trulyMC LOYALTY PROGRAM: TERMS OF SERVICE
Last Updated: January 22, 2018
Membership & Eligibility
The MacKenzie-Childs trulyMC Loyalty Program (the “Program”) is a rewards program offered by Aurora Holdings LLC (“Company” or “we” or “our” or “us”) to its customers located in the United States. Membership to the Program ("Membership") is limited to individuals only (“Member” or “user” or “you”) and is limited to one account per individual. Employees, officers, directors, agents and representatives of Company and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 13 years or older and a legal resident of the United States to be eligible for Membership. Eligible minors must obtain their parent’s or legal guardian’s consent prior to participation.
BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER.
The Program is subject to change or cancellation at any time without notice.
PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING IN THIS PROGRAM.
Participation and benefits shall be considered void where prohibited by law. Taxes may apply where required by law. Company assumes no liability for any user’s participation that contravenes the laws or regulations of his or her state. Your participation is subject to present and future Program rules. Your participation is valid only at MacKenzie-Childs.com, in MacKenzie-Childs retail stores, and through the Company’s customer service center, and rewards may only be earned and redeemed in those locations.
The trulyMC Loyalty Program is available to all customers. A user will accumulate Loyalty Points for completing actions relating to his or her account as set forth in the Loyalty Program Dashboard on MacKenzie-Childs.com. Users will be eligible to reach tiered membership levels for their accumulation of the required amount of Loyalty Points and enjoy the perks associated with that particular membership level. See membership levels here.
One way to earn Loyalty Points is through the Refer-A-Friend Program (“RAF Program”) as follows:
- You must send an invitation using one of the options available on the RAF page, which is available on the Loyalty Dashboard after logging in.
- The customer whom you refer must click on the link in your invitation and continue to sign up for the trulyMC Loyalty Program, and make a purchase on MacKenzie-Childs.com, and do so in the same browser session.
- The referred customer must not return that purchase.
You will receive 25 Loyalty Points in your account within 45 days after a customer referred in accordance with these terms makes a purchase.
If an order using referral points is cancelled, any points awarded for the purchase will be cancelled. If a product is returned, MacKenzie-Childs.com reserves the right to cancel the Loyalty Points awarded for the purchase of such product.
Referral points are issued to the referring account at Company’s discretion and cannot be transferred, bartered, or sold.
Your participation in the RAF Program requires you to submit personal information about yourself and your friends, such as name and email address, and you agree to receive communications from Company relating to your participation and to allow Company to communicate with your friends about your participation (e.g., by disclosing to your friends that an invitation was sent by you).
From time to time, Company may temporarily amend the Loyalty Program reward equations, including the RAF Program reward points, without notice to the users.
A user only earns Loyalty Points based on activity on and via MacKenzie-Childs.com, in MacKenzie-Childs retail stores, and through the Company’s customer service center. Loyalty Points cannot be awarded for prior purchases; for the purchase of MacKenzie-Childs Gift Cards; for dollars spent on tax or shipping; for purchases made at special events including, but not limited to, the Barn Sale, Sample Sale or Warehouse Sale; nor for purchases made in other locations that carry MacKenzie-Childs products such as Neiman Marcus, Williams-Sonoma or independent gift shops. Company may determine, in its sole discretion, to restrict the redemption of Loyalty Rewards with respect to certain products. Other restrictions may apply.
Users will be able to check the amount of Loyalty Points accumulated in their account by logging into the “My Account” section and viewing the Loyalty Program Dashboard.
If an order is canceled, any Loyalty Points awarded for the purchase will be canceled. If a product is returned, Company reserves the right to cancel the Loyalty Points awarded for the purchase of such product. Users may not redeem or exchange accumulated Loyalty Points for cash. Users may not give/donate/transfer/share their Loyalty Points to another User’s account.
Company specifically reserves the right to terminate, cancel, suspend and/or modify the Loyalty Program, or any specific User’s participation in the Loyalty Program, if any fraud, virus or other technical problem corrupts the administration, security, safety or proper function of the Loyalty Program, as determined by Company in its sole discretion. In addition, Company reserves the right to terminate, cancel, suspend and/or permanently ban any specific User’s participation in the Loyalty Program if Company suspects that such User is conducting fraudulent activity to acquire, accumulate or spend Loyalty points including, but not limited to, by a User creating multiple Rewards accounts, false referrals, etc.
Redeeming Loyalty Points
Loyalty Points earned in this Program are not ever “redeemed”; the Program does not exchange points for benefits. See the Program’s frequently asked questions for more details on how to use your rewards.
Expiration of Loyalty Points
Loyalty Points are earned starting on the date you sign up for the Loyalty Program. The signup date will be known as your “anniversary date.” There is a one-year point expiration from your anniversary date. At the end of your first year, your points will reset to zero, but you will remain in the tier that you reached in your first year for the entirety of your second year, and keep those benefits (e.g., the free shipping threshold). At the end of the second year, your tier for the third year will be based on your points earned in the second year only, and so forth. During the year, you can move up in tiers, but you will not drop below the tier you reached at the end of the previous year for the entirety of that year. However, if, by your anniversary date, you have earned a lower number of points than the tier you were in all year, you may drop to a lower tier based on your point total for that year. Similarly, your annual gift (for higher tiers) is based upon your point total for the year, not necessarily the tier you were in all year.
Changes, Termination And/Or Removal From Program
Company may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Website. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Company reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, any misrepresentation or any conduct detrimental to the interests of Company may subject members to membership revocation and will affect eligibility for further participation in the Program. Membership and Points are non-transferable and purchases must be made by the member. If your membership is revoked or otherwise cancelled, any Points in your account will automatically expire. Company reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
The Program’s Content on the Website
Company owns, controls, and/or licenses all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on the https://www.mackenzie-childs.com/ (the “Website”) (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content. The Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.
The Website and all Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without Company’s prior written consent. However, as long as you comply with these Terms, Company grants you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website. This permission is conditioned on your not modifying the Website, the Content, and your acceptance of any terms, conditions, and notices accompanying the Content or otherwise set forth in this Website. Notwithstanding the foregoing, any materials available for downloading, access, or other use from this Website with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
If you post to your personal social media including, without limitation, Facebook, Twitter, Pinterest, Instagram or YouTube, and you tag or hashtag @mackenziechilds/#mackenziechilds, you grant Company the irrevocable, unrestricted right to repost your post on Website or Company social media channels.
Your failure to comply with the Website’s terms, conditions, and notices will result in automatic termination of any rights granted to you, without prior notice. Except for the limited permission in the preceding paragraph, Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
Disclaimers and Limitation of Liability
COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE WEBSITE, INCLUDING AS TO PRICING, FEATURES, AND AVAILABILITY OF PRODUCTS AND SERVICES, IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THIS WEBSITE.
COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY CANNOT ENSURE THAT ANY INFORMATION YOU TRANSMIT TO THE WEBSITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY COMPANY SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE WHATSOEVER DAMAGES, INCLUDING LOST PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED US $100.00. PLEASE BE ADVISED THAT SOME JURISDICTIONS RESTRICT LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction.
You agree to indemnify and hold Company, its existing and future officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with your use of the Website.
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws’ provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York, New York, and waive any objection to such jurisdiction or venue.
Any claim under these Terms must be brought within one year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to costs and attorneys’ fees.
If a court or other tribunal of competent jurisdiction holds any of the provisions of these Terms to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
These Terms constitute the entire agreement between you and Company with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled.
Company’s failure to insist on or enforce strict performance of these Terms shall not be construed as Company’s waiver of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. Company customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
Additional Information on the Program
Please contact customer service at email@example.com or 1-888-665-1999 with any additional questions.
MacKenzie-Childs Loyalty and Rewards Program Monthly Gift Card Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The MacKenzie-Childs Loyalty and Rewards Program Monthly Gift Card Giveaway (the “Giveaway”) will begin on the first of each month (commencing February 1, 2018), at 12:01 a.m. Eastern Time (ET) and will end on the last business day of the respective month, at 11:59:59 p.m. ET (the “Giveaway Period”). The Giveaway will continue each month unless modified or terminated by the Sponsor in Sponsor’s sole discretion.
Before entering the Giveaway, each entrant must review and agree to be bound by these Official Rules as set out below. By entering the Giveaway, entrants accept and agree to be bound by the Official Rules, and accept the decisions of the Sponsor as final and binding in all respects.
Giveaway is sponsored by MacKenzie-Childs LLC (the “Sponsor”), 3260 State Route 90, Aurora, New York 13026, and is in no way sponsored, endorsed or administered by, or associated with any social media platform Sponsor operates a handle or site including, without limitation, Facebook, Pinterest, Instagram, Twitter and YouTube. All communication with respect to the Giveaway, including requests to be removed from future Giveaway mailings, should be directed to the Sponsor at the foregoing address (ATTN: Marketing Promotions).
The Giveaway is open only to legal residents of the United States who are at least eighteen (18) years of age or older by the date such person becomes a Member of the Program (as such terms are defined below). The Giveaway is void where prohibited or restricted by law. Anyone participating in the Giveaway or claiming a prize in the Giveaway in violation of these rules will be disqualified.
The Giveaway is not open to the following persons: employees, agents or representatives of the Sponsor, the subsidiaries and affiliates of the Sponsor, or employees, agents or representatives of suppliers providing prizes or other materials or services in connection with this Giveaway, including promotional agencies, (collectively, the “Excluded Individuals”); immediate family members (parent, child, sibling and spouses of each) of the Excluded Individuals; and any other persons with whom the Excluded Individuals reside.
How to Enter; Selection of Winners
To enter the Giveaway, entrant must sign up to be a member of trulyMC (“Member”), Sponsor’s customer loyalty and rewards program (“Program”). If entrant has placed orders with Sponsor and already has an account on mackenzie-childs.com, log in at mackenzie-childs.com/account and click the opt-in check box above the “log in” button to join trulyMC. If entrant is new to the site, entrant should create an account at mackenzie-childs.com/account and check the opt-in box above the “submit” button to join. At such time entrant becomes a Member, Member is automatically entered into each monthly Giveaway.
Winner will be selected in a random drawing from all eligible Members during the Giveaway Period. The drawing will be held on or about 5th day of the month following the Giveaway Period, by a representative of the Sponsor. There will be one (1) winner drawn from the eligible Members.
All entrants must become Members prior to the close of the Giveaway Period. Limit of one (1) entry per person during the Giveaway Period. Any person submitting more than one entry may be disqualified.
The Sponsor will notify potential winner by e-mail within five (5) business days of the drawing. In the event the Sponsor is unable to contact a potential winner by e-mail despite reasonable efforts to do so, as determined in the Sponsor’s sole discretion, such potential winner’s prize will be forfeited and an alternate winner may be chosen by the Sponsor.
The e-mail notification will include a link that contains a copy of a Release and Eligibility Agreement (the “Claim Form”), and other information required to claim the prize. All completed Claim Forms must be received by the Sponsor within five (5) business days of notification by Sponsor (“Submission Deadline”). Notification shall be deemed to occur when the e-mail notification is sent from Sponsor’s computer to the potential winner’s e-mail address provided during the entry process. All completed Claim Forms become the property of the Sponsor. All Claim Forms will be verified by the Sponsor. In order to claim a prize, each potential winner must complete the Claim Form which includes representations of eligibility, compliance and releases of liability, and a publicity release. Among other things, the submission of the Claim Form confirms compliance with these rules, acceptance of the prize as awarded and release of certain parties from any losses, liabilities, damages or claims arising from or related to the prize awarded and the Giveaway itself. If a potential winner fails to submit the Claim Form with all information required by the Submission Deadline, the Sponsor reserves the right to disqualify the potential winner, and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard.
The winner must prove he or she is the qualified winner by presenting identification acceptable to the Sponsor (e.g., state driver’s license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If a winner cannot prove he or she is the qualified winner, the prize will not be awarded. If a winner declines the prize, another winner may be selected from the eligible entries received.
In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry and the Member account associated with such e-mail. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Interest access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address and Member account associated with the winning entry.
