Legal Information: Elizabeth Arden Company Store Customer Loyalty Program Terms and Conditions

ELIZABETH ARDEN COMPANY STORE CUSTOMER LOYALTY PROGRAM TERMS & CONDITIONS

Effective Date: September 16, 2013

Subject to the terms and conditions ("Terms & Conditions") set forth below, members of the Elizabeth Arden Company Store Customer Loyalty Program ("Elizabeth Arden Company Store Loyalty Program" and "Program") will earn points in connection with qualifying purchases at participating company stores that are redeemable towards future qualifying purchases.

PROGRAM MEMBERSHIP
1. ELIGIBILITY: NO PURCHASE IS NECESSARY TO JOIN THE ELIZABETH ARDEN COMPANY STORE LOYALTY PROGRAM. You must be age at least eighteen (18) years of age or older and a resident of the United States to be eligible for membership in the Program. Persons under the age of eighteen (18) years of age, or older depending upon the age of majority in their home state of residence (collectively, "Minors"), must obtain the consent of their parent or legal guardian prior to participation in the Program. The Program is limited to individual membership only, and is limited to one membership account per individual.
  
  Employees of Elizabeth Arden, Inc., ("Elizabeth Arden") and its parents, subsidiaries, affiliates, and divisions, and the officers, directors, shareholders, agents, employees, representatives, associates, successors and assigns (collectively, "EA Entities") of each such entity, are not eligible for membership in the Program.
  
  The Program is void where prohibited or restricted by law. Program accounts are not transferable and are not for sale, resale, or barter. Elizabeth Arden and its affiliates may also have other similar customer loyalty programs; membership in the Elizabeth Arden Company Store Loyalty Program does not confer any rights or benefits in any other programs of Elizabeth Arden or its affiliates.
2. ENROLLMENT: BY PROVIDING YOUR INFORMATION FOR PARTICIPATION IN THE PROGRAM, YOU AGREE, OR IN THE CASE OF MINOR PARTICIPANTS THE PARENT OR LEGAL GUARDIAN OF SUCH MINOR PARTICIPANT AGREES, TO BE BOUND BY THESE TERMS & CONDITIONS IN THEIR ENTIRETY.
  
  In order to become a member of and participate in the Program, you must provide mandatory minimum personally identifiable information, including your first name, last name, email address, mailing address, and phone number.
3. PRIVACY/DATA COLLECTION: Elizabeth Arden collects and uses the personal information you provide to enable members of the Program to participate in the Program and for the purpose of administering the Program. All such personally identifiable information ("PII") is subject to Elizabeth Arden's Privacy Policy, which can be found at http://www.elizabetharden.com/Privacy-Policy/privacy-and-policy,default,pg.html. BY SUBMITTING AN APPLICATION FOR THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND CONSENT TO ELIZABETH ARDEN'S PRIVACY POLICY AND ITS TERMS OF USE. UNLESS YOU SPECIFICALLY OPT-IN TO USE OF YOUR DATA TO RECEIVE FUTURE MARKETING AND PROMOTIONAL COMMUNICATIONS, YOUR DATA WILL BE USED ONLY FOR THE PURPOSE OF ADMINISTERING THE PROGRAM.
  
  You may opt-in to the collection and use by Elizabeth Arden of your data for the purpose of Elizabeth Arden sending you future marketing and promotional communications unrelated to the Program. By opting-in, you specifically consent to the use of your personal information in such manner. Such consent is not required to become or remain a member of the Program, and will not entitle you to additional benefits under the Program. You may opt-in to such communications at http://www.elizabetharden.com. The collection and use of the data you provide via opt-in is subject to Elizabeth Arden's Privacy Policy, which can be found at http://www.elizabetharden.com/Privacy-Policy/privacy-and-policy,default,pg.html.
4. PARTICIPATING ELIZABETH ARDEN COMPANY STORES: Currently, the Elizabeth Arden Company Store Loyalty Program is available at the following Elizabeth Arden Company Stores ("Participating Stores") only:
  
  Arizona:
  Glendale Tanger Outlets
  6800 N. 95 Ave
  Glendale, AZ 85305
  
  Florida:
  Dolphin Mall
  11401 NW 12th St
  Miami, FL 33172
  
  Orlando Premium Outlets - Vineland
  8200 Vineland Ave
  Orlando, FL 32821
  
  Orlando Premium Outlets - Intl Dr
  4955 International Dr
  Orlando, FL 32819
  
  Sawgrass Mills
  2604 Sawgrass Mills Circle
  Sunrise, FL 33323
  
  Ellenton Premium Outlets
  5383 Factory Shops Blvd
  Ellenton, FL 34222
  
  Georgia:
  North Georgia Premium Outlets
  800 Highway 400 South
  Dawsonville, GA 30534
  
