e.l.f. Beauty Squad Loyalty Program
Terms and Conditions

EU
e.l.f. COSMETICS
Effective as of October 25, 2021

These are the terms and conditions (the “Terms”) of the e.l.f. Beauty Squad Loyalty Program (the “Loyalty Program”) in the European Union (other than Germany, the terms for which may be found here). The Terms contain important information about your rights and obligations. If you do not agree with the Terms, please do not enroll in the Loyalty Program or, if you are currently a member of the Loyalty Program, please terminate your membership in the Loyalty Program by contacting us.

OVERVIEW OF LOYALTY PROGRAM

The Loyalty Program is sponsored by e.l.f. Cosmetics, Inc. (“e.l.f. Cosmetics” or “we”). Participants in the Loyalty Program (a “Member”) can receive Points by making qualifying purchases of e.l.f. products or by completing other qualifying activities, and can redeem Points for certain Rewards, all as detailed more in the Terms and on the Loyalty Program page on www.elfcosmetics.com/eu (our “Website”).

Participation in the Loyalty Program is voluntary. You do not need to join the Loyalty Program to purchase e.l.f. products (either online or through a retailer). Membership is nontransferable and is subject to these Terms. Membership in the Loyalty Program and its benefits are offered at the sole discretion of e.l.f. Cosmetics.

e.l.f. Cosmetics may, at any time, terminate, change, limit, modify or cancel the Loyalty Program or the Terms by posting the modified terms on our Website. You should check the Terms routinely to ensure you understand the terms that apply at that time. Your continued participation in the Loyalty Program after such posting will constitute your acceptance.

For more information about the Loyalty Program or your Loyalty Program account, email us at elfcare@elfcosmetics.com.

 

MEMBERSHIP

Membership in the Loyalty Program is open to individuals who are residents of the European Union and at least 16 years old. By enrolling in the Loyalty Program, you are representing that you are at least 16 years old.

The Loyalty Program is available to individuals for their personal use only. Corporations, associations, or other groups may not participate in the Loyalty Program. e.l.f. Cosmetics reserves the right to limit the number of participants in the Loyalty Program.

Only one Loyalty Program account may be associated with a single email address—Loyalty Program accounts may not be shared across multiple email addresses. The person who is the authorized email account holder of the email address used to create the Loyalty Program account will be deemed to be the Member, except in circumstances of mistake or fraud. The “authorized email account holder” is the person who is assigned the email address used to create the Loyalty Program account by an internet provider, online service provider, or other organization that is responsible for assigning email addresses for the applicable associated domain (for reference, the domain of an email address is everything after the “@” symbol).

enrolling in the Loyalty Program

You may enroll in the Loyalty Program through our Website and following prompts to register for the Loyalty Program. Registering for an account on our Website will also enroll you in the Loyalty Program.

To enroll, you will be required to provide your email address and create a password. You may also provide additional information when you create your Loyalty Program account, such as a physical address for delivery of Rewards.

POINTS

Members may earn Loyalty Program points (“Points”) by making qualifying purchases of e.l.f. products or by taking certain “Point-earning” actions.

For a purchase on our Website to be considered a “qualifying purchase”, a Member must be signed into his or her Loyalty Program account at the time of purchase.

Members in certain jurisdictions may also make “qualifying purchases” from participating retailers approved by e.l.f. Cosmetics. To earn Points for a qualifying purchase from an approved retailer, a Member must sign into his or her Loyalty Program account, upload a picture of the receipt from the retailer that features the e.l.f. Cosmetics product purchased, the total amount purchased, the date and time of purchase, and the retailer name, and the receipt must be verified and approved by e.l.f. Cosmetics. e.l.f. Cosmetics is not liable for illegible receipts, incomplete receipts, or problems in transmission or receipt of scanned images. More information about which retailers are “approved retailers” for receipt scanning and about how to scan receipts can be found on the Loyalty Program page on our Website. Please note that it may not be possible for Members in certain jurisdictions to make “qualifying purchases” from retailers that sell e.l.f. Cosmetics products.

The number of Points that a Member may earn through qualifying purchases may depend on that Member’s Loyalty Program loyalty tier. A Member may not earn more than 3,000 Points per calendar month through qualifying purchases on elfcosmetics.com and may not earn more than 3,000 Points per calendar month through uploading a receipt. Details about how many Points can be earned from qualifying purchases can be found on the Loyalty Program page on our Website.