Prizes/Value of Prizes
One (1) Winner will receive one (1) $250 gift certificate for use at any MacKenzie-Childs retail location or online at https://www.mackenzie-childs.com/ or by phone at 1-888-665-1999. Additional terms and conditions may apply to use of the gift certificates. The approximate retail value of each prize is $250.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Winner is responsible for all applicable federal, state, local and other tax liabilities, including but not limited to, sales and use taxes, excise taxes, income and withholding taxes, customs duties, fees and like amounts in connection with a prize. The Sponsor is not responsible for any such taxes or expenses. A Form 1099 may be submitted to all appropriate taxing authorities.
Odds of Winning
The overall approximate odds of winning depend on the number of eligible entries received and the number of Members during the applicable Giveaway Period.
For the names of the Giveaway winners to date in 2018, you may send a self-addressed, stamped envelope before January 31, 2019, to the Sponsor, ATTN: Loyalty and Rewards Program Giveaway, 3260 State Route 90, Aurora, New York 13026, for a list of winners.
Release; Consent to Use Likeness, Voice and Address
By entering the Giveaway, each winner agrees: (a) to abide by these rules and the decisions of the Sponsor, which shall be final and binding in all respects; (b) to release and hold harmless the Sponsor, its subsidiaries and affiliates of the Sponsor and the franchisees and affiliated merchants of each of the foregoing, all prize suppliers, all agents or representatives of the foregoing, including without limitation their advertising and promotional agencies, and each of their respective officers, directors and employees (collectively, the “Released Parties”) from any and all claims, liability, loss or damage whatsoever arising with respect to the Giveaway or the awarding, receipt, possession and/or use or misuse of any Giveaway prize and further acknowledges that none of the foregoing persons have made nor are responsible or liable for any warranty, representation or guarantee a particular purpose thereto, prizes awarded may carry their own product warranty, for which the Released Parties have no responsibility of liability; and (c) to consent to the use of his or her name, image, voice, likeness, city and state of residence and/or photographs without compensation in any publicity or advertising carried out in any medium worldwide by the Sponsor and/or its advertising or promotional agencies without limitation or further notification, and without providing compensation or intellectual property rights to the Entrant, except where prohibited.
Entries that are incomplete, mutilated, altered, reproduced, forged, counterfeited or irregular in any way, are automatically void. The Released Parties are not responsible for the following: (a) lost, late, delayed, illegible, inaudible, stolen, damaged, altered, destroyed, mutilated, misdirected, illegal, incomplete or postage due rule requests, entries or prize claims; (b) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer hardware or software typographical, mechanical, telephonic, electronic or network relating to or in connection with this Giveaway, including, without limitation, errors which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes, or in any Giveaway-related materials; or any incorrect or inaccurate information, whether caused by site users, tampering, hacking or by any equipment or programming associated with or utilized in the Giveaway.
Entrants may be disqualified if automatic entry software is used in their favor or if Sponsor determines, in its sole discretion that said Entrant tampered with the entry process or participated in, induced, or caused in any way any false, fraudulent, or improper entry, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to select an alternate winner should the entries appear to have been tampered with or manipulated in any way.
Entrants may also be disqualified if Sponsor learns that the entrant disparages the Sponsor during or after the Giveaway Period. Entrants should be aware that Sponsor retains the right to take legal action against entrants who commit libel or slander against Sponsor during or after the Giveaway Period.
The Sponsor fully reserves the right, in its sole discretion, to cancel, suspend, terminate or modify the Giveaway if the Giveaway is not capable of being completed as planned, including infection by computer viruses or bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort beyond the reasonable control of the Sponsor, which corrupts or impairs the administration, security, fairness or proper play of this Giveaway.
The Sponsor is not responsible for printing errors in the Giveaway materials or these Official Rules and Regulations. If, due to a production or printing error or other unforeseen error, there are more winners than prizes for any level, the Sponsor reserves the right to award any remaining prizes for that level through a random drawing of all eligible winners for that level. No more than the number of prizes listed herein will be awarded.
No correspondence will be entered into except with potential winners.
This Giveaway and the terms and conditions contained in these Official Rules and Regulations shall be exclusively governed and constructed in accordance with the laws of the State of New York and the federal laws of the United States of America applicable therein. Any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusive jurisdiction and venue shall be in the state or federal courts located in Rochester, New York.
This Giveaway is subject to all applicable federal, state, local laws and regulations. Void where prohibited or restricted by law.
If any one or more provisions of these rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these rules.