Program membership number when making orders through our Customer Call Center, Bare Escentuals will track your purchase amounts and will send you a $10 discount code each time you accrue $150 in purchases. Purchases not identified under your Program membership will not be tracked for this Promotion. When redeeming the discount, purchase amount must exceed the value of the discount. Limit one Discount code per purchase. Money spent on the purchase of a Bare Escentuals’ gift card is not applied towards the Spend $150 FAB Program. Purchases made using a Bare Escentuals’ gift card are applied towards the Spend $150 FAB Program. Discount may not be combined with any other offer. Discount cannot be used to purchase Gift Cards. Club customers cannot apply Discount towards Club shipments. $150 spend requirement need not be made in a single purchase. Return purchases are disqualified from the $150 spend requirement.
Subject to availability and the terms and conditions of each Promotional Offer, sale days and gifts, Promotional Offers, sale days and gifts are only redeemable at Bare Escentuals boutiques or outlets or at BE’s owned and operated ecommerce websites. Promotional items and gifts may be shipped with an online purchase made within the particular Program benefit or gift promotion period. Redemption is subject to valid dates and terms and conditions of the Promotional Offer. Free gifts are subject to inventory availability and are redeemable only while supplies last or by offer end date.
By registering for the Program, you agree to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Program or receipt or use or misuse of a Promotional Offer or gift.
Except where prohibited, participation in the Program constitutes your consent for us to use of your name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions:
We reserve the right to cancel, suspend and/or modify the Program, or any part of it, if any fraud, technical failures or any other factor beyond our reasonable control impairs the integrity or proper functioning of the Program, as determined by us in our sole discretion. We reserve the right in our sole discretion to disqualify any individual we find to be tampering with the registration process or the operation of the Program or to be acting in violation of these Terms and Conditions. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
12. Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the registration process or the Program; (4) technical or human error which may occur in the administration of the Offer or the processing of registrations; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Program or receipt or use or misuse of any Promotional Offer.
Disputes: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Program or any Promotional Offer awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. Participant's Personal Information: