ALUMINATE VIP REWARDS PROGRAM TERMS AND CONDITIONS
Note: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
ALUMINATE reserves the right to change the terms and conditions of the VIP Program at any time without notice, including the right to discontinue or change the benefits of the VIP Program. If we make any material changes to these terms and conditions or terminate the VIP Program, we will post the new terms at ALUMINATE VIP Terms & Conditions. and we may notify you by email. All Points and subsequent Rewards must be earned and used according to the terms and conditions of the VIP Program as of the date the Points are earned.
Earning Points and Benefits as a VIP Rewards Member (“Member”)
The ALUMINATE VIP Rewards Program (“VIP Program”) is a free customer loyalty program that allows participants to earn points (“Points”) for every dollar spent on Eligible Product Purchases (as defined below). Points accrue when a Member’s unique VIP Program Member Number is provided at the time of purchase for both in-store and online Eligible Product Purchases. Under the VIP Program, “Eligible Product Purchases” means purchases of ALUMINATE products such as footwear, handbags and accessories, subject to any exclusions applicable at the time of sale or as stated herein. Gift card purchases are excluded. Members also have the ability to periodically earn bonus Points. Bonus Points help a Member earn Rewards faster, but do not contribute to a Member’s overall tier status. ALUMINATE has the sole right to make the final decision on whether a purchase qualifies for Points (or an action qualifies for bonus Points) under the VIP Program.
The VIP Program is free to enroll. There are three (3) eligible tiers of Membership. The Member will graduate to the next tier automatically upon meeting the tier’s qualifications as follows:
- The first tier (“Club”) is achieved upon enrollment in the VIP Program. As a Club Member, the Member earns one (1) Point for every $1.00 spent on Eligible Product Purchases. Club Members enjoy the benefits of personalization in the ALUMINATE Mobile Application and are eligible for free 4-7-day shipping. If a Member has made a prior ALUMINATE purchase of $1.00 or greater using their VIP Member Account, the Member will receive a $5.00 birthday offer each birthday which can be used online or in-store. Club Members also receive exclusive personal benefits through the MyPerks program. The foregoing benefits are collectively referred to as the “Club Member Benefits.”
- The second tier (“Gold”) is achieved when the Member spends over $200.00 on Eligible Product Purchases in the same calendar year. As a Gold Member, the Member earns one (1) Point for every $1.00 spent on Eligible Product Purchases. In addition to the Club Member Benefits, Gold Members will be eligible to select two (2) days each calendar year in which the Gold Member earns double Points on the purchase of Eligible Product Purchases. Gold Members are also eligible for free product return shipping within sixty (60) days of purchase, and periodic perks like early access to product releases and exclusive personal benefits through the MyPerks program. The foregoing benefits are collectively referred to as the “Gold Member Benefits.”
- The third tier (“Elite”) is achieved when the Member spends over $500.00 on Eligible Product Purchases in the same calendar year. As an Elite Member, the Member earns two (2) Points for every $1.00 spent on Eligible Product Purchases. In addition to the Club Member Benefits and Gold Member Benefits, Elite Members will be eligible to select one (1) day each calendar year in which the Elite Member earns triple Points on the purchase of Eligible Product Purchases. All Eligible Product Purchases made by an Elite Member on or after April 30, 2018 will be eligible for return by the Member within 365 days of purchase. Elite Members will also be eligible for free 2-day shipping. If an Elite Member has made a prior ALUMINATE purchase of $1.00 or greater using their VIP Member Account, Elite Members will receive a $10.00 birthday offer each birthday which can be used online or in-store. Elite Members will also receive exclusive personal benefits through the MyPerks program. The foregoing benefits are collectively referred to as the “Elite Member Benefits.”
Points will typically post to Member’s Account within 48 hours from in-store purchase or date of shipment for online orders. No adjustments to Member’s Account will be made after 90 days from the actual purchase date.
