MACKENZIE-CHILDS REWARDS TERMS & CONDITIONS
1. Membership & Eligibility
The MacKenzie-Childs Rewards Program (“Program”) is a free rewards program offered by MacKenzie-Childs Aurora, LLC (“Company”) to its customers located in the United States. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual (“Member[s]” or “You[r]”). To be eligible for Membership, individuals must be 13 years of age or older and legal residents of the United States. If you are a minor, you must seek consent from your parent or legal guardian before participating.
Your participation in the Program shall be void where prohibited by law. State and/or Federal taxes may apply where required by applicable law. The Company neither assumes, nor shall it have, any liability for any Member’s participation that contravenes the laws or regulations of Member’s state. Benefits, Rewards, and points (as defined and described in Section 3 and 5) may only be obtained, used, or redeemed through MacKenzie-Childs.com, in MacKenzie-Childs retail stores, and or the Company’s customer service center.
BY APPLYING, REGISTERING, ENROLLING FOR MEMBERSHIP AND/OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (AS THE SAME MAY BE AMENDED, MODIFIED OR REPLACED FROM TIME TO TIME, THESE “TERMS”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER. THE COMPANY MAY, IN ITS SOLE DISCRETION AND WITH OR WITHOUT NOTICE, CHANGE OR CANCEL THE PROGRAM OR AMEND, MODIFY OR REPLACE THESE TERMS. PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING IN THIS PROGRAM. YOUR PARTICIPATION IN THE PROGRAM IS SUBJECT TO THE PROGRAM RULES AND TERM THEN IN EFFECT.
2. Joining MacKenzie-Childs Rewards; Existing MacKenzie-Childs Rewards Members & Opting Out
To join the Program, U.S. customers must register for a Membership account on MacKenzie-Childs.com. You will be required to agree to these Terms to participate in the Program. U.S. customers with existing Membership accounts as of September 1, 2023, must also agree to these Terms to continue to participate in the Program and automatically earn points towards the Program from Qualified Purchases (as defined in Section 4) starting September 1, 2023. You may opt out of the Program at any time by contacting customer service at customerservice@mackenzie-childs.com. If You elect to opt out or cancel Your Membership account, You (a) will automatically forfeit and will not be able to redeem any unused points from prior purchases, (b) will not be able to earn points for any subsequent purchases or actions, and (c) any previously earned Benefits, Rewards, or points will be forfeited and You not be able to retrieve or restore (nor will You be entitled to receive or use) any previously earned Benefits, Rewards, or points if You elect to opt in at a later time.
3. Attaining & Maintaining Tier Status
There are four Member tiers in the Program: -- Bronze, Silver, Gold, and Platinum. As further described below, each tier is based on the Member’s annual spend on qualified purchases. Achieving Silver, Gold, or Platinum status requires the Member reaching the minimum spend per Annual Period (as defined below) applicable for that tier. The applicable minimum spend per Annual Period for Members to be in the Silver, Gold, and Platinum tiers, respectively, are described in this Section 3 below (each, a “Annual Minimum Spend”). All tiers have a variety of types and quantities of benefits which the Company, in its sole discretion, makes available from time to time (“Benefits”). Benefits may vary by tier and certain elevated tiers may have more Benefits than other tiers. The type, timing, and availability of Benefits will be determined by the Company in its sole discretion. Once You achieve an elevated tier status, You will remain in that tier for twelve (12) months calculated from the date You achieve the applicable Annual Minimum Spend for that tier (the “Annual Period”), unless Your annual spend qualifies You for another elevated tier during that same Annual Period, in which case the twelve (12) month Annual Period will then be calculated from the date You achieve the applicable Annual Minimum Spend for that other elevated tier. To maintain Your status in a Silver, Gold, or Platinum tier, You must meet the Annual Minimum Spend for that tier in that Annual Period and each successive twelve (12) month Annual Period thereafter starting on the anniversary of the date You achieved the applicable Annual Minimum for that tier and for each Annual Period thereafter. If, at the end of an Annual Period, You have not met the Annual Minimum Spend required for that tier, Your tier will be changed to the tier with the Annual Minium Spend applicable to Your annual spend during that Annual Period.
Bronze
All Members automatically start in the Bronze tier upon enrollment. Subject to removal from the Program (as defined in Section 10), a Member will remain in the Bronze tier unless and until the Member meets the Annual Minimum Spend and other requirements for either the Silver, Gold, or Platinum status tiers.
Silver
The Silver tier has an Annual Minimum Spend of $300. Status in the Silver tier is awarded to Members that have an annual spend on qualified purchases of at least $300 per Annual Period. Once achieved, status in the Silver tier is valid for that Annual Period and the Member must meet the Annual Minimum Spend for the Silver tier (or Gold or Platinum tier) for each Annual Period thereafter or the Member will revert to the Bronze tier.
Gold
The Gold tier has an Annual Minimum Spend of $1,500. Status in the Gold tier is awarded to Members that have an annual spend on qualified purchases of at least $1,500 Annual Period. Once achieved, status in the Gold tier is valid for that Annual Period and the Member must meet the Annual Minimum Spend for the Gold tier (or Platinum tier) for each Annual Period thereafter or the Member will revert to the Silver or Bronze tier, depending on the Member’s annual spend for the Annual Period.
Platinum
The Platinum tier has an Annual Minimum Spend of $5,000. Status in the Platinum tier is awarded to Members that have an annual spend on qualified purchases of at least $5,000 per Annual Period. Once achieved, status in the Platinum tier is valid for that Annual Period and the Member must meet the Annual Minimum Spend for the Platinum tier for each Annual Period thereafter or the Member will revert to the Gold, Silver, or Bronze tier, depending on the Member’s annual spend for the Annual Period.
4. Earning Points & Rewards
All Members will receive 1 point for every U.S. dollar spent on qualified purchases on MacKenzie-Childs.com, in MacKenzie-Childs retail stores, and through the Company’s customer service center (“Qualified Purchase[s]”). All Members will receive bonus points for completing actions within the “Ways to Earn Points” section as set forth in the “My Account” Dashboard and Program page. The Company may offer bonus points events from time to time in which the bonus points offer would apply.
To make a Qualified Purchase, you must be logged into Your Membership account or provide Your Membership registered email address. Points are calculated based on the net amount of a Qualified Purchase rounded up to the nearest dollar. The net amount is the amount paid after discounts, taxes, shipping, and any amounts redeemed in Rewards (as defined in Section 5) have been deducted. Points will be awarded to Your Membership account twenty-four (24) hours after a Qualified Purchase is placed.
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, Warehouse Sales; or for purchases made in other locations that carry MacKenzie-Childs products such as Neiman Marcus, Williams-Sonoma, or independent gift shops. Other restrictions may apply.
If a purchase is cancelled or a product is returned, any points awarded for the purchase of such product will be cancelled. Points will still be credited for cancellations of purchases by the Company.
5. Redeeming Points & Rewards
From time to time, the Company, in its sole discretion, may make rewards available that a Member may redeem using points (“Reward[s]”). Points may only be redeemed for Rewards on MacKenzie-Childs.com, in MacKenzie-Childs retail stores, and through the Company’s customer service center. You are eligible to redeem points for a Reward if You have enough points in Your Membership account for that specific Reward.
For example, a Member may redeem 500 points for a $15 Reward and 1,000 points may be redeemed for a $30 Reward. The net purchase amount (after all other discounts have been applied) to which the Reward will be applied must be greater than or equal to the $15 Reward or $30 Reward, as applicable, that the Member is applying to the purchase. There is a limit of one (1) Reward per purchase and points will be deducted once the purchase has been completed.
