PartyLite Loyalty Program Terms of Use

Please read this statement carefully before enrolling in PartyLite’s Loyalty Program (“Program”). By enrolling in the Program, you accept and agree to be bound by and abide by these Terms of Use (“Terms”). SECTION 11 CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, WHICH AFFECT CERTAIN RIGHTS YOU MAY HAVE. PLEASEREVIEW THESE TERMS OF USE CAREFULLY. If you do not wish to accept these Terms, do not enroll in the Program. These Terms apply to you and PartyLite Gifts, Inc., PartyLite Worldwide, LLC, and PartyLite Gifts, Ltd., (collectively or individually, “PartyLite”, “we”, “us, “our”) and are in addition to any other agreements between you and PartyLite, including our Terms & Conditions and Privacy Policy which you agreed to when you accessed our website or made a purchase. Our Terms & Conditions and Privacy Policy are incorporated by reference and shall apply to your participation in the Program. The Program is only open to members located in the United States (including Puerto Rico, US Virgin Islands, APO/FPO, Guam) and Canada.

1.   Program Description, Eligibility and Earning Points

The Program is a free customer loyalty program that allows Members (as defined below) to receive and redeem loyalty points (“Points”) for Rewards (as defined below and on PartyLite’s website). Members may receive Points through eligible product purchases (1 Point per $1 spent, does not include sales tax, shipping charges, promotion discounts, coupon discounts, Certificate/Gift Card redemptions and Certificate/Gift Card purchases), or other actions or opportunities as may be presented by PartyLite from time to time. This may include, for example, a bonus for creating an account (limit once per member), bonus for signing up for eNewsletter and/or SMS (limit once per member), points for referring a friend (referral must be a natural person, a new/first-time customer with PartyLite, making a purchase using your custom referral link or other methods supplied by us that allow for proper tracking of referrals, and placing an with a subtotal that is greater than a stated minimum, providing a product review (must be on verified purchase through PartyLite.com/PartyLite.ca), following PartyLite on Facebook (limit of one time per member), following PartyLite on Instagram or other social media platform (limit of one time per member), and points awarded on your birthday (limit of one time per member per year). Points for such activities will be awarded as described in the applicable offer and will be subject to any additional terms set forth with that offer. The number of points earned for each action will be stated on the website and is subject to change at any time without prior notice. Program may include membership tiers for different levels of purchases. These will be defined on PartyLite’s website. Points earned in the US can only be redeemed on PartyLite.com. Points earned in Canada can only be used on PartyLite.ca.

Participation in the Program is limited to individuals only, one account per individual, who reside in the United States (including Puerto Rico, US Virgin Islands, APO/FPO) or Canada, and who are 18 years of age or older, or otherwise are of the age of consent under applicable law. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account are eligible to participate. No business entities, third-party aggregators, organizations, or groups may register for or participate in the Program or earn Points. PartyLite Affiliates and household members of active PartyLite Affiliates are NOT eligible to participate in the Program. Household members are identified by physical address.

There is no fee associated with the Program. Participation in the Program is voluntary, personal and non-transferable. Points, Rewards, and Member Benefits may not be gifted, purchased, sold, bartered, brokered or otherwise transferred. Points, Rewards, and Member Benefits available via the Program have no cash value, are not redeemable for cash, gift certificates or gift cards, are purely promotional, and do not constitute property of any participant. No portion of any payment for purchases qualifying for the Program or any Points, Rewards, or Member Benefits constitute consideration paid for any of the foregoing. PartyLite reserves the right to limit the redemption of specific Rewards and Member Benefits and limit the number of Points, Rewards, and Member Benefits available.

2.   Joining the Program

To participate and enjoy the full benefits of the Program, eligible individuals must create an e-shop account, and enroll in the Program (“Member”). To create an e-shop account you must sign up for an account either on your PartyLite Affiliate’s unique affiliate link or at https://www.PartyLite.com (US) or https://www.PartyLite.ca (Canada), and provide the required information. Signing up is free. You agree to provide true and accurate information. Communications with you will be made using contact information that you provide. PartyLite reserves the right to limit participation and enrollment at any time. PartyLite is not responsible for any inability on your part to receive or redeem Points, Rewards, or Member Benefits.

3.   Earning Rewards Points

The benefits available to a Member are based on the number of Points that the Member receives through participation in the Program. PartyLite is under no obligation to provide Members with any particular number of Point-earning opportunities.

You may receive Points for qualifying purchases and transactions following enrollment as a Member in the Program. Points are automatically tracked at the time of the qualifying purchase, transaction or activity, but points will only be applied your account after shipment of your order. You will not receive Points for any amounts paid for delivery fees or taxes. Points for any single qualifying purchase or activity may only be credited to one Member account. In certain cases, it may take twenty-four (24) hours or more for Points to be credited. PartyLite will not be responsible for, or liable to, any Member, person or entity, in any way, for any losses, costs or expenses incurred by a delay or error in crediting Points, Rewards, or Member Benefits to a Member’s account. Available Point totals for a Member account will be displayed in the Member’s account or at check out.

Points may not be combined with any other coupon, discount, or other promotion. When Members return products, Points previously posted to Member’s Account for that purchase will be deducted from Member’s Account. PartyLite may discontinue the Program as set forth in Section 6, below, though Members can opt-out of the Program at any time. Points expire after 12 months of inactivity. For clarity, Customers who exceed 12 months without accruing or redeeming any Points (see Redeeming Points below) will be deemed inactive and lose their accrued point balance. In some jurisdictions, PartyLite may be required to provide 30 days’ notice to some Members before their Points expiration date. Points and Rewards earned through the Program have no dollar value and may not be redeemed for cash or shared with other Members. You do not acquire any property interest in any of the Points or Rewards. Upon termination of the Program all Points and Rewards will expire and will not be redeemable for cash or any other form of compensation except as required by law.

4.   Redeeming Points (100 Points is $10 Off)

Points may be redeemed and applied toward the purchase of an Eligible Product. Redemptions may only be made in one hundred (100) point increments, which may be redeemed for a reward of ten dollars ($10.00) off the purchase of an Eligible Product (“Reward”). You must have at least enough available Points in your account (“Available Points”) for the Reward. Members must accrue a minimum of one hundred (100) Available Points before the first redemption for any Reward. In any single transaction, only one account may be used to redeem Points for Rewards. Points accrued by a Member in any purchase or transaction may only be redeemed for Rewards in a separate, subsequent purchase or transaction. Points and Rewards are non-transferable.

Points will be deducted from the Member's account immediately when a Reward is requested at checkout based on the total Points for the requested Reward. PartyLite reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available. Rewards expire 30 days after the date they are requested during checkout, even if the transaction is canceled or a refund is requested. Rewards will also not be reapplied to your account as Points.

Eligible Products. Rewards cannot be combined with any other coupon, offer, or code and can only be redeemed for full retail priced items. Rewards cannot be redeemed for Certificates, Gift Cards, discounted, discontinued, special sale, or outlet items. Rewards cannot be applied toward sales tax or shipping or handling fees.

5.   Special Member Benefits

PartyLite, in its sole and absolute discretion, may periodically offer the opportunity for additional rewards or benefits on particular transactions or special offers (“Special Member Benefits”). Special Member Benefits may be distributed online or via email from time to time.

6.   Modifications, Termination, and Notice of Changes

In our sole discretion, PartyLite may modify or terminate the Program, or modify any portion of these Terms at any time. Such changes or modifications may include, but are not limited to, our right to discontinue or change the expiration date or redemption value of Points, Rewards or Member Benefits, merge the Program with another program, or to adjust how Points, Rewards and Member Benefits are received, calculated, or redeemed even though such changes may affect the value of points already accumulated, the value of Rewards or Member Benefits, and/or the time for redemption. If we decide to materially change or terminate the Program or a Reward or Member Benefit, we will provide you with sixty (60) days’ notice before the change or termination takes effect by emailing you at the email address most recently provided by you. We will give you notice of other changes to the Program or these Terms by posting an updated copy of the Terms on our website. Some jurisdictions do not permit making changes to these Terms that will devalue or reduce the number of points that Members have already accumulated. PartyLite will follow all applicable laws for Members who are residents in those jurisdictions. If the Program is terminated or the Member’s account is closed for any reason by either party, any Points, Rewards, and Member Benefits will immediately expire and will be forfeited. Once forfeited, Points are no longer redeemable for Eligible Products, cash, or any other form of compensation except as may be required by applicable law.

We may cancel your enrollment in the Program and suspend or terminate your ability to earn or redeem Rewards Points if we suspect or determine that you have committed fraud, are abusing the Program, or have violated any applicable Loyalty Program terms and conditions, and as otherwise set forth in these Terms. Violating these Terms may include but is not limited to an attempt to sell, exchange or otherwise transfer Points, Rewards, Member Benefits or any instrument exchangeable under the Program to a third party or not using the Program as intended.

If any change to these terms is found invalid, void, or unenforceable for any reason, such change is severable and will not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED USE OF THE PROGRAM AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ALL OF THE CHANGES, YOU MUST OPT OUT OF THE PROGRAM.

7.   Collection of Personal Information

In order to administer the Program, we will collect and maintain information about you, including but not limited to personal contact information, your PartyLite purchases, and your social media activity (“Personal Information”), and by enrolling in the Program you hereby consent to our collection and maintenance of such information, as this is necessary for PartyLite to provide the Program to you. Please refer to PartyLite’s Privacy Policy for more details on the types and categories of Personal Information we collect.

8.   Consent to Electronic Disclosures.

By enrolling in the Program, you hereby authorize PartyLite to email you any notices, reports, transaction confirmations, account statements, correspondence, and other information necessary for you to participate in the Program. You agree that these communications are not unsolicited for purposes of any state or federal law. You may update your email address at any time by logging into your e-shop account and updating your profile. PartyLite is not responsible or liable if you are unable to access PartyLite’s website or receive emails. Emails are presumed to be delivered to and received by you when sent by us, whether actually received or not. If you withdraw your consent to receive emails, you will not receive Loyalty emails, and we reserve the right to cancel your enrollment in the Program, except where prohibited by law.

