LUCKY BRAND REWARDS TERMS AND CONDITIONS
Last Revised August 10, 2020
NOTICE: The Lucky Brand Rewards Program will end on September 4, 2020.
PLEASE READ THESE LUCKY BRAND REWARDS TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE LUCKY BRAND REWARDS PROGRAM (“REWARDS PROGRAM”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR PARTICIPATE IN THE REWARDS PROGRAM.
General Information; Definitions:
The Lucky Brand Rewards Program is offered by Lucky Brand Dungarees, LLC and its affiliates (collectively, “Lucky Brand” “we”, or “us”), which is solely responsible for the Rewards Program’s operation. By participating in the Rewards Program, you agree to the following Terms and Conditions, as they may be changed from time to time. The Rewards Program is a free customer loyalty program that allows participants of the Rewards Program (each a “Rewards Member”) to earn points under the Rewards Program (“Rewards Points”) in connection with qualifying purchases at Lucky ¬Brand specialty and outlet store locations in the U.S. (“Lucky Brand Stores”) and qualifying products online at www.luckybrand.com (“Website” or “Online”), and other benefits as set forth herein. Rewards Points earned will determine your Rewards Program Tier (“Tier”) status and thus the benefits earned with the Rewards Program. Tier status is based on certain thresholds as outlined below in Section 6.
The Lucky Brand Rewards Credit Card (“Rewards Credit Card”) is administered by Comenity Capital Bank. All holders of Lucky Brand Rewards Credit Card accounts (each a “Credit Cardholder”) agree to the terms of a separate Lucky Brand Rewards Credit Card Agreement with Comenity Capital Bank ("Agreement"), which governs the use of the Rewards Credit Card. While the Rewards Program may be related to your Agreement, these Terms and Conditions are separate and independent from your Agreement. In the event of any conflict between these Terms and Conditions and your Agreement, these Terms and Conditions will control in any matter relating to the Rewards Program. Credit Cardholders will enjoy additional benefits as members of the Rewards Program.
Lucky Brand may, at its sole discretion, change the Rewards Program and these Terms and Conditions in accordance with applicable law, including any applicable notice requirements. Any and all offers and benefits related to the Rewards Program are subject to change. Lucky Brand reserves the right to terminate the Rewards Program or change these Terms and Conditions in whole or in part, at any time, as specified in section 11 below. Communications about the Rewards Program, including changes to the Rewards Program, will be posted to https://www.luckybrand.com/rewards-terms.
The Rewards Program is open to residents of the fifty (50) United States, Puerto Rico, and Washington D.C. who are at least eighteen (18) years of age or older, and who satisfy all other requirements contained herein. Void in other United States Territories and where prohibited or restricted by law. Rewards Program membership is limited to individual Rewards Program membership only, and each participating individual may only have one (1) Rewards Account (defined below). Current Lucky Brand employees and contractors, and their immediate family members living in the same household, are eligible to participate in the Rewards Program, however, Rewards Program benefits and offers are not combinable with the Lucky Brand employee discount, unless expressly stated otherwise.
Enrolling in the Rewards Program
You can enroll in the Rewards Program for free either Online or in Lucky Brand Stores when you log in to your existing Lucky Brand customer account using your email address and unique password (“Lucky Brand Account”) (when available), and opt in to enroll in the Rewards Program. Individuals who open a Rewards Credit Card account will be automatically enrolled in the Rewards Program, unless they are existing Rewards Members then their existing Rewards Accounts will be linked to their Rewards Credit Card account. In order to enroll, you must provide the following personal information: 1) first and last name; 2) an active and valid email address (unless enrolled automatically as a Credit Cardholder); (3) address; and (4) password. Providing a phone number and your birthdate is optional. Member must provide enrollment information accurately and completely. Lucky Brand reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Customers who have existing Lucky Brand Accounts will be automatically enrolled in the Rewards Program. If you are automatically enrolled, you must still agree to these Terms and Conditions in order to complete your enrollment and participate in the Rewards Program. If you do not agree to these Terms and Conditions, you cannot participate in the Rewards Program. All Rewards Members (including auto-enrolled existing customers) may opt-out of the Rewards Program at any time by contacting Lucky Brand Customer Service via email, live chat, or by calling 866-909-3502. All Credit Cardholders will enjoy additional benefits as Rewards Members. New and existing Rewards Members may apply for a Rewards Credit Card.
Once you are enrolled in the Rewards Program and have accepted these Terms and Conditions, you can view and manage your Rewards Program account (“Rewards Account”) by logging into your Lucky Brand Account Online. Lucky Brand reserves the right to refuse Rewards Membership to any individual who does not provide accurate and complete enrollment information. Rewards Members are responsible for keeping the personal information associated with their corresponding Rewards Account current. Lucky Brand assumes no responsibility for errors caused by incorrect Rewards Member information.
Upon enrolling in the Rewards Program, Rewards Members will earn Rewards Points by making a purchase of qualifying products (after any applicable discounts, including the extra 5% discount for Rewards Credit Cardholders, but before taxes and shipping charges have been applied), minus any returns, refunds or credit adjustments and rounded to the nearest dollar, at Lucky Brand Stores or Online at luckybrand.com (“Net Qualifying Purchase”). Products deemed qualifying products are in the sole discretion of Lucky Brand and are subject to the exclusions set forth below. Your name, email address, phone number, and/or a combination thereof, associated with your Rewards Account will be your unique access to receive benefits and/or Rewards Points and must be provided to the store associate during check-out, or by placing Online orders in the Lucky Brand Account that is associated with your Rewards Point Account. Authorized users on Rewards Credit Card Accounts are able to earn Rewards Points towards their own Rewards Account or towards the primary Rewards Credit Cardholder’s Rewards Account as long as they provide the name, email address, phone number, and/or a combination thereof associated with the Rewards Account at check-out, or by placing Online orders in the Lucky Brand Account associated with the Rewards Account. Rewards Members can see and manage their Rewards Points by logging onto their Account at https://www.luckybrand.com/rewards.
