BARNEYS NEW YORK INFLUENCER REWARDS PROGRAM
TERMS & CONDITIONS
Welcome to the Barney's, Inc. ("we," "our," "us" or "Barneys New York") Influencer Rewards Program ("Program"). Please read these Program Terms & Conditions ("Terms") carefully for important information about your ("you," "your," or "Member") rights in the Program.
BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO THESE TERMS. PLEASE NOTE THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY AND REQUIRE CLAIMS TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT PARTICIPATE IN THE PROGRAM. FOR THE MOST UP-TO-DATE VERSION OF THE TERMS, PLEASE VISIT https://www.barneys.com/loyalty/terms.
Finally, please note that these Terms are separate and independent from any other agreement you may have with Barneys New York. These Terms are also separate and independent from the Barneys New York Credit Card Agreement, which governs the use of the Barneys New York Credit Card. In the event of any conflict between these Terms and any another agreements, these Terms will control in any matter relating to the Program.
1. General Information. Barneys New York wants to thank its customers for making purchases at Barneys New York and reward its customers for their loyalty to Barneys New York. The Program lets customers earn points ("Points") on their Eligible Purchases (as defined below). Points can be earned through Eligible Purchases on the Barneys New York Credit Card or through Eligible Purchases with other methods of tender, except gift cards or promotional cards (each, an "Eligible Payment Method"). You will be eligible for reward gift cards ("Rewards") twice per year based on the number of Points earned in the previous six month period ("Points Accumulation Period"), as described in Section 4 below The Program also rewards Barneys New York customers for their loyalty with amazing benefits and experiences, see additional details here: https://www.barneys.com/loyalty/about.
2. Eligibility, Enrollment & Registration.
a. Eligibility. To be eligible to participate in the Program, you must be a legal resident of the fifty (50) United States or the District of Columbia, and provide a valid email address. The Program is provided to individuals only, including employees of Barneys New York. Corporations, associations or other groups may not participate in the Program. The Program is intended for personal use only and any commercial use is prohibited. The Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Program under the supervision of a parent or guardian who agrees to be bound by these Terms. Barneys New York reserves the right to terminate any person from participating if that person appears to be violating these Terms, including, without limitation, making purchases for business or for resale, manipulating the Program or otherwise acting against the Program's intent. If a Member is terminated, he or she automatically forfeits all Points and unfulfilled Rewards.
b. Enrollment. You may enroll in the Program and begin earning Points as follows:
There is a limit of only one Program account per email address. If you have multiple Program accounts, please contact Barneys New York at https://www.barneys.com/customerservice/contactus to merge your accounts.
c. Privacy. The enrollment process for the Program may require that you provide certain information, including your name, mailing address, email address, phone number and birthday. All information collected about you in connection with the Program is subject to our privacy policy, which can be found at https://www.barneys.com/about/privacy-policy. By enrolling in the Program, you consent to the release of information to selected third parties to carry out the Program, as further detailed in our privacy policy.
3. Earning Points.
a. How To Accumulate Points. To accumulate Points when making a purchase in-store at Barneys New York you must either (i) pay with your Barneys New York Credit Card, or (ii) pay with another Eligible Payment Method and provide the email address associated with your account. To accumulate Points when making a purchase online, you must use the same name and email address associated with your Program account. If you use a Barneys New York Credit Card, your Barneys New York Credit Card must be in Good Standing to earn Points. For the purposes of these Terms, "Good Standing" means (i) your Credit Card account is open to new charges and not over your credit limit; (ii) your Credit Card account is not more than sixty (60) days past due or otherwise in default; (iii) your Credit Card is not flagged as lost, stolen, or fraudulent according to the Bank's records; (iv) your Credit Card account is not in a hardship or workout program; and (v) you are not subject to a credit counseling arrangement relating to your Credit Card account.
