BEAUTY SQUAD LOYALTY PROGRAM
TERMS AND CONDITIONS
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 (each a “Member” or “you”) can receive Loyalty Program points (“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 these Terms and on the applicable Loyalty Program page on our e.l.f. Cosmetics ecommerce websites (collectively, our “Website”) or in our mobile application (our “App”). Participation in the Loyalty Program is voluntary. You do not need to join the Loyalty Program to purchase our products (either through our Website, our App, or through a retailer). Membership is nontransferable and is subject to present and future terms and conditions. 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 and/or App. Each time you wish to use the Website and/or App, please check these Terms 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 email@example.com or call us at (888) 315-9814.
Membership in the Loyalty Program is open to individuals who are at least 16 years old and residents of the United States and residents of any country to which e.l.f. Cosmetics ships products purchased on our Website and/or App (the list of countries may be found by visiting the Webpage and clicking “Change Country” in the footer). For the avoidance of doubt, children under the age of 13 of any country are not permitted to participate in the Loyalty Program. You may not participate in the Loyalty Program if you are a Prohibited Person. A “Prohibited Person” is any person or entity that is (a) listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List; (b) located or organized in any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” (currently, the Crimea region of Ukraine, Cuba, Iran, North Korea, and Syria; such countries, “Prohibited Countries”); or (c) owned or controlled by such persons or entities listed in (a)-(b). By participating in the Loyalty Program, you represent and warrant that you meet the foregoing requirements and will not be using the Loyalty Program for any illegal activity. Please note that the Loyalty Program is available to individuals for their personal, household or family purposes (i.e., non-commercial use only). Corporations, associations, resellers, 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. Employees of e.l.f. Cosmetics, Inc. and its affiliates and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Loyalty Program. The Loyalty Program is limited to one Loyalty Program account per individual—e.l.f. Cosmetics reserves the right to terminate any or all Loyalty Program accounts held by an individual that holds multiple accounts. 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 (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 or App by following prompts to register for the Loyalty Program. Registering for an account on our Website or App will also enroll you in the Loyalty Program. To enroll, you will be required to provide your email address, first name, last name, and birthday and to 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.
Members may earn Points by making qualifying purchases of e.l.f. products or by taking certain “Point-earning” actions. For a purchase on our Website and/or App 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 how to scan receipts can be found on the Loyalty Program page on our Website or App. 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 750 Points per calendar month through qualifying purchases on our Website or App and may not earn more than 750 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 or App. 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. Cosmetics products during a “multiple Point” event). These activities will be posted on our Website or App 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 firstname.lastname@example.org or call us at (888) 315-9814. 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. Your Loyalty Program account will maintain your Points balance – you will not receive any statements from us.
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 or App. 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 and/or App. To redeem a physical Reward (such as a product), a Member must provide a valid physical address. Rewards have no cash value. 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. The expiration date of any Reward is 12 months from the date of a Member’s last activity (as defined in the section entitled “Inactivity and Deactivation/Cancellation of Accounts”).
LOYALTY PROGRAM TIERS
Once Members earn Points and reach a certain Loyalty Program tier, Members 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 applicable Loyalty Program page on our Website and/or App 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 a Member’ account, making a qualifying purchase on our Website and/or App, 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 five years of no activity. To the extent required by applicable law, we will notify the affected Member 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. 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 email@example.com. If a Member wishes to reactivate an account, a Member must contact e.l.f. Cosmetics at firstname.lastname@example.org 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 Members’ reasonable interests and notify Members 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 Members 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. Members may terminate their 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 an individual Member’s 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. You consent to the release of your personal information to third parties as necessary for our administration of the Loyalty Program.
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’ 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’ 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. You agree to notify us of any change in your name, address, e-mail address or phone number associated with your participation in the Loyalty Program at email@example.com or (888) 315-9814. 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’ 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.
LIMITATION OF LIABILITY
By enrolling in the Loyalty Program, and to the extent not prohibited by law, you acknowledge and agree that in no event will e.l.f. Cosmetics, its related companies (including any parents, subsidiaries, partners, joint ventures, distributors, administrators, predecessors, successors, or assigns), and each such company’s owners, directors, officers, employees, counsel, representatives, and agents, as well as each of their insurers, co-insurers, reinsurers, and insurance brokers, and any other persons or entities acting by, through, under, or in concert with any of them, whether in the past, present, or future (the “e.l.f. Cosmetics Parties”) be responsible or liable to you or any third party, under any theory of responsibility or liability, for any indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of data, use, or profits; business interruptions; or any other damages or losses), for any multiplier on or increase to damages, or for any costs or fees (including attorneys’ fees), whether under these terms or otherwise, arising in any way in connection with any action taken or neglected to be taken with regard to the Loyalty Program or any of its features, whether arising at law, in equity, or otherwise, and whether based in contract, strict liability, tort (including negligence or otherwise), common law, statute, equity, or otherwise, even if we have been advised of the possibility of such damage, or for any other claim, demand, or damages whatsoever, arising out of or related to the Loyalty Program. You specifically acknowledge that the e.l.f. Cosmetics Parties are not responsible for: (a) loss or misdirection of, or delay in receiving, any membership application, correspondence, information about qualifying purchases, or Rewards; (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; (c) any acts or omissions of third parties; (d) any errors published in relation to the Loyalty Program, including, without limitation, any typographical errors, errors of description, and errors in the crediting or debiting of Points from Member accounts. e.l.f. Cosmetics reserves the right to correct, without notice, any errors; or (e) any tax liability connected with receipt or use of Points or redeeming Rewards. Without limiting the foregoing, except as specifically provided otherwise in these program rules, everything regarding the Loyalty Program, including our Website, App, and the Rewards, are provided “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement or warranties that may rise from course of dealing or course of performance or usage of trade. Applicable law in some locations, such as the State of New Jersey, does not allow the waiver of implied warranties set forth above, so this provision may not apply to you. No advice or information, whether oral or written, obtained from us or through the Website or the App, will create any warranty or representation not expressly made herein. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: This section will survive termination of Member’s participation in the Loyalty Program.
You agree that you will not export or re-export, directly or indirectly, the Loyalty Program, and/or other content, tools, features, functionality, information, or materials provided by e.l.f. Cosmetics in connection with the Loyalty Program hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or You are responsible for and hereby agree to comply at your sole expense with all applicable export laws and regulations. If any software, content or other materials owned or controlled by us are distributed to you as part of the Loyalty Program, we hereby grant you a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you, in each case for the sole purpose of enabling you to participate in the Loyalty Program, as permitted by these Terms.
If you have any questions, concerns, or complaints about these Terms, please contact us here, at (888) 315-9814 or via physical mail at: e.l.f. Cosmetics, Inc.
Attn: Legal Department
Re: Loyalty Program
570 10th Street
Oakland, CA 94607