TERMS AND CONDITIONS FOR THE DEAR JOHN COMMUNITY REWARDS PROGRAM
Last Updated: 04/18/2022
PROGRAM COMMUNICATIONS
Participant/Member is defined as any customer with an account at the Dear John Denim website.
Company will also use these channels to communicate Participant/Member tier status, notify Participant/Member when they are eligible for a benefit or Reward (defined below), communicate Program changes and more.
Unless Participant/Member has requested via email to be opted out of receiving marketing communications, Company may (at its option) communicate with Participants/Members about marketing via mail, email and other channels, including about special Member promotions, offers and more.
If Participant/Member decides at any point in time that they no longer want to be included in the rewards program, Participant/Member must email customerservice@dearjohndenim.com explicitly saying they do not want to be a part of the rewards program.
Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.
MEMBERS' ACCEPTANCE OF TERMS
By participating in the Program, Participant/Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions and the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Participant/Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Participants/Members who have violated any of the Program Terms and Conditions.
MEMBERSHIP ELIGIBILITY
Program is open to U.S. residents at least 18 years of age within the 50 United States and District of Columbia. It is free to join as a Participant/Member (no initial purchase is required to do so). Participants/Membership is limited to individuals only and is limited to one account per individual. No one individual can have multiple accounts otherwise eligibility will be revoked at the discretion of the Company. Participants/Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its discretion.
MEMBERSHIP ENROLLMENT
Individuals can enroll by creating an account at www.dearjohndenim.com. Participant/Member must provide complete and accurate enrollment information. Company reserves the right to refuse participant/membership to any customer who does not follow the enrollment procedures. Company may choose to offer sign-up incentives and enrollment promotions from time to time. Participant/Member should promptly advise Company of any changes to their personal account contact information such as name, address, telephone number(s) and/or e-mail address, by visiting and updating their Participant/Member account.
TIER STATUS
Following initial tier placement, Program tier status is based solely on Participant's/Member’s total spend on Eligible Purchases (which exclude gift card/Rewards) during the preceding calendar year, starting January 1 and ending December 31. Following the conclusion of that qualifying calendar year, Participant/Member tier status will reset. Tier will reset on January 1st of each year. Participants/Members will be upgraded during the benefit year if their qualifying spend exceeds their tier threshold. Members should allow 7 days for purchases to process before Participant/Member is placed into a different loyalty tier. For more on Program tiers, see https://dearjohndenim.com/pages/rewards-program.
EARNING POINTS
Participants/Members will receive rewards points (“Points”) on their Participant/Member account through Eligible Purchases (defined below) and participation in other special programs and promotional offers that may be announced by Company. Additional terms, requirements and details for earning Points follow.
Referrer and person being referred cannot be from same IP address.
See shipping policy.
Eligible Purchases:
Purchases of merchandise and/or services (after promotional offers have been applied, before taxes and shipping charges have been applied and minus returns, refunds or credit adjustments, rounded to the nearest dollar) made online at the Website and shipping to the continental U.S. (“Eligible Purchases”) count toward Participant's/Member’s Point accrual and tier status.
• Unless otherwise stated by Company in a promotional offer, Participants/Members will receive one Point for each one dollar ($1 USD) of Eligible Purchases on the Website (in all instances, number of Points earned subject to change; check back here for details).
• Exclusions from Eligible Purchases: Points will not be awarded on unauthorized or fraudulent purchases.
The amount of a purchase made with gift cards, Rewards, and/or free benefits under the program as the method of payment will not be applied to Participant/Member Point accrual or tier earnings.
Points will not be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited.
Additional items may be excluded from Point, tier and Rewards (defined below) accumulation at the sole discretion of Company.
• Email Address: 1 current, valid email address is required for a Participant/Member to be able to participate in and receive Points in connection with the Program(anyone participant/member must not have more than one email for account signup). Participant/Member must notify Company of change of email address by updating Participant/Member account information online.
• Identification at Transaction: Participants/Members must identify themselves with their applicable Participant/Member account email address to receive credit and/or perks and privileges for Eligible Purchases made on the Website. Specifically, Participant/Member must sign into their online account before checkout for online transactions in order to receive spend credit and/or benefits.
• Processing of Points: Points accumulated through Eligible Purchases will be processed and awarded to the Participant's/Member’s account within 7 days after purchase.
