Last updated September 12, 2016
M·A·C Select Loyalty Program: Terms and Conditions of Participation
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE M·A·C SELECT LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
SECTION 8 BELOW CONTIANS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.
1. Membership Eligibility and Overview
1.1. The M·A·C Select Loyalty Program (“Program”) is offered at the sole discretion of M·A·C Cosmetics Inc. (“M·A·C Cosmetics,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 13 years or older and who provide and maintain a valid email address are eligible to become members. If you are between the age of 13 and the age of majority in your state of residence (“eligible minor”), you may only participate in the Program with the consent and supervision of your parent or legal guardian. This Program is not targeted at children or intended for use by anyone under the age of 13. Employees of M·A·C Cosmetics and M·A·C PRO members are not eligible to participate in the Program.
1.2. By joining the Program and becoming a Program member, you or your parent or legal guardian, if you are an eligible minor (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and our website Terms and Conditions, which are incorporated herein by reference. If you do not agree to these Terms, our website Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.
1.3. The M·A·C Select Program is only available in M·A·C Cosmetics owned and operated stores in the United States (excluding Massachusetts) and on maccosmetics.com within the United States.
2. Program Enrollment
2.1. Eligible individuals may enroll in the Program through one of the following options:
2.1.1. Visit www.maccosmetics.com/macselect (collectively, the “Site”) and follow the Program prompts to register for the Program;
2.1.2. Visit a M·A·C Cosmetics owned and operated retail store in the United States (excluding Massachusetts) and tell a store associate you would like to register for the Program.
2.1.3. Download the M·A·C mobile application (the “Program App”), available through the iTunes App Store and Google Play, to your mobile device and follow the prompts to register for the Program. Use of the Program App may entail message, data, and other charges from your wireless carrier. We are not responsible for any data charges or other costs associated with using the Program App.
2.2. If you are between the ages of 13 and the age of majority in your state of residence, by enrolling in the Program, you are certifying that on your behalf, your parent or legal guardian has consented to your enrollment in the Program, and has read, understood and agreed to be bound by these Terms, our website Privacy Policy and our website Terms and Conditions which are incorporated by reference, and by any changes or modification we may make.
2.3. You may be required to provide your full name, email address, and zip code and to create a password in order to enroll. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
2.4. Only one Program account may be associated with a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be 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.
3. Program Benefits
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you unlock a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. For your eligible purchase to qualify for Program points, you must be enrolled in the Program, and you must provide your Program member identification at the time of purchase by logging into your account online or providing your membership identification in a M·A·C Cosmetics owned and operated store in the United States (excluding Massachusetts). Eligible purchases and other opportunities to unlock Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Visit our FAQs to learn more about the Program loyalty tiers.
3.2. Benefits and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program account will be reversed if the purchase is returned or if the balance is obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited.
3.3. Some purchases are excluded from the Program including but not limited to, Viva Glam products and other charitable products where funds are donated to M·A·C Aids Fund or any other charitable organization, value sets, select premium products and services, and other specified products.
3.4. We reserve the right to change how you unlock each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
3.5. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact M·A·C Cosmetics Customer Service at MAConlineService@maccosmetics.com. Your email must specify your name, address, phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
3.6. Rewards can only be redeemed in M·A·C Cosmetics owned and operated stores in the United States (excluding Massachusetts), and/or on the Site, depending on the reward. Purchases made in department stores, specialty stores, travel retail stores, affiliates not solely owned and operated by M·A·C Cosmetics, in M·A·C Cosmetics retail stores in Massachusetts, or in M·A·C Cosmetics retail stores outside of the United States are not eligible for the Program.
4. Marketing Communications
4.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving (1) Program related emails, including Program marketing emails. and (2) M·A·C Cosmetics Online emails, including marketing emails.
4.2. You may opt-out of receiving Program or M·A·C Cosmetics Online marketing emails at any time, but operational emails will still be sent to you, and you consent to their receipt. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account.
5. Termination and Modification
5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
5.2. We reserve the right to exclude you from or to discontinue your participation in the Program in our sole discretion. Any abuse of the Program, failure to follow any Program terms, membership inactivity for more than 24 months, misrepresentation or conduct detrimental to us or our interests may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on the website or by informing an Artist at any M·A·C Cosmetics owned and operated retail store in the United States (excluding Massachusetts).
6. Disclaimer of Warranties; Limitation of Liability
6.1. NEITHER M·A·C COSMETICS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
6.2. YOU AGREE THAT NEITHER M·A·C COSMETICS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
6.3. FURTHER NEITHER M·A·C COSMETICS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
7. Indemnification
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.
8. Governing Law and Disputes
8.1. This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, as if they were a contract wholly entered into and wholly performed within New York and without reference to conflict-of-laws considerations.
8.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
8.3. 8.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
9. Privacy
We value your privacy. The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with our Privacy Policy.
10. Contact Us
For information about the Program and your membership, contact 1.800.588.0070 from within the U.S.A. or via email MAConlineService@maccosmetics.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.