The effective date of these terms and conditions is November 11, 2020.
Catherines Rewards Program ("Program") is brought to you by FullBeauty Brands, Inc. ("FullBeauty Brands" and/or "we" or "us"). The Program is governed by these Catherines Rewards Program Terms & Conditions ("Program Terms").
ARBITRATION OF CLAIMS BETWEEN YOU AND FULLBEAUTY BRANDS. THESE PROGRAM TERMS REQUIRE BINDING ARBITRATION OF CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND FULLBEAUTY BRANDS, WAIVING CLASS ACTION CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND FULLBEAUTY BRANDS, AND WAIVING THE RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR PARTICIPATION IN THE PROGRAM IS SUBJECT TO YOUR AGREEMENT TO ARBITRATE ANY CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND FULLBEAUTY BRANDS. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY CLAIM ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND FULLBEAUTY BRANDS. SEE SECTION 18 BELOW FOR MORE DETAILS.
NEITHER COMENITY BANK NOR ITS AFFILIATES (COLLECTIVELY "BANK") ARE A PARTY TO THE PROGRAM OR THESE PROGRAM TERMS. FOR HOLDERS OF A CATHERINES CREDIT CARD WHO PARTICIPATE IN THIS PROGRAM, YOUR CREDIT CARD ACCOUNT AGREEMENT WITH THE BANK IS NOT AFFECTED BY THESE PROGRAM TERMS, AND THE REQUIREMENT TO ARBITRATE CLAIMS AND CLASS ACTION WAIVER PURSUANT TO THESE PROGRAM TERMS ARE NOT APPLICABLE TO YOUR RELATIONSHIP OR CUSTOMER AGREEMENT WITH THE BANK. YOUR CUSTOMER AGREEMENT WITH THE BANK IS SEPARATE AND INDEPENDENT FROM THESE PROGRAM TERMS, AND TERMINATION OR MODIFICATION OF ONE WILL NOT AFFECT THE OTHER. IN THE EVENT OF ANY CONFLICT BETWEEN THESE PROGRAM TERMS AND YOUR CREDIT CARD ACCOUNT AGREEMENT WITH THE BANK, THESE TERMS WILL CONTROL IN ANY MATTER RELATING TO THE PROGRAM.
A VALID EMAIL ADDRESS IS REQUIRED TO PARTICIPATE IN THIS PROGRAM.
POINTS ACCRUED UNDER THIS PROGRAM EXPIRE 12 MONTHS FROM THE DATE THEY ARE EARNED. IF YOU HAVE NOT EARNED ENOUGH POINTS FOR AN AUTOMATIC CONVERSION TO REWARDS BEFORE THE 12 MONTH EXPIRATION, THOSE POINTS WILL BE REMOVED FROM YOUR ACCOUNT. REWARDS EXPIRE AS DISCLOSED ON EACH INDIVIDUAL REWARD AND WILL BE VALID FOR A MINIMUM OF 30 DAYS. SEPARATE AWARDS (AS DEFINED BELOW) EXPIRE AS DISCLOSED AT THE TIME WE SEND NOTIFICATION OF THE SEPARATE AWARD.
By participating in the Program, you agree to these Program Terms. Void where prohibited by law.
1. General Information; Definitions; Changes. The Program is a customer-reward program that allows eligible Catherines customers (see Section 2 below for full eligibility details) who sign up for a Program Account ("Members") to earn points ("Points") on the dollars spent on qualifying purchases and for other specified activities. When you have earned the requisite amount of Points, those Points will be converted into Catherines Rewards Certificate valid on purchases across the FullBeauty Brands websites, as further described in Section 5 below (collectively, the "Rewards").