To redeem a Reward, You must be logged into Your Membership account to apply at checkout. You may also redeem a Reward during the checkout process in MacKenzie-Childs retail stores, and through the Company’s customer service center. You are not required to redeem a Reward at checkout. The Company reserves the right to change the number of points required to redeem Reward amounts at any time, without notice to you.
Rewards cannot be applied to prior purchases; to the purchase of MacKenzie-Childs Gift Cards; to dollars spent on tax or shipping; to purchases made at special events including, but not limited to, Warehouse Sale; nor to purchases made in other locations that carry MacKenzie-Childs products such as Neiman Marcus, Williams-Sonoma, or independent gift shops. Other restrictions may apply.
If a purchase is cancelled or a product is returned, any points redeemed for the purchase, or the purchase of such product will be re-credited. It is possible for Your Membership account to have a negative balance if You do not have enough points due to cancellation or return.
All Benefits, Rewards, and points earned through the Program have no cash value, cannot be exchanged nor refunded for cash or credit, and may not be altered, bartered, transferred, nor sold. You have no ownership interest in the foregoing, and any use of “earn” or like language, does not constitute property or entitle You to any other rights except as expressly provided herein.
6. Expiration of Points & Rewards
All points will expire when a Member has not engaged in point activity associated with that Membership account (through purchase or redemption) for twelve (12) months or more. The Company will not provide prior notice to you that your points are about to expire.
7. Referral Program
Members will receive points for referring friends to (a) create a new Membership account and (b) place their first Qualified Purchase of $150 or greater as a Member of the Program (“Referral Program”).
To participate, use Your unique referral link within the “Refer A Friend” section as set forth in the “My Account” Dashboard and Program page. You must send an invitation to eligible friends to shop on MacKenzie-Childs.com via direct link, email, or Facebook (“Referrer”). An eligible friend is one who (a) has agreed and is subject to the Terms and (b) has never previously purchased on MacKenzie-Childs.com (“Referred Customer”). Each Referred Customer will receive a coupon to be used on their first Qualified Purchase of $150 or greater on MacKenzie-Childs.com. There is a limit of one (1) coupon per Referred Customer.
The Referred Customer must click on the Member’s unique referral link, continue to register for a Membership account on MacKenzie-Childs.com, and then make a Qualified Purchase of $150 or greater, all within the same browser session (“Qualified Referral”). If a Qualified Referral is made, the Referrer will receive 500 points in their Membership account within two (2) business days (“Referral Reward”).
The Referrer’s unique referral link may not be shared, sold, or used in any way except by the Referrer alone to obtain Qualified Referrals; referral links shared with or obtained through other sources will not be eligible to receive a Referral Reward. Referrers are limited to one (1) Qualified Referral for each Referred Customer; additional purchases made by a Referred Customer will not be deemed to be additional Qualified Referrals. The Referral Reward is determined and issued by the Company in its sole discretion.
If a purchase is cancelled, any points awarded for the purchase will be cancelled for the Referrer and the Referred Customer. Points will still be credited for cancellations of purchases by the Company.
As a Referrer, You agree to comply with all applicable laws, including, but not limited to, the CAN- SPAM Act. Any distribution of Your unique referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of Your Membership and exclusion from the Referral Program.
Your participation in the Referral Program requires You to submit personal information about yourself and Your friends, such as name and email address. By submitting any personal information about yourself and Your friends, you agree to our Privacy Policy and represent that you have all necessary consents to provide Your friends personal information. You agree to receive communications from the Company relating to Your participation and to allow the Company to communicate with Your friends about Your participation (e.g., by disclosing to Your friends that an invitation was sent by You). You or Your friends may opt-out of receiving communications by following the instructions in the communication.
8. Membership Account
Detailed descriptions of the Benefits and Rewards provided by Membership can be found on the Program page at https://www.mackenzie-childs.com/rewards. You may view Your Membership account activity by logging into the “My Account” Dashboard at https://www.mackenzie-childs.com/account.