  Nevada:
  Las Vegas Premium Outlets – South
  7400 Las Vegas Blvd South
  Las Vegas, NV 89123
  
  New York:
  Woodbury Common Premium Outlets
  214 Red Apple Court
  Central Valley, NY 10917
  
  Riverhead Tanger Outlets
  1770 West Main Street
  Riverhead, NY 11901
  
  Pennsylvania:
  Lancaster Tanger Outlets
  307 Stanley K. Tanger Blvd
  Lancaster, PA 17602
  
  Texas:
  Houston Premium Outlets
  29300 Hempstead Road
  Cypress, TX 77433
  
  San Marcos Premium Outlets
  3939 IH-35 South
  San Marcos, TX 78666
  
  Texas City Tanger Outlets
  5885 Gulf Freeway
  Texas City, TX 77591
  
  Virginia:
  Williamsburg Premium Outlets
  5699-36 Richmond Road
  Williamsburg, VA 23188
  
  Participating Stores may change. It is your responsibility to check with individual stores before making a purchase or redeeming points to confirm current participation in the Program.
5. HOW TO OPEN AN ACCOUNT: Currently, you may apply to open a membership account ("Account") only in person at Participating Stores.
6. UNIQUE MEMBERSHIP IDENTIFIER: Each Program member ("Member") will be assigned a unique customer account ("Account"), identifiable in-store by provision of the Member's name, email address, phone number, address, and/or a combination thereof. Members will not receive a membership card or membership number – Member Accounts will be identified by Member name and email address. In order to receive credit for Qualifying Purchases (as defined below), to inquire about Account balance, and/or to update or change your personal data, you must speak with an in-store sales associate. Members may be requested to show suitable identification in order to assist with verification of Account ownership and to assist with the protection and safeguarding of personal information.
7. HOW TO UPDATE MEMBER INFORMATION: Members are responsible for keeping the personal information associated with their corresponding Account, including email address, address, and phone number, current by visiting any Participating Store and speaking with an in-store sales associate or by contacting Elizabeth Arden at companystores@elizabetharden.com. From time to time, Elizabeth Arden may obtain change of address updates from other sources such as the U.S. Postal Service, and may use such notification to update the corresponding Account, but is not obligated to do so.
8. ACCOUNT CANCELLATION: You may cancel your Account/Membership and participation in the Program at any time by visiting a Participating Store and speaking personally with an in-store sales associate or by contacting Elizabeth Arden at companystores@elizabetharden.com. Members may be requested to show suitable identification in order to assist with verification of Account ownership and to assist with the protection and safeguarding of personal information. Upon cancellation, any unused points accrued in your Account will be forfeited and cannot be redeemed.
  
  FURTHER, ELIZABETH ARDEN MAY CANCEL YOUR ACCOUNT IF, IN ITS SOLE DISCRETION, ELIZABETH ARDEN DETERMINES THAT: YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS FOR MEMBERSHIP STATED IN THESE TERMS & CONDITIONS; YOU OBTAINED OR MAINTAINED MEMBERSHIP BY MEANS OF FRAUD OR OTHER DECEPTIVE PRACTICE; AND /OR YOU ARE IN VIOLATION OF THESE TERMS & CONDITIONS.
HOW TO EARN POINTS
1. GENERAL TERMS: Members can earn Program Reward Points ("Reward Points") by making a qualifying purchase ("Qualifying Purchase") at Participating Stores. When making a purchase, you must FIRST provide your Account information, such as your email address, name, address, and/or phone number to the in-store sales associate at the register, so that the sales associate make locate, confirm, and properly credit your Account. Purchases made without first identifying and confirming your Account information are not eligible to earn or receive Reward Points.
2. EARNING POINTS AND POINT CALCULATION: All Members earn one (1) point for every one dollar ($1) spent when they: (i) purchase qualifying products ("Qualifying Products") at Participating Stores (i.e., make a Qualifying Purchase), AND (ii) provide and have a sales associate confirm their Account information at the time of the Qualifying Purchase.
  
