PREMIER DESIGNS JEWELER REWARDS PROGRAM TERMS ("TERMS")
IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW.
Please read these Terms carefully for important information about your rights and obligations in the Premier Designs Jeweler Rewards Program ("Program"). By participating in the Program, you agree to these Terms.
In these Terms, "you" and "your" mean the Account holder. "We," "our," and "us" mean Premier Designs. "Bank" means Comenity Capital Bank or its assignees.
The Program is provided by Premier Designs, Inc. Premier Designs is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at any time. The purpose of the Program is to reward customers for certain uses of their Premier Designs Jeweler Rewards credit card ("Card").
FOR THE MOST UP-TO-DATE TERMS, PLEASE VISIT https://d.comenity.net/premierdesigns/
1. General Information; Definitions; Changes. The Premier Designs Jeweler Rewards Program (the "Program ") allows you to earn points ("Points") on the dollars you spend as described in Section 3 below, using your Premier Designs Jeweler Rewards Credit Card Account (your "Account"). You can then redeem those Points for Premier Designs Rewards valid at http://premierdesigns.com/ (the "Rewards"), as described in Section 4 below.
These Program Terms are separate and independent from your Premier Designs Jeweler Rewards Credit Card Account Agreement (your "Agreement"), which governs the use of your Premier Designs Jeweler Rewards Credit Card (your "Card"). In the event of any conflict between these Program Terms and your Agreement, these Terms will control in any matter relating to the Program.
All information collected about you in connection with the Program is subject to our privacy policy, which can be obtained at https://d.comenity.net/premierdesigns/common/privacy/PrivacyLanding.xhtml. Purchases made on http://premierdesigns.com/ are subject to http://premierdesigns.com/ Terms and Conditions/Terms of Use at http://premierdesigns.com/. In the event that any http://premierdesigns.com/ Terms and Conditions/Terms of Use conflict with these Terms, these Terms will control.
2. Eligibility; Withdrawal of Program. We will automatically enroll you in the Program when the Bank opens your Account. You may cancel your participation in the Program in accordance with Section 11. Unless you cancel your participation, you will remain enrolled in the Program as long as your Account remains open and in Good Standing and we continue to offer the Program. "Good Standing" means (1) your Account is open to new charges and not over your credit limit, (2) your Account is not more than 60 days past due or otherwise in default, (3) your Card is not flagged as lost, stolen, or fraudulent according to the Bank's records, (4) your Account is not in a hardship or workout program, and (5) you are not subject to a credit counseling arrangement relating to your Account. We may withdraw the Program or deny or revoke your participation in the Program at any time for any reason.
3. Earning Points. The Program is limited to earning Points for Net Eligible Purchases. Net Eligible Purchases are purchases of goods and services for personal, family and household purposes using your Card and the Card(s) of your Authorized User(s), if any, minus any returns, refunds or credit adjustments, rounded to the nearest dollar.
Points are not earned on, and the term "Net Eligible Purchases" does not include: returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, purchases made by or for a business or for a business purpose, balance transfers, interest, fees or other Account activity. We have the right to deduct Points from your Points balance for charges that were not or do not remain Net Eligible Purchases. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. Points you earn may not be combined with Points earned on any other credit account. Points earned have no cash value and may not be used as payment of any outstanding obligation to the Bank or its affiliates or to client.
(a) Points for Net Eligible Purchases. You will earn Points for Net Eligible Purchases so long as your Account is in Good Standing.
You will earn: 1 (#) Points for each $1.00 of Net Eligible Purchases.
(b) Points for Special Offers. From time to time, we may make special offers for you to earn additional Points for Net Eligible Purchases. These additional points are called "Bonus Points." The way to earn Bonus Points, and the Bonus Points that can be earned, may vary. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. You may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Your Net Eligible Purchase must be completed and the transaction charged to your Account during the special offer period in order for you to earn the applicable Bonus Points. For mail order, special order, online, and other purchases, please be aware that we may not charge your Account until items purchased have shipped. During special offer periods, making a return in the same transaction as your purchase may result in earning fewer Points because Points are calculated off of your Net Eligible Purchase (in this case, your purchase minus return).
(c) Posting of Points Earned; Expiration; Forfeiture. Points will be posted to your Points balance on your billing statement and on http://premierdesigns.com/ after that the purchase is posted to your Account. We reserve the right to verify and adjust Points at any time prior to or following posting or redemption. There is no maximum number of Points that may be earned per billing cycle or year. Please note that it often takes 1-2 weeks or more for Points from a Net Eligible Purchase to post to your Points balance. At any time, we may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, Net Eligible Purchases. Provide if there is a maximum number of Points that may be earned per billing period or year. Points will remain available in your Points balance until they are redeemed for a Reward Certificate as described in Section 4, are forfeited, or expire.
Points will expire two years after the date that they are posted to your Points balance. 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 or your Account is closed for any reason. You will also forfeit Points as described below and in Sections 9 and 11. You will not receive any compensation or new Points for your Points that expire or are forfeited.
Points may not be sold, purchased, brokered, bartered, transferred or altered in any way by you. Any attempted transaction of such sort will automatically be void. Anyone engaging in such transactions will be liable for damages to us, including, but not limited to consequential damages, third party damages, transaction costs, attorney's fees and court costs. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
4. Redeeming Points for Rewards. You may redeem Points for a Reward once you have accrued at least 7,500 points. Once Points are redeemed, the Points cannot be refunded. You may save Points to redeem for a larger Reward for up to two (2) years.
In order to redeem Points for a Reward, you must complete the Reward Points Redemption Form available at http://premierdesigns.com/ and mail it to Premier Designs, Inc., Premier Rewards Program, P.O. Box 619220, Dallas, Texas 75261-9220. Points may be redeemed online at http://premierdesigns.com/ for Rally Registration and Annual Jeweler Registration
To redeem Points for a National Rally or Regional Conference Reward, a redemption form that is available during that event's registration period must be completed. To redeem points for either a Rally and/or Jeweler Registration Rewards are subject to availability and may change from time to time.
Points will be redeemed on a "first in, first out" basis, such that the first Points earned will be the first Points redeemed. Once a redemption order is placed, your Points balance will be reduced by the number of Points used to obtain the Reward. In the event a return, refund, or credit adjustment results in insufficient Points for the Reward ordered, the order may not be fulfilled. If the Reward order is fulfilled and we later discover that you did not have sufficient Points for the Reward in your Points balance, in addition to any other actions we may take, future Points earnings will be applied to the Reward until such time as sufficient Points are earned to cover the redemption of the Reward. You will not be able to redeem Points until you again have a positive balance. Points you earn may not be combined with Points earned by anyone else for purposes of receiving Rewards. Points earned have no cash value, and cannot be purchased, sold or redeemed for cash. Points may not be used as payment of any outstanding obligations to the Bank or its affiliates.
You may only redeem Points if your Account is Current. If your Account is not Current, you will not be eligible to redeem them until the end of the billing period in which your Account is once again Current. "Current" means your Account (1) is open to new charges, (2) is not delinquent or in default under the Agreement, (3) does not have a balance over the assigned credit limit, and (4) is not flagged as lost, stolen, or fraudulent according to Bank's written or electronic records.
Point Expiration and Forfeiture. Points not redeemed will be carried over to the following statement period. However, Points will expire two (2) years after the date that they are earned. Once Points expire, they may not be redeemed. You will also forfeit your unused and unexpired Points if you attempt to violate the prohibitions on the transfer of Points, if you file for bankruptcy, or if the Bank or you close your Account for any reason. You will not be entitled to and will not receive any compensation from us for your Points that expire or are forfeited.
Use of Rewards. Limit one (1) Reward per purchase. A Reward is not combinable with any other discount or certificate. Rewards have no cash value and may not be applied to taxes or shipping charges. Rewards will not be honored retroactively in connection with any prior purchases. Rewards Jewelry Certificates expire six (6) months after issuance. Expiration of other rewards will vary based on the type of reward redeemed. Please refer to each reward details for specific exclusions and expiration dates.
5. Communications, Program Activity 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 at https://d.comenity.net/premierdesigns or by calling 1-877-814-7342 (TDD/TTY 1-888-819-1918). We are not responsible for Reward Certificates or communications lost or undelivered due to incorrect or changed address or other contact information.
6. Points Disputes. If Points you believe were earned have not timely posted to your Points balance, you may dispute your Points balance ("Points Dispute") by by calling 1-877-814-7342 (TDD/TTY 1-888-819-1918) immediately. We will use reasonable efforts to investigate your Points Dispute if you notify us within 90 days of the posting date. If you do not notify us within that period, you waive your right to make a Points Dispute with respect to that purchase. We may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Points Dispute. Please note that the dispute rights with respect to your Account under the Account Agreement do not apply to these Terms or to your rights and remedies under these Terms, which are solely as set forth in these Terms. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Points to your Points balance.
7. Limited Liability. Unless otherwise required by law or our agreements with you, neither the Bank nor Premier Designs, Inc., nor any of our or its affiliates, officers, directors, employees, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or temporary suspension of the Program; (b) any claim relating to any products purchased using any Reward obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Points. Notwithstanding the foregoing, any liability that we 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 Program Terms.
8. No Warranties. The Bank does not: (a) endorse Reward Certificates or products or services purchased at Premier Designs using Reward Certificates; (b) make any express or implied warranty regarding Reward Certificates or products or services purchased at Premier Designs; (c) guarantee the performance of Reward Certificates or products or services purchased at Premier Designs; or (d) operate or control Reward Certificates offered through this Program.
9. Changes. Subject to any notice requirements or limitations of applicable law, we may at any time for any reason add to, change, limit, or terminate the Program or these Terms. To the extent allowed by applicable law, (a) changes may apply retroactively, and may affect outstanding transactions and Points, and may result in you involuntarily forfeiting Points you have earned, and (b) changes will not affect issued or redeemed Reward Certificates except to the extent allowed by applicable law.
10. Taxes. You are solely liable for any applicable taxes arising out of the accrual or use of Points or Reward Certificates. Consult your tax advisor concerning such tax consequences.
11. Cancelling Program Participation. You may cancel your participation in the Program at any time by calling us at 1-800-486-7378. If you cancel your participation in the Program, you will no longer earn Points and you will forfeit your unused and unexpired Points. Your cancellation will not affect any previously issued Reward Certificates unless you also close your Account.
12. 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 Utah, 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 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.
"Claim," as used in these Terms means any claim, dispute or controversy that in any way arises from or relates to these Terms.
13. Agreement to Arbitrate. Any party may elect to arbitrate any claim arising from or relating to these Terms (including disputes about the validity, scope or enforceability of this agreement to arbitration), in which case such claim shall be settled by binding arbitration on an individual basis and not as part of any class or representative action. Arbitration may be elected by any party with respect to any such Claim, even if that party has already initiated a lawsuit with respect to a different Claim. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state's equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration.
The arbitration will be conducted by the American Arbitration Association ("AAA"), JAMS, or any other company selected by mutual agreement of the parties (the "Administrator"), in accordance with the rules of the Administrator. Payment of all filing, administration and arbitrator fees will be governed by the Administrator's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. The arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator's decision must be with written explanation and remain confidential. For purposes of this Section 13, these Terms are governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Opt-Out Procedures: You may choose to opt-out of this Agreement to Arbitrate by sending a written notice within 30 days after the date you accept these Terms for the first time. You may send your opt-out notice by mail or hand delivery to 1551 Corporate Drive, Irving, TX 75038. Your opt-out notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. We will provide such notice by mail or e-mail using the contact information on file with us and you must provide such notice by mail to us at 1551 Corporate Drive, Irving, TX 75038.
14. 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.