9. Agreeing to Company’s Privacy Policy and Terms of Use
The Company values Your privacy. The personal information collected from each Member, including purchase history and credit card information will only be used and disclosed by the Company for the purpose of the administration of the Program, internal analysis for marketing purposes, and as otherwise permitted by the Company’s Privacy Policy. BY APPLYING FOR MEMBERSHIP IN THE PROGRAM AND/OR REFERRAL PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR OVER THE AGE OF 13, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO RECEIVE COMMUNICATIONS FROM THE COMPANY AND TO BE BOUND BY THE COMPANY’S PRIVACY POLICY AND TERMS OF USE. PLEASE SEE THE COMPANY’S PRIVACY POLICY AND TERMS OF USE AT https://www.mackenzie-childs.com/privacy-policy.html.
10. Changes, Termination and/or Removal From Program
The Company specifically reserves the right to terminate, cancel, suspend and/or modify the Program, or any specific Member’s participation in the Program, if any fraud, virus, or other technical problem corrupts the administration, security, safety, or proper function of the Program, as determined by the Company in its sole discretion. In addition, the Company reserves the right to terminate, cancel, suspend and/or permanently ban any specific Member’s participation in the Program if the Company suspects that such Member is conducting fraudulent activity to acquire, accumulate or spend points including, but not limited to, by a Member creating multiple Membership accounts, false referrals, etc.
Any abuse of the Program, failure to follow any Terms of the Program, any misrepresentation, or any conduct detrimental to the interests of the Company, in each case, as determined by the Company in its sole discretion, may subject Members to Membership revocation and will affect eligibility for further participation in the Program or other programs offered by the Company. If Your Membership is revoked or otherwise cancelled, You (a) will not be able to redeem any unused points, (b) will not be able to earn points for purchases or actions, and (c) will not be able to retrieve previously earned Benefits, Rewards, or points if You elect to opt in at a later time. YOUR CONTINUED USE OF THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
It is Your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining, continuing to use, participating in and/or receiving any of the benefits of the Program, You hereby agree to be bound by any such changed Terms.
11. The Program’s Content on the Website
The 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 the Company’s prior written consent. However, as long as You comply with these Terms, the 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 the Company the irrevocable, unrestricted right to repost Your post on Website or Company social media.
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, the Company does not grant You any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
12. Disclaimers and Limitation of Liability
THE COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE OR THE ADMINSTRATION OF THE PROGRAM OR THE REFERRAL PROGRAM 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, THE PROGRAM, AND THE REFERRAL PROGRAM ARE DELIVERED ON AN “AS-IS,” “WHERE-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.
THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY CANNOT ENSURE THAT ANY INFORMATION YOU TRANSMIT TO THE WEBSITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE 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 COMPANY SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST THE 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 THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, THE 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, THE 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 RESIDENTS OF STATES WHERE A LIMITATION IS NOT PERMITTED.
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.
13. Indemnity
You agree to indemnify and hold the Company, its affiliates, and each of their respective existing and future officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and assignees, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with Your use of the Website, the Referral Program, or the Program.
14. Dispute Resolution
You agree that all matters relating to Your access to or use of the Website, your participation in the Program and/or the Referral Program, 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 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 (1) year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to court costs and attorneys’ fees.
15. Miscellaneous
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 the Company with regard to Your use of the Website, and your participation in the Program and/or the Referral Program, and any and all other written or oral agreements or understandings previously existing between You and the Company with respect to such use are hereby superseded and cancelled.
The Company’s failure to insist on or enforce strict performance of these Terms shall not be construed as the Company’s waiver of any provision or any right it has to enforce these Terms, nor shall the Company’s waiver of any provision on one occasion be deemed a waiver of such provision on any previous or subsequent occasion. Any course of conduct between the 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. The Company customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
16. Additional Information on the Program
If You have any questions regarding the Program, You may email customer service at customerservice@mackenzie-childs.com.