  Reward Points are rounded up to the nearest dollar amount. For example, if you spend $9.99, you will receive 10 points. Calculation is as follows: $9.99 x 1 point per dollar = 9.99 points, which is rounded up to 10 points.
3. ACCRUAL AND CONFIRMATION OF POINTS EARNED: Reward Points will be credited to your Account immediately at the time of the corresponding Qualifying Purchase. For all Qualifying Purchases, the amount of Reward Points earned during a Qualifying Purchase transaction will be reflected on your receipt for that transaction.
  
  ALWAYS CHECK YOUR RECEIPT AT THE TIME OF PURCHASE: Your Reward Point total for a Qualifying Purchase will be reflected on your receipt only in the form of your Qualifying Purchase total (rounded up to the nearest dollar amount), and not in the form of a separate Reward Point field. You may check you Reward Point total at any time in-person at participating stores. If your Qualifying Purchase total is not reflected, or otherwise appears incorrect, it is your responsibility to immediately notify an in-store sales associate to have the situation reviewed and addressed. Occasionally, there may be point-of-sale or system unavailability or other technical issues that limit the ability to reflect on the receipt the Qualifying Purchase total. Elizabeth Arden assumes no responsibility for such system unavailability or technical difficulty after you have left the point of sale. FOR THE SAKE OF CLARITY, MEMBERS ARE SOLEY RESPONSIBLE FOR NOTIFYING A SALES ASSOCIATE AT THE TIME OF PURCHASE OF ANY ACTUAL OR PERCEIVED DISCREPENSIES OR OMMISSIONS WITH REGARD TO THE QUALIFYING PURCHASE TOTAL. IF ADJUSTMENTS ARE WARRANTED, IN THE SOLE DETERMINATION OF ELIZABETH ARDEN, THEN ADJUSTMENTS WILL BE MADE ACCORDINGLY. ADJUSTMENTS WILL NOT BE MADE AT ANY TIME OTHER THAN AT THE TIME OF PURCHASE.
4. EXCLUSIONS: Members earn Reward Points only on the purchase of Qualifying Products at Participating Stores. Products deemed Qualifying Products are in the sole discretion of Elizabeth Arden. The following products, items, charges, and purchases are SPECIFICALLY EXCLUDED as Qualifying Products and/or Qualifying Purchases: gift cards; gift certificates; voucher redemptions; returned items; department store and other retailer purchases; Red Door Spa purchases; Internet purchases; previous purchases; shipping and handling charges; and all taxes, including without limitation, federal, state, and local taxes or use taxes. Reward Points will be earned only on the actual price of an item at the time of purchase, and not on any other original, previous, suggested retail, or manufacturer's suggested price.
  
  The following purchases are also SPECIFICALLY EXCLUDED from earning Reward Points: (i) purchases made by a Member prior to joining the Program; and (ii) purchases made without first identifying and confirming your Account information.
5. EARNING POINTS THROUGH REDEMPTION OF GIFT CARDS: Redemption of gift cards by a Member who identifies and confirms their Account information at the time of redemption of the gift certificate will earn Reward Points for the amount of Qualifying Purchases made in the corresponding transaction.
6. RETURNS: Reward Points earned pursuant to a Qualifying Purchase that correspond to a subsequent return, refund, returned check due to non-sufficient funds, or other credit will be deducted from the Member's account in an amount equal to the Reward Points earned for the original transaction, including bonus points (if any). If a return causes your Account to have a negative point balance, ONLY a store credit will be issued on the return regardless of your original form of payment.
7. BONUS REWARD POINTS: Participating Stores may run certain bonus point promotions ("Bonus Point Promotions") under which Members can earn additional or bonus points ("Bonus Points") in connection with the purchase of certain Qualifying Products or in connection with other specially designated, limited time promotions such as specially designated bonus reward shopping days ("Bonus Reward Days.") During and in connection with such Bonus Point Promotions and Bonus Reward Days, Members will earn bonus points on each Qualifying Purchase only as specified in the corresponding offer. Bonus Point Promotions and Bonus Reward Days are subject to the terms and conditions of the corresponding offer and may be offered at any time in Elizabeth Arden's sole discretion.
  