2. Eligibility & Registration. The Program is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are the age of majority in their jurisdiction of residence. You must provide us with all required information to register for a Program Account. A valid email address and phone number are required to set up a Program Account. Additional information, such as your birth month and day, will be required to receive some of the Program’s benefits. There is no cost to enroll and no purchase is necessary to enroll. When you enroll in the Program and create a Program Account, you are agreeing to receive Catherines email messages related to the Catherines Rewards Program. Members who have opted-out of receiving Catherines marketing emails Catherines will still be able to participate in the Program and receive messages about their Program Account (e.g., receiving Rewards, Points balance, usage, and news about changes to these Program Terms). There is a limit of one (1) Program Account per individual/email address/. To update your email address and phone number you can call our Customer Service team at 800-489-3616. You agree that you will not participate in the Program under more than one (1) Program Account. Corporations, groups, and associations are not eligible to register for a Program Account. Notwithstanding anything to the contrary in these Program Terms, we reserve the right to approve, deny or revoke membership in the Program to any individual at any time for any reason whatsoever. You agree to accept responsibility for all activities related to your participation in the Program and all activities that occur within your Program Account and/or using your Program Account credentials (e.g., password). You agree you will not sell, transfer, share or assign any Program membership rights or credentials. The Program Account, and Points and Rewards are not your personal property, are not descendible, and may not be inherited, bartered, purchased, or sold. You are responsible for maintaining the confidentiality of your login credentials and, for online users, for restricting access to your computer (or other device, as applicable) so that others may not access your Program Account.
3. Points and Rewards. The Program involves two important measurements: (1) Points and (2) Rewards. Points are earned when Members engage in one the following: (a) making qualifying purchases of Catherines merchandise from any FullBrands website, , or placing an order of Catherines merchandise through FullBeauty Brands’ call center in the United States (each an "Earning Purchase"); or (b) participating in other specific Member opportunities offered by FullBeauty Brands from time-to-time ("Additional Earning Activities"). Together, these are defined as “Earning Activities”. The details of an Additional Earning Activity, including a description of the conduct required, the number of Points available and any additional terms will be as communicated to the eligible Member(s) by email or in another communication from FullBeauty Brands. We may offer additional Points and benefits for Catherines Credit Card account holders who use such credit cards for Earning Activities. To remain eligible for such additional Points and benefits, your Catherines Credit Card account must be in in Good Standing with the Bank. “Good Standing” related to your Catherines Credit Card account means (1) your credit card account with the Bank is open to new charges and not over your credit limit, (2) your credit card account with the Bank is not more than 60 days past due or otherwise in default, (3) your credit card with the Bank is not flagged as lost, stolen, or fraudulent according to the Bank’s records, (4) your credit card account with the Bank is not in a hardship or workout program, and (5) you are not subject to a credit counseling arrangement relating to your credit card account with the Bank.
Earning Activities only count towards the earning of Points once you have a valid Program Account. In order to earn Points for an Earning Purchase on Catherines.com, you must be signed into your Program Account upon checkout. In order to earn Points on an Earning Purchase through the FullBeauty Brands call center, you must provide your email address and phone number associated with your Program Account to the call agent when asked. Members do not earn Points on purchases of a gift card, but do earn Points upon redemption of a gift card. Points are not accrued for non-Catherines merchandise, previous purchases, existing special orders, certain charity items, birthday services, gifts-with-purchase, giveaways, coupons, credit card payments, purchase or renewal of perks memberships, layaway items, processing charges, delivery surcharges, shipping and handling, taxes, or state fees and any other applicable governmental fees, and are calculated after deduction of any discounts. Points may not be retroactively applied to purchases made without presenting the required information at time of purchase. Points are also not earned on unauthorized or fraudulent charges or purchases made by, or for, a business/group or for a business purpose. Use of a Reward or store credit does not earn Points.
Points for Earning Purchases through FullBeauty Brands’ websites or call center qualify for Points as items ship, which means that items in the same transaction that are shipped separately will qualify for Points as each ships and such Points will appear in your Program Account approximately thirty (30) days of the last item(s) shipped. The timing of Point qualification for Additional Earning Activities may vary, but will appear in your Program Account within approximately thirty (30) days of your completion of an Additional Earning Activity. You may view your Program Account summary activity by logging-into your account at Catherines.com and going to the Program Account area or by calling our Customer Service team at 1-800-489-3616.
