Rewards Program Terms

 

Last Modified: October 3, 2022

Due to restrictions in certain states, some or all of the Program (as defined below) may not be available where you are located.  These Rewards Program Terms and Conditions, and any and all parts of the Program, are void where prohibited.

Inhabit Brands, Inc. (“Company”, “us”, “our” and “we”) owns the website located at www.clairobscur.com and its subdomains (collectively, the “Site”). These Rewards Terms and Conditions (“Rewards Terms”), together with the Company’s Terms of Use and Privacy Policy, govern your use of and access to the Company’s rewards program (the “Program”) as a part of the Site, including describing certain limitations placed on your participation in the Program. As used in these Rewards Terms, “Service” means the Site, the Program, and any other associated services provided by Company. Please read these Rewards Terms carefully.

These Rewards Terms set forth the legally binding terms and conditions that govern your participation in the Program.  By enrolling in the Program, you are accepting these Rewards Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these Rewards Terms.  You may not enroll in the Program or accept the Rewards Terms if you are not at least 18 years old.  If you do not agree with all of the provisions of these Rewards Terms, do not enroll in the Program.

ELIGIBILITY IN THE PROGRAM

Membership in the Program is available to individuals (not corporations or other forms of entities) who are legal residents of the United States and are at least 18 years of age. In order to participate in the Program, you must register and maintain an active Company account with a valid email address (“Account”). We reserve the right to suspend or terminate any Accounts and suspend or terminate your participation in the Program if we believe that any of the requirements for eligibility are not met. We reserve the right to determine whether any particular user is eligible to participate in the Program.

Employees of Company and its affiliates and partners, and each of their immediate family members and individuals living in the same households of each of these individuals, are eligible to participate in the Program but may be subject to additional terms regarding the Program, as set forth in Company’s employment policies or agreements. The Program is void where prohibited or determined invalid by law or where bonding, registration, or other requirements have not been met.    

The Program is for personal use by natural persons only. Commercial customers and others purchasing items for resale are not eligible for participation in the Program. Any user’s Account deemed to be used for business purposes may be disqualified from the Program by Company in its sole discretion. In the event of an account holder’s death, the Account will be closed and all points, perks, and other benefits forfeited.  In the event of a dispute over ownership of an Account, the Account will belong to the authorized account holder of the email address submitted at the time of enrollment.

ENROLLING IN THE PROGRAM

You are automatically enrolled in the Program when you register for an Account on the Site.

By enrolling in the Program, you agree that you will (a) keep your user name and password secure and confidential, (b) keep your Account information updated and accurate, and (c) notify us immediately of any unauthorized use of your Account. We will deem any activity occurring through your Account, including without limitation any Rewards (defined below) granted in connection with your Account, to be your individual actions. By registering for an Account you agree to be held responsible for all the activity that occurs on your account.

All members of the Program enjoy a variety of benefits made available by Company in its sole discretion from time to time (“Benefits”).

The type, timing and availability of any Benefits (including Rewards (as defined below), special offers, sweepstakes, one of a kind experiences, exclusive events and advance access to products) will be determined by Company in its sole discretion.

All personal information collected, processed and used as part of the Program will be used in accordance with our Privacy Policy, which is available at clairobscur.com/policies/privacy-policy. 

ACCUMULATING POINTS

After enrolling, you can accumulate points by personally completing actions as an individual, which qualify you for points (“Qualifying Actions”). Qualifying Actions are indicated by us from time to time and may include, but are not limited to:

• Creating an Account
• Providing your date of birth
• Signing up for the Company’s newsletter
• Completing other actions that we may make available from time to time

We reserve the right to determine, in our sole discretion, whether a particular action is a Qualifying Action. We also reserve the right to offer certain Qualifying Actions, offers, or rewards to certain users without offering them to all users. For example, we may offer certain users particular rewards or offers based on their action history, their location, or the rewards they have chosen in the past.  You may not use any automated scripts, bots, spiders, or other similar methods to scan, obtain, or submit information on or through the Program, including in connection with completing any Qualifying Action. 

Points that are validly obtained will generally post to your Account within several hours of completing a Qualifying Action, but in some cases it may take longer. You can view the points balance in your Account and any of your redemption activity by signing in to your Account. Points obtained or accumulated are, and will at all times remain, our property. Points have no cash or other value, except as used to obtain rewards. You may not sell, purchase, or transfer your points or your Account for any reason or by operation of law.

All unredeemed points will expire if no Qualifying Action has been made from your Account for twenty four (24) consecutive months. Points must be redeemed within twenty four (24) months from when they were obtained or they may be forfeited. We reserve the right to issue certain points that will have an earlier or shorter expiration date. We may also remove points from your Account to correct errors. Points will automatically be forfeited in the event your Account is terminated. You may not be provided with notice of expiration, forfeiture, or removal of points. You are not entitled to compensation from us, or from any other entity, in the event that the points in your Account expire, the points are removed from your Account, your Account is terminated, or if the points are forfeited for any reason.

REDEEMING REWARDS

As part of the Benefits of participating in the Program, your points may be redeemed for rewards made available by Company from time to time in its sole discretion (“Rewards”), once the Company launches the commercial version of the Site.  If the Site does not launch commercially, all points will be forfeited from your Account. When you apply your points toward a Reward, the number of points you choose to apply will be deducted from your Account.  

You are eligible to redeem points for a Reward if you have enough points in your Account for that specific Reward. The retail value of the Reward does not count toward the Company’s free shipping threshold. You may also redeem one of each Reward per transaction. Points will be deducted at time of redemption. Rewards are subject to change, alteration, substitution or termination by Company in its sole discretion at any time.

The points themselves have no cash value and can only be redeemed for Rewards. Company may, in its sole discretion, allow points to be redeemed for other benefits or items of merchandise from time to time. However, unless expressly permitted by Company (like with Company’s Reward Vouchers), points are never redeemable for cash.

All Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for points, cash, another product or e-gift certificate unless pursuant to a specific offer from Company. Company is not responsible for lost, stolen or damaged Rewards. You are solely responsible for any taxes incurred by you relating to the receipt of Rewards.

A ”Reward Voucher” reward option is a $10, $25 or $100 instant discount applied to the purchase price of merchandise available to all Program members in exchange for redemption of 1,000, 2,500 or 10,000 points, respectively.

Reward Vouchers cannot be applied to gift card purchases, previous purchases, gift wrapping, packaging, taxes, or shipping & handling charges.

Return of merchandise purchased with a Reward Voucher will be for the price actually paid after applying the applicable Reward Voucher discount. Neither the points deducted from your Account or applicable Reward Voucher discount will be refunded. Exchanges of the same item will be credited for the full transaction value including the Reward Voucher discount.

A Reward Voucher is not cash, has no cash value without a purchase and may not be altered, sold, bartered or transferred. A Reward Voucher is applied last after all other promotional discounts have been applied. Reward Vouchers cannot be used on any other promotional offers, discounts or Rewards. Reward Vouchers are subject to change, alteration, or termination by Company in its sole discretion at any time.

 

We may also require that you provide us with additional information (such as your name, address, or other information) in connection with a Reward. We reserve the right to refuse a Reward, either before or after fulfilling the transaction, if we believe the applicable points have been accumulated as a result of a violation of these Rewards Terms.  In the event a Reward is refused or reversed after the completion of a transaction, the balance of any amount owed by you will be applied to your Account and must be promptly paid by you.  If we have your payment method on file, such amount may be automatically deducted from your payment method.

Company assumes no responsibility for, and is not liable for, any unauthorized access by third parties to any user’s Account and/or Account information, including but not limited to any unauthorized Reward transactions made from the Account. Company assumes no obligation or duty to re-credit the points from any unauthorized Reward transactions made by third parties. Without limiting the foregoing, if you would like to request a review of an unauthorized Reward transaction, you must notify Company within 30 days of the date the unauthorized order was made, and Company may, in its sole discretion, review the order and consider re-crediting points.

All Reward transactions are final once initiated by you. Once you have made a Reward transaction, it cannot be canceled, and points will not be refunded.  Company may review and re-credit points if you do not receive the applicable item, but such decision will be made by Company in its sole discretion after its investigation and review of the applicable transaction. You may not redeem points if your account has been suspended or terminated for any reason.  

 

We reserve the right to offer rewards through or transfer rewards to other promotional incentive programs offered by Company and its affiliates or partners.

Without limiting anything set forth herein, Program points:

• May not be combined with other discounts or promotional offers/retail certificates or coupons;
• Cannot be retroactively applied to previous purchases;
• Will not be replaced, reissued, or credited if lost, stolen, or otherwise destroyed;
• Are void where copied, fraudulently obtained or transferred, derived from points fraudulently obtained or transferred, prohibited, or restricted by law;
• Are not exchangeable; and
• Are subject to any additional redemption terms and procedures specified through the Program.

COMMUNICATIONS

By participating in the Program, you agree to communicate with Company via email. We may communicate with you regarding any matter related to the Program by email, by posting to the Site or your Account, or by other electronic communications. All electronic communications to you sent from us, or on our behalf, will be deemed to be communications “in writing” and will be deemed delivered to you no later than the earlier of the date actually received or five (5) days from the date of posting or dissemination.

 

Calls and Text Messages. You agree that by accepting these Reward Terms or otherwise participating in the Program, we may call you or send you text messages to the telephone number you associate with your account to contact you about your account and to provide promotional and other offers.  You acknowledge and agree that these calls and text messages may be initiated using an automatic telephone dialing system or other automated technology for the selection or dialing of numbers.  Your consent to receive autodialed marketing calls and text messages is not a condition of any purchase.  You are responsible for any charges assessed by your mobile carrier for communications made by us to your mobile device or other device.

You expressly agree that any notice due under the terms of the Program, including any notices required by applicable law, may be given in email form to the email address provided by you and on file with Company. Without limiting anything contained herein, you expressly agree that it is your sole responsibility to keep your email address current and up-to-date and that Company may reasonably assume that any email sent by Company to the email address on file will be received by you.

CUSTOMER SERVICE

If you have a problem or question regarding the Program, please contact us at team@clairobscur.com.

If you contact us regarding an error or mistake with respect to your Account, we will use reasonable efforts to investigate and correct the error or mistake. In any event, you must notify us within thirty (30) days of the posting date or the date of the alleged error or mistake in order for us to undertake an investigation into the matter.

All questions or disputes regarding the Program, including eligibility, obtaining points, membership tiers, or redemption of points for rewards, will be resolved by us in our sole discretion.

CHANGES TO THE PROGRAM

You are responsible for reading the Rewards Terms. We may modify, restrict or change the Program and/or these Rewards Terms at any time by posting a notice, which changes may include, but are not limited to, changing the terms of eligibility and enrollment, the number of points obtained for a particular action, membership tiers, the type and selection of rewards, or the conditions under which points expire, may be redeemed or are forfeited. We will endeavor to notify you of material changes to the Program and Rewards Terms and, unless you choose to terminate your Program participation, you will be bound by the revised Rewards Terms. Notification of material changes may be done through the email address you have provided to us, SMS or MMS messaging to the registered mobile number associated with your account (which SMS or MMS message may direct you to a website for the changed Rewards Terms), posting such changes on the Site or your Account, or by any other appropriate method, as we may determine. We also reserve the right to suspend or terminate the Program at any time, in our sole discretion, without liability or compensation to you.

ERROR PREVENTION AND OTHER ADJUSTMENTS

Occasionally we may review the validity of your Account, your Qualifying Actions, and your compliance with these Rewards Terms. In addition, we may, but are not required to, review your point balance to confirm if any errors have been made in the calculation of your point balance. Based on any such review or if we otherwise deem necessary (for example, if we believe there have been non-qualifying actions), we may authorize an adjustment to the points balance in your Account and/or membership tier. These adjustments can be positive or negative. You are responsible for periodically verifying the accuracy of your points balance. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

If Company improperly denies you points, your exclusive remedy shall be the issuance of the improperly denied points, or such other alternative comparable benefit as determined by Company, which shall have no additional liability whatsoever. In no event shall Company be liable to you, or anyone claiming through you, for any direct, indirect or consequential damages, or lost revenue or profits, arising out of Company’s acts or omissions in connection with the Program.

If you become aware of any fraudulent activity, including unauthorized use of your Account or benefits, you must report the fraudulent activity to us at team@clairobscur.com as soon as possible but no later than five (5) calendar days after your discovery of the fraudulent activity or misuse.

TERMINATION OF YOUR PROGRAM ACCOUNT

You may cancel your account at any time by notifying us at team@clairobscur.com. Cancellation of your Account will be effective no later than thirty (30) days after you submit your request.

We reserve the right, in our sole discretion, to suspend or terminate your Account, to remove or refuse to award points, or cancel rewards associated with your Account, for any reason at any time including, but not limited to, if we have a reasonable belief that: (1) points or rewards were improperly or fraudulently obtained; (2) you have violated these Rewards Terms or the Company Terms of Use, including, without limitation, opening or maintaining multiple accounts or engaging in fraudulent activity to obtain or redeem points; (3) you have otherwise abused or tampered with the Service; or (4) you violate or act in any manner that is inconsistent with federal, state, or local laws. In addition, we reserve the right to suspend or terminate your Account if you have not completed any Qualifying Actions for twenty-four (24) consecutive months.

When an Account is cancelled or terminated for any reason, any and all point balances or other benefits associated with the Account, will be forfeited or cancelled effective as of the date of such termination.

LIABILITY

YOU UNDERSTAND AND AGREE THAT THE COMPANY PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless Company and its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Company Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Company Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Company Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Company Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.