These Terms and Conditions for the Clarisonic Rewards Program, offered by Pacific Biosciences Laboratories (“Clarisonic”), are effective as of October 1, 2018.
GENERAL MEMBERSHIP GUIDELINES
The Clarisonic Rewards Program (“Program”) is open to legal U.S. residents who are at least 18 years of age, and provide and maintain a valid email address (“Member”). Void where prohibited. Participation in the Program is voluntary. You need not join to purchase products at Clarisonic.com
Membership is nontransferable and is subject to present and future Terms and Conditions. Membership rewards and benefits are valid only at Clarisonic.com.
HOW TO ENROLL, EARN AND REDEEM PROGRAM REWARDS
Membership in Program and offers may be redeemed only for purchases made at www.Clarisonic.com or any approved retailers where Clarisonic products are sold.
Member may enroll in Clarisonic Rewards through Clarisonic.com or thru the Clarisonic app, available in iOS or Android. To enroll, Member must provide full name, email address and mailing address. Member’s enrollment will be confirmed with a welcome message at the email address provided which will include Member Program enrollment information.
Reward Offers will be sent to the Member by email 30 days after a qualifying purchase. Rewards Offers are valid for 30 days from eligibility/issuance and cannot be re-used, transferred, refunded or redeemed for cash (except where required by law) and must be redeemed in full, in a single purchase. Rewards Offers are not valid for use towards charitable items, sales tax or shipping charges or combined with any other promotions, coupons, or Program discounts. Program Offers may be redeemed one time per Member year and may not be applied to previous purchases. Program Offers have no cash value
To get points for purchases at Clarisonic.com, you must be logged into the Clarisonic app. On purchases made from retail stores or retail websites, the transaction information provided must include the packaging UPC code, transaction number, retail location, item amount, and transaction date. All information must be unique from any other transaction from any Member account in order to receive credit for purchase. Authorized retailers include: Sephora, ULTA Beauty, Amazon, and QVC.
Clarisonic may offer limited–time Clarisonic Rewards Offers or may make promotional offers selectively available to Members, based on purchase activity, geographic location, Program participation, or other factors.
From time to time, Clarisonic may also provide Members with an opportunity to earn additional account spend credit or Clarisonic Rewards Offers through participation in site activities, features or by uploading user content in social media. Whenever you earn account spend credit, receive products or other incentives for participation, you must disclose the receipt of such benefits, such as "Credit Earned," "Free Sample Received," or similar words to indicate that you received value for from Clarisonic Rewards.
Unless otherwise stated, Member account spend balances will be communicated to Member via email on a monthly basis or accessible by logging on to your account on Clarisonic.com. Clarisonic Rewards Offers will mature 30 days after qualifying purchases. Rewards will be emailed upon eligibility following the end of the 30 day period.
In the event Member returns a purchase for which Member had received Clarisonic Rewards spend credit, the return will be deducted from the Member account spend balance based on the dollar value of the return.
Only one Clarisonic Rewards Program account may be associated with a single email address. In the event of a dispute over ownership of Program Membership account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
By enrolling in Clarisonic Rewards, Member agrees to provide true, accurate, current and complete information about self and maintain and promptly update the information to keep it true, accurate, current and complete. If Member provides any data that is untrue, inaccurate, not current or incomplete, or if Clarisonic, in its sole discretion, suspects that Member registration data is untrue, inaccurate, or incomplete or that Member is in any way abusing membership in Clarisonic Rewards, Clarisonic reserves the right to suspend, terminate or refuse Member participation.
COMMUNICATIONS AND REVIEWING YOUR ACCOUNT INFORMATION
Members will periodically receive emails from Clarisonic. Member may opt–out of marketing emails at any time, but operational emails will still be sent to Member as it relates to membership in Program. Examples of these are: the Program welcome email, monthly account statement email, or other communications that help us to ensure that Member account is monitored.