After your Points are automatically converted to Rewards, those Points will be removed and the corresponding Rewards will be sent to you via email, and accessible on your Program Account online (or by other means in our sole discretion), approximately 30 days after the conversion. If you earn multiple Rewards at a time, they will be combined and included within one (1) email/certificate. Rewards will be issued with unique promo codes that can be used online or through our call center, as described in Section 5 below (each, a "Reward Coupon Code"). Each Reward Coupon Code may be used once by the Program Account holder.
Points will be converted on a "first in, first out" basis, such that the first Points earned will be the first Points converted to a Reward. Once converted, your Points balance will be reduced by the number of Points used to obtain the Reward(s). In the event a return, refund, or credit adjustment results in insufficient Points for the Rewards converted, the conversion may not be fulfilled. If the Reward is fulfilled and we later discover that you did not have sufficient Points for the Rewards in your Points balance, in addition to any other actions we may take, future Points earnings will be applied to the Rewards until such time as sufficient Points are earned to cover the redemption of the Rewards. Points will not be converted into Rewards until you again have a positive balance. Points you earn may not be combined with Points earned by anyone else for purposes of receiving Rewards, or any other purposes. Points earned have no cash value, and cannot be purchased, sold, bartered or redeemed for cash, unless required by applicable law. If Points earned are determined to be unauthorized or fraudulent, you will not earn a Reward for those Points.
See Exhibit A for current information regarding benefits, how Points are calculated, how many Points must be accrued to earn a Reward, and the value of a Reward (collectively, "Program Details"). We may change the manner in which Points are calculated, how many Points must be accrued to earn a Reward, and the value of a Reward at any time.
4. Point Expiration and Forfeiture. Points not converted will be carried over to the following statement period. However, Points will expire 12 months after the date that they are earned. Once Points expire, they will not be converted to Rewards. Except as otherwise provided by applicable law, you will also forfeit your unused and unexpired Points if you violate or attempt to violate the prohibitions on the transfer of Points or Rewards, if you file for bankruptcy, or if you breach these Program Terms. You will not be entitled to and will not receive any compensation from us for your Points that expire or are forfeited.
5. Rewards. Each Member is Limited to use of ten (10) Reward Coupon Codes per day, regardless of overall value. Except where required by applicable law, Rewards and Points have no monetary or cash value and may not be redeemed for cash or, except under the Program, any cash equivalent. Rewards expire as disclosed on each individual Reward and will be valid for a minimum of 30 days. . Separate Awards expire as disclosed at the time we send notification of the Separate Award. A Reward may be applied to an "Authorized Purchase" which is defined as purchases of FullBeauty Brands merchandise on any FullBeauty Brands website for orders shipped to addresses in the United States, and through the FullBeauty Brands call center for orders shipped to addresses in the United States, as long as the Program Account is in good standing, and the Reward has not expired; except that a Reward may not be applied to purchase of gift cards, purchase or renewal of perks memberships, or credit card payments, retroactively in connection with any prior purchases or orders, certain charity items, , coupons, layaway items, processing charges, delivery surcharges, shipping and handling, taxes, or state fees and any other applicable governmental fees. Rewards will be redeemed in United States dollars. Each Reward must be used in one purchase. Any remaining unused amount of a redeemed Reward will be forfeited (and no change will be given). Likewise, the Member using a Reward is responsible for all charges in excess of the value of the Reward.
