KATE SPADE SATURDAY MY REWARDS TERMS AND CONDITIONS
1.1 The Kate Spade Saturday My Rewards Program (the “Program”) is a paperless, electronic customer loyalty program operated by or on behalf of Kate Spade, LLC (“Kate Spade”). The Program provides registered users of the Kate Spade Saturday website (“Members” or “you”) with the opportunity to earn “Points” by participating in various activities, some of which are described below. You can redeem your Points from time to time for various “Awards” as set forth below. These Terms and Conditions govern the Program. Please read these Terms and Conditions carefully before participating in the Program. Your participation in the Program indicates that you have read, understood, and unconditionally consent and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms Kate Spade or any other person or entity, as determined by Kate Spade in its sole discretion.
2.1 The Program is open only to legal residents of the fifty (50) United States and the District of Columbia who are registered members of Saturday.com (the “Website”) and who are thirteen (13) years of age or older as of the time of participation. Any person whose access to the Website has been terminated or suspended by Kate Spade is NOT eligible to participate in the Program. To become a registered member of the Website, (registration is free), go to the Website, submit the information requested on the registration page and confirm your agreement to the Website's Terms and Conditions. For the sake of completeness, the Website's Terms and Conditions, located at http://saturday.com/privacy_com/terms.html are incorporated herein by this reference. Once you complete and submit all of the registration information, a Program account (each, an “Account”) will be created for you. All registration information must be completed in full. Memberships can only be used by the Member whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password. Limit one (1) Account per person. You cannot have more than one Account. Kate Spade may, at any time, require you to verify your name and address by means of faxing or mailing to Kate Spade a copy of your driver's license or other form of identification approved by Kate Spade, in addition to providing Kate Spade with a signed statement of legitimacy; and Kate Spade may automatically require such verification in the case of multiple accounts from the same address, household, computer or IP address. If you attempt to obtain more than one Account, all Points in your Account may be forfeited, and Kate Spade may, at its sole discretion, terminate your membership and permanently ban you from using the Website. Officers, directors and employees of Kate Spade and its parent, subsidiaries, divisions and affiliates, (collectively, “Program Entities”) may participate in the Program but may not be allowed to redeem Points for certain Awards and may otherwise be subject to restrictions that do not generally apply to how Points are earned or used. Additional or different eligibility criteria may apply to certain opportunities to earn Points and other invitations made by the Program Entities or their business partners. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Points for combined use, unless such use is expressly permitted by Kate Spade.
3. EARNING POINTS.
3.1 There are many ways to earn Points on the Website or through programs and invitations offered by the Program Entities alone or in conjunction with Kate Spade's business partners. Some of the ways to earn Points may include the following (the number of Points awarded for such activities and the daily or other limits set forth below are subject to change):
3.1.1 Creating Your Account
Upon completion and submission of your registration information to the Website, you will receive twenty five (25) Points.
3.1.2 Share a Product
If you use the icons provided on the Website to share a Kate Spade Saturday product on your Facebook page, Twitter account, Instagram account or other social media account designated by Kate Spade (each, a “Share”), you will receive one (1) Point. Limit of five (5) Point-earning Shares per day, per Account.
3.1.3 Favorite Item
You will receive one (1) Point each time you create a favorite item as explained on the Website. Limit five (5) Point-earning favorite items per day, per Account.
3.1.4 Making a Purchase
You will receive Points each time you make a purchase on the Website. You will receive five (5) Points for every purchase between$1 - $100, ten (10) Points for every purchase between $101 – $200, fifteen (15) Points for every purchase between $201 - $300 and twenty Points for every purchase over $301. Kate Spade reserves the right to change the amount of Points earned for a purchase at any time in its sole discretion.
3.1.5 Inviting Friends
The Website will provide Members with the opportunity to invite friends to register with the Website. Each time an invited friend registers with the Website, you will receive ten (10) Points. Limit of five (5) Point-earning registered friend rewards per Account. Please follow etiquette and invite only to people you know to register with the Website.
