Beauty Squad Loyalty Program
Terms and Conditions
Last Updated: June 30, 2016
The terms and conditions outlined in this agreement (the “Agreement”) govern membership in the e.l.f. Beauty Squad Loyalty Program (“Program”). Participants in the Program are subject to the terms and conditions herein.
- Membership: The Program is offered at the sole discretion of e.l.f. Cosmetics, Inc. (“e.l.f.” or “we”). Membership is open to individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older. Membership in the Program is voluntary. You need not join to purchase products at www.elfcosmetics.com or at any retail location. The Program 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 Program. Employees of e.l.f. and their dependents are not eligible to participate in the Program. E.l.f. reserves the right to limit the number of participants in the Program.
- Membership Enrollment: Eligible individuals may enroll in the Program by visiting here (collectively, the “Site”) and following the Program prompts to register for the Program. You may be required to provide your full name, telephone number, mailing address, email address, and date of birth and to create a password in order to enroll. Once you provide this information, you will be enrolled in the Program and provided a Member account. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. Members must provide the required information to be enrolled and to be eligible for benefits and rewards, such as e.l.f. products and samples (“Rewards”). Only one Member account may be associated with a single email address. In the event of a dispute over ownership of the Member account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of this Agreement, 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. To redeem points for a Reward, you must have a valid physical address linked to your Member account.
- Participation: You may earn Beauty Squad points (“Points”) for dollars you spend on each online transaction, excluding federal, state, and local taxes, shipping charges, employee discounts, commercial account purchases, charitable donations, returns, refunds, and items purchased with a gift card, merchandise credits or any Rewards or other awards (“qualifying purchases”). For your purchase to qualify to earn Points, you must be signed into your Member account at the time of purchase; or provide your Program member identification (that is, the email address you registered under the Program) when making a qualifying purchase. e.l.f. may also, at its sole discretion, provide additional Points in connection with certain transactions and promotions. If you return items from a qualifying purchase, the appropriate number of Points will be automatically deducted from your account balance. You are able to earn Points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you earn Points and reach a certain loyalty tier, you may be eligible for certain Rewards applicable to that tier, which may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn Points and reach Program loyalty tiers will be posted on the Site or may be published through other media (for example, in marketing communications and social media). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
- Points: Points have no cash or property value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Only the Member paying for products in a qualifying purchase may accumulate Points or Rewards. Points do not constitute property of any Member or other person and may not be brokered, bartered, pledged, gifted, sold or otherwise transferred for consideration, other than by e.l.f. or as expressly provided for in this Agreement, and any receipt or use of Points in violation of the terms and conditions herein will render such Points void. Neither accounts nor Rewards or Points may be shared or combined. Points earned are not eligible for redemption for 24 hours once they are awarded. Points are not capable of being combined or transferred to any other type of e.l.f. promotion or award. After 12 months of inactivity, Points may expire. Inactivity is defined as a period in which a Member earns no Points, makes no purchases, and redeems no Points.
- Rewards and Redemption: The number of Points necessary to earn a Reward is determined by e.l.f. in its sole discretion and may be changed without prior notice to you. You may redeem Points on the Site by signing into your online account or providing your Program member identification. Points used to redeem a Reward will be deducted from the total Points available in your Member account. Points may not be used towards purchases of e.l.f. gift certificates, charitable items, promotional value sets, sales tax, or shipping charges. Credits from multiple accounts may not be aggregated unless authorized by e.l.f. We reserve the right to change Rewards, how you earn Points and reach each Program tier and how we evaluate and reward your eligible purchases and other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program or for any given tier, the number or types of Rewards you may receive or earn in any given tier, in a given time period or for the duration of the Program, or any combination thereof. Rewards can only be redeemed on the Site, unless otherwise expressly authorized by e.l.f. You cannot combine Rewards with any other coupon or promotion. Rewards cannot be exchanged or returned for another product or service or a monetary refund. The products and services available through the Program and any samples that we may provide to you are for your 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 or any products or services to provide to you that we believe, in our sole discretion, may result in a violation of this Agreement.