The Reward will be in addition to other promotional credits or discounts offered at the time of purchase, including those related to the Catherines Perks Program (see https://www.catherines.com/help-page?cid=ca-custserv-perks for the Catherines Perks Program Terms and Conditions) (collectively, "Other Rewards"), unless otherwise stated in the Other Rewards. The Reward will be applied after all Other Rewards are applied to the Authorized Purchase, unless otherwise stated in the Other Rewards. FullBeauty Brands reserves the right to require the person using a Reward to show proof that they are the person associated with the Reward.
o Online: To use a Reward when making an Authorized Purchase on any of the FullBeauty Brands websites, you must select from at least one (1) of the available Rewards to be applied to the order and enter the Rewards Certificate number in the “Rewards” section at checkout
o Call Center: To use a Reward when making an Authorized Purchase through FullBeauty Brands’s call center, you must provide the call center agent with the email address and phone number associated with your Program Account and tell the agent the Reward Certificate number that you would like to use.
FullBeauty Brands may choose, at FullBeauty Brands’s sole discretion, to offer separate and additional rewards to specific customers ("Separate Awards"). The terms and conditions for Separate Awards (such as where these Separate Awards may be redeemed), if any, will be disclosed at the time we send notification of the Separate Awards.
6. Communications. We may communicate with you regarding any matter related to the Program by mail, telephone, or electronic communication. You may update your contact information at www.catherines.com (currently located under the "my account" area, which you can access once you have logged onto your Program Account online), or by calling 1-800-489-3616. We are not responsible for communications, including Rewards and Points, lost due to change of email address or other contact information or unavailable connections.
7. Program Activity and Customer Service. You can view your Point summaries (including the number of unused and unexpired Points in your Points balance) on www.Catherines.com or via email communication we send to you. If you want to know whether a Reward was properly redeemed, the status of a redemption, or whether you earned Points from a particular transaction, or to ask any other question regarding the Program, call us at 1-800-489-3616.
8. Limited Liability and Indemnification. Unless otherwise required by law, neither FullBeauty Brands, nor any of our affiliates (collectively "FullBeauty Brands Businesses") or any of their respective officers, directors, employees, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Program; (b) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (c) any taxes that you incur as a result of receiving or redeeming Points or Rewards. Notwithstanding the foregoing, any liability that we may have to you in connection with the Program will be limited to the amount of any Points you have earned in accordance with these Program Terms.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT HAVE ANY LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF YOU OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF REVENUE, DATA OR PROFITS ARISING UNDER OR WITH RESPECT TO THESE PROGRAM TERMS OR THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THESE PROGRAM TERMS OR THE PROGRAM WILL IN NO EVENT EXCEED THE AMOUNT OF ANY POINTS YOU HAVE EARNED IN ACCORDANCE WITH THESE PROGRAM TERMS. YOU AGREE THAT ALL CLAIMS MADE HEREUNDER BY YOU AGAINST US WILL BE MADE WITHIN 120 DAYS OF THE ACT OR OMISSION THAT FORMS THE BASIS OF SUCH CLAIMS.
EACH MEMBER UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE FULLBEAUTY BRANDS BUSINESSES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM.
9. No Warranties. THIS PROGRAM IS MADE AVAILABLE TO YOU, ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WITH REGARD TO THE PROGRAM, THE OPERATION AND MAINTENANCE OF THE PROGRAM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.
10. Changes to these Program Terms and Termination of the Program. We reserve the right to modify, restrict, suspend, or otherwise change any aspect of the Program, and/or these Program Terms from time-to-time, including without limitation, the eligibility conditions for participation in the Program, the manner in which Members participate, the manner and rates at which Points and Rewards are earned and redeemed, redemption mechanisms, or what constitutes an Earning Activity, with reasonable notice to Program Members. We will notify you of changes to these Program Terms by posting them to https://www.catherines.com/c/catherines-terms-conditions.html and may also notify you by email or mail to the address then associated with your Program Account, and/or using any other contact information we may have for you. The updated Program Terms will be effective as of the time of posting, or upon such later date as specified by FullBeauty Brands. The updated Program Terms will apply to your participation in the Program beginning as of their effective date, or upon such later date or by such other method as specified by FullBeauty Brands. Should you not agree to such an amendment, you may cancel your participation in the Program as set out in Section 11. EXCEPT WHERE EXIGENCIES REQUIRE A SHORTER TIMEFRAME, WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM COMPLETELY BY PROVIDING YOU WITH SIXTY (60) DAYS' NOTICE OF THE IMPENDING TERMINATION.
