ICONIC BEAUTY LOYALTY REWARDS TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE ICONIC BEAUTY LOYALTY REWARDS PROGRAM CAREFULLY. BY PARTICIPATING IN THE LOYALTY REWARDS, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THE LOYALTY REWARDS.
SECTION 8 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.
1. MEMBERSHIP ELIGIBILITY AND OVERVIEW
1.1. The Iconic Beauty Loyalty Rewards (“Loyalty Rewards”) is offered at the sole discretion of Iconic Beauty, LLC (“Iconic Beauty,” “we,” “our” or “us”). The Loyalty Rewards is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Loyalty Rewards. Individuals who are legal residents of the United States (including its territories and possessions) and at least 13 years or older and who provide and maintain a valid email address are eligible to become members. If you are between the age of 13 and the age of majority in your state of residence (“eligible minor”), you may only participate in the Loyalty Rewards with the consent and supervision of your parent or legal guardian. The Loyalty Rewards is not targeted at children or intended for use by anyone under the age of 13. Employees of Iconic Beauty and its affiliates are not eligible to participate in the Loyalty Rewards. No purchase is necessary to join the Loyalty Rewards. The Loyalty Rewards may not be used for any business or commercial purpose and we may refuse to create an account for any reason.
1.3. The Iconic Beauty Loyalty Rewards is only available on iconicbeauty.com within the United States.
2. Loyalty Rewards ENROLLMENT
2.1. Eligible individuals may enroll in the Loyalty Rewards through one of the following options:
2.1.1. Visit https://www.iconicbeauty.com (collectively, the “Site”) and follow the Loyalty Rewards prompts to register for the Loyalty Rewards.
2.3. You are required to provide your full name, email address, in order to enroll. If you enroll at the Site. In order to access certain Loyalty Rewards benefits and Loyalty Rewards, you will need to provide us with your birthday, but birthday is not mandatory for Loyalty Rewards enrollment. You will also have the opportunity to provide us with your mobile phone number and mailing address, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
2.4. Only one Loyalty Rewards account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Loyalty Rewards, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
3. Loyalty Rewards BENEFITS
3.1. For your eligible purchase to qualify for the Loyalty Rewards, you must be enrolled in the Loyalty Rewards and you must provide your Loyalty Rewards member identification at the time of purchase by logging into your account on the Site. To earn Loyalty Rewards and benefits, your purchase must be made on qualifying products and services. Qualifying purchases include regular-priced merchandise and services, and exclude gift cards, sales tax, state fees, shipping charges, delivery charges, and other excluded charges and/or purchases as specified by us from time to time, including, but not limited to, certain charitable products where funds are donated to certain charitable organization, value sets, select premium products and services, and other specified products.
3.2. Neither accounts nor Loyalty Rewards may be shared or combined. Only the member paying for the products may accumulate benefits and Loyalty Rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.
3.3. Benefits and Loyalty Rewards earned through the Loyalty Rewards have no cash value, are non-transferable, and you have no property rights in or to Loyalty Rewards or other Loyalty Rewards benefits. Purchase balances credited to your Loyalty Rewards account will be decreased or reversed, as applicable, if all or part of the purchase is returned or canceled, or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for Loyalty Rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for Loyalty Rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any Loyalty Rewards or benefits offered through the Loyalty Rewards, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from Loyalty Rewards earned under the Loyalty Rewards are the responsibility of the member.
3.4. We reserve the right to change Loyalty Rewards benefits, how you unlock each Loyalty Rewards tier and how we evaluate and reward your eligible purchases and/or other Loyalty Rewards activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Loyalty Rewards and/or for any given tier, the number or types of Loyalty Rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Loyalty Rewards, and/or any combination thereof.
3.5. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Iconic Beauty Customer Service “Iconic Support Squad” at email@example.com. Your email must specify your name, address, phone number, and email address associated with the Loyalty Rewards, the date of the Loyalty Rewards activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Loyalty Rewards activity took place. We are not responsible for late notifications about purchases or other Loyalty Rewards activities not being credited to an account.
3.6. Loyalty Rewards can only be redeemed on the Site. Purchases made in department stores, specialty stores, stores not solely owned and operated by Iconic Beauty or outside of the United States are not eligible for the Loyalty Rewards.
