Terms and Conditions for the Claire Burke® Rewards Loyalty Program
Last Updated: October 19, 2018
The Claire Burke® Rewards customer loyalty program (“the Program”) is offered by Claire Burke, LLC. (“Company”) to customers making purchases at Claire Burke online sales channel (“Website”). Company will extend certain perks and privileges as described in more detail below, and additional offers that may be extended from time to time. These terms and conditions (hereinafter “Terms and Conditions”) form the agreement (the “Agreement”) between you (“Member” or “you”) and Company with respect to the Program. When accessing the Program or the Website, you are also subject to the applicable website terms and condition. To the extent there are conflicts between this Agreement and any Website Terms of Condition, this Agreement will control.
Members’ Acceptance of Terms
By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including these Terms and Conditions and the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.
Company’s Right to Change/Cancel Program and/or Terms
Company may, at its discretion, alter, limit or modify the Program structure or any other feature of the Program. Company reserves the right to change or modify these Terms and Conditions or terminate the Program at any time, for any reason, without prior notice. Company will post any additional Program details and updates to Program (including these Terms and Conditions) here and then update the “Last Updated” date above. Company may also email you about any such changes. Your continued participation in the Program will confirm your acceptance of such changes.
Program is open to U.S. residents at least 18 years of age within the 50 United States and District of Columbia. It is free to join as a Member (no initial purchase is required to do so). Membership is limited to individuals only and is limited to one account per individual. Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its discretion.
Individuals can enroll by creating an account at myclaireburke.com. Member must provide complete and accurate enrollment information. Individuals who have an existing account with myclaireburke.com before the launch of the Program are already Members, and continued participation will constitute agreement to these Terms and Conditions. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Company may choose to offer sign-up incentives and enrollment promotions from time to time. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting My Details and updating their Member account.
Unless Member has opted out of receiving marketing communications, Company will communicate with Members about marketing via mail, email, and other channels, including about special Member promotions, offers and more. Company will also use these channels to notify Member when they are eligible for a reward, communicate Program changes and more at Company’s discretion. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.
Members will receive rewards points (“Points”) on their Member account through Eligible Purchases (defined below) and participation in other special programs and promotional offers that may be announced by Company or its third-party partners from time to time. Additional terms, requirements and details for earning Points follow.
Eligible Purchases: Purchases of merchandise and/or services (after promotional offers have been applied, before taxes and shipping charges have been applied and minus returns, refunds or credit adjustments, rounded to the nearest dollar) made at any Store in the United States or online at a Website and shipping to the continental U.S. and U.S. P.O. Boxes (“Eligible Purchases”) count toward Member’s Point accrual. As of the “Last Updated” date specified above, Members will receive five Point for each one dollar ($1 USD) of Eligible Purchases at Website (number of points earned subject to change; check back here for details).
Exclusions from Eligible Purchases: The amount of a purchase made with gift certificate or rewards as method of payment will not be applied to Member Point accrual. Points will not be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. Additional items may be excluded from Member Point accrual at Company’s discretion.
Email Address: A current, valid email address is required for a Member to be able to participate and receive Points in connection with the Program. Member must notify Company of change of email address by updating Member account information online.
Identification at Transaction: Members must identify themselves with their applicable Member account email address to receive credit for Eligible Purchases made at the Website. Specifically, Member must provide the email associated with his/her Membership when he/she signs into their online account before checkout for online transactions on a Website in order to receive spend credit and/or benefits.
Processing of Points: Points accumulated through Eligible Purchases will be processed and awarded to the Member’s account 30-45 days after purchase.
Promotional Offers: Other special programs and promotional offers for earning Points may be made by Company, its agents or third-party partners from time to time in Company’s discretion. Such offers will also be subject to the terms and conditions specified in the promotional offer.
Merchandise returns must be made in accordance with Company’s return policy available at Claire Burke Returns & Refund. Upon the return of an item accepted by Company, the spend amount and Points applied to Member account for the original purchase will be deducted from that Member’s account.
Program Benefits and Details
In addition to any other requirement and/or limitation that may be communicated to Members at the time a benefit is offered, the following will apply:
Points will accumulate toward rewards, the means by which will be described in these Terms and Conditions and/or related promotional offers. Once 500 Points are earned, Member may redeem such Points for rewards when purchasing items and/or services online at a Website by selecting the Rewards box at checkout. If Member elects to redeem their rewards, the applicable Points will be converted into redemption dollars and the value of the redemption dollars will be deducted from the total price of the Member’s purchase of items from a Store or a Website. Earned Points are converted into redemption dollars as follows: 500 points = $5.
Redemption dollars will not be paid out in cash or store credit. Company may, at any time and without notice, change the Points earning and redemptions procedures and offerings, including the conversion rate between Points and redemption dollars.
Expiration of Points
Points will expire twelve (12) months after issuance on a rolling basis.
Right to Revoke
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole opinion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud. In the event that Company cancels your membership or terminates the Program for any reason, all Points, rewards or other benefits earned on your Member account will be forfeited.
Program benefits or Member accounts may not be merged, transferred, purchased, sold, assigned, auctioned or traded, including by death or as part of a domestic relations matter. Doing so will void the Member account. Program Points, rewards and/or benefits have no cash value and are not exchangeable for cash.
Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.
These Terms and Conditions, the relationship between you and the Company, and Company’s Claire Burke® Rewards Loyalty Program, shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, without giving effect to any conflict of law provisions.
Mandatory Arbitration of all disputes. No class actions.
Any dispute relating in any way to these terms and conditions or Company's Claire Burke® Rewards Loyalty Program, including claims based on state or federal statues, shall be submitted to confidential arbitration in Atlanta, Georgia. Such proceedings shall be conducted under the prevailing rules of the American Arbitration Association. The Arbitrator's award shall be binding and final and may be entered as a judgement in any court of competent jurisdiction. Under this agreement, Company and Member understand and agree that they are giving up their right to a court or jury trial. Company and Member further agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This provision shall not apply if member in any manner violated or threatened to violate any Company intellectual property rights, in which case Company may seek injunctive or other appropriate relief in any state or federal court in the State of New York. Member consents to exclusive jurisdiction and venue in these courts.
Limitation on Damages
To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members’ participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages. In New Jersey, this limitation applies only to claims based on breach of warranty.
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by Company and may be registered in the United States and internationally.