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FRAGRANCE FAMILY REWARDS PROGRAM TERMS AND CONDITIONS:
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS PROMOTIONAL PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
The Fragrance Family rewards program is a promotional offer unique to The Yankee Candle Company, powered by the Crowdtwist platform ("Platform"). Individuals who wish to take part in the Yankee Candle® Rewards program must register and agree to comply with these rules (the "Official Rules") in order to be authorized users of the Fragrance Family rewards program ("Users"). Users accessing and engaging with this rewards program in accordance with these Official Rules can earn Points for activities described on The Yankee Candle Company's website. "Points" are those particular rewards program measurement increments that can be used to determine when rewards ("Fragrance Cash") is delivered to Users. Points are reflected in the User's account. Fragrance Cash may change from time to time, without notice, at The Yankee Candle Company's discretion.
ELIGIBILITY:
The Fragrance Family rewards program is offered to United States residents, except where prohibited or restricted by law; residents of Canada are not eligible to participate. The Yankee Candle Company rewards program is only available to individuals who: (a) residents of the fifty United States (including the District of Columbia); (b) are over 18 years of age as of the date of first participation in the rewards program; (c) agree to The Yankee Candle Company's Privacy & Security policy (available at https://privacy.newellbrands.com/index_en.html) and (d) possess a valid, active and personal email address.
PROGRAM PARTICIPATION:
The Yankee Candle Company rewards program allows Users to earn Points while using, viewing or responding to The Yankee Candle Company's website in accordance with the rules of a promotion and the EARNING POINTS section of these Official Rules. Points and their values: (a) are determined by The Yankee Candle Company in its discretion; (b) are subject to change without notice; and (c) may vary among promotions. All Points and actions using Points, including but not limited to earning, saving and redemption, must be in compliance with these Official Rules.
These Official Rules may change, in The Yankee Candle Company's discretion, with or without notice to any User. The Yankee Candle Company shall not be liable to any User for any changes in the Official Rules. If a change occurs, User's continued participation in The Yankee Candle Company Rewards program shall constitute agreement to the changes. A User may terminate participation by notifying The Yankee Candle Company at https://www.yankeecandle.com/customer-service/contact-form, and upon such termination the User may use Points accumulated up to the date of termination.
Individuals participating in this rewards program may register only one account for the purpose of accruing or earning Points. Any User or person who tries to use more than one user account, user ID or create more than one identity to obtain more Points shall be disqualified in The Yankee Candle Company's sole discretion.
EARNING POINTS:
Users may earn a certain number of Points for particular activities as fully described on the participating website and in the particular promotion through which a User is invited to participate. The User must be logged into their account on YankeeCandle.com, or identify themselves as a valid rewards member in participating stores at the time of activity in order to earn points.
Users may earn points as follows:
| ACTION | POINTS | HOW OFTEN CAN A USER EARN? |
|---|---|---|
| Yankee Candle purchase via www.YankeeCandle.com or a participating Yankee Candle Company retail location | 10 points for every $1 spent | 30,000 points maximum per calendar year |
| Signing up for the Fragrance Family rewards | 100 | One-time |
| Adding birthday to profile | 50 | One-time |
| Adding phone number to profile | 50 | One-time |
| Rating a product, and/or writing a review | 25 | 10 per year |
| Taking quizzes | 25 | One-time per unique quiz |
| Signing up for marketing emails | 100 | One-time |
Points and point-earning activities shall be displayed on a participating website and may be recorded for review by the participating website owner. Point values may change at any time, without notice. Points will be reflected in a commercially reasonable time after they are earned. Any inquiries regarding Points not correctly reflected must be received by Yankee Candle within 7 days of the date of alleged accrual of Points at https://www.yankeecandle.com/customer-service/contact-form. Points are awarded for the value of products that ship less shipping fees and taxes, at the time of shipping. Points cannot be earned on gift card purchases. Points are not transferable, are promotional in nature, may not be redeemed for cash, and cannot be earned after the rewards program is terminated. Unless prohibited by law, unused Points are forfeited upon termination of the rewards program. Points expire after one year from the date of purchase, subject to applicable law.
FRAGRANCE CASH:
In order to receive Fragrance Cash, a user must be subscribed to receive email communication. All vouchers are valid for 90 days from the date of issue. A limit of four (4) rewards can be used in a single transaction. No more than 30,000 points can be earned in a single calendar year. Fragrance Cash can be redeemed on YankeeCandle.com and at US Yankee Candle Retail Locations. There is no cash value for the points earned, or expired or unused Fragrance Cash. Fragrance Cash cannot be redeemable for cash or gift cards, and cannot be applied toward previous purchases. No copies or reproductions of Fragrance Cash vouchers will be accepted.