11. Cancelling Program Participation. You can cancel your participation in the Program by calling 1-800-489-3616. If you cancel your participation in the Program, you will no longer earn Points and Rewards and you will forfeit your unused and unexpired Points and Rewards.
13. Loss of Points and Rewards; Termination of Your Program Account. In addition to termination of the Program pursuant to Section 10, above, we may also revoke your ability to participate in the Program for: (i) your abuse of the Program, including, without limitation, your use of any "bot," macro, or other automated means to participate in the Program or to earn Points or Rewards; (ii) your failure to follow these Program Terms and any other terms and conditions applicable to the Program; (iii) the attempted or actual sale or transfer of any of your Points, Rewards, or your Program Account; (iv) any misrepresentation by you; or (v) any other conduct deemed by us, in our sole discretion, to be an abuse of the Program, to be detrimental to our interests or our customers, or to be otherwise improper. If your ability to participate in the Program is revoked, any unused Points or Rewards will automatically expire and your future participation in the Program may be prohibited. In addition, we will have the right to take appropriate administrative or legal action, including criminal prosecution, as we deem necessary in our sole discretion.
We are not responsible for Points or Rewards that expire, are lost or are redeemed due to fraudulent activity. Suspected illegal, fraudulent or other unauthorized use or misuse of Points or any other activity inconsistent with these Program Terms will result in termination of your participation in the Program, which may result in the loss of all accumulated Points earned and Rewards issued but not yet redeemed.
You agree to abide by our final and binding decisions regarding the Program and your participation in it. We are the sole arbiter of all issues relating to the Program, including a decision to remove Points or Rewards, and all of our decisions relating to the Program are final.
14. Not Transferable. Points and Rewards are not your property and are not transferable to anyone or any entity by operation of law or otherwise. Points and Rewards may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold, purchased, or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering Points or Rewards, either wholly or partially, will be liable for payment of the applicable full retail price of any Rewards obtained with them, as well as all damages, including, but not limited to consequential damages, transaction costs, third party damages, and litigation costs (including attorney's fees and costs at trial and on appeal and in any bankruptcy proceeding). Any brokered, bartered, altered, sold, or purchased Points or Rewards will likewise be void and may be deducted from your Points balance. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
15. Taxes. You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Points or Rewards. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
16. Severability. If a court of competent jurisdiction or any government agency determines that any provision of these Program Terms is invalid, void or unenforceable, that provision will continue to be enforceable to the extent permitted by law, and the remainder of that provision will no longer be considered as part of these Program Terms. However, all other provisions will remain in full force and effect.
17. Governing Law. The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of New York, without any reference to its choice of law provisions.
18. ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION. TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH YOU AND FULLBEAUTY BRANDS WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE FULLBEAUTY BRANDS BUSINESSES SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR'S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS PROGRAM WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES PROCEDURES OF JAMS INC. ("JAMS") OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A "DEMAND FOR ARBITRATION," THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN NEW YORK, NEW YORK, BUT ONLY IF JAMS RULES SO REQUIRE. THE FEDERAL OR STATE LAW THAT APPLIES TO THESE PROGRAM TERMS WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN NEW YORK, NEW YORK. EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE PROGRAM.