- Communication: As a member, you will periodically receive emails from e.l.f. Beauty Squad. You may opt-out of the marketing emails at any time, but operational emails will still be sent to you as it relates to your membership in the Program. Examples of these include the welcome email, a Beauty Squad Rewards confirmation email, and a monthly Points balance email. Unless otherwise stated, Points will be communicated to you via email on a monthly basis.
- e.l.f. Rewards Additional Terms and Conditions: e.l.f. reserves the right to cancel, modify or restrict any aspect of the Program at any time with or without notice. Membership in the Program may be revoked at any time. Membership is nontransferable. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation may subject Members to revocation of Membership and will affect eligibility for further participation in the Program. Further, e.l.f. reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Member defrauds or abuses the Program, fails to follow any terms of the Program, or makes any misrepresentation to e.l.f. Program purchases, as reflected in e.l.f. records, shall be deemed correct and e.l.f. reserves the right to determine the qualification for any transaction and to correct or modify the Reward at any time based on e.l.f. records and calculation of account information. e.l.f. is not responsible for communications or Rewards lost due to an inaccuracy in or change of address or other contact information. The Program shall be governed by the laws of the State of New York, U.S.A., without regard to its conflict of laws and principles. Further, Members in the Program submit solely to the jurisdiction of state or local courts in the state of New York for adjudication of disputes arising from this Agreement. Taxes on Rewards may apply where required by law. Any tax liability, including disclosure, is the sole responsibility of the Member. From time to time, Rewards balances and values will be updated in the Program. Please check the Program website at here for the most up-to-date Point balances. e.l.f. may waive compliance with these terms and conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, e.l.f.’s failure to exercise any of its rights under this Agreement or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact us by emailing email@example.com. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue you encountered. This email must be sent no more than thirty (30) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account. For more information about the Program or your Member account, email us at firstname.lastname@example.org.
- Sponsor: e.l.f. Cosmetics, Inc. is the exclusive sponsor of this Program.
- Termination: The Program has no predetermined termination date and may continue until such time as e.l.f., at its sole discretion, elects to designate a termination date for the Program. In the event that the Program terminates, e.l.f. will notify you of the termination date. e.l.f. reserves the right, in its sole discretion and without notice, to expire a Member’s account after one year of account inactivity. No extensions, cash refunds or other exchanges will be allowed for Points that have been removed from an Account based on inactivity. e.l.f. reserves the right to deactivate an Account in which Points were obtained as a result of fraudulent activity or technical failures of any kind. In order to reactivate an account, or if you want to cancel participation in the Program or request not to be communicated you must notify e.l.f. at email@example.com. All accrued Points will be lost if your Member account expires or is cancelled, and you will not be able to redeem any remaining Points for Rewards.
Limitation of Liability and Additional Terms: By enrolling in the program and redeeming the rewards, the member agrees that e.l.f. And its affiliates and subsidiaries and its officers, directors, employees, representatives and agents (collectively, the “released parties”) will have no liability or responsibility whatsoever for, and shall be held harmless by members or any person for, any liability for any injuries, losses or damages of any kind (including, without limitation, direct, indirect, incidental, special, consequential, or punitive or exemplary damages) to persons, including personal injury or death, or property arising in whole or in part, directly or indirectly, from any action taken or neglected to be taken with regard to the program, with the exception of errors in posting points to accounts. The released parties are not responsible for (a) loss or misdirection of, or delay in receiving, any membership application, correspondence, or rewards; (b) theft or unauthorized redemption of credits or rewards or use of a reward caused by circumstances beyond the reasonable control of us or our representatives, agents; (c) any acts or omissions of third parties (including); or (d) any errors published in relation to the program, including, without limitation, any typographical errors, errors of description, and errors in the crediting or debiting of credits from member accounts. We reserve the right to correct, without notice, any errors. In no event shall the released parties be liable to you for any delay in or failure to perform due to causes beyond our control, including, without limitation, any act of god, and act of war, natural disaster, terrorism, or any act or omission of a third party.
Without limiting the foregoing, except as specifically provided otherwise in these program rules, everything regarding the program, including the site and the rewards, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply.
This section 10 will survive termination of member’s participation in the program.