Awkward Essentials Loyalty + Rewards Terms and Conditions
TERMS AND CONDITIONS
Awkward Essential’s loyalty program (the “Program") is offered by Awkward Essentials, Inc. ("Company") to customers making purchases and to potential customers on awkward essentials.com. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement (the "Agreement") between you ("Member") and Company with respect to the Program.
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, without limitation, these Terms and Conditions, including 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
Company may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these Terms and Conditions in its sole and absolute discretion at any time and in any manner without notice. Your continued participation in the Program will confirm your acceptance of such changes.
Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion.
Individuals can enroll by creating an account at awkward essentials.com. Member must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. 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 www.awkwardessentials.com/account and updating their Member account.
Company will communicate with Members about marketing via mail, email, SMS and other channels, including about special Member promotions, offers and more. Company will also use these channels to communicate the Member’s tier status, notify Member of eligibility for a benefit, communicate Program changes and more. 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.
Merchandise returns must be made in accordance with Company's return policy. Upon the return of an item, the spend amount applied to Program Level status for the original purchase will be deducted from the Member's account.
Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at awkwardessentials.com, count toward your Program tier status. The amount of a purchase made with store credit as method of payment will not be applied to Tier Level earnings. The amount of a purchase made with an Awkward Essentials gift card as method of payment will not be applied to Tier Level earnings. The purchase of an Awkward Essentials gift card will be applied to Tier Level earnings. Additional items may be excluded from Tier Level accumulation at the sole discretion of Company.
Program tier status is based solely on a customer’s total dollar spend on awkwardessentials.com. The criteria for each Tier are as follows:
- Just Talking: A customer receives Just Talking status upon creating an account at awkwardessentials.com. However, the customer will not be eligible for specific benefits until he or she makes an initial purchase.
- Dating: If a customer’s account accumulates one hundred dollars of total spend on awkwardessentials.com, they will receive Dating status until December 31, 2021, at which point account status will be implemented on a calendar year basis. To remain Dating status, a customer must accumulate $100 of dollar spend during the calendar year. Each new calendar year requires the customer to spend $100 on awkwardessentials.com to retain Dating status for another calendar year. If a customer does not spend $100, the customer will revert to Just Talking Status, losing Dating benefits. In order for the customer to regain Dating status, the customer must make a purchase of $100 or more.
- Committed: If a customer’s account accumulates two hundred dollars of total spend on awkwardessentials.com, the customer will receive Committed status until December 31, 2021, at which point account status will be implemented on a calendar year basis. To retain Committed status, a customer must accumulate $200 of dollar spend during the calendar year. Each new calendar year requires the customer to spend $200 on awkwardessentials.com to retain Committed status for another calendar year. If a customer does not spend $200, the customer will revert to Just Talking, losing Committed benefits. In order for the customer to regain Committed status, the customer must make a purchase of $200 or more.
For more information on Program tiers, see https://awkwardessentials.com/pages/rewards
VALID EMAIL ADDRESS
A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.
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 and absolute discretion 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.
Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not exchangeable for cash.
All current employees of Company are ineligible to participate in the Program.
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.
Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.
These Terms and Conditions, the relationship between you and the Company, and Company's loyalty program, shall be governed by, construed and enforced in accordance with the laws of the State of California, 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 LOYALTY PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR IN SAN FRANCISCO, CALIFORNIA. 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 JUDGMENT 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 HAS 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 CALIFORNIA. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
Release of liability and LIMITATION ON DAMAGES
You release Company and its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents from and against any and all liability relating to your membership or participation in the Program or these Terms and Conditions. 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.
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 are owned by Company and may be registered in the United States and internationally.