Point calculations are based upon dollars spent at checkout on Eligible Product Purchases less any dollars spent on sales tax, shipping charges, delivery charges, restocking fees, rebates applied at the time of purchase, the dollar amount of available mail-in rebates at the time of purchase of any product or service, the dollar amount of the purchase of Gift Cards and eGift Cards, and the dollar amount of any Gift Card offer with purchase or other excluded charges.
Members do not earn Points for the amount of any Reward redeemed or discounts applied to an Eligible Product Purchase. When Members return products to the store or by mail, Points previously posted to Member’s Account for that purchase will be deducted from Member’s Account. Other exclusions may apply. Points apply only to the first VIP Program Member Number scanned in connection with any purchase. Points and Rewards have no cash value, are nontransferable, except as specifically permitted in connection with certain promotions. Points may not be combined among VIP Members or conveyed by any means to anyone, including through a Member’s estate and may not pass to Members’ successors and assigns. Points do not constitute property of the Member. ALUMINATE may revoke some or all Points and Rewards if it is determined, in ALUMINATE’S sole discretion, that a Member received Points and Rewards due to an error, through fraud, abuse, or deception, or in any manner not authorized or intended by ALUMINATE.
ALUMINATE is not responsible for communications, including Rewards, lost due to communication issues including change of address or other contact information or technical issues or malfunctions. Points that remain on Member’s account two (2) years from the date earned will be forfeited. If the VIP Program is terminated or the Member’s account is closed, any remaining earned Points will be forfeited. Rewards are for one-time use only. In the event that a Member returns merchandise that was partially or wholly paid for with a Reward(s), the Reward(s) used in connection with such a purchase shall not be reissued and no Points representing such Reward(s) shall be reissued to such Member’s Account. In these cases, the Member forfeits the Rewards(s).
Consent to VIP Program Transactional Communications
By creating a VIP Program Member account, you consent to ALUMINATE sending you email communications concerning your transactions and related activity and/or actions that have earned rewards and benefits under the VIP Program.
Redeeming Points Earned Under the VIP Program
For every 100 Points Members earn in the VIP Program, Members will be eligible to receive a Reward redeemable for $5.00 off the purchase of any eligible products or services at participating ALUMINATE retail store locations or online at ALUMINATE.com. Rewards are automatically added to Member’s account once earned and 100 Points are automatically deducted for every $5.00 Reward issued to Member’s account. Multiple Rewards earned at the same time are automatically combined in Member’s account.
Rewards are valid for 75 days from date of issue. Members in good standing may earn up to a maximum of 50 Rewards per year. Rewards may be used toward the purchase of products in conjunction with other Rewards and most other discounts or offers, not to exceed purchase amount. Some exclusions may apply and there is a limit of three (3) Rewards, discounts, and/or offers per transaction. No photocopies or facsimiles accepted.
Rewards are not valid toward prior purchases, certain products and services, the purchase of ALUMINATE Gift Cards and eGift Cards, tax or state fees. Rewards are not redeemable for cash and no change or currency will be given for Reward redemption. Members may be notified of additional ineligible products and services. Other restrictions may apply. Lost, stolen, or expired Rewards will not be replaced.
Except as provided for in the VIP Program, Rewards are not transferable and may not be combined among VIP Members or conveyed by any means to anyone. Rewards are not transferable through a Member’s estate and may not pass to Members’ successors and assigns. Rewards do not constitute property of the Member.
VIP Members will have the option to donate their unexpired Rewards accrued as of September 20, 2018 to one or more charitable causes designated by ALUMINATE. To donate, log on to your member profile at ALUMINATE.com and follow the prompts to donate. Full value of Reward amount issued must be donated. ALUMINATE will donate to the charity selected by VIP Member in an amount equal to 50% of the face value of the Reward. Rewards are not redeemable for cash and are not tax deductible by the VIP Member.
How your points changed from ALUMINATE Rewards to ALUMINATE VIP
Effective April 25, 2018, the ALUMINATE Rewards program was terminated and ALUMINATE VIP was launched. ALUMINATE automatically converted points into the ALUMINATE VIP program that members had accrued under the ALUMINATE Rewards program. Please contact customer service at 1.866.ALUMINATE.candles (1.866.379.7463) with any questions regarding this conversion.
