|Terms and Conditions of Participation|
Effective Date: April 24, 2017Clinique Canada Smart Rewards Loyalty Program: Terms and Conditions of Participation
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE CLINIQUE SMART REWARDS 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.1. Membership Eligibility and Overview
1.1. The Clinique Smart Rewards Loyalty Program (“Program”) is offered at the sole discretion of Estée Lauder Cosmetics Ltd. d/b/a Clinique Canada (“Clinique,” “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 Canada and at least the age of majority in their jurisdiction of residence and who provide and maintain a valid email address are eligible to become members. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason. Employees of The Estée Lauder Companies 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 Program.
2.1 Eligible individuals may only enroll in the Program by visiting www.clinique.ca (collectively, the “Site”) and following the Program prompts to register for the Program.
2.2. You are required to provide your email address in order to enroll in the Program. You will also need to create an account by providing your name and creating a password in order to access certain Program benefits and rewards. You may also have the opportunity to provide us with your mailing address, birth date and mobile phone number, but this information is optional. 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.
2.3. Only one Program account may be associated with a single member and 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 Program 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. How the Program Works
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and for participating in certain brand experiences on the Site. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you reach a certain loyalty tier and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier and/or number of points, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points 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 earning points and reaching the Program loyalty tiers.
3.2. The Program is a tier-based program determined by the number of points a member has earned within a single year on eligible purchases and through qualifying activities, beginning on the date when you enroll. There are 3 tiers with associated benefits:
When you join, you’ll automatically be placed in Tier 1, Smart and be eligible for all the benefits Tier 1 members receive. Once you earn at least 250 points in your first year, you’ll be automatically moved up to Tier 2, Brilliant. If you earn 500 points or more in your first year, you’ll qualify for Tier 3, Genius.
Your status in a particular tier is good for the year in which you qualify for that tier and the following full year. After that, you’ll need to earn enough points to qualify for that tier each year. For example, if you qualify for Tier 2, Brilliant, during your first year, you’ll maintain Brilliant status during your second year. But, if you earn less than 250 points on eligible purchases during your second year, you’ll drop back down to Tier 1, Smart status on your second anniversary date.
3.3. For your purchase to qualify for the Program, you must be enrolled in the Program and (a) be signed into your online account at the time of purchase on the Site; or (b) provide your Program member identification (that is, the email address you registered under the Program) when submitting your qualifying receipt(s) from a qualifying retailer within thirty (30) days of the date of purchase.
3.3.1. Members receive 1 point for every 1 Canadian Dollar (CAD $1) spent on eligible purchases at the Site and 1 point for every CAD $1 spent (excluding sales tax) on eligible Clinique products purchased in store or online at the qualifying retailers listed below. Eligible purchases include regular priced merchandise and exclude eGift Cards, applicable taxes, discounts, shipping and delivery charges, and/or other excluded charges specified by us from time-to-time. All points earned from purchases on the Site are pending until your order ships, at which point they are fully matured and capable of redemption.
3.3.2. Qualifying purchases made in stores of certain qualifying retailers in Canada and/or through qualifying retailers’ Canadian websites are eligible for the Program, only if receipts from such purchases are submitted within thirty (30) days of the date of purchase by: (a) uploading a clear image of the receipt or invoice from within your Program account on the Site; or (b) emailing a clear image of the receipt or forwarding the website order confirmation to SmartRewards@clinique.ca. You must provide your Program member identification (that is, the email address you registered under the Program) when submitting your qualifying receipt(s). For more details on how to submit receipts, please click here. A list of qualifying retailers can be found here.
3.3.3. In addition to these purchases, you may also earn points for the following actions on the Site. To earn points, you must be a Program member and be logged into your Program account before completing the actions below. The number of points, if any, awarded for each action is determined by Clinique in its sole but reasonable discretion and in all cases subject to a maximum number of points earned for each action per year.
3.4. Members will not receive points or earn benefits from purchases made at airport store locations or from purchases made at non-qualifying retailers. Purchases made in retail stores outside of Canada are not eligible for the Program.