3.7. Loyalty Rewards cannot be exchanged or returned for another product or service, or a monetary refund.
3.8. The products and services available through the Loyalty Rewards and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
3.9. The Loyalty Rewards is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Loyalty Rewards-related actions. You are able to unlock Loyalty Rewards Loyalty tiers by making eligible purchases or taking certain other Loyalty Rewards actions. Eligible purchases and other opportunities to unlock Loyalty Rewards Loyalty tiers will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.). Once you unlock a certain Loyalty tier, you may be eligible for certain benefits and Loyalty Rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Visit our Site for a current list of available benefits and Loyalty Rewards.
3.10. The Loyalty Rewards is a tier-based program determined by the amount a member has spent on qualifying purchases within a single calendar year. There are 3 tiers with associated benefits – Tier 1 “Classic”, Tier 2 “Timeless”, Tier 3 “Iconic” and Tier 4 “Iconic Beauty.”
3.11. Loyalty Rewards tiers are based on your qualifying purchases on the Site on a rolling 12-month basis from the anniversary of the date you achieve a tier. For example, if you make a qualifying purchase and advance to a new tier on March 3rd, 2023 you will retain that tier status until March 3rd, 2024 (assuming all other requirements are met). When you join, you’ll automatically be placed in Tier 1 “Classic” and be eligible for all the benefits Tier 1 “Classic” members receive. Purchasers with a net spend of $300 or more in 12-month period will advance to the Tier 2 “Timeless” tier and qualify for Tier 2 benefits. Purchasers with a net spend of $900 or more in a 12-month period will advance to the Tier 3 “Iconic” tier and qualify for Tier 3 benefits. Tier 4 “Iconic Beauty” is an invitation only tier. Customers will be invited to this tier at the discretion of iconic beauty.
4. MARKETING COMMUNICATIONS
4.1. By enrolling in the Loyalty Rewards, you will be automatically subscribed to receive and consent to receiving (1) Loyalty Rewards related emails, including Loyalty Rewards marketing emails and (2) Iconic Beauty online emails, including marketing emails.
4.2. You may opt-out of receiving Loyalty Rewards or Iconic Beauty online marketing emails at any time, but operational emails will still be sent to you as they relate to your membership in the Loyalty Rewards, and you consent to their receipt. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. If you terminate your Loyalty Rewards membership, you will no longer receive Loyalty Rewards-related communications.
5. TERMINATION AND MODIFICATION
5.1. The Loyalty Rewards and its benefits are offered at our sole discretion. We may, at our discretion, cancel, modify, restrict, or terminate these Terms, our FAQs, and/or the Loyalty Rewards or any aspect or feature of the Loyalty Rewards at any time without prior notice, even though such changes may affect the value of Loyalty Rewards or benefits already accumulated or earned and/or the ability to redeem accumulated Loyalty Rewards or benefits.
5.2. We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Loyalty Rewards; (2) discontinue your participation in the Loyalty Rewards; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Loyalty Rewards, failure to follow any Terms, membership inactivity for more than 12 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Loyalty Rewards and/or benefits, may result in the revocation of your membership, loss of accrued points, and make you ineligible for further participation in the Loyalty Rewards. If your membership is revoked, any Loyalty Rewards or benefits in your account will automatically expire and your access to the Loyalty Rewards and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
5.3. If you decide you no longer want to be a part of the Loyalty Rewards, you may cancel your membership at any time by opting-out in your account on the Site.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1. NEITHER ICONIC BEAUTY NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE LOYALTY REWARDS OR ANY OF THE LOYALTY REWARDS OR BENEFITS ASSOCIATED WITH THE LOYALTY REWARDS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
6.2. YOU AGREE THAT NEITHER ICONIC BEAUTY NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE LOYALTY REWARDS; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE LOYALTY REWARDS; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN LOYALTY REWARDS CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
6.3. FURTHER, NEITHER ICONIC BEAUTY NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE LOYALTY REWARDS OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE LOYALTY REWARDS, USE OF ANY LOYALTY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE LOYALTY REWARDS TERMINATION OF YOUR MEMBERSHIP IN THE LOYALTY REWARDS IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
7.1. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Loyalty Rewards in violation of any law, rule, regulation or these Terms.
8. GOVERNING LAW AND DISPUTES
8.1. This Loyalty Rewards and these Terms will be governed by and construed under the substantive laws of the State of California, as if they were a contract wholly entered into and wholly performed within California and without reference to conflict-of-laws considerations.
8.2. ANY DISPUTE RELATING IN ANY WAY TO THIS LOYALTY REWARDS, THESE TERMS, YOUR LOYALTY REWARDS MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CALIFORNIA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
8.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10. CONTACT US
For information about the Loyalty Rewards and your membership, contact via email at firstname.lastname@example.org. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQS.