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LUXE CHARMEZ Rewards Loyalty Program
TERMS AND CONDITIONS – AS OF SEPTEMBER 17, 2018
A. Overview of the LUXE CHARMEZ Rewards Loyalty Program
1. The Program is a loyalty program sponsored by Charmez Enterprise., dba Luxe Charmez Rewards (“Sponsor”) through which individuals may earn non-monetary loyalty points (“Points”) through the redemption of codes associated with such individual’s purchase of specially marked products (“Codes”), or through other methods as may be added by Sponsor from time to time. Individuals may visit luxecharmez.com (the “Website”) to enroll in the Program, enter the Codes and have their accounts credited with the Points associated with such Codes.
2. All individuals who have properly enrolled in the Program in accordance with the requirements of Section D below will be deemed “Enrollees.”
3. Enrollees may redeem their Points for products or services available in the “Rewards Catalog” accessed at the Website.
1. The Program is open to Enrollees who are legal residents of the Malaysia & overeas and who are 18 years and older at the time of enrollment. While employees, directors and officers of Sponsor and its parent and subsidiary companies, as well as their immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) are eligible to enroll in the Program, such individuals may not be eligible for all promotions or offers available via the Program, including without limitation, sweepstakes or similar promotions. Such individuals should refer to the official rules for any such promotion or offer for complete eligibility details. Employees, contractors, agents, directors and officers of any third-party entities involved in the development or execution of the Program or production or distribution of Program materials, as well as their immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) are not eligible to participate in the Program. The Program is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations.
2. Enrollment or participation in the Program constitutes Enrollee’s full and unconditional agreement to these Terms and Conditions.
C. Duration of Program
The Program begins at 12:00 a.m. 17th September 2018 and will continue until such time as Sponsor, in its sole and absolute discretion, elects to terminate the Program (the “Program Term”). Sponsor reserves the right to shorten, extend, modify, terminate, or cancel the Program, at its discretion, at any time as further described in Section G below. Enrollees can collect Points only during the Program Term by the methods set forth in Section E below or through other methods as may be added by Sponsor from time to time. Enrollees may only redeem Points, as set forth in Section F below, during the “Redemption Term,” hereby defined as the Program Term and a period of sixty (60) days immediately following the last day of the Program Term.
D. Enrolling in the Program; Privacy Consent Requirements
1. To enroll, an individual must click on the “Join Now” button, follow the onscreen instructions and comply with the applicable requirements as described herein to create a Program account (“Account”).
2. To create an Account, individuals must be 18 years of age or older, have a unique valid email address and must consent to these Terms and Conditions and authorize Sponsor to collect, store and share with Charmez Enterprise and third party service providers, information regarding such individual’s Account and use of the Program, including titles and descriptions of audiovisual selections validated through the Program and by other means.
3. Individuals 18 years of age or older who are under the age of majority in their state, province or territory of residence at the time of enrolling (collectively, “Minors”) must obtain permission from their parent or legal guardian to enroll in the Program and to consent to these Terms and Conditions and authorize Sponsor to collect, store and share with Charmez Enterprise and third party service providers, information regarding such Minor’s Account and use of the Program, including titles and descriptions of audiovisual selections validated through the Program and by other means, as well as the collect and store such Minor’s name, e-mail address, gender, age, mailing address, city, state and zip code for purposes of administering this Program.
4. Once an individual provides his/her corresponding personal profile information, consents to these Terms and Conditions as described above and authorizes Sponsor to collect, store and share information regarding such individual’s Account and use of the Program as described herein, he/she will be enrolled in the Program.
5. Limit 1 Account per person.
E. Collecting Points
1. Enrollees may collect Points only during the Program Term by: (a) entering Codes obtained from specially-marked physical products; (b) entering Codes obtained in connection with the purchase of eligible music products through the luxecharmez.com website; (c) purchasing and/or verifying the purchase of eligible items as further described below; (d) answering specially-identified surveys; (e) qualifying for Bonus Points offers that may be presented by Sponsor from time to time; (f) interacting with certain communications as designated by Sponsor from time to time; and/or (g) other methods specified by Sponsor at any time during the Program Term. The current list of products eligible for Points and the corresponding Point values for each is located on the Reward Points page.
2. Enrollees seeking to earn Points for eligible physical product purchases may do so by locating the Code associated with such eligible physical product purchase, promotional item, or as otherwise instructed, then entering the Code wherever indicated throughout the Website and clicking on the Go button. This process must be completed by Enrollee by no later than the end of the Program Term.
3. Enrollees who have purchased an eligible product and no points was given upon successful order, should email us at email@example.com, by informing us purchase date where indicated and attach copy/printscreen of invoice as Proof Of Purchase. Enrollees must have the original cash register receipt or digital receipt for the physical product, imprinted with the store’s name and a date of purchase dated prior to the end of the Program Term. Enrollees should exercise caution when purchasing eligible physical products, as certain sellers may remove and/or redeem Codes otherwise found inside such eligible physical products. Sponsor will not award Points in the event Sponsor, in its sole discretion, suspects Codes have been removed from otherwise eligible physical products and/or such Codes have already been redeemed by third parties. Enrollees who have purchased an eligible items and who do not receive a Code associated with such eligible product purchase should visit luxecharmez.com for details and assistance. Points will be subject to verification and, if approved by Sponsor in its sole discretion, will be credited to the Account within 2 to 3 weeks. This process must be completed by Enrollee by no later than the end of the Program Term.
4. Enrollees seeking to earn Points for purchasing eligible items may do so by: (a) manually submitting eligible items by going to the “checkout” page and completing the required information (which, upon verification by Sponsor, should yield Points to Enrollee’s Account within 2 to 3 weeks).The process must be completed by Enrollee by no later than the end of the Program Term.
5. Discount/Promo Vouchers, Gift Vouchers, Promocodes & store credits will not be eligible for Points.
6. At various times during the Program Term and in its sole discretion, Sponsor may declare “Bonus Points” periods during which the number of Points earned from purchases, transactions or other methods will increase (e.g., double, triple, etc.). Sponsor will indicate when there is an active Bonus Points period in effect on the Website and/or by certain communications as determined by Sponsor. Enrollees who earn Points during such Bonus Points periods will earn the corresponding increase in the number of Points as set forth on the Website and/or Sponsor communications, as applicable.
7. Enrollees may not combine Points with or transfer Points to other Enrollees’ Accounts. Enrollees may not combine Codes obtained by others for deposit into a single Enrollee’s Account, nor utilize, transfer, sell, or otherwise dispose of Codes in any manner in violation or attempted subversion of these Terms and Conditions. Any attempt to combine or transfer Codes or Points will result in disqualification from the Program and forfeiture of all Points in any Enrollee’s Account. Sponsor reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Sponsor believes (in its sole discretion) that an Enrollee (or Enrollees) have violated this Section E.8.
8. Sponsor reserves the right to change, add, or remove the methods by which Enrollees can collect Points. Enrollees are responsible for the payment of all taxes which may result from the Reward(s) received as part of the Program.
10. Points are subject to revocation if Sponsor, in its sole discretion, suspects that: (a) such Points have not been obtained in accordance with these Terms and Conditions and/or through legitimate transactions and/or activities, as applicable; or (b) any part of the transactions and/or activities completed by Enrollee to obtain such Points, including without limitation, any Codes and/or physical eligible movie ticket stubs is counterfeit, altered, defective, tampered with or irregular in any way.
11. If an Enrollee believes that Points were not properly credited to his/her Account, the Enrollee must notify the Sponsor by using the “Contact Us” form on the Website within 15 days of the day such Points were to be awarded. The “Contact Us” Form is available by clicking the “Contact Us” link on any of the Website pages.
12. Enrollees must save the original official original receipt(s) and proof(s) of purchase, and/or any confirmation email(s) referencing Points credited to their Account, for at least 90 days after the date Enrollee redeems a Rewards item online, as it may be necessary to later submit such documentation for verification. Sponsor reserves the right to require proof including, but not limited to, the documentation described herein. Sponsor’s decisions regarding the awarding of Points are final and binding. Validated original receipts, proofs of purchase, or confirmation emails that are subsequently determined to be invalid for any reason are subject to disqualification and the corresponding Points will be removed from the Enrollee’s Account to which the invalid validated Points were credited.
13. Enrollees may collect Points in the manner set forth above during the Program Term, unless otherwise modified by Sponsor in its sole and absolute discretion.
14. Points have no cash value and are only redeemable: (a) for Rewards offered via the Program and during the Redemption Term; and (b) pursuant to these Terms and Conditions.
F. Redeeming Points
1. Enrollees may redeem their Points for products, discounts, offers and other items of value (“Rewards”) listed in the “Rewards Catalog” section of the Website while supplies last and only during the Redemption Term, as defined in Section C above. The Website will list the corresponding Point value required to redeem each Reward.
2. To redeem Points during the Redemption Term, review the Rewards listed on the Website. Enrollees may select any Reward still available and in stock for which Enrollees have accumulated sufficient Points for redemption. Click the “Redeem” button corresponding to the item an Enrollee wishes to redeem and follow the links and instructions to complete the redemption process. As part of the redemption process, Enrollees will receive a confirmation email and, when applicable, an email containing: (a) the actual item Enrollees have redeemed in the form of a digital code, coupon, etc.; or (b) instructions on how to access, download and receive the digital Reward. Emails will be sent to the email address assigned to the Enrollee’s Account. Enrollees are responsible for ensuring the email address assigned to their Account is accurate and up to date. Any applicable duties or taxes associated with or arising from the shipment of any Reward to an Enrollee are not included and will be Enrollee’s responsibility.
3. All Point redemptions for Rewards are final. If an Enrollee does not receive their Rewards within 8 weeks of redemption or Enrollee believes such Rewards arrived damaged, the Enrollee must notify the Sponsor by using the “Contact Us” form on the Website within 60 days of Enrollee’s receipt of the applicable Reward(s). The “Contact Us” Form is available by clicking the “Contact Us” link on any of the Website pages.
4. Sponsor reserves the right to modify the available Rewards and their corresponding Point totals at any time and for any reason in Sponsor’s sole and absolute discretion.
5. Any Points remaining in an Enrollee’s Account which has remained inactive for a period of 5 years or more will be forfeited without compensation. Failure to earn Points as described in Section E above or redeem Points for Rewards as described in Section F above constitutes inactivity for purposes of this condition.
G. Modifications and Termination of the Program
1. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein -- including, but not limited to, the length of the Program Term or Redemption Term, methods by which Enrollees can collect Points, the eligible Rewards, the number of Points associated with the purchase of eligible Rewards, the number of purchases through which Enrollees may collect Points, the number of Points that may be redeemed through the Program, and any of the options made available to Enrollees with respect to their Accounts -- at any time, with or without notice, even though these changes may affect an Enrollee’s ability to collect or use his/her Points.
2. Sponsor reserves the right to cancel or terminate the Program at any time, for any reason, with or without notice, even though cancellation or termination may affect an Enrollee’s ability to collect or redeem his/her Points. In the event of termination, Enrollees will have 60 days from the Program termination date to redeem their Points. Enrollees will not be able to collect additional Points during this 60-day period. Thereafter, any Points remaining in an Enrollee’s Account will have no value of any kind and will be forfeited without compensation.
3. An Enrollee’s continued participation in the Program constitutes the Enrollee’s acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at luxecharmez.com and will supersede all previous versions of these Terms and Conditions.
H. General Terms and Conditions
2. All Codes are owned by Sponsor and Enrollees may use Codes only as specifically authorized under these Terms and Conditions. The sale, distribution or purchase of Codes outside of the methods set forth in these Terms and Conditions is unauthorized. Sponsor specifically prohibits the transfer of Codes on any online sales platform. Sponsor reserves the right to invalidate any Codes it suspects have been sold, distributed or purchased in a manner inconsistent with these Terms and Conditions. Sponsor reserves the right, in its sole discretion and without notice or liability to impacted Enrollees, to restrict, suspend and/or discontinue the participation privileges of any Enrollee who Sponsor believes has engaged in any fraudulent activity or has used the Program in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, municipal, territorial or local laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Points. In addition to discontinuance of participation privileges, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
3. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Points for combined use.
4. Points do not constitute property of an Enrollee and may be revoked at any time by Sponsor as set forth herein. Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
5. Enrollees are responsible for ensuring the accuracy of their Account and the information associated with their Account and is encouraged to check their Account regularly and update the information associated with their Account as soon as such updates are necessary. Enrollees are solely responsible for: (a) maintaining the confidentiality and security of their Accounts, including without limitation, the password associated with an Enrollee’s Account; and (b) all activities that occur on or through an Enrollee’s Account. Enrollees shall immediately notify Sponsor of any suspected fraudulent and/or unauthorized use of such Enrollee’s Account. Sponsor will not be responsible for any losses arising from any fraudulent and/or unauthorized use of an Enrollee’s Account.
6. Sponsor is not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Program.
7. All questions or disputes regarding eligibility for the Program, collecting or redemption of Points, or an Enrollee’s compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.
I. Limitation of Liability
1. Sponsor 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 Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone 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 Sponsor, its 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 PRODUCTS 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 SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND 1 YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its related companies, parents, subsidiaries and affiliates, and each of their respective officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by Rewards providers. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PROVIDER, 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 all Enrollees. Enrollees agree to rely solely on the manufacturer’s warranties, if any, for any Rewards redeemed through this Program.
2. As a condition of participating in this Program, Enrollee agrees that: (a) any action at law or in equity arising out of or relating to these Terms and Conditions or the Website shall be filed, and that venue properly lies and Enrollees hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys’ fees; and (c) under no circumstances will Enrollee be permitted to obtain awards for, and Enrollee hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
3. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the laws of the Malaysia, without giving effect to any principals of conflicts of law. Sponsor makes no representation that the content on the Website is appropriate or available for use in any particular location. Those who choose to access the Website act on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
4. These Terms and Conditions constitute the entire agreement between Enrollees and Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.