From time to time, Kate Spade may hold online or offline contests or sweepstakes tied into the Program (each, a “Program Sweepstakes” or “Program Contest”, and for ease of reference, collectively referred to herein as “Sweepstakes”). Points may be earned in connection with some of the Sweepstakes, either as a bonus for entering, as a prize that can be won or otherwise. In each such Sweepstakes, the available prizes and the number of possible prize winners will be set out in the advertising or promotional materials soliciting entries for the Sweepstakes or the Points-earning opportunity in question (“Promotional Materials”). Unless otherwise indicated in the Official Rules or Promotional Materials for the particular Sweepstakes, entry into one Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes.
3.2 The Program may award more than one type or “class” of Points. The number and type of Points (“Points Level”) that can be earned by participating in any opportunity to earn Points will be disclosed when the opportunity is presented. In accumulating Points, you may not rely upon continued Points levels. Kate Spade, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw or cancel any Points Level.
4. POINTS REDEMPTION.
4.1 Members may redeem Points for merchandise, digital or other virtual assets and other awards as determined by Kate Spade (each, an “Award”). Instructions for redeeming Points will be disclosed when the redemption opportunity is presented. Kate Spade, in its sole discretion, may impose a limit on the number of Awards in the aggregate or by type that may redeemed per Account, per day, per Award or per any other generally-applicable metric that may be selected by Kate Spade from time to time in its sole discretion.
4.2 Awards are subject to availability as determined by Kate Spade in its sole discretion. Kate Spade reserves the right to modify, amend or revise the Awards available. Members may not rely on continued Award availability. The number of Points required to redeem any Award may be substantially increased, any Award may be withdrawn, and restrictions on any Award or its redemption may be imposed by Kate Spade or its designee or the third party business partner supplying the Award. Awards are non-assignable and non-transferable and may not be bartered or sold. Any Awards assigned, transferred, bartered or sold in violation of these Terms and Conditions may be confiscated or cancelled. Physical Awards will be shipped only to the United States address currently on file with Kate Spade for the applicable Member's Account and will not be shipped to any other person or address. A pattern of redeeming Points for Awards preceded or followed by changing the address for the applicable Account may be viewed as redemption fraud and could result in the termination of your membership in the Program. Kate Spade reserves the right to substitute Awards of comparable or greater value if any redeemed Award becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Awards will be fulfilled within six to eight weeks from date of redemption. Awards pictured in Promotional Materials, point-of-sale, online, television and print advertising, promotional packaging, and other Program materials are for illustrative purposes only. The actual Award may vary from the Award pictured.
4.3 All details and restrictions of the Awards not specified at the time the redemption opportunity is presented will be determined by Kate Spade in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with an Award. If required by law, as determined by Kate Spade in its sole discretion, Kate Spade reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
4.4 Points have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred , assigned or used to engage in any gambling activity. Any Points obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Points may be confiscated or cancelled. Points must be redeemed in accordance with these Terms and Conditions. Points will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Kate Spade reserves the right, in its sole discretion, to determine and modify, at any time, the value of Points and the number of Points that may be earned for any given activity. Points cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion. Once you have redeemed your Points, they are gone and there are no refunds, returns or exchanges for additional Points, cash, or other goods and services, even if you return the merchandise or other item(s) that your Points were redeemed toward.
4.5 You can view your Points Account balance and a limited transaction history by logging onto your Account.
5. MODIFICATION AND TERMINATION.
5.1 Kate Spade may modify any of these Terms and Conditions, including, but not limited to, the methods through which Points can be earned, how Points can be used, the types or “classes” of Points available, and the conditions under which Points may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member's ability to use the Points that he/she has already earned. The Program has no predetermined termination date and may continue until such time as Kate Spade decides to terminate the Program. Kate Spade may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Website and/or via email to the Member's email address currently on file with Kate Spade for their Account.
5.2 If Kate Spade amends these Terms and Conditions, it will revise the “last updated” date located at the bottom of these Terms and Conditions. For changes to these Terms and Conditions that Kate Spade considers to be material, Kate Spade will place a notice on the Website by revising the link on the home page to read substantially as “Updated Points Terms and Conditions” for an amount of time that we determine in our discretion. If you continue to participate in the Program by earning Points, redeeming Points, logging onto your Account or in any other way after these Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions of these Terms and Conditions.