The following are not considered to be qualifying purchases: federal, state, provincial, local or similar taxes, shipping charges, employee discounts, purchases of gift cards, commercial account purchases, charitable donations, returns, refunds, and, merchandise credits or any Rewards or other awards. Please note that while the actual purchase of a gift card is not considered a qualifying purchase for the individual that purchased the gift card, purchasing e.l.f. Cosmetics products using a gift card will be considered qualifying purchases for the individual that used the gift card.

If a Member makes any returns and exchanges from a qualifying purchase, e.l.f. Cosmetics reserves the right to adjust or deduct the appropriate number of Points from that Member’s Point balance.

From time to time, e.l.f. Cosmetics may establish (at its sole discretion) criteria pursuant to which a Member may earn additional Points (such as, for example, by participating in a contest or sweepstakes, or purchasing e.l.f. products during a “multiple Point” event). These activities will be posted on our Website or may be published through other media (for example, in marketing communications and social media).

If you have concerns that Points from a qualifying purchase or other qualifying activity were not properly applied to your account, you should contact us by emailing elfcare@elfcosmetics.com. Your email must specify your name and email address associated with the Loyalty Program, the date of the activity, and the issue you encountered. This email must be sent no more than 30 days after the date the purchase or other activity took place. e.l.f. Cosmetics is entitled to not accept late notifications about purchases or other Loyalty Program activities not being credited to a Loyalty Program account.

REWARDS AND REDEMPTION

Members can use Points to receive e.l.f. products, discounts, or other rewards (“Rewards”). Details about available Rewards can be found on the Loyalty Program page on our Website.

Points used to redeem a Reward will be deducted from the total Points available in a Member’s Loyalty Program account.

Points can only be redeemed for Rewards on our Website. To redeem a physical Reward (such as a product), a Member must provide a valid physical address.

Rewards cannot be exchanged or returned for another product or service or a monetary refund. Rewards may not be combined with any other coupon or promotion.

LOYALTY PROGRAM TIERS

Once you earn Points and reach a certain Loyalty Program tier, you may be eligible for certain Rewards or other benefits applicable to that tier, which may change from time to time and may be offered on a limited basis. Visit the Loyalty Program page on our Website to learn more about the Loyalty Program tiers, including the criteria and process for achieving and maintaining a certain tier.

INACTIVITY AND DEACTIVATION/CANCELLATION OF ACCOUNTS

All of a Member’s accrued Points will expire after 12 months of no activity. The 12 months will be rolling and will be reset at the time of activity. Activity is defined as a login to your account, making a qualifying purchase on our Website, earning Points, or redeeming Rewards. e.l.f. Cosmetics’ correction of Points in a Member’s account will not qualify as account activity. e.l.f. Cosmetics also reserves the right, in its sole discretion, to deactivate a Member’s account after 24 months of no activity. To the extent required by applicable law, we will notify you 30 days prior to such expiry and/or deactivation. No extensions, cash refunds or other exchanges will be allowed for Points that have been removed from an Account based on 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. Cosmetics reserves the right to deactivate a Member’s Loyalty Program account in which Points were obtained as a result of fraudulent activity by the Member, reseller activity by the Member, or, subject to applicable law, technical failures of any kind.

A Member may cancel his or her membership in the Loyalty Program at any time by contacting e.l.f. Cosmetics at elfcare@elfcosmetics.com. If a Member wishes to reactivate an account, a Member must contact e.l.f. Cosmetics at elfcare@elfcosmetics.com and e.l.f. Cosmetics will make the determination, in its sole discretion (subject to applicable law) whether to reactivate

MODIFICATION OR TERMINATION OF LOYALTY PROGRAM

To the extent permitted by applicable law, e.l.f. Cosmetics reserves the right to cancel, modify or restrict any aspect of the Loyalty Program at any time with or without notice; provided however, to the extent required by applicable law, when making material changes to the Loyalty Program, we will consider your reasonable interests and notify you prior to such changes taking effect. You should check these Terms routinely to ensure you understand the terms that apply at that time. Your continued participation in the Loyalty Program after such posting will constitute your acceptance.