3.5. Points are valid for one year from your Program “anniversary date.” This is the anniversary of the date you enrolled in the Program and occurs on a 12-month cycle. On your anniversary date each year, your points reset to zero and you start accumulating new points and unlocking new point rewards.
4. Program Benefits and Rewards
4.1. As a member, you earn points that determine your points benefits plus tier levels and tier benefits. To redeem offers and rewards, you must have accumulated the minimum number of points as established by us for a particular benefit. Product rewards and samples are shipped with product purchases on the Site only. Points may never be exchanged for cash. You must be logged in to your Program account to use your benefits. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account. Qualifying members will receive email invitations when event rewards are available if they have not opted-out of receiving Program emails.
4.1.1. Point Rewards: At different point levels you will unlock rewards that can be used in conjunction with a purchase on the Site. These rewards are based on the number of points you have accumulated in a single year as listed below. You may redeem one reward per transaction on the Site. You must redeem your unlocked rewards prior to your anniversary date, or the available rewards will expire. On your anniversary date, your points reset to zero and you start accumulating new points and unlocking new rewards.
4.1.2. Tier Benefits: Certain benefits are based on tier achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. Tier benefits can only be redeemed on the Site with the exception of exclusive in-store member events and VIP events or as otherwise noted. On your anniversary date, even though your points reset to zero, your initial tier status for the year is determined by the number of points earned in the prior year. Please review our FAQs for more information on how to redeem your tier benefits.
4.2. Offers and rewards are available while supplies last and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem your accumulated rewards and/or benefits. We are unable to reship offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Clinique Customer Service at CustomerCare@clinique.ca or by calling 1-800-419-4041.
4.3. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the member paying for the products may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) are confidential and should not be shared with any other person.
4.4. Rewards, benefits and/or points 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. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Program Terms. The sale, barter, transfer, or assignment of any rewards, benefits, or points offered through the Program, other than by us, is expressly prohibited.
4.5. Rewards cannot be exchanged or returned for points, another product, or a monetary refund.
4.6. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Program Terms.
4.7. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.
4.8. We reserve the right to change Program benefits, how you reach each Program tier, how you earn points 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 or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
4.9. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Clinique Customer Service at CustomerCare@clinique.ca or by calling 1-800-419-4041. Your email must specify your name 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.
4.10. Rewards can only be redeemed on the Site, unless otherwise noted by Clinique.
5. Marketing Communications
5.1. By enrolling in the Program, you will automatically receive Program-related emails, including Program marketing emails and information about your Clinique Smart Rewards account, rewards and benefits. We may also give you the option to opt-in to receive other marketing communications from Clinique Online Canada at the time of enrollment.
6.1. The Program and its benefits are offered at our sole discretion. Except where prohibited by law (which may include Quebec), we may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, 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.
6.2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. To keep your account active you must log in to your Program account and make a purchase within 24 months. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity for more than 24 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, 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. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Program Terms, we also have the right to take appropriate legal action, in our sole discretion.
6.3. 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 Site or by calling 1-800-419-4041. If you cancel your membership, you will lose all accumulated points and benefits, and your tier status will automatically expire.7. Disclaimer of Warranties; Limitation of Liability
7.1. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
7.2. NEITHER CLINIQUE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS, BENEFITS, OR POINTS 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.
7.3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CLINIQUE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES 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, WARRANTIES OR CONDITIONS THAT DEFECTS OR ERRORS WILL BE CORRECTED
7.4. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CLINIQUE 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, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED CANADIAN DOLLARS ($100.00).
7.5. IF YOU HAVE A DISPUTE WITH US OR 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.8. Indemnification
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensor's, 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 or your breach of any of these Program Terms.9. Governing Law and Disputes
Unless that laws of your jurisdiction require that those laws apply (such as in Quebec), this Program and these Terms will be governed by and construed under the substantive laws of the province of Ontario and the laws of Canada applicable therein.
For information about the Program and your membership, contact Clinique Customer Service at 1-800-419-4041 within Canada or via email at CustomerCare@clinique.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.
|back to top