5.3 If Kate Spade decides in its sole discretion to discontinue the Program, Members will have approximately thirty (30) days or an amount of time deemed reasonable by Kate Spade in its sole discretion from the date Program termination is announced to use their remaining Points. Use of any remaining Points will be on a first come, first serve basis and otherwise subject to the availability of Awards. Members may not rely on continued Award availability. Kate Spade makes no representation or warranty about the number or type of Awards that may be available after Program termination has been announced, and many Awards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announce. Any Points remaining in a Member's Account at the time of termination will be forfeited and no compensation will be provided. Kate Spade may cancel your membership, cancel accumulated Points, alter the number of Points in your Account or suspend your membership privileges at any time with immediate effect if Kate Spade determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Terms and Conditions; (d) engaged in any fraud or abuse concerning Points, Points usage or Points redemption; or (e) engaged in any conduct or act that causes Kate Spade to terminate or suspend your access to the Website. Kate Spade may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms and Conditions shall limit Kate Spade in its exercise of any legal or equitable rights or remedies.
5.4 Kate Spade reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to log onto his or her Account for six (6) months or with such regularity deemed sufficient by Kate Spade and announced from time to time on the Website. Kate Spade in its sole discretion may allow Members to prevent their Points from expiring by following Kate Spade's instructions.
6. GENERAL TERMS AND CONDITIONS.
6.1 ACCRUED POINTS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS ARE CREDITS THAT KATE SPADE MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in his/her Account is accurate and is kept current. If a Member believes that his/her Account does not properly reflect Points earned from engaging in any activities, the Member must contact Kate Spade to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Kate Spade reserves the right to seek damages from any such person to the fullest extent permitted by law. Kate Spade's failure to enforce any of these Terms and Conditions shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual's eligibility for the Program, the earning, crediting or use of Points, or a Member's compliance with these Terms and Conditions will be resolved by Kate Spade in its sole discretion.
7. PROGRAM MALFUNCTIONS AND CONDUCT.
7.1 The Program Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points. In no event will Program Entities be liable for, and members expressly release the Program Entities from any claims as to the issuance of any unintended Points. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Kate Spade which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Kate Spade reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Kate Spade deems appropriate. In the event Kate Spade is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Kate Spade's control (each a “Force Majeure” event or occurrence), Kate Spade shall have the right to modify, suspend, or terminate the Program, in whole or in part.
7.2 Any attempts by any Member to access the Program or Website via a bot script or other brute-force attack shall result in that Member becoming ineligible to participate in the Program. Kate Spade, in its sole discretion, reserves the right to disqualify and terminate participation of any Member found to be (i) tampering with the operation of the Program or the Website (ii) acting in violation of these Terms and Conditions (iii) violating the Terms and Conditions of the Website (iv) acting in an unethical or disruptive manner (v) acting with intent to annoy, abuse, threaten or harass Kate Spade, its representatives or any other Member in any manner related to the Program (vi) or tampering with, altering, or attempting to alter Points standings, (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Points, or (viii) colluding or attempting to collude with one or more Members to gain an unfair advantage by sharing knowledge or other information in order to earn Points.
8. LIMITATION OF LIABILITY.
8.1 This Program is provided on an “AS IS” basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. Kate Spade is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of Award. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless the Program Entities, from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member's Account by any third party.
8.2 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT KATE SPADE HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT 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 MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT”.
10. GOVERNING LAW/JURISDICTION.
10.1 ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF MEMBERS OR THE PROGRAM ENTITIES IN CONNECTION WITH THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA. AND THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION'S LAWS.
10.2 By participating in the Program in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Program Entities arising out of, relating to, or connected in any way with the Program or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York, New York; (4) the arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Program Entities' individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Program Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Program Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Kate Spade agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Kate Spade will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Kate Spade shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
10.3 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
Effective Date: June 4, 2013