Last updated: December 30, 2019

Smashcash US Loyalty Program: Terms and Conditions of Participation

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE SMASHCASH 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 CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.

1. Membership Eligibility and Overview

1.1. The Smashcash US Loyalty Program (“Program”) is offered at the sole discretion of Smashbox Beauty Cosmetics, Inc. (“Smashbox” “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 18 years or older and who provide and maintain a valid email address are eligible to become members. This Program is not targeted at children or intended for use by anyone under the age of 18. Employees of Smashbox and Smashbox PRO members are not eligible to participate in the Program. 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.

1.2. By joining the Program and becoming a Program member, you (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 (“Program Terms”) and by any changes or modifications we may make. You should review these Program 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 Program 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 Program 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.

2. Program Enrollment

2.1. Eligible individuals may enroll in the Program by visiting www.smashbox.com (collectively, the “Site”) and following the Program prompts to register for the Program.

2.2. You are required to provide your full name, email address and birth date and to create a password in order to enroll. You will also have the opportunity to provide us with your 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 or by calling customer service at 1-888-763-1361.

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/or taking other Program related actions. You are able to earn points and reach Program loyalty levels by making eligible purchases or taking certain other Program actions. Once you earn a certain number of points and/or reach a certain loyalty level, you may be eligible for certain benefits and rewards applicable to that level 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 reach Program loyalty levels and earn points will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching the Program loyalty levels.

3.2. The Program is a tier-based program determined by the amount a member has spent on eligible purchases within a single year, beginning on the date when you enroll. There are 3 levels with associated benefits. When you join, you’ll automatically be placed in Level 1, Minimalist and be eligible for all the benefits Level 1 members receive. Once you spend at least $75 on eligible purchases in your first year, you’ll be automatically moved up to Level 2, Bawse. If you spend $250 or more on eligible purchases in your first year, you’ll qualify for Level 3, Big Spender. Your status in a particular level is good for the year in which you qualify for that level and the following full year. After that, you’ll need to earn enough points to qualify for that level each year. For example, if you qualify for Level 2, Bawse, during your first year, you’ll maintain Bawse status during your second year. But, if you spend less than $75 on eligible purchases during your second year, you’ll drop back down to Level 1, Minimalist status on your second anniversary date. This is the anniversary of the date you enrolled in the Program and occurs on a 12-month cycle.

3.3. Purchases made on the Site are eligible for the Program. Purchases made in department stores, specialty stores, or in any retail store are not eligible for the Program. For your purchase to qualify for the Program, you must be enrolled in the Program and be signed into your online account at the time of purchase on the Site.

3.4. The Program also provides Members with opportunities to earn points on eligible purchases. Minimalist and Bawse Members receive 1 point for every $1 spent on eligible purchases at the Site. Big Spender Members earn 2 points for every $1 spent on eligible purchases at the Site. Eligible purchases include regular priced merchandise and exclude Gift Cards, sales tax, state fees, 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. Points are valid for one year from your Program anniversary date, unless you spend the minimum amount required to maintain your Level that year ($75 for Bawse Members and $250 for Big Spender Members).

4. Program Benefits and Rewards

4.1. Program benefits and rewards are based on level achieved and you are eligible for a particular level’s benefits while you are in that level, regardless of the number of points you currently have. Perks and points can only be redeemed on the Site unless otherwise noted. 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 on the Site to use your benefits and redeem rewards. You will find your eligible offers and rewards (with offer codes if applicable) listed at checkout when you are logged-in to your account. Please review our FAQs for a current list of available benefits and rewards.

4.2. 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 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.

4.3. 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. Purchase balances and/or 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 or benefits offered through the Program, other than by us, is expressly prohibited.

4.4. Rewards cannot be exchanged or returned for points, another product or service, or a monetary refund.

4.5. 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.

4.6. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.

4.7. We reserve the right to change Program benefits, how you reach each Program level, 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 level or number of points, the number or types of rewards or benefits you may receive or earn in any given level or at any given number of points, in a given time period or for the duration of the Program, and/or any combination thereof.

4.8. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Smashbox Customer Service at 1-888-763-1361 or via email by using our contact form, available at http://www.smashbox.com/customer_service/contact_us.tmpl. Your email must specify your name and your 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.

4.9. Rewards can only be redeemed on the Site and only with a product purchase, unless otherwise noted by Smashbox.

5. Marketing Communications

5.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving Program related emails, including Program marketing emails. We also may give you the option to opt-in to receive other marketing communications from us at the time of enrollment.

5.2. You may opt-out of receiving Program marketing emails at any time, but operational emails will still be sent to you as they relate to your membership in the Program, 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. If you terminate your Program membership, you will no longer receive Program-related communications.

6. Termination and Modification

6.1. The Program and its benefits are offered at our sole discretion. 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. Any suspected abuse of the Program, failure to follow any Program Terms, 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 contacting customer service at 1-888-763-1361. If you cancel your membership, you will lose all accumulated points, benefits and level status.

7. Disclaimer of Warranties; Limitation of Liability

7.1. NEITHER SMASHBOX NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE PROGRAM 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.

7.2. YOU AGREE THAT NEITHER SMASHBOX 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.

7.3. FURTHER NEITHER SMASHBOX 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 EXCEED ONE HUNDRED DOLLARS ($100.00).

7.4. 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 PROGRAM 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.

8. 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 Program Terms.

9. Governing Law and Disputes

9.1. This Program and these Program 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.

9.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE PROGRAM 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 Program 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.

9.3. 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.

10. 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 the Smashbox Privacy Policy. Without limiting the foregoing, we will use and retain your personal information to (1) provide goods and services to you, such as servicing and maintaining your Program membership with us; (2) protect against deceptive and fraudulent activity; (3) enable internal uses that are consistent with our Privacy Policy; and (4) comply with a legal obligation. CA Residents: The Program may be considered a “financial incentive” under California law. Please review our Privacy Policy, which includes our Financial Incentive Notice.

11. Contact Us

For information about the Program and your membership, contact 1-888-763-1361 from within the U.S.A. or email us using our contact form, available at http://www.smashbox.com/customer_service/contact_us.tmpl. 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.