b. Eligible Purchases. You will earn Points based on your Eligible Purchases at Barneys New York, rounded to the nearest dollar for each purchase. Eligible Purchases are defined as purchases of goods and services, including salon services, at Barneys New York stores or online at Barneys.com or BarneysWarehouse.com (collectively, "Sites"). You do not earn Points when you pay with a Barneys New York gift card or promotional card and, if a purchase is made with multiple tenders, the portion of the purchase made with a Barneys New York gift card or promotional card is not eligible to earn Points. Please note that Points are not earned on "Non Eligible Purchases," which include: purchases at Freds or Genes, returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate these Terms or any other agreement with Barneys New York, taxes, shipping or delivery fees, alterations, repairs, studio purchases, restocking fees, purchases made using a gift card or promotional card, balance transfers, interest, fees or other account activity. Points are not earned from your gift registry, but you can earn Points by making a registry purchase of an Eligible Product.
c. Points for Eligible Purchases. You will earn one (1) Point for each one (1) U.S. dollar spent on Eligible Purchases, as described below.
d. Points for Special Offers. From time to time, we may make special offers for you to earn additional Points for Eligible Purchases. These additional Points are called Bonus Points ("Bonus Points"). Bonus Points will be awarded as described in the applicable special offer, and will be subject to any additional terms set forth in that offer.
e. Points Deduction; Points Forfeiture; Points Expiration. We may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, Eligible Purchases. Rewards based on the Points accumulated to date during the Points Accumulation Period are distributed as Barneys New York gift cards twice a year or as otherwise determined by Barneys New York. The two Points Accumulation Periods are January 1-June 30 and July 1-December 31 =. Reward gift cards for the January 1-June 30 Points Accumulation Period are distributed in August of that year and Reward gift cards for the July 1-December 31 Points Accumulation Period are distributed in February of the following year. All Points earned from January 1 – June 30 will expire on June 30 and all Points earned from July 1 – December 31 will expire on December 31. Upon distribution of your Reward, your Points will be deducted from your account and will no longer be available to you. When you return/cancel an Eligible Purchase, the earned Points from the original Eligible Purchase will be deducted from your account for that returned/cancelled item. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for a Reward. Except as otherwise provided by applicable law, you will forfeit all unused Points if you file for bankruptcy, or your participation in the Program is terminated for any reason. You will not receive any compensation or new Points for your Points that expire or are forfeited.
f. Account; Posting of Points. Your Points balance will be available at any time by accessing "My Account" at https://www.barneys.com/account/login. Please allow up to 48 hours for earned Points to be visible in your account. If your Points are not visible at that time please contact our Customer Service Center at https://www.barneys.com/customerservice/contactus. If you are a Barneys New York Credit Card holder, you will also receive your Points balance on your account's monthly billing statement each month.
g. Other Points Conditions. Points earned have no cash value and may not be used as payment of any outstanding obligation on the Barneys New York Credit Card account. Points may not be sold, purchased, transferred or altered in any way by you, and any attempt to do so will be void.
h. Disputes. Your account will be deemed accurate unless otherwise challenged with evidence that, in our sole and absolute discretion, demonstrates a discrepancy that warrants correction. We will not be liable for discrepancies, omissions, inconsistencies or errors in your account or your collection and/or redemption of any Points or Reward. If you believe Points were earned and that they have not timely posted to your account, you may dispute your Points balance ("Points Dispute") by contacting Customer Service at https://www.barneys.com/customerservice/contactus. We will use reasonable efforts to investigate your Points Dispute. If you do not notify us within 6 months of the Points Accumulation Period in which you made your purchase you waive your right to make a Points Dispute with respect to that purchase. We may require you to provide written confirmation of the Points Dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt as determined by us in our sole discretion.
4. Rewards.
a. "Rewards." You will be eligible for a Reward in the form of a Barneys gift card twice per year based on the number of Points earned throughout the Points Accumulation Period over the previous six month period (January 1-June 30 and July 1-December 31). Barneys New York Credit Card holders will receive 4% back on Points earned during the Points Accumulation Period from Eligible Purchases (or the portion of the Eligible Purchase) made using a Barneys New York Credit Card. Members will receive 2% back on Points earned during the Points Accumulation Period from Eligible Purchases (or the portion of the Eligible Purchase) made using any other Eligible Payment Method. Percent back will be calculated off of the Point balance in your Account on the last day of each Points Accumulation Period. For example, if 1,000 points are earned using the Barneys New York Credit Card during a Points Accumulation Period, you will receive a $40 Reward. If the 1,000 points are earned using any other Eligible Payment Method, you will receive a $20 Reward. Except as provided below, we will send a Reward to the e-mail address associated with your Program account in February and August of each year that you are a Member or as otherwise determined by Barneys New York, or contact you via your contact information on file to coordinate delivery. You may update your contact information at any time online at https://www.barneys.com/account/login. To the extent allowed by applicable law, we may cancel any earned or outstanding Rewards if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us. Please note that the Reward gift card expires six (6) months after distribution and any unused value remaining on a Reward gift card will be forfeited. See the back of the Rewards gift card for gift card terms and conditions.
b. Redemption. Barneys New York Gift Cards are redeemable at all Barneys New York Locations, as well as online at barneys.com and barneyswarehouse.com. It is not redeemable for cash, except as required by law, and cannot be applied to your Barneys New York credit card account or previous purchases. Barneys New York Gift Cards may not be used to purchase gift cards or at Freds or Genes.
c. Tier Level. The number of Points you earn in the Program will determine your Tier level "Tier". Your Tier will determine the types of additional benefits you can enjoy as a Member of the Program.
|
Tier |
Qualification |
|
Influencer |
Up to 999 points within Points Accumulation Period |
|
Silver |
1000-9999 points within Points Accumulation Period |
|
Gold |
10,000-24,999 points within Points Accumulation Period |
|
Black |
25,000 points within Points Accumulation Period |
Once you reach a specific Tier, you will receive benefits applicable to that Tier at that time. Once you have achieved a new Tier, your Tier status continues for one additional earning period. Benefits tied to each Tier are subject to change and may vary from time to time. A full description of benefits tied to each Tier is available at https://www.barneys.com/loyalty/faq.
d. Taxes. Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely liable for any applicable taxes arising out of the accrual or use of Points or Reward. Please consult your tax advisor concerning such tax consequences.
5. Cancellation of Program Participation. You may cancel your participation in the Program at any time by contacting our Customer Service Center https://www.barneys.com/customerservice/contactus. If you cancel your participation in the Program, you will no longer earn Points. However, if you cancel your participation in the Program, you will receive any earned Reward gift cards at the next redemption period. Your cancellation will not affect any previously issued Reward. Unless you cancel your participation, you will remain enrolled in the Program (including if you close your Barneys New York credit card account).
6. Changes; Termination. Please note that participation in the Program and the benefits of the Program are offered at the sole discretion of Barneys New York. This Program begins on [April 1st, 2019] and will continue until terminated, suspended, modified, or converted to another loyalty program by Barneys New York. Barneys New York may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program, including the availability of Points or Rewards, at any time without notice. Any changes will be effective immediately upon posting the revisions to https://www.barneys.com/loyalty/terms, and you waive any right you may have to receive specific notice of such changes or modifications. You acknowledge that any cancellation, change, suspension or modification of the Program may result in the loss of Points balance or Rewards, and cancellation of some or all benefits connected to the Program. Barneys New York may, in its sole and absolute discretion, terminate or suspend any Member's participation in the Program for breach of these Terms, or for taking any actions that are inconsistent with the intent of these Terms. Barneys New York reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Barneys New York deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (i) acting in violation of these Terms; (ii) damaging, tampering with or corrupting the operation of the Program or Sites; (iii) acting with intent to annoy, harass or abuse any other person; (iv) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (v) activity deemed in the sole discretion of Barneys New York to be generally inconsistent with the intended operation of the Program. Any decision Barneys New York makes relating to termination or suspension of any Member's participation in the Program shall be final and binding in all respects. Barneys New York shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms or the violation of the Terms' intent.
7. Program Conditions: The Program, the Points and/or the Reward are void where prohibited by law. If a Reward becomes unavailable, Barneys New York may substitute a reward of equal or greater value, as determined in its sole and absolute discretion. Members may not assign or transfer any Points or Rewards. Barneys New York makes no warranty in any respect as to any Reward, merchandise or service available within the Program. Comenity Capital Bank does not: (a) endorse Rewards or products or services purchased at Barneys New York using Rewards; (b) make any express or implied warranty regarding Rewards or products or services purchased at Barneys New York; (c) guarantee the performance of Rewards or products or services purchased at Barneys New York; or (d) offer, operate or control Rewards offered through this Program.
8. Release/Limited Liability. Unless otherwise required by law or our agreements with you, and to the fullest extent permitted by applicable law, neither Barneys New York nor Comenity Capital Bank, nor any of our or its shareholders, parents, affiliates, officers, directors, employees, service providers, or agents (collectively, "Released Parties") will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Program; (b) any claim relating to products purchased using any Reward obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; (d) any taxes that you incur as a result of receiving or redeeming Points; or (e) for technical problems or malfunctions arising in connection with any of the following occurrences which may affect the operation of the Program and/or Sites: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or other communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Sites in whole or in part for any reason; traffic congestion on the Internet or Site; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Program. To the fullest extent permitted by applicable law, you hereby agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Program or any Points or Reward shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but shall in no event include attorneys' fees; and (iii) under no circumstances will you or anyone else be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY THAT WE OR THEY MAY HAVE TO YOU IN CONNECTION WITH THE PROGRAM SHALL BE LIMITED TO THE AMOUNT OF ANY POINTS YOU HAVE EARNED IN ACCORDANCE WITH THESE TERMS. THE PROGRAM IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
9. Indemnification. Members agree to indemnify, defend and hold the Released Parties harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys' fees and costs, arising from, or related to any breach by Member of any of these Terms or any violation by Member of applicable law.
10. Governing Law; Assignment. The Program and these Terms are governed by federal law and, to the extent state law applies, the laws of the State of New York without any reference to its choice of law provisions. You may not assign your rights or obligations under these Terms to any other person or entity. YOU AND WE AGREE THAT EACH OF US MAY BRING ANY CLAIMS arising from or relating to these Terms ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
11. Agreement to Arbitrate. The laws of the State of New York shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years' experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND COMPANY HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
12. Communications and Customer Service. We may contact you about the Program by mail, phone, e-mail or other methods permitted under applicable law. As needed, you agree to promptly update your contact information with a Barneys New York store associate or by contacting our Customer Service Center https://www.barneys.com/customerservice/contactus. We are not responsible for Reward gift cards or communications lost or undelivered due to incorrect or changed address or contact information. For assistance, please contact us at https://www.barneys.com/customerservice/contactus.
13. Entire Agreement; Severability; Conflicts; No Waiver. These Terms contain the entire agreement between you and us regarding the Program, and supersede any previous terms and conditions governing the Program we may have provided to you. The Program is not available where and to the extent prohibited by law. If any part of these Terms conflict with applicable law, that provision will be deemed severed from these Terms and the remainder of the Terms will remain in effect. We will not lose our rights under these Terms because we delay or do not enforce them. All waivers of any of these Terms by us must be in a writing executed by someone with authority to bind us.
SPONSOR: Barney's, Inc., 575 Fifth Avenue, New York, New York 10017.
EFFECTIVE DATE: These Terms and Conditions were last updated on April 1st, 2019.