  Bonus Point offers cannot be combined with any other offer unless specifically stated otherwise under the terms and conditions of the corresponding Bonus Point Promotion or Bonus Reward Day. If, during a Bonus Point Promotion or a Bonus Reward Day, a Member makes a Qualifying Purchase and any of the Qualifying Products, or the purchase otherwise comes with an additional free product(s), Bonus and or Rewards Points will not be issued on the retail or any other value of the free product(s).
HOW TO REDEEM REWARD POINTS
1. GENERAL: Reward Points earned by a Member may be redeemed only for future purchases at Participating Stores in accordance with the specific terms and conditions set forth below and contained elsewhere herein.
2. REDEMPTION TERMS AND CONDITIONS:
  1. Members will receive a 10% off reward coupon ("Reward Coupon") for every $500 earned on Qualifying Purchases;
  2. Reward Coupons are good for 10% off of an entire purchase, or for 10% off the combined total value of Qualifying Products contained in the corresponding redemption transaction, whichever is less;
  3. Reward Coupons will be issued at the time of the Qualifying Purchase in which Members achieve/accrue $500 or more in Reward Points;
  4. Reward Coupons are valid only on future purchases beginning five (5) days after award of the Reward Coupon;
  5. Reward Coupons expire one hundred and twenty (120) days after issue;
  6. Reward Coupons cannot be combined with any other coupon or offer;
  7. Members must present their Reward Coupon at the time of purchase in order to redeem;
  8. If a Member earns more than one Reward Coupon, such Reward Coupons may only be redeemed one purchase at a time and MAY NOT be combined/redeemed in a single transaction;
  9. Reward Points accumulated on different Accounts of different Members MAY NOT be combined or aggregated;
  10. Reward Points may be redeemed on the purchase price of products only and cannot be used towards the payment of any taxes, shipping/handling charges, or other fees and charges.
OTHER TERMS & CONDITIONS / LIMITATION OF LIABILITY
1. GENERAL: BY JOINING THE ELIZABETH ARDEN COMPANY STORE LOYALTY PROGRAM, YOU SPECIFICALLY ACKNOWLEDGE, AGREE, AND CONSENT TO BE BOUND BY THESE TERMS & CONDITIONS.
  
  Elizabeth Arden reserves the right, in its sole discretion and at any time, to cancel, modify, or restrict the Program, in whole or in part, or any aspect of the Program, in whole or in part, including, without limitation, Membership eligibility requirements, the Reward Point earning/accumulation ratio, the Reward Point redemption policy, and the Reward Point expiration policy. Elizabeth Arden may take any such action(s) without advance notice. Elizabeth Arden may make such changes even though such changes may affect the ability of Members, individually or collectively, to use Reward Points and Reward Coupons already accumulated. At all times, Members are solely responsible for remaining knowledgeable about, and in compliance with, these Terms & Conditions.
  
  Elizabeth Arden reserves the right to determine the amount of Reward Points in any Member's Account based on Elizabeth Arden's internal records related to such Member's Account. A Member's Reward Points balance, as reflected in Elizabeth Arden's records, shall be deemed correct. In the event of an inconsistency between the amount of Reward Points accrued in a Member's Account as may be stated on any Member's receipt and Elizabeth Arden's internal records, Elizabeth Arden's internal records will control. Elizabeth Arden assumes no responsibility for errors caused by incorrect Member information. REWARD POINTS AND REWARD COUPONS ARE NON-TRANSFERABLE AND CANNOT BE REDEEMED FOR CASH. The transfer and/or sale of Reward Points is strictly prohibited, and may result in the confiscation or cancellation of your Reward Points as well as suspension or termination of your Membership.
  