We reserve the right to change Rewards, the number of Points necessary to earn a Reward, how you earn Points and reach each Loyalty Program tier (if any), and how we evaluate and reward your eligible purchases and other Loyalty Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Loyalty 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 Loyalty Program, or any combination thereof.

You may terminate your participation in the Loyalty Program at any time as noted above. The Loyalty Program has no predetermined termination date and may continue until such time as e.l.f. Cosmetics, at its sole discretion, elects to terminate the Loyalty Program as a whole or your membership in the Loyalty Program. In the event that the Loyalty Program (or your membership) is terminated, e.l.f. Cosmetics will notify you of the termination date with no less than 30 days’ notice.

COMMUNICATIONS AND PRIVACY

Members may periodically receive non-marketing operational messages from e.l.f. Cosmetics regarding the Loyalty Program. Examples of these include the welcome message, Rewards confirmation messages, and monthly Points balance messages. If a Member has opted-out of marketing messages or not consented to receiving marketing messages, non-marketing operational messages will still be sent to that Member as it relates to membership in the Loyalty Program.

Any information that you submit to us or that we collect through your use of the Loyalty Program is subject to our PRIVACY NOTICE. For more information on how we use your information, please see our PRIVACY NOTICE.

IMPORTANT ADDITIONAL TERMS CONDITIONS

The Loyalty Program is void where prohibited by law.

Points have no cash or property value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Points do not constitute property of any Member or other person and may not be brokered, bartered, pledged, gifted, shared, sold or otherwise transferred, other than by E.l.f. Cosmetics or as expressly provided for in these Terms, and any receipt or use of Points in violation of these Terms will render such Points void.

Points from multiple accounts may not be aggregated unless authorized by E.l.f. Cosmetics in its sole discretion. Points are not capable of being combined or used in connection with any other type of promotion or award.

Rewards are for personal use only—except to the extent permitted by applicable law, a Member may not sell or resell any Rewards. E.l.f. Cosmetics reserve the right (to the extent permitted by applicable law), without notice, to cancel, or reduce the quantity of, any Reward that it believes, in its sole discretion, may result in a violation of these Terms.

Membership in the Loyalty Program may be revoked at any time. Membership is nontransferable. Any abuse of the Loyalty Program, failure to follow these Terms, or any misrepresentation may subject Members to revocation of Membership if such conduct is not ceased within a reasonable time set by E.l.f. Cosmetics and will affect eligibility for further participation in the Loyalty Program.

E.l.f. Cosmetics 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 Loyalty Program, fails to follow any terms of the Loyalty Program, or makes any misrepresentation to E.l.f. Cosmetics.

Qualifying purchases and qualifying activities, as reflected in E.l.f. Cosmetics’s records, will be deemed correct and E.l.f. Cosmetics reserves the right to determine the qualification for any transaction and to correct or modify the number Points at any time based on E.l.f. Cosmetics’s records and calculation of account information. E.l.f. Cosmetics is not responsible for communications or Rewards lost due to an inaccuracy in or change of address or other contact information.

E.l.f. Cosmetics may waive compliance with these Terms 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. Cosmetics’s failure to exercise any of its rights under these Terms or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights or any other right or remedy, nor shall it preclude or restrict further exercise of that or any other right or remedy.

GOVERNING LAW

The Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or the Loyalty Program or formation shall be governed by and construed in accordance with the laws of Germany, subject only to mandatory provisions of consumer law in the country in which you reside.

WHAT WE ARE NOT RESPONSIBLE FOR

e.l.f. Cosmetics and its affiliates and subsidiaries and its officers, directors, employees, representatives and agents are not responsible for: (a) loss or misdirection of, or delay in receiving, any membership application, correspondence, information about qualifying purchases, or Rewards; or (b) theft or unauthorized redemption of Points or Rewards or use of a Reward caused by circumstances beyond the reasonable control of us or our representatives or agents.

SEVERABILITY

Where any provision of the Terms is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction then such provision shall be deemed to be severed from the Terms and, if possible, replaced with a lawful provision which, as closely as possible, gives effect to the intention of the parties under the Terms and, where permissible, that shall not affect or impair the legality, validity or enforceability in that, or any other, jurisdiction of any other provision of the Terms.