SMARTSTYLE EXTRAS™ LOYALTY PROGRAM UPDATE
As a valued guest, we want to let you know that effective today, December 19, 2017, we are discontinuing our SmartStyle EXTRAS™ loyalty program. We apologize for any inconvenience this may cause, but want to thank you for being part of this pilot program.
If you're subscribed to our email program you will continue to receive valuable tips and offers from your salon. Thanks again for your participation in the program and your continued loyalty as a guest. We look forward to serving you in the future.
The SmartStyle Extras Loyalty Program ("Program") Pilot is one way we strive to reward and thank loyal guests for patronizing our business and purchasing our products and services. As a program member, you are able to earn and accumulate "Points" that can be used for various "Rewards" at participating SmartStyle® locations in the U.S. and Canada, as outlined herein. Or instead of earning points, you can choose a free travel-size product with every product or service purchase of $9.99 or more. Ask at your local salon whether or not it participates in the Program or visit SmartStyle Extras Participating Locations to find a participating salon location near you.
To participate in the Program, you must read and accept all of the provisions contained in these Terms and Conditions ("Terms"). By opting in to the Program, you are agreeing to these Terms. If you do not agree to be bound by these Terms, you should not participate in the Program. Participation in the Program constitutes each member's full and unconditional agreement to these Terms and all terms incorporated by reference.
Sponsor: This Program is operated by Regis, Inc., and/or its subsidiaries and affiliated companies (collectively, "SmartStyle").
a. This Program is not targeted towards, nor intended for use by, anyone under the age of 13. Any customer of SmartStyle age 13 and older may apply to participate in the Program by visiting a participating SmartStyle location or complying with any other enrollment option which may be provided by SmartStyle in the future and providing the information requested to enroll in the Program. In all cases, a valid email address is required to participate, in addition to first name, last name, phone number, and any other information as requested. Applications are subject to acceptance by SmartStyle. SmartStyle is not responsible for any disruption of the Program or accrual of Points caused by incorrect member information.
b. There are no fees required or associated with enrolling and participating in the Program.
c. To verify the status of an account, determine number of Points or determine whether or not a SmartStyle location is a participating location, members can visit a participating SmartStyle location and ask, visit SmartStyle Extras, contact Guest Services at our Contact Us page, or call 1-844-POINTS1 (1-844-764-6871) to request additional information.
d. Your Points, Rewards, and your Program account are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one Program account, and SmartStyle reserves the right to terminate your account and/or your participation in the Program if SmartStyle determines in its sole discretion that you have violated these Terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Ownership of a disputed account will be settled in favor of the authorized account holder listed for the email address used to enroll in the Program.
e. By participating in the Program, you agree to receive promotional information from SmartStyle until such time that you unsubscribe to SmartStyle's emails or write SmartStyle requesting not to receive such materials.
f. Participation in the Program and use of Points are intended for personal use only and shall not be marketed, re-sold or leveraged for commercial gain by the member. SmartStyle reserves the right to limit the number of Points accrued by a member.
g. SmartStyle reserves the right to immediately cancel any membership and any corresponding Points if it believes in its sole discretion that the member has violated any provision of these Terms.
a. Members may receive one (1) Point for every United States or Canadian dollar spent on any and all products and services purchased in a participating salon, unless otherwise stated.
b. Points are not accrued for the following:
I. Taxes on participating purchases and tips for services will not be included toward the Point totals.
II. Discounts on products and services.
III. Tender amount paid with a gift card or other ineligible tender.
IV. Voided transactions.
V. Members that have chosen to receive a travel-size product instead of Points on their transaction.
c. Points are accrued in whole number values. If the calculated number of Points includes a fraction of a Point, the number will be rounded up or down to the next whole number:
I. .01 to .49 will be rounded down to the whole number.
II. .50 to .99 will be rounded up to the next whole number.
d. Points are accumulated on net amount (not on original price if discounted).
e. Points will be awarded to the member who pays for a product or service rather than the person who might receive the actual service. SmartStyle has no obligation to credit a member's account based solely on proof of a purchase if SmartStyle is not able to verify the actual purchaser of the corresponding products/services.
f. Points earned by a member will automatically be deposited in his or her account (assuming the account is valid and verifiable) at regular intervals, following payment for products and services at a participating location. Points will begin to accrue when processing of the member's enrollment in the Program is completed. Purchases made prior to enrollment in the Program will not be eligible.
g. Points will not expire during the Term of the Program, unless otherwise indicated in these Terms, such as for member inactivity as outlined below.
h. If a purchased product for which Points were awarded is returned or SmartStyle refunds or does not receive payment for a transaction that would otherwise result in Points, SmartStyle may deduct the corresponding Points from the member's account.
i. The accumulation of Points does not entitle members to any vested rights with respect to Points or Rewards or Program benefits.
j. Eligible purchases and Points reflected in SmartStyle’s records shall be deemed correct and SmartStyle reserves the right to determine the Points to be awarded to eligible accounts and to correct or modify the Points at any time based on SmartStyle’s records and calculation of account information.
k. Each member is responsible for ensuring that the information in his/her account is accurate and is kept current.
l. Based on the above, it is possible that a member may have a negative Point balance.
m. Members may receive a point of sale offer in which the members may be allowed to select an available travel-size product in lieu of receiving Points for an otherwise valid transaction. Disclaimers:
I. A $9.99 minimum spend is required to receive a free travel-size product.
II. Maximum of one travel-size product per day and 10 per month per member.
III. Travel-size product cannot be exchanged or returned.
a. Members whose accounts have accumulated the then-current qualifying amount of Points for a Reward may be notified of the Reward offer at the time of making a purchase at a participating location. Qualifying Reward totals are subject to change from time to time. Upon notification of the availability of a Reward, the member can either redeem the Reward and the corresponding Points will be deleted from the account or can reject the current Reward offer and allow the Points to remain in the account to be used in the future. Members are responsible for monitoring their own accounts for available Rewards.
b. Currently Available Rewards: Once a member reaches 150 points, they can redeem them for a free haircut or up to $15 off any single product.
I. Haircut Reward: The haircut Reward includes the following cuts:
i. Adult shampoo & cut
ii. Kid’s shampoo & cut
i. The $15 discount Reward cannot be combined with other offers or discounts.
ii. If you use a Reward on any single product that is less than $15, the difference between the actual price and the $15 amount will not be refunded to you in the form of money, gift cards or Points.
iii. Available Rewards are subject to change. Check the website for then-current Rewards.
c. Special Reward offers or changes in Available Rewards may also be made available by email, text message, mobile app, social media, the program website, physical mail or SmartStyle's POS system. Special Rewards may include discounts on services and merchandise, bonus Point totals for purchases, birthday benefits, sweepstakes, contests, or other promotions, and may include certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to verify your participation in the Program and your valid account in order to redeem special Rewards. Read each offer carefully for applicable rules, details, limitations and restrictions.
d. In the event a single, eligible member inadvertently accrues multiple accounts, Points may only be aggregated by contacting Guest Services. Guest Services may refuse to aggregate Points, if it believes in its sole discretion that the member violated the terms herein.
e. Program Points and Rewards have no cash value and are not exchangeable, returnable, refundable or redeemable for cash.
f. Points and Rewards are not transferable and may not be offered for sale (including via any Internet auction site) and are void upon any attempts to transfer, sell or exchange for cash or other consideration or if received or used in violation of these Terms.
g. Rewards may change or be withdrawn at any time subject to SmartStyle's sole discretion. Check these Terms or contact a participating SmartStyle location for current Reward offers.
IV. Point Expiration:
a. The Points in any account that has not had a qualifying purchase made for a period of one year or longer may expire and be deleted from the member account. If a member makes a qualifying purchase at least once in every 12 month period, all Points in the member's account will remain active during the Term of the Program.
a. Any information collected in connection with the Program will be used as needed to facilitate participation in the Program.
VI. Modification and Termination of Program:
a. SmartStyle reserves the right to terminate, cancel, modify or restrict any of the Terms governing the Program and any related policy or guideline related thereto, including, but not limited to, the methods through which Points can be earned and used, the value of Points, the qualifying services and/or products offered, the conversion rates between Points and Rewards, and the conditions under which Points may be forfeited - at any time, with or without notice, even though these changes may affect a member's ability to use a Reward that he/she has already earned. Any changes or modifications will be effective immediately upon posting the revisions to SmartStyle Extras, and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the Program confirms your acceptance of these Terms and any such changes or modifications, so you should review these Terms and applicable policies frequently. If you do not agree to any portion of the then-current Terms, you must stop participating in the Program.
b. Members are responsible for remaining knowledgeable as to any changes that SmartStyle may make to these Terms. The most current version of these Terms will be available on the SmartStyle website which facilitates the Program and will supersede all previous versions of the Terms.
c. The Program has no predetermined termination date and may continue until such time that SmartStyle decides to terminate the Program. ("Term") SmartStyle may terminate or modify the Program at any time. Upon termination, members may or may not, at SmartStyle’s sole discretion, have a designated period of time from the date of Program termination to use accrued Points or available Rewards. Otherwise, any Points remaining in a member's account at time of termination will be forfeited.
d. SmartStyle reserves the right to terminate the account of any member who uses the Program in a manner inconsistent with these Terms or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines, or ordinances, which may result in the loss of all earned Points, Rewards, and privileges.
e. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, SmartStyle reserves the right to seek damages from any such person to the fullest extent permitted by law. SmartStyle’s failure to enforce any of these Terms shall not constitute a waiver of that, or any other, provision.
f. All questions or disputes regarding eligibility for the Program, the earning, use, or conversion of Points or Rewards, or a member's compliance with these Terms will be resolved by SmartStyle in its sole discretion.
VII. Limitation of Liability/Disputes:
a. By participating in the Program, each member accepts all responsibility for, and hereby indemnifies and holds harmless SmartStyle and its respective officers, directors, employees, franchisees, shareholders, agents, and successors, and assigns (the "Released Parties"), from and against any claims that may arise from actions taken by such member, participation in the Program, acceptance or use of any service or merchandise, misuse of Program by member or others, and any unauthorized access to member’s account by a third party.
b. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT SMARTSTYLE HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS OR REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS OR REWARDS, RESPECTIVELY. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT".
c. These Terms are governed by and interpreted under the laws of the state of Minnesota with exclusive venue and jurisdiction in Minnesota. Members hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have. In addition, any dispute relating to the Program (including these Terms) shall be brought individually, and without resort to class action.
d. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect. The Program is void where prohibited or restricted by law.
The SMARTSTYLE® and SMARTSTYLE EXTRAS™ trademarks and all related marks are the proprietary property of Regis Inc.