9.   California Consumer Privacy Act (CCPA) Notice of Financial Incentive

In order to participate in the Program, you will be providing personal information in exchange for Points or Rewards. You can opt in into the Program by creating an e-shop account. If you wish to opt-out of the financial incentive, do not create an e-shop account. After joining the Program, you may withdraw your consent and opt out of it. See Section 10 below for more details. If you have consented to receive marketing updates or offers, then you may receive marketing materials that contain information on creating an e-shop account and/or opting into the Program. Such communications are general and not targeted for any specific customer that has opted not to create an e-shop account or participate in the Program.

Participation in the Program is voluntary. Our collection of Members’ Personal Information allows us to operate the Program and provide membership benefits. PartyLite uses the Personal Information of Members, including their social media activity, to both award and redeem points. Otherwise, the types of Personal Information that we collect from Members are generally similar to the types of Personal Information that we collect from individuals who are not Members. Please refer to PartyLite’s Privacy Policy for more details on the types and categories of Personal Information we collect.

Solely for purposes of compliance under the CCPA and pursuant to the valuation options mandated by the CCPA regulations, PartyLite estimates the value of a Member’s Personal Information to PartyLite, is approximately $10 for each 100 points that Members accrue. As such, the total value depends upon the quantity of points accrued for each individual Member. The value of Program benefits to Members varies significantly as individual members take advantage of Program benefits to varying degrees.

Members who are California residents may exercise their CCPA rights without any effect on their membership status or eligibility to receive rewards, and Program members who exercise their privacy rights under the CCPA receive the same benefits as Members who do not. All members, regardless of residency, may also choose not to receive marketing updates or offers at any time without any effect on their membership status or eligibility to receive Program benefits. For more information about your rights and how to exercise those rights, please visit PartyLite’s Privacy Policy.

10.   Opting Out of Program

After joining the Program, if you wish to withdraw your consent and opt out of it, you can contact: csna@partylite.com.

Unredeemed Points expire upon the cancellation or termination of your participation in the Program.

11.   Governing Law, Jurisdiction, and Arbitration.

All matters relating to these Terms and the Program, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Ohio without regard to any choice or conflict of law principle.

Any dispute, controversy or claim related in any way to these Terms or participation in the Program, including disputes arising from or concerning these Terms interpretation, violation, invalidity, non-performance, or termination, shall be submitted on an individual (not a class-wide) basis to final and binding confidential arbitration in Hamilton County, Ohio under the Rules of Arbitration of the American Arbitration Association. This arbitration obligation applies regardless of whether the dispute, controversy, or claim involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.

An arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims relating in any way to the Program, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceeding as a representative of others, join in any court or arbitration proceeding brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under Massachusetts Consumer Protection Law, Ohio’s Unfair and Deceptive Trade Practices Act, California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.

Before commencing any arbitration proceeding under the Terms, you must first present your claims or disputes to PartyLite by emailing the customer service department at csna@partylite.com and allowing PartyLite the opportunity to resolve the claims or disputes. If your claims or disputes are not resolved within sixty (60) days, you may commence the final and binding confidential arbitration proceedings described in paragraph 2 of this Section, as the sole remedy for your claims or disputes.

UNLESS PROHIBITED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12.   Limitation of Liability.

Nothing in these Terms and in particular within this Limitation of Liability clause shall attempt to exclude liability that cannot be excluded under applicable law.

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS OF USE, IN NO EVENT WILL PARTYLITE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES OR OTHER REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS OR REVENUE, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM OR THE INFORMATION CONTAINED ON THE PARTYLITE WEBSITE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE IF YOU OPT OUT OF THE PROGRAM

TO THE FULLEST EXTENT ALLOWABLE BY LAW, PARTYLITE SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, POINTS, REWARDS OR MEMBER BENEFITS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR OTHERWISE.

IF PARTYLITE IMPROPERLY DENIES REWARDS POINTS, A REWARD OR MEMBER BENEFIT, OUR ONLY AND MAXIMUM LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS.

13.   Exclusion of Certain Damages.

Without limiting the foregoing, PartyLite will not be liable for any damages, including indirect or consequential damages, arising from:

  1. Any failure to screen users or Participants in the Program;
  2. Acts or omissions of any users or Participants in the Program;
  3. Materials posted by, or of, any party other than PartyLite or any use thereof;
  4. The accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or
  5. Any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond our reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, pandemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.

14.   Participant Instructions.

You agree that we may rely on your instructions. You agree that we will not be liable for honoring instructions received from any person claiming to be you, provided reasonable verification procedures have been followed. We may follow any instructions received by electronic means through the PartyLite website just as if you had given such instructions in person, regardless of whether or not you have personally initiated such instructions.

15.   Waiver and Severability

No waiver by PartyLite of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PartyLite to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

16.   Entire Agreement

These Terms constitute the sole and entire agreement between you and PartyLite regarding the Program and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Program. These Terms will not be deemed to create an agency, partnership, joint enterprise, or fiduciary relationship between you and PartyLite.

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