FOR HOLDERS OF A CATHERINES CREDIT CARD WHO PARTICIPATE IN THIS PROGRAM, THE REQUIREMENT TO ARBITRATE CLAIMS AND THE CLASS ACTION WAIVER CONTAINED IN THIS PROVISION ARE NOT APPLICABLE TO YOUR RELATIONSHIP OR CUSTOMER AGREEMENT WITH THE BANK. THE BANK IS NOT A PARTY TO THIS ARBITRATION/CLASS ACTION WAIVER PROVISION, THE PROGRAM, OR THESE PROGRAM TERMS, AND YOUR CUSTOMER AGREEMENT WITH THE BANK IS NOT AFFECTED BY THESE PROGRAM TERMS.
19. Points Disputes. If you believe that a purchase made or other activities should have resulted in the addition of Points to your accumulated Points balance, and such Points are not reflected in the accumulated Points balance within sixty (60) days of the date on which the purchase was made ("Points Dispute"), notify us immediately by calling our Customer Service team at 1-800-489-3616. We will use reasonable efforts to investigate your Points Dispute so long as you notify us of such dispute within ninety (90) days of the posting date of such purchase. In order for us to undertake an investigation of your Points Dispute, we may require you to provide written confirmation of the dispute. If we do not receive the requested written confirmation at the address and within the time requested by us, we may in our sole discretion determine not to investigate your Points Dispute. Our transactional records will be considered conclusive if there is a Points Dispute.
20. General Information. Participation in the Program is unauthorized in any jurisdiction where all or any portion of this Program may violate any legal requirements and you agree not to participate in the Program in any such jurisdiction. You are responsible for compliance with applicable laws. Our performance under these Program Terms will be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.
The FullBeauty Brands performance of these Program Terms is subject to applicable laws and legal process, and nothing contained in these Program Terms is in derogation of FullBeauty Brands’ right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by FullBeauty Brands with respect to such participation.
These Program Terms constitute the entire agreement between you and FullBeauty Brands with respect to the Program. These Program Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Program. If there is a discrepancy between a printed version of these Program Terms (such as Program Terms sent in the mail) and the electronic/online version posted at www.catherines.com, the electronic/online version will control. No modification of these Program Terms will be effective unless it is authored by FullBeauty Brands or its affiliates, or unless it is physically signed by a FullBeauty Brands officer. We may waive any obligation you have under these Program Terms without losing our right at a later time to enforce that same obligation. Furthermore, any alleged waiver of any breach of these Program Terms will not be deemed to be a waiver of any future breach. We can delay enforcing our rights under these Program Terms or delay taking any action (for any reason) without losing our rights. If we take any other action, we will not lose any rights under these Program Terms. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing. A printed version of these Program Terms and/or of any notice given by FullBeauty Brands in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Program Terms or your participation in the Program to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by FullBeauty Brands in printed form.
21. Contact Us. If you have any questions about your Program Account or the Program, please call us at 1-800-489-3616 or email us at email@example.com .
22. EXHIBIT A
The number of Points earned depends on the type of membership and whether a Catherines Credit Card is used for the purchase. Below are details of how to qualify for each tier of membership and associated Points, Rewards and benefits. Members who meet the spend threshold for Select or Elite tier membership as described below will immediately qualify for the corresponding membership tier.
Qualifying for Classic: If you make between $0 and $349.99 in Earning Purchases using your Program Account, you qualify for Classic membership.
10 Points for every $1.00 US made on Earning Purchases* using Program Account (without StoreCredit Card account)
15 Points for every $1.00 US made on Earning Purchases* using Program Account (with use of Store Credit Card account for the transaction)
3,000 Points = $10.00 Reward
Classic Rewards: Rewards are currently issued in ten-dollar ($10.00 US) increments.
Qualifying for Select: To qualify for Select membership, you must make between $350 and $799.99 in Earning Purchases using your Program Account within a calendar year. If you do not make $350 in Earning Purchases in the calendar year following the year that you obtained Select membership status, the beginning of the next calendar year you will be downgraded to Classic membership.