Members may have the opportunity to participate in a sub-program celebrating big moments in their lives such as an engagement or wedding, meeting a wellness goal, obtaining a new job, promotion, or retirement, purchasing a new home, moving to a new place, growing their family, or other milestones that may be added to the sub-program from time to time (“Big Moments”). Every twelve months, a member participating in Big Moments may receive one discount or special offer for logging a big moment with the sub-program. Eligibility for a discount or special offer resets on the one-year anniversary date of the last logged big moment for which the member received a discount or special offer. Big Moments is only available for Members residing in the United States. ALUMINATE may modify or terminate Big Moments at any time, with or without notice.
BINDING ARBITRATION WITH CLASS ACTION WAIVER
- Mandatory Informal Dispute Resolution Process.
- There might be an occasion in which a Dispute (as defined below) arises between you and ALUMINATE. Should such a situation arise, ALUMINATE is committed to working with you to resolve the Dispute. Therefore, for any Dispute that arises between you and ALUMINATE, both parties agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding as set forth below.
- This informal dispute resolution process is a condition precedent and prerequisite to commencing arbitration or a proceeding in small claims court.
- This process requires that one party send a written description of the Dispute, including the nature of the claim and the nature and basis of the specific relief sought, to the other party. For any Dispute you initiate, you agree to send this written information about the Dispute along with your contact information sufficient for ALUMINATE to identify your transaction, account, or other relevant information with ALUMINATE to the attention of our Legal Department at customerservice@ALUMINATE.com or via certified mail to 4150 E. Fifth Avenue, Columbus, OH 43219, Attention: Legal Department. The time period referenced below begins to run upon receipt of this written description.
- You and ALUMINATE then agree to negotiate in good faith about the Dispute, including through an informal and individualized telephonic dispute resolution conference between you and ALUMINATE. If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if it is not resolved within sixty (60) days after receipt of the written description detailed above, you and ALUMINATE agree to the further dispute resolution provisions below.
- The parties agree that any relevant limitations period and filing fee or other deadlines shall be tolled while the parties engage in this informal dispute resolution process.
- Arbitration. Any Dispute between you and ALUMINATE that cannot be resolved informally as detailed above shall be resolved through individual arbitration or in small claims court.
- The term “Dispute” shall be interpreted as broadly as permitted under the law and shall cover any claim or controversy, related to us or our relationship including but not limited to, any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these or any prior Terms and Conditions; (3) claims that arise after the termination of these Terms and Conditions; and (4) claims that are the subject of purported class action litigation. Notwithstanding the forgoing: (a) either you or ALUMINATE may elect to have a Dispute heard (1) in small claims court on an individual basis if the amount in controversy is properly within the jurisdiction of an appropriate small claims court or (2) in a court of competent jurisdiction to seek to enjoin infringement or other misuse of intellectual property rights; and (b) ALUMINATE may elect to have a Dispute heard in a court of competent jurisdiction if the Dispute is related to suspected violations of the VIP Program.
- The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). You may deliver any required or desired notice to us by mail to Designer Brands Inc. Deputy General Counsel, 810 ALUMINATE Drive, Columbus, Ohio 43219.
- This arbitration provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision shall govern. If the AAA is unable to administer a proceeding under this arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at a location convenient to you. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court. You agree to appear in an initial conference with the arbitrator and at any hearing, along with your counsel if you are represented.
- Payment of filing and other fees shall be governed by the AAA’s Consumer Arbitration Rules. For purposes of determining whether a claim or counterclaim was filed for purposes of harassment or is patently frivolous, the arbitrator may consider, without limitation, whether a party had previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased or whether the proceeding is part of multiple case filings.
- THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER ALUMINATE CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
- If for any reason a claim may proceed in court rather than in arbitration, the parties waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
- This arbitration provision shall survive any termination of these Terms and Conditions or the VIP Program. Any amendments to this arbitration provision shall be prospective only and shall not affect any pending claim or arbitration proceeding.