PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE ICONIC BEAUTY VIB REWARDS CAREFULLY. BY PARTICIPATING IN THE VIB 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 VIB 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 VIB Rewards (“VIB Rewards”) is offered at the sole discretion of Iconic Beauty, LLC (“Iconic Beauty,” “we,” “our” or “us”). The VIB 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 VIB 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 VIB Rewards with the consent and supervision of your parent or legal guardian. The VIB 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 VIB Rewards. No purchase is necessary to join the VIB Rewards. The VIB Rewards may not be used for any business or commercial purpose and we may refuse to create an account for any reason.
1.2. By joining the VIB Rewards and becoming a VIB Rewards member, you or your parent or legal guardian, if you are an eligible minor (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these VIB Rewards Terms and Conditions (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQS frequently to understand the terms and conditions that apply to the VIB Rewards as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the VIB Rewards, you also agree to be bound by our website PRIVACY POLICY and our website TERMS AND CONDITIONS, which are incorporated herein by reference. If you do not agree to these Terms, our website PRIVACY POLICY, and our website TERMS AND CONDITIONS, you cannot participate in the VIB Rewards. The VIB Rewards are void where prohibited by law.
1.3. The Iconic Beauty VIB Rewards is only available on iconicbeauty.com within the United States.
2. VIB Rewards ENROLLMENT
2.1. Eligible individuals may enroll in the VIB Rewards through one of the following options:
2.1.1. Visit https://www.iconicbeauty.com (collectively, the “Site”) and follow the VIB Rewards prompts to register for the VIB Rewards.
2.2. If you are between the ages of 13 and the age of majority in your state of residence, by enrolling in the VIB Rewards, you are certifying that on your behalf, your parent or legal guardian has consented to your enrollment in the VIB Rewards, and has read, understood and agreed to be bound by these Terms, our PRIVACY POLICY and our website TERMS AND CONDITIONS which are incorporated by reference, and by any changes or modification we may make.
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 VIB Rewards benefits and VIB Rewards, you will need to provide us with your birthday, but birthday is not mandatory for VIB 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 VIB 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 VIB 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. VIB Rewards BENEFITS
3.1. For your eligible purchase to qualify for the VIB Rewards, you must be enrolled in the VIB Rewards and you must provide your VIB Rewards member identification at the time of purchase by logging into your account on the Site. To earn VIB 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 VIB Rewards may be shared or combined. Only the member paying for the products may accumulate benefits and VIB 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 VIB Rewards earned through the VIB Rewards have no cash value, are non-transferable, and you have no property rights in or to VIB Rewards or other VIB Rewards benefits. Purchase balances credited to your VIB 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 VIB Rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for VIB Rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any VIB Rewards or benefits offered through the VIB Rewards, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from VIB Rewards earned under the VIB Rewards are the responsibility of the member.
3.4. We reserve the right to change VIB Rewards benefits, how you unlock each VIB Rewards tier and how we evaluate and reward your eligible purchases and/or other VIB Rewards activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the VIB Rewards and/or for any given tier, the number or types of VIB Rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the VIB 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 hello@iconicbeauty.com. Your email must specify your name, address, phone number, and email address associated with the VIB Rewards, the date of the VIB 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 VIB Rewards activity took place. We are not responsible for late notifications about purchases or other VIB Rewards activities not being credited to an account.
3.6. VIB 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 VIB Rewards.
3.7. VIB Rewards cannot be exchanged or returned for another product or service, or a monetary refund.
3.8. The products and services available through the VIB 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.
4. MARKETING COMMUNICATIONS
4.1. By enrolling in the VIB Rewards, you will be automatically subscribed to receive and consent to receiving (1) VIB Rewards related emails, including VIB Rewards marketing emails and (2) Iconic Beauty online emails, including marketing emails.
4.2. You may opt-out of receiving VIB 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 VIB 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 VIB Rewards membership, you will no longer receive VIB Rewards-related communications.
5. TERMINATION AND MODIFICATION
5.1. The VIB Rewards and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs, and/or the VIB Rewards or any aspect or feature of the VIB Rewards at any time without prior notice, even though such changes may affect the value of VIB Rewards or benefits already accumulated or earned and/or the ability to redeem accumulated VIB Rewards or benefits.
5.2. We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the VIB Rewards; (2) discontinue your participation in the VIB Rewards; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the VIB 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 VIB Rewards VIB 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 VIB Rewards. If your membership is revoked, any VIB Rewards or benefits in your account will automatically expire and your access to the VIB 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 VIB 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 VIB REWARDS OR ANY OF THE VIB REWARDS OR BENEFITS ASSOCIATED WITH THE VIB 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 VIB 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 VIB 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 VIB 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 VIB 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 VIB REWARDS, USE OF ANY VIB REWARDSOR 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 VIB REWARDS TERMINATION OF YOUR MEMBERSHIP IN THE VIB REWARDS IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
7. INDEMNIFICATION
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 VIB Rewards in violation of any law, rule, regulation or these Terms.
8. GOVERNING LAW AND DISPUTES
8.1. This VIB 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 VIB REWARDS, THESE TERMS, YOUR VIB 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.
9. PRIVACY We value your privacy. The personal information collected from you in connection with the VIB Rewards, including but not limited to purchases made in connection with your VIB Rewards membership, will be used and disclosed by us in accordance with our PRIVACY POLICY. Without limiting the foregoing, we will use and retain your personal information to (1) provide goods and services to you, such as servicing and maintaining your VIB Rewards membership with us; (2) protect against deceptive and fraudulent activity; (3) enable internal uses that are consistent with our PRIVACY POLICY; and (4) comply with a legal obligation. CA Residents: The VIB Rewards may be considered a “financial incentive” under California law. Please review our PRIVACY POLICY, which includes our Financial Incentive Notice.
10. CONTACT US For information about the VIB Rewards and your membership, contact via email at hello@iconicbeauty.com. 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.