• Promotional Offers: Other special programs and promotional offers for earning Points may be made by Company, or its agents from time to time in Company’s discretion. Such offers will also be subject to the terms and conditions specified in the promotional offer.
• Point Balance: Participants/Members may view their Point balance at any time by visiting their Participant/Member account page.
REDEEMING POINTS
Points will accumulate toward rewards, the means by which will be described in these Terms and Conditions and/or related promotional offers.
For Example, Earned Points are converted into promotional redemption rewards dollars (“Rewards”) as follows: 100 points = $10 in Rewards.
Once 100 Points are earned, $10 in Rewards can be redeemed and 100 Points will automatically be deducted from Participant's/Member’s account.
Participant/Member may redeem their Rewards when purchasing items and/or services online at www.dearjohndenim.com by selecting the Rewards box on the website and redeeming their reward.
If Participant/Member elects to redeem their Rewards, the value of the Rewards will be given via a discount code from which will deduct from the total price of the Participant's/Member’s purchase of items from www.dearjohndenim.com.
Points and Rewards will expire as set forth below.
To the extent allowed by applicable law, we may cancel any accumulated Points if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.
EXPIRATION OF POINTS
Points that are not converted to Rewards will expire at the end of the current calendar year on December 31.
EXPIRATION OF REWARDS
Rewards will expire forty-five (45) days after issuance.
RETURNS
Merchandise returns must be made in accordance with Company’s return policy available at https://dearjohndenim.com/pages/return-policy.
Upon the return of an item accepted by Company, the spend amount and Points applied to Participant/Member account for the original purchase will be deducted from that Participant's/Member’s account as the Points are forfeited with the returned merchandise.
COMPANY’S RIGHT TO CHANGE/CANCEL PROGRAM AND/OR TERMS
Company may, at its discretion, alter, limit, or modify the Dear John Community Rewards Program will be referred to as the ‘Program’ structure or any other feature of the Program. Company reserves the right to change or modify the Terms and Conditions or terminate the Program at any time, for any reason, without prior notice.
Company will post any additional Program details and updates to Program (including these Terms and Conditions) here and then update the “Last Updated” date above.
Company may also email you about any such changes. Your continued participation in the Program will confirm your acceptance of such changes.
RIGHT TO REVOKE
Company reserves the right to revoke the participant/membership of any Participant/Member in the Program and/or revoke any or all benefits the Participant/Member may be entitled to, if in the sole opinion of Company, a Participant/Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud.
In the event that Company cancels your participant/membership or terminates the Program for any reason, all Points, Rewards or other benefits earned on your Participant/Member account will be forfeited.
NO TRANSFER
Neither Program benefits nor Participant/Member accounts may be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter.
Doing so will void the Participant/Member account. Program Points, Rewards and/or benefits have no cash value and are not exchangeable for cash.
TAXES
Participant/Member is responsible and liable for any applicable federal, state or local income, sales, use, or other taxes which may result from Participant's/Member's participation in the Program.
INTELLECTUAL PROPERTY
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by Company and may be registered in the United States and internationally.
GOVERNING LAW
These Terms and Conditions, the relationship between you and the Company, and Company’s Dear Johns Community Rewards Program, shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions.
MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS
ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY’S DEAR JOHN COMMUNITY REWARDS PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN ARCADIA, CALIFORNIA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND PARTICIPANT/MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND PARTICIPANT/MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF PARTICIPANT/MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS
LIMITATION ON DAMAGES; OTHER LIMITATIONS
To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential, or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Participants'/Members’ participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages. In New Jersey, this limitation applies only to claims based on breach of warranty.
Company is not responsible for (a) any loss or misdirection of, or delay in receiving, any application, redemption requests, Points, Rewards, or Participant/Member benefits; (b) theft or unauthorized redemption of Points, Rewards, Participant/Member benefits or use of Points, Rewards, or Participant/Member benefits; (c) any acts or omissions of third parties; or (d) any errors made or published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, and errors in the adding, subtracting, crediting, and/or debiting of Points or Rewards to/from Participant/Member accounts.
Company reserves the right to correct (with or without notice) any such errors.
DATA PRIVACY
See https://dearjohndenim.com/pages/privacy-policy for information about Company’s privacy policy.
QUESTIONS
For all questions about the Program or your Member account, please contact us at Tel. 626.450.0525 or customerservice@dearjohndenim.com.
This document was last updated on July 6, 2022.