MEMBER STATUS:
The program has two levels of member status. Members who reach 1,000 points or greater within a calendar year will reach Fragrance Lover status for the balance of the calendar year plus the following calendar year. Status expires after that period. In order to maintain Fragrance Lover status, a member must accrue 1,000 points each subsequent calendar year. All other members will be placed in Fragrance Fan status by default. There is no action to maintain Fragrance Fan status. Status levels and break points between status levels are subject to change at any time.
MEMBER PERKS:
Members will receive special perks in the program dependent on their status. Perks are subject to change at any time. Birthday gifts will be delivered in the form of a coupon code to the email address associated with a member’s account. Birthday gifts are subject to change at any time. Birthday gift codes are valid for 30 days from the time the email with the code is received. In order to receive the birthday gift code, a user must be subscribed to receive email communication.
| PERK | FAN | LOVER | HOW OFTEN CAN A USER RECEIVE |
|---|---|---|---|
| Free Birthday Gift | Gift | Better Gift | 1X per year |
| Extra points on value of Auto-Ship Orders (less shipping and taxes) | 2 times more points | 2 times more points | Unlimited, up to 30,000 total earned points in any capacity in a calendar year |
| Extra points on all purchases (less shipping, gift cards and tax) | None | 1.25 times more points | Unlimited, up to 30,000 total earned points in any capacity in a calendar year |
| Economy Ground Shipping Threshold | Spend $50 per order to receive free ground shipping | Spend $50 per order to receive free ground shipping | Unlimited |
RETURNS:
In the event a User returns merchandise that was partially or wholly paid for with a Rewards Voucher(s), the Rewards Voucher(s) used in connection with that initial purchase shall not be reissued to the User, and no points representing the Rewards Voucher(s) shall be reissued to the User’s rewards account as each Rewards Voucher is considered to have been redeemed. In a return transaction where a Rewards Voucher was used to reduce the total amount paid, the User is only entitled to a refund for any amount actually paid [or store credit for the full amount of the original transaction].
TERMINATION:
The Yankee Candle Company may terminate the rewards program at any time in its sole discretion. Notice of termination shall be provided to Users in any manner The Yankee Candle Company deems reasonable, including but not limited to, posting notice on The Yankee Candle Company website, Facebook or other application, or via email. Notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of The Yankee Candle Company, Crowdtwist, or a supplier of Rewards Vouchers. The Yankee Candle Company may also terminate a User's participation in The Yankee Candle Company rewards program if it determines, in its sole discretion, that the User is in breach of any terms of these Official Rules.
GENERAL CONDITIONS:
All federal, state and local laws and regulations apply. The Yankee Candle Company is not responsible for determining compliance with local laws, and to the extent local laws apply, Users are solely responsible for compliance.
TERMS:
By participating in The Yankee Candle Company rewards program, Users agree: (a) to be bound by these Official Rules and by the decisions of The Yankee Candle Company, which are final on all matters pertaining to this The Yankee Candle Company rewards program, and (b) to release, indemnify and hold harmless Crowdtwist, The Yankee Candle Company and its vendors from all claims and responsibility for: (a) incomplete or incorrect information, garbled transmissions, and telecommunications failures or service interruptions; (b) a User's use of the website, Points or Rewards Vouchers; (c) typographical, printing or other errors in the offer or administration of the rewards program; (d) errors, irregularities or failures in: (i) awarding, accumulating, receiving, redeeming or using Points; (ii) advertising; or (iii) accessing the rewards program; (e) mistakes in or changes to the Official Rules, the selection, notification and announcement of the Points or the distribution of Rewards Vouchers; (f) any direct or indirect damages, losses, expenses, or injuries relating to, or arising out of the design, manufacture or use of any Rewards Vouchers; (g) any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or used in the rewards program or by any technical or human error which may occur in the processing of submissions in the rewards program; or( h) any injury or damage to User's or to any other person's computer related to or resulting from participating or downloading materials in this The Yankee Candle Company rewards program.
The Yankee Candle Company and all entities involved in conducting this rewards program reserve the right in their sole discretion to limit participation in the program, to assess varying point values to point-earning opportunities, and to terminate or disqualify any User's involvement in the program.
Normal Internet access and usage charges imposed by a User's online service shall apply.
MALFUNCTIONS AND MISCONDUCT:
The Yankee Candle Company reserves the right at its sole discretion to cancel, terminate, or suspend the rewards program without obligation or prior notice if the rewards program is not capable of running as planned for any reason, including but not limited to: (a) computer, programming, system errors; (b) infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of rewards program; or (c) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (regardless of whether officially declared).
Any attempts by any User to access rewards program via a bot script or other brute-force attack shall result in that User becoming ineligible and forfeiting any and all accrued Points. Any use of automated means, whether programmatic or robotic or the like, to gather Points shall result in a disqualification of the User from The Yankee Candle Company rewards program. The Yankee Candle Company, in its sole discretion, reserves the right to disqualify and terminate participation of any User found to be: (i) tampering with the operation of The Yankee Candle Company rewards program; (ii) acting in violation of the Official Rules; (iii) violating the terms of use of The Yankee Candle Company website, including but not limited to all applicable terms and conditions of that website or websites; (iv) acting in an unethical or disruptive manner; (v) acting with intent to annoy, abuse, threaten or harass The Yankee Candle Company, its representatives or any other User in any manner related to the rewards program; (vi) tampering with, altering, or attempting to alter any medium that reflects the amount of Points a User has accrued; or (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate the medium that reflects the amount of Points a User has accrued.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT:
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both the User and The Yankee Candle Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted in connection with the rewards program, or the breach, enforcement, interpretation, or validity of these Official Rules or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent
to The Yankee Candle Company at:
Newell Brands Inc.
6655 Peachtree Dunwoody Rd., NE
Atlanta, GA 30328
Attn: General Counsel; or
to the User at: your last-used billing address or the billing and/or shipping address in your online profile.
Both the User and The Yankee Candle Company agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
ARBITRATION AGREEMENT:
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. The User agrees to give up his/her right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. The User and The Yankee Candle Company expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
Then User may begin an arbitration proceeding by sending a letter requesting arbitration to the The Yankee Candle Company: Newell Brands Inc., 6655 Peachtree Dunwoody Rd., NE, Atlanta, GA 30328, attn: General Counsel. The User agrees that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. The Yankee Candle Company will reimburse those fees for claims totaling less than $10,000. The Yankee Candle Company waives its right to seek attorneys’ fees and costs in arbitration. The User may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
In lieu of arbitration, either the User or The Yankee Candle Company may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS:
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. The User and The Yankee Candle Company agree that each may bring claims against the other in arbitration only in their respective individual capacities and in so doing the User and The Yankee Candle Company hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
ADDITIONAL TERMS:
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or the User’s use of the rewards program ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
LIMITATIONS OF LIABILITY. THE YANKEE CANDLE COMPANY REWARDS PROGRAM AND ALL REWARDS VOUCHERS ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, AND FOR THE PURPOSES OF ADDITIONAL CLARIFICATION CROWDTWIST DOES NOT CONTROL AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE DESIGN, MANUFACTURE OR USE OF ANY REWARDS VOUCHERS. THE YANKEE CANDLE COMPANY IS NOT RESPONSIBLE FOR ANY ASSURANCES, GUARANTEES, REPRESENTATIONS OR WARRANTIES MADE OR IMPLIED BY ANY PARTIES ASSOCIATED WITH OR INVOLVED IN THIS REWARDS PROGRAM, INCLUDING BUT NOT LIMITED TO ANY POINT VALUE VARIATIONS, MERCHANDISERS, MANUFACTURERS, SUPPLIERS OR ADVERTISERS OF ANY REWARDS VOUCHERS OR THEIR TERMS, CONDITIONS OR WARRANTIES RELATING TO SELECTING ANY MERCHANDISE.
PRIVACY:
The Yankee Candle Company, by itself and with its vendors, may and will collect and use information about Users in connection with The Yankee Candle Company rewards program, including but not limited to tracking activity on the website and reporting such information internally for The Yankee Candle Company's and its vendors' business purposes. Users expressly agree to the collection and use of such information pursuant to the terms of the privacy policy located at https://privacy.newellbrands.com/index_en.html.
MISCELLANEOUS:
By participating in The Yankee Candle Company Rewards program, Users affirm that they are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Official Rules, and to abide by and comply with these Official Rules. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. The Yankee Candle Company rewards program is governed, and these Official Rules shall be construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts.
ENTIRE AGREEMENT:
These Official Rules constitute the entire agreement between User and The Yankee Candle Company relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between User and The Yankee Candle Company with respect to such subject matter, except for The Yankee Candle Company Terms & Conditions and Privacy & Security policy, both of which are incorporated herein by reference. These Official Rules may not be changed, waived or modified except by The Yankee Candle Company as provided herein or otherwise by written instrument signed by The Yankee Candle Company. These Official Rules or any right, obligation, or remedy hereunder are not assignable, transferable, delegatable, or sublicensable by a User except with The Yankee Candle Company's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. The Yankee Candle Company may assign, transfer, or delegate these Official Rules or any right or obligation or remedy hereunder in its sole discretion.