15 Points for every $1.00 US made on Earning Purchases* using Program Account (without Store Credit Card account)
20 Points for every $1.00 US made on Earning Purchases* using Program Account (with use of Store Credit Card account for the transaction)
3,000 Points = $10.00 Reward
Select Rewards: Rewards are currently issued in ten-dollar ($10.00 US) increments.
Qualifying for Elite: To qualify for Elite membership, you must make more than $800 in Earning Purchases using your Program Account within a calendar year. If you do not make more than $800 in Earning Purchases within in the calendar year following the year that you obtained Elite membership, the beginning of the next calendar year you will be downgraded to Select or Classic membership depending on the amount purchased.
20 Points for every $1.00 US made on Earning Purchases* using Program Account (without Store Credit Card account)
25 Points for every $1.00 US made on Earning Purchases* using Program Account (with use of Store Credit Card account for the transaction)
3,000 Points = $10.00 Reward
Elite Rewards: Rewards are currently issued in ten-dollar ($10.00 US) increments.
- *Points are calculated based on the purchase price of any goods and/or services made at the time of purchase, after discounts and coupons and before taxes and fees are applied. Does not include purchases made prior to your participation in the Program. Points may not be awarded retroactively; so even if you are a Program Member, you must associate your Program Account at the time of purchase. If you return a purchase for which you earned Points in accordance with the FullBeauty Brands current return policy, the Points associated with your Program Account may be reduced by the number of Points equivalent to the amount of the refund you receive. In the event of an even exchange, any Points earned in association with the original purchase will remain. In the event of an exchange of an item of lesser value, the difference in value from your original purchase will be deducted from your Program Account. Such deductions may result in a negative Points balance, in which case, any Points you earn will be applied to reduce that balance and your Points will not be converted until you again have a positive balance. In the event of an exchange for an item of greater value, any additional expenditure will accrue Points in accordance with these terms. Any new promotional offers in effect at the time of an exchange, will not apply, nor modify your Program Account balance. Points will be rounded down to the nearest whole dollar amount of each qualifying purchase (ex: a qualifying purchase of $5.61 made as a Classic Member without use of a Store Credit Card will earn fifty (50) points). We may from time to time make special offers for you to earn additional Points on specific purchases. The terms and conditions for such special offers (such as which purchases qualify and the number of additional Points you may earn), if any, will be disclosed at the time of the offer. Please check those terms and conditions carefully, as there may be important conditions or limitations (such as blackout periods, point limitations or exclusions). In addition, we may offer Additional Earning Activities to earn Points as described in Section 3 of the Program Terms. We reserve the right to verify and adjust Points at any time prior to or following posting or redemption.
- Benefits: in addition to exclusive promotional offers that FullBeauty Brands may offer from time to time as determined in FullBeauty Brands’s sole discretion,
o Classic Member Shipping with Use of Store Credit Card Account for the Transaction: Free standard shipping and handling to home on Earning Purchases of one hundred dollars ($100.00 US) or more (with use of Store Credit Card account for the transaction).
o Select Member Shipping with Use of Store Credit Card Account for the Transaction: Free standard shipping and handling to home on Earning Purchases of seventy-five dollars ($75.00 US) or more (with use of Store Credit Card account for the transaction).
o Elite Member Shipping: All Elite Members receive free standard shipping and handling to home on Earning Purchases of one hundred dollars ($100.00 US) or more. Elite Members who use a Credit Card account for a transaction receive free standard shipping and handling to home on all purchases (there is no minimum purchase dollar amount).
- Birthday Offers: Members must supply FullBeauty Brands with the month and day of their birthday in their Program Account in order to receive the birthday benefits. The type and value of birthday benefit are within FullBeauty Brands’ sole discretion. Accounts opened on the month of your Birthday or the month preceding your birthday will begin receiving the birthday benefit the following calendar year. Member will receive an email at the beginning their birthday month with their offer.
- Best Customer Exclusive Access: Elite Members receive opportunities to hear about advance sale notifications, early shopping experiences and more.