NYX PROFESSIONAL MAKEUP
MAKEUP CREW REWARDS PROGRAM TERMS AND CONDITIONS
Updated: October 23, 2017
PLEASE READ CAREFULLY. By participating, you agree to the following terms and conditions for the NYX Professional Makeup Makeup Crew Rewards Program, including, where permitted by law, binding arbitration in the event of any disputes involving your purchases or participation. You need not join to purchase products at www.nyxcosmetics.com or any retail location.
Membership & Eligibility
The Makeup Crew Rewards Program (“Rewards Program”) offered by NYX Professional Makeup (“NYX Cosmetics”) is open to customers located in the United States. Membership in the Rewards Program ("Makeup Crew Members") is limited to individuals only and is limited to one account per individual. Employees, agents and representatives of NYX Cosmetics and its affiliates are ineligible to enroll. You must be age 13 years or older. Eligible minors must obtain parental or legal guardian consent before enrolling.
Rewards amounts are accrued based upon dollars spent for qualifying online purchases at NYXCosmetics.com and in-store at participating NYX Professional Makeup retail locations, or for participation in qualifying Rewards Program activities offered (described below) but excluding gift cards, sales tax, state fees, shipping charges, delivery charges as updated by NYX Professional Makeup from time-to-time. Reward amounts may be redeemed for a Reward Gift when a Makeup Crew Member accrues reward amounts of $40.00, $75.00, or $150.00 annually. Reward Gifts may be available for a limited time or in limited quantities and substitutions by NYX Professional Makeup may occur. Makeup Crew Members may only redeem one of each Reward Gift per transaction and must have the sufficient reward amounts at time of redemption. Qualifying reward amounts may only be redeemed once and reward levels earned are re-set after each Reward Gift redemption. Neither reward amounts nor Reward Gifts are redeemable for cash and have no cash value. Reward amounts are not transferable in the event of death or divorce and do not constitute property of member. Reward Gifts may not be returned or exchanged. Reward Gifts will be shipped only with purchases and the retail value of the Reward Gift does not count toward any free shipping or other offers requiring minimum purchase online. You are not required to redeem a Reward Gift during checkout. Due to the limited nature of the Reward Gifts, we apologize if we are unable to ship your Reward Gift of choice.
Rewards Program may include activities for Makeup Crew Members to participate in to earn qualifying reward amounts (“Reward Activity”). Any Reward Activity that includes the creation of a Makeup Crew Member communication or posting in social media, a website, participating in a sweepstakes or contest must include disclosure that the Makeup Crew Member is participating in a Rewards Program and earning rewards for such Rewards Activity. Rewards Activity are also subject to the Reward Activity rules or guidelines (where applicable), the terms and conditions and consumer review guidelines available on the NYXCosmetics.com website.
Reward accruals will be posted to the Makeup Crew Member’s reward accounts approximately 72 hours from purchase or participation in a qualifying activity. Reward accruals for purchases that are subsequently returned will be deducted from the reward balance. Makeup Crew Members are responsible for ensuring the accuracy of their rewards account, including reward amounts, email and other contact information. NYX Professional Makeup is not responsible for any incorrect or inaccurate information provided by a Makeup Crew Member. Makeup Crew Member accounts and reward amounts cannot be transferred or used by others.
NYX Professional Makeup reserves the right to deactivate or cancel Makeup Crew Member accounts for any reason, including but not limited to suspected fraudulent activity.
Rewards Members may cancel participation at any time through www.nyxcosmetics.com/contact-us
As a member, you will periodically receive emails and offers from NYX Professional Makeup. You may opt-out of the marketing emails at any time, however, administrative emails about Makeup Crew Member accounts will be sent subject to account cancellation.
General Program Conditions
By enrolling in Rewards Program, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current and complete.
By participating in Rewards Program, Makeup Crew Members agree to release and hold harmless NYX Professional Makeup, its parent, officers, directors, employees, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, losses or damages of any kind, including personal injury, death, or damage to or loss of property, arising out of participation in the Rewards Program.
Limitation of Liability
NYX Professional Makeup is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Rewards Program or utilized by a Makeup Crew Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither NYX Professional Makeup nor respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of or the production or distribution of Rewards Program (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF NYX PROFESSIONAL MAKEUP INCORRECTLY CALCULATES DENIES A MEMBER ANY REWARD AMOUNT, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. NYX PROFESSIONAL MAKEUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS, ARE NOT RESPONSIBLE FOR ANY PRODUCTS OR SERVICES OFFERED BY THE REWARDS PARTNERS. TO THE FULLEST EXTENT ALLOWABLE BY LAW, NYX PROFESSIONAL MAKEUP ITS JOINT VENTURES, OFFICERS, DIRECTORS, EMPLOYEES, AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Members agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Rewards Program. By participating in the Rewards Program, each member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to that member’s participation in Rewards Program, use of rewards, or agreement to these Terms. NYX Professional Makeup is not responsible for requests or correspondence lost or delayed in the mail.
Arbitration/Choice of Law
The Rewards Program and these terms are governed by and construed under the substantive laws of the State of New York, without reference to conflict-of-laws considerations. NYX Professional Makeup and each Makeup Crew Member agree that any dispute, claim, or controversy arising from or relating to the Rewards Program will be resolved by binding arbitration conducted in the State of New York. NYX Professional Makeup and member each acknowledge and agree that each has chosen arbitration rather than litigation to resolve any such dispute, claim, or controversy. NYX Professional Makeup and member each understand that a judgment on any arbitral award may be entered in any court having jurisdiction. No arbitration under this Rewards Program will be consolidated with any other arbitration.
If you have questions about your enrollment, these Terms and Conditions, or Reward Offers, please contact NYX Professional Makeup Customer Support using the form here: www.nyxcosmetics.com/contact-us or at our toll free number 1-844-335-3510.
NYX Professional Makeup, 2201 E. El Segundo Blvd., El Segundo CA 90245