FAB Friends and Benefits Relationship Program
TERMS AND CONDITIONS
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
1. Sponsor and Administrator (as of January 17, 2017):
Bare Escentuals Beauty, Inc., 900 Third Avenue, New York, NY 10022. Administrator through January 16, 2017: HelloWorld, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.
The FAB Friends and Benefits Relationship Program (the "Program") is open to residents of the fifty (50) United States (including D.C.) and Canada, sixteen (16) years old or older who make purchases online at bareMinerals.com or at any bareMinerals boutique or bare + BEAUTY 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 bareMinerals boutique or bare + BEAUTY outlet or through our Customer Call Center. Due to a scheduled technology upgrade, from January 1, 2017 through March 31, 2017, you may not be able to sign up for the Program at certain boutiques and outlets. 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 bareMinerals boutique or bare + BEAUTY outlet or by calling our Customer Call Center.
You are not permitted to share the same email address with another Program participant 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:
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Technology Upgrade Impact
Due to a scheduled technology upgrade, from January 1, 2017 through March 31, 2017, Program benefits and the notification and redemption of Program benefits will be impacted.
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 bareMinerals boutique or bare + BEAUTY outlet or can have shipped with an online purchase made within the birthday gift promotion period.
- Program participants who have birthdays between January 1, 2017 and January 31, 2017 are eligible to receive a birthday gift but will not receive an email reminder from Sponsor to redeem their birthday gift.
- After January 16, 2017, birthday gift promotion codes issued by Sponsor in 2016 will not be redeemable at bareMinerals.com and will only be redeemable at bareMinerals boutiques and bare + BEAUTY outlets or through our Customer Call Center.
- Sale Day. Through December 14, 2016, participants who complete their Program member profile will be allowed to pre-select one Sale Day that must fall on or before December 31, 2016, birthday and day of membership sign up excluded. The Sale Day promotion code will be redeemable for one transaction only and is subject to the terms and conditions included in the Sale Day promotion notice sent by Sponsor. The Sale Day discount amount will be determined by Sponsor and is subject to change at any time. Participants can pre-select their Sale Day by updating their online account, visiting a bareMinerals boutique or bare + BEAUTY outlet and requesting an account update or by calling our Customer Call Center. Participants can change their pre-selected 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 pre-selected Sale Day. On the pre-selected Sale Day, the Sale Day promotion code will be effective online at bareMinerals.com between 1:00 am and 11:59:59 pm ET or during store hours at bareMinerals boutiques and bare + BEAUTY outlets. 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 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 membership at Bare Escentuals’ boutiques and outlets, by being logged in to your Program account when making online purchases, and by providing your Program FAB membership information 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 redemption per purchase. Money spent on the purchase of a bareMinerals gift card or a bare + BEAUTY gift card is not applied towards the Spend $150 FAB Program. Purchases made using a bareMinerals gift card or a bare + BEAUTY 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 bareMinerals gift cards or bare + BEAUTY gift cards. Club customers cannot apply the discount towards Club shipments. The $150 spend requirement need not be made in a single purchase. Return purchases are disqualified from the $150 spend requirement.
- After January 16, 2017, $10 discount codes issued by Sponsor in 2016 will not be redeemable at bareMinerals.com and will only be redeemable at bareMinerals boutiques or bare + BEAUTY outlets or through our Customer Call Center.
- Issuance of the $10 discount code to Program participants who achieve the $150 spend requirement in January 2017 may be delayed.
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Birthday Gift — Technology Upgrade Impact
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Sale Day — Technology Upgrade Impact:
Participants who complete their Program member profile between December 15, 2016 and January 15, 2017, will not be eligible for and will not receive a Sale Day promotion code.
Starting on or around January 16, 2017, participants who complete their Program member profile will be issued a Sale Day promotion code that can be used pursuant to the terms and conditions included in the Sale Day promotion notice sent by Sponsor. The Sale Day promotion code will be redeemable for one transaction only and is subject to the terms and conditions included in the Sale Day promotion notice sent by Sponsor. The Sale Day discount amount will be determined by Sponsor and is subject to change at any time. The Sale Day promotion code can be used online at bareMinerals.com and at bareMinerals boutiques and bare + BEAUTY outlets. No sale day calendar extensions will be granted.
*** PLEASE BE AWARE ***
Boutique and Outlet Receipt Free Returns — Technology Upgrade Impact:
Between January 1, 2017 and March 31, 2017, FAB Receipt Free Returns may not be available at certain bareMinerals boutiques and bare + BEAUTY outlets. During this time period, if FAB Receipt Free Returns are not available at the boutique or outlet where the return is being made and a Program participant makes a return without a receipt, the return will be subject to Sponsor’s standard policies for returns without a receipt.
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Spend $150 FAB Program — Technology Upgrade Impact:
Subject to availability and the terms and conditions of each Promotional Offer and Program benefit, Promotional Offers, sale days and gifts are only redeemable at bareMinerals boutiques, bare + BEAUTY outlets, Bare Escentuals’ owned and operated ecommerce websites, and Bare Escentuals’ Customer Call Center. 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 economic damages, claims or causes of action (but not including personal injury or death), 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 economic losses or damages of any kind 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.
If a dispute should arise between you and Bare Escentuals Beauty, Inc. (the “Company”) concerning, arising out of, or relating to the Program, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at email@example.com or by phone at (888)795-4747. If your dispute cannot be resolved using our customer service team, these Terms and Conditions describe how we shall proceed with the resolution of the dispute.
14. AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and the Company agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances the Company may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or the Company must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and the Company will pay all other administrative costs and fees. In addition, for claims of less than $1,000, the Company will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New York, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing the Company at firstname.lastname@example.org and providing the requested information as follows: (1) Your Name; (2) the URL of Terms and Conditions and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms and Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions by using the website.
CHOICE OF LAW/FORUM SELECTION.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in New York or federal court of competent jurisdiction in the Southern District of New York.
15. Participant's Personal Information: