PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
1. SPONSOR AND ADMINISTRATOR:
bareMinerals, 900 Third Avenue, New York, NY 10022.
The FAB Friends and Benefits Relationship Program (the "Program") is open to residents of the fifty (50) United States, the District of Columbia, and Canada, who are eighteen (18) years old or older or the age of majority in your jurisdiction of residence, who make purchases online at bareMinerals.com or at any bareMinerals boutique located in the United States or Canada. Employees of bareMinerals and its parent and affiliated companies are not eligible. Void in Quebec and where prohibited.
The Program is an ongoing relationship program and we reserve the right to discontinue, suspend and or modify the Program, or any part of it, at any time without notice to you.
4. HOW TO JOIN:
To join the Program, visit bareMinerals.com and follow the links and instructions to complete the registration and join the Program OR sign up at a bareMinerals boutique or through our Customer Call Center at (888) 795-4747. In order to join the Program, you will be required to opt-in to receive bareMinerals emails and newsletters. You may opt out of the Program at any time through bareMinerals.com or by calling our Customer Call Center.
If after joining the Program you opt-out from receiving bareMinerals emails you will not receive Program emails alerting you to the availability of Program benefits and gifts, but you will still be eligible for those benefits and gifts. If you opt-out, you will be responsible for monitoring the availability of Program benefits and gifts through your online Program account, by requesting Program information at any bareMinerals boutique or by calling our Customer Call Center.
You are not permitted to share the same email address with another Program participant or register more than once. If you register more than one time using multiple email addresses or identities, you may be disqualified from participation in the Program.
7. PROGRAM BENEFITS:
The following is a description of the Program benefits available at the current time. These benefits are subject to change, in our discretion.
Any time after you register, you may receive a promotional offer (a "Promotional Offer"). We will determine, in our sole discretion, what Promotional Offers to make available, how many Promotional Offers to make available, and when to make those Promotional Offers available.
In addition, the Program offers the following ongoing benefits:
Birthday Gift. Participants who provide their birth date in their Program profile will receive a birthday gift of bareMinerals product coupon which participant can redeem at any bareMinerals boutique. Participants may also have their birthday gift shipped with any online purchase made within the birthday gift promotion period of thirty days. Program participants are eligible to receive a birthday gift and will receive a notice from Sponsor to redeem their birthday gift. If you have not received your Birthday Gift promotion code, please contact Customer Service at (888) 795-4747 or visit your local bareMinerals boutique for assistance.
Sale Day. Participants who complete their Program member Beauty Profile will be issued a Sale Day promotion code that can be used pursuant to the terms and conditions included in the Sale Day promotion notice sent by Sponsor. The Sale Day promotion code will be redeemable for one transaction only and is subject to the terms and conditions included in the Sale Day promotion notice sent by Sponsor. The Sale Day discount amount will be determined by Sponsor and is subject to change at any time. The Sale Day promotion code can be used online at bareMinerals.com and at bareMinerals boutiques. No sale day calendar extensions will be granted.
Boutique Receipt Free Returns. Participants who use their FAB Friends and Benefits membership when making purchases and returns at bareMinerals boutiques will not be required to provide a receipt when making returns. Purchases made through our Customer Call Center or bareMinerals.com are not eligible for FAB Receipt Free Returns.
Spend $150 FAB Program. For every $150 spent in bareMinerals North America boutiques, bareMinerals.com or through bareMinerals Customer Call Center, receive a $10 discount to use on a future purchase made within 60 days from the date of the promotion email containing the discount code. Shipping and taxes are not included in the $150 spend requirement. By using your FAB Friends and Benefits membership at bareMinerals boutiques, by being logged in to your Program account when making online purchases, and by providing your Program FAB membership information when making orders through our Customer Call Center, bareMinerals will track your purchase amounts and will send you a $10 discount code each time you accrue $150 in purchases. Purchases not identified under your Program membership will not be tracked for this promotion. When redeeming the discount, you do not need to spend the full value of the discount, however you will forfeit the remaining amount of the discount if the item purchased is less than $10. Limit one discount code redemption per purchase. Money spent on the purchase of a bareMinerals gift card is not applied towards the Spend $150 FAB Program. Purchases made using a bareMinerals gift card are applied towards the Spend $150 FAB Program. Discount may not be combined with any other offer. Discount cannot be used to purchase bareMinerals gift cards. Auto-Delivery customers cannot apply the discount towards Auto-Delivery shipments. The $150 spend requirement need not be made in a single purchase. Returned purchases will not count towards the $150 spend threshold.
bareMinerals Recycling Program. FAB Members are eligible to participate in bareMinerals Give Back Get Back Recycling Program at all participating bareMinerals boutique locations, as a way to earn FAB points. Five (5) FAB points will be awarded for every one empty item brought in to participating bareMinerals boutiques. No purchase necessary. A maximum of five (5) empty items are eligible to earn FAB points per customer per day. Empty full-sized makeup and skincare products from any brand are accepted as part of the bareMinerals Give Back Get Back Recycling Program. Hair and personal care items and flammable products, including, but not limited to, fragrance items, nail polish, aerosol products, or products that contain alcohol will not be accepted. FAB points will be processed and awarded within seven (7) business days. Other restrictions may apply.
Auto Delivery. FAB Members who are also Auto Delivery customers may be eligible to receive increased FAB points on subscription orders based on the number of active subscriptions. With two active Auto-Delivery subscriptions, two times the FAB points will be awarded for each successful subscription order. With three or more active Auto-Delivery subscriptions, three times the FAB points will be awarded for each successful subscription order. Shipping and taxes are not included in the order total to determine FAB points. Returned purchases will result in the appropriate point deduction.
Subject to availability and the terms and conditions of each Promotional Offer and Program benefit, Promotional Offers, sale days and gifts are only redeemable at bareMinerals boutiques, bareminerals.com and bareMinerals Customer Call Center at (888) 795-4747. Promotional items and gifts may be shipped with an online purchase made within the particular Program benefit or gift promotion period. Redemption is subject to valid dates and terms and conditions of the Promotional Offer. Free gifts are subject to inventory availability and are redeemable only while supplies last or by offer end date.
By registering for the Program, you agree to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any economic damages, claims or causes of action (but not including personal injury or death), arising out of participation in the Program or receipt or use or misuse of a Promotional Offer.
Except where prohibited, participation in the Program constitutes your consent for us to use of your name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. GENERAL CONDITIONS:
We reserve the right to cancel, suspend and/or modify the Program, or any part of it, at any time. If we terminate or substantially modify the Program, we will notify you by contacting you at the email or mailing address or telephone number you provided in your FAB profile. We reserve the right in our sole discretion to disqualify any individual we find to be tampering with the registration process or the operation of the Program or to be acting in violation of these Terms and Conditions. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. Membership in the Program and rewards are non-transferable.
12. LIMITATIONS OF LIABILITY:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the registration process or the Program; (4) technical or human error which may occur in the administration of the Offer or the processing of registrations; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any economic losses or damages of any kind which may be caused, directly or indirectly, in whole or in part, from participation in the Program or receipt or use or misuse of any Promotional Offer. In no event shall our maximum aggregate liability exceed one hundred dollars ($100.00). Notwithstanding the foregoing, these disclaimers and limitations of liability do not exclude any product liability claims, statutory consumer rights, damages associated with personal injury or resulting from company intentional misconduct, recklessness, fraud, or gross negligence. The terms in this section are valid only to the extent permitted by applicable law.
If a dispute should arise between you and bareMinerals (the “Company”) concerning, arising out of, or relating to the Program, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at email@example.com or by phone at (888)795-4747. If your dispute cannot be resolved using our customer service team, these Terms and Conditions describe how we shall proceed with the resolution of the dispute.
14. JURISDICTION; ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. WE BOTH AGREE TO ARBITRATE: You and bareMinerals agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at https://www.jamsadr.com.
(2) Send three copies of Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this Arbitration Agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR:
The arbitrator will decide the rights and liabilities, if any, of you and bareMinerals, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
NO CLASS ACTIONS:
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL:
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND bareMinerals WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.
OPT-OUT OF ARBITRATION AGREEMENT:
You can decline this Arbitration Agreement by emailing us at firstname.lastname@example.org and providing the requested information as follows: (1)Your Name; (2) the URL to these Terms and Conditions; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions by using the Website.
CHOICE OF LAW/FORUM SELECTION:
In any circumstances where this Arbitration Agreement permits the parties to litigate in court, these Terms and Conditions shall be governed by the laws of New York as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in New York County, New York, or (ii) the United State District Court for the Southern District of New York.
THE TERMS IN THIS SECTION ARE VALID ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.