  Elizabeth Arden in its sole discretion may revoke any Member's Membership in the Program at any time if such Member engages in abuse of the Program or fails to follow the Terms & Conditions of the Program. Fraud or abuse relating to the accrual of Reward Points or redemption of Reward Points / Reward Coupons may result in revocation of Membership in the Program and may affect a Member's eligibility for participation in any other Elizabeth Arden program. The interpretation and application of the Program's Terms & Conditions are at the sole discretion and determination of Elizabeth Arden.
2. LIMITATION OF LIABILITY:
3. GOVERNING LAW: The Program is created and controlled by Elizabeth Arden, Inc., in the State of Florida, U.S.A. As such, the laws of the Florida will govern the Program and these Terms & Conditions in all respects, without giving effect to any principles of conflicts of laws. YOU HEREBY CONSENT (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN HEREBY CONSENTS) TO THE EXCLUSIVE JURISDICTION OF COURTS LOCATED IN THE STATE OF FLORIDA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE PROGRAM.
4. MANDATORY ARBITRATION: Please read this carefully. This agreement affects your rights. This Agreement only applies to purchases made at EA Participating Stores as defined below.
  1. By agreeing to purchase products from ELIZABETH ARDEN ("EA" is defined below), YOU ("You" is defined below) AGREE TO THE TERMS AND CONDITIONS OF THE EA ARBITRATION POLICY.
  2. EA and you agree that this agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.
  3. EA and You agree that any and all claims ("claims" is defined below) between you and EA relating in any way to your purchase of Products at EA Participating Stores shall be submitted to binding arbitration before the American Arbitration Association ("AAA") in accordance with the AAA Commercial Arbitration Rules and Supplementary Procedures for resolution of consumer related disputes ("AAA rules"), and judgment may be entered on the arbitration award by a court of competent jurisdiction. You and EA agree that claims submitted to arbitration will be decided by a single arbitrator who must be on the AAA Roster of Commercial Arbitrators and selected in accordance with AAA Rules. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator.
  4. EA AND YOU AGREE THAT CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. EA AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION. FURTHERMORE, EA AND YOU AGREE THAT NEITHER OF US, NOR ANY OTHER PERSON, MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION NOR MAY ANY SUCH CLAIMS BE PURSUED ON EITHER OF OUR BEHALF IN ANY LITIGATION IN ANY COURT, INCLUDING ASSIGNED CLAIMS. THE ARBITRATOR HAS THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.
  5. You acknowledge and agree that You have voluntarily and knowingly entered into this Arbitration Agreement, and that You chose to purchase from an EA Participating Store rather than an entity that may not have an arbitration policy.
  6. DEFINITIONS:
    
    "EA" means Elizabeth Arden, Inc and its respective subsidiaries, parent, affiliates, and agents."You" means you and your respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, relatives, spouse, estate, domestic partners, heirs and assigns, as well as all authorized or unauthorized users or beneficiaries under this Agreement. "Claims" is to be broadly interpreted to include: any claims arising out of or relating to, the purchase, advertisement, marketing or use of Products sold at EA Participating Stores including but not limited to tort, contract, willful acts, statutory violation, misrepresentation,] bad faith, or other legal theory and all derivative causes of action "Participating Stores" means EA company owned and operated stores.
  7. RULES APPLICABLE TO ALL CLAIMS:
    1. Procedure. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to EA should be addressed to Elizabeth Arden, Inc, 2400 SW 145th Avenue Miramar, FL 33027. The Notice must (a) describe the nature and basis of the claim; and (b) set forth the specific relief sought ("Demand"). If EA (or its agent) and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or EA may commence an arbitration proceeding.
    2. Arbitration. The AAA Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes apply in all Claims. See www.adr.org. The form to initiate arbitration can be found on the AAA website.
      
      After EA receives Notice that you have commenced arbitration, it will reimburse you for your payment of the filing fee. Current filing fees are available at www.adr.org The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitration will take place in the county (or parish) where the customer resides, at the time of the purchase unless otherwise agreed in writing by customer and EA.
      
      In addition to the above, for claims seeking $15,000 or less, the customer may choose whether the arbitration proceeds in person, by telephone, or based only on written submissions.
      
      For claims that do not exceed the jurisdictional limit of state small claims court, either You or EA may bring claims in small claims court in lieu of arbitration.
    3. Arbitrator. The right to a hearing will be determined by AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator has the authority to make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, upon request from either party made within 14 days of the arbitrator's ruling on the merits. The arbitrator has the authority to award any form of individual relief, including equitable relief and other relief available under applicable law. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of the Arbitration Agreement which shall be for a Court to decide.
    4. Fees. Except as otherwise provided in this Agreement, EA will pay all the AAA Filing, administration and arbitrator fees for any Arbitration initiated in accordance with the Notice Procedure. Current filing fees are available at www.adr.org. If, however the Arbitrator finds that either the substance of Your claim or the reliefs ought in the Demand is frivolous or brought for an improper purpose, then the payment of all such fees will be governed by AAA Rules. In such case, You agree to reimburse EA for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules.
PROGRAM INFORMATION AND CONTACT DETAILS
1. For information or questions regarding the Program, including Participating Stores, email companystores@elizabetharden.com.

ELIZABETH ARDEN COMPANY STORE CUSTOMER LOYALTY PROGRAM TERMS & CONDITIONS

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