GENERAL PROGRAM CONDITIONS AND EXCLUSIONS
Rewards Offers are not valid for use towards the purchase of charitable items, promotional value sets, sales tax or shipping charges or combined with any other promotions, coupons, or Program discounts. Rewards Offers may be redeemed one time per Member year and may not be applied to previous purchases. Promotion Offers have no cash value. Redemption offers are time–limited or available only in limited quantities.
Member account spend balances may not be combined with another Member’s account, transferred, or sold. Member account spend balances have no cash value and cannot be redeemed for cash at any time. Member account spend balances have no purpose or use other than in exchange for benefits, products or services offered by Clarisonic.
Member account spend balances are not valid unless earned in strict compliance with the requirements set forth as intended by Clarisonic, and Member shall not attempt to earn account spend credit by any means (including without limitation, by using any script, bot, data mine or other automated means) that only simulates applicable requirements. In the case of a dispute regarding the account spend balance available to any Member, Clarisonic’s decision will be final. Upon termination of membership for any reason, all account spend credit will be forfeited and Clarisonic will not provide cash equivalent for rewards or account spend balances.
ABUSE OR MISUSE OF THE PROGRAM
By enrolling in Clarisonic Rewards, Member agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, or other feature available on or through Clarisonic Rewards, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane, infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, any other right of any party or which otherwise violates Clarisonic Site Terms and Conditions or any Other Agreement.
Member further agrees not to (a) upload any content that imposes an unreasonable or disproportionately large load on Clarisonic’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise; (b) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Clarisonic, or any third party; (c) creates Member accounts by any automated means or under false pretenses or impersonates any person or entity, including an employee or representative of Clarisonic; (d) harvests, scrapes or collects any information from Clarisonic.com.
Clarisonic is not responsible for requests or correspondence lost or delayed in the mail. Clarisonic, its parent L’Oreal and subsidiaries and affiliate entities, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to Clarisonic Rewards or membership in Clarisonic Rewards. By participating in the Clarisonic Rewards Program, each Member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to that Member’s participation in Clarisonic Rewards, use of Member account balance or rewards, or agreement to these Terms.
LIMITATION OF LIABILITY
Clarisonic is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Clarisonic nor respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF CLARISONIC IMPROPERLY DENIES A MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. CLARISONIC ITS OFFICERS, DIRECTORS, EMPLOYEES, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS, ARE NOT RESPONSIBLE FOR ANY PRODUCTS OR SERVICES OFFERED BY THE REWARDS PARTNERS. TO THE FULLEST EXTENT ALLOWABLE BY LAW, CLARISONIC ITS JOINT VENTURES, OFFICERS, DIRECTORS, EMPLOYEES, AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Member. Members agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program. By participating in the Program, each Member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to that Member’s participation in Program, use of points or rewards, or agreement to these Terms. Clarisonic is not responsible for requests or correspondence lost or delayed in the mail.
LEGAL DISPUTES AND ARBITRATION AGREEMENT
Clarisonic and the Member each agree that any dispute, claim, or controversy arising from Program, the rewards, or other Member benefits from or relating to Program and these Terms or Member’s participation (“Dispute”) will be resolved by binding arbitration, where allowed by law, conducted in the State of New York. Member and Clarisonic agree to give up the right to go to court to assert or defend legal rights (except for small claims, as described below). Member and Clarisonic expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Agreement. Instead of arbitration, either Member or Clarisonic may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Member Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Clarisonic waives its own right to seek attorneys’ fees and costs in arbitration. Member may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where Member live or at another mutually agreed-upon location.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court; however, any relief must be individualized to Member and shall not affect any other Member. Member and Clarisonic agree that each may bring claims against the other in arbitration only in Member or their respective individual capacities and in so doing Member and Clarisonic hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named plaintiff or class member) to the extent it involves covered Disputes, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind to the extent it involves covered Disputes. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. This Program and these Terms will be governed by and construed under the Federal Arbitration Act, where applicable, and the substantive laws of the State of New York, without reference to conflict-of-laws considerations.
If Member have questions about Member enrollment, these Terms and Conditions, Member account spend balance or Clarisonic Rewards Offers, please contact Clarisonic’s Member Support at our toll free number 1-888-525-2747.