Effective as of October 2, 2024
These are the terms and conditions (the “Terms”) of the Consistency Club Loyalty Program (the “Loyalty Program”). The Terms contain important information about your rights and obligations.
By participating in the Loyalty Program, you fully and unconditionally accept and agree to the Terms. If you do not agree with the Terms, please do not enroll in the Loyalty Program or, if you are currently a member of the Loyalty Program, please terminate your membership in the Loyalty Program by contacting us. Our Privacy Notice and the applicable Website/App Terms of Use for the Naturium ecommerce website or mobile application through which you joined the Loyalty Program (as applicable, our “Website/App Terms of Use”) and any other policies, rules, or guidelines that may be applicable to a particular offer, product, or feature on our Website and/or App are also incorporated into these Terms as if fully set forth herein.
These Terms are hereby incorporated into our Website/App Terms of Use (including, with respect to Members who reside in the U.S., the Arbitration Agreement and class waiver provision set forth therein).
In the event of any conflict between these Terms and the Website/App Terms of Use, these Terms shall control. To the extent any capitalized terms are not defined in these Terms, they have the meanings in the Website/App Terms of Use.
U.S. Members: THESE TERMS ARE SUBJECT TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE WEBSITE/APP TERMS OF USE, WHICH REQUIRE YOU TO ARBITRATE ANY DISPUTES OR CLAIMS (WITH CERTAIN EXCEPTIONS) YOU MAY HAVE ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR DISPUTES AND CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY IN ANY FORUM, AS DESCRIBED IN MORE DETAIL IN THE WEBSITE/APP TERMS OF USE. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AND/OR THE CLASS ACTION WAIVER, AS EXPLAINED IN THE WEBSITE/APP TERMS OF USE. PLEASE REFER TO THE WEBSITE/APP TERMS OF USE FOR MORE INFORMATION ON THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
OVERVIEW OF LOYALTY PROGRAM
The Loyalty Program is sponsored Naturium, LLC, a subsidiary of e.l.f. Cosmetics, Inc. (“we”).
Participants in the Loyalty Program (each a “Member” or “you”) can receive Loyalty Program points (“Points”) by making qualifying purchases of Naturium 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 Naturium ecommerce websites (collectively, our “Website”) or in our mobile application (if any) (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 our sole discretion.
We 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 info@naturium.com.
Membership
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 we ship products purchased on our Website and/or App. 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) 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.
We reserve the right to limit the number of participants in the Loyalty Program.
Employees of e.l.f. Cosmetics, Inc. and its affiliates (including Naturium LLC) 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—we reserve 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 (if any) and 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 (but not year) 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.
POINTS
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.
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 year through qualifying purchases on our Website or App. 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 Naturium 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, we reserve the right to adjust or deduct the appropriate number of Points from that Member’s Point balance.
From time to time, we 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. 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 us at info@naturium.com. 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. We are 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 Naturium 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
From time to time, as determined by us in our sole discretion (and subject to applicable law), the Loyalty Program may have various “tiers” pursuant to which Members may be eligible for certain Rewards or other benefits applicable to that tier.
The tiers, and the benefits associated with any tiers, may change from time to time and may be offered on a limited basis.
Visit the Loyalty Program page on our Website to learn more about the Loyalty Program tiers (if any), 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. Our correction of Points in a Member’s account will not qualify as account activity. We also reserve 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.
We reserve 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 us at info@naturium.com. If a Member wishes to reactivate an account, a Member must contact us at [EMAIL] and we 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, we reserve 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 we, at our sole discretion, elect 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, we 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 us 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 us 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 us in our 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.
We 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 us and will affect eligibility for further participation in the Loyalty Program.
We reserve 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 us. Qualifying purchases and qualifying activities, as reflected in our records, will be deemed correct, and we reserve the right to determine the qualification for any transaction and to correct or modify the number Points at any time based on e our records and calculation of account information. We are not responsible for communications or Rewards lost due to an inaccuracy in nor 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 info@naturium.com.
We may waive compliance with these Terms in our sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, our 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 we, our 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; or (e) any tax liability connected with receipt or use of Points or redeeming Rewards.
We reserve the right to correct, without notice, any errors
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:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party
This section will survive termination of Member’s participation in the Loyalty Program.
DISPUTES
If a dispute or claim should arise, we want to provide you with a resolution that is efficient. Almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing us at info@naturium.com.
If your dispute or claim cannot be resolved using our customer service team, these Terms (as well as the relevant Website/Apps Terms of Use) describe how the dispute or claim will be resolved, including for U.S. Members, in accordance with the Arbitration Agreement and Class Action Waiver in the Website/App Terms Of Use.
To the extent permitted by applicable laws, you and we agree that any cause of action arising out of or related to the Loyalty Program must commence within one year after the cause of action accrues. otherwise, such cause of action is permanently barred except if you are a New Jersey resident.
GOVERNING LAW/ARBITRATION
U.S. Members. These Terms have been made in and will be construed and enforced solely in accordance with the laws of the state of California; provided, however, that the arbitration provisions herein shall be governed by the Federal Arbitration Act and the American Arbitration Association Consumer Arbitration Rules, as described more in the Arbitration Agreement and Class Action Waiver in the Website/App Terms Of Use. You and we also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms or the Loyalty Program and is hereby disclaimed.
Non-U.S. Members. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the Loyalty Program shall be governed by and construed in accordance with the laws of the state of New York, USA, subject only to mandatory provisions of consumer law in the country in which you reside. By enrolling in the Loyalty Program, each Member irrevocably agrees that the state and federal courts located in New York City (Borough of Manhattan), New York, USA shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the Loyalty Program. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms or the Loyalty Program.
MISCELLANEOUS
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 us 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.
CONTACT US
If you have any questions, concerns, or complaints about these Terms or the Loyalty Program, please contact us by emailing us at info@naturium.com or via physical mail at:
e.l.f. Cosmetics, Inc.
Attn: Legal Department
Re: Loyalty Program
570 10th Street
Oakland, CA 94607