Rewards Members will earn one (1) Rewards Point for every one U.S. dollar ($1) spent on Net Qualifying Purchases (subject to the exclusion below). Rewards Credit Cardholders will receive two (2) Rewards Points for every one U.S. dollar ($1) spent on Net Qualifying Purchases using the Rewards Credit Card account. As a Rewards Member, you may earn Rewards Points by paying for Net Qualifying Purchases with or without a Rewards Credit Card, however, the additional benefits set forth herein for Credit Cardholders shall only apply for new purchases made on your Rewards Credit Card account so long as your Rewards Credit Card account is in Good Standing. “Good Standing” means (1) your Rewards Credit Card account is open to new charges and not over your credit limit, (2) your Rewards Credit Card account is not more than 60 days past due or otherwise in default, (3) your Rewards Credit Card is not flagged as lost, stolen, or fraudulent according to the Comenity Capital Bank’s records, (4) your Rewards Credit Card account is not in a Hardship/Workout Program with the Bank, and (5) you are not subject to a credit counseling arrangement relating to your Rewards Credit Card account. These Rewards Points will count towards your Tier status and cannot be redeemed. Your Rewards Points balance will be updated daily and is shown on your Rewards Account. We have the right to deduct Rewards Points from your Rewards Points balance for charges that were not or do not remain Net Qualifying Purchases. Rewards Points will expire at the end of each Rewards Year (defined below) and the Rewards Points balance in your Rewards Account will reset to zero on February 1. See Section 6 for specific Rewards Points information.
Exclusions.The following products, items, charges, and purchases are excluded as qualifying products and/or Net Qualifying Purchases: gift cards; gift certificates; returned items; purchases from Lucky Brand wholesale partners; previous purchases; shipping and handling charges; and all taxes, including without limitation, federal, state, and local taxes or use taxes. Rewards Points will be earned only on the actual price of an item at the time of purchase, and not on any other original, previous, suggested retail, or manufacturer's suggested price.
Rewards Points earned pursuant to a Net Qualifying Purchase that correspond to a subsequent return, refund, returned check due to non-sufficient funds, or other credit will be deducted from your Rewards Account in an amount equal to the Rewards Points earned for the original transaction, including bonus points (if any). Making a return in the same transaction as your purchase may result in earning fewer Rewards Points because Rewards Points are calculated off of your Net Qualifying Purchase (in this case, your purchase minus return). Returns must be made in accordance with Lucky Brand’s Return Policy (“Return Policy”) located at www.luckybrand.com/return-policy/return-policy.html. In the event of any conflicts between the Return Policy and these Terms and Conditions, these Terms and Conditions will control, unless otherwise specified.
Rewards Program Tiers
The Rewards Program offers different benefits based on different Rewards Points levels (“Tiers”). The Rewards Program consists of three (3) Tiers, as determined by the number of Rewards Points that you accumulate in your Rewards Account annually, beginning February 1 and ending January 31 (“Rewards Year”), following your initial Tier placement. The benefits that are available to you through the Rewards Program are based on your Tier status and on the number of Rewards Points that you earn by making Net Qualifying Purchases. Annual Tier assignments will occur in February of each year. Rewards Members’ Tier status as of January 31 lasts from the date you reach a specific Tier until the last day of the full Rewards Year. For example, if you reach the Lucky Gold Tier in November of 2018 and as of January 31, 2019 you still qualify for Gold Tier status, you would keep your Lucky Gold Tier status until 11:59PM PT on January 31, 2020. After that, annual requalification is required. Rewards Members will be upgraded during the Rewards Year if their Rewards Point balance exceeds their Tier thresholds. Rewards Members should allow up to fifteen (15) days for Net Qualifying Purchases to process before Rewards Member is placed in a different Tier. Once you reach the level of Rewards Points to move to a new Tier, or have failed to maintain enough points to remain at Lucky Gold or Lucky Platinum, Lucky Brand will send you a notice of your change in Tier status. To receive notice of Tier status changes, you must be opted in to receive marketing communications from Lucky Brand. See Section 7 and luckybrand.com/rewards for specific benefit details.
Lucky Brand customers who enroll in the Rewards Program are enrolled in Tier 1 as a Lucky Silver Rewards Member and will be eligible to start receiving Rewards Points and other benefits as set forth herein. Existing customers who are automatically enrolled at program launch will be placed in the appropriate Tier based on their Net Qualifying Purchases made between February 1, 2018 and July 15, 2018. Their Tier status will remain in effect until February 1, 2019, when it will be reset based on their 2018 spend. Existing Rewards Members who apply and are approved for a Rewards Credit Card will retain their current Tier status and Rewards Point balance as of the date they create a Rewards Credit Card account.
Tier 1 - Lucky Silver
Lucky Silver Rewards Member Benefits.An annual birthday surprise, free standard shipping for Online purchases ($50 or more), and exclusive early access and special offers.
Tier 2 - Lucky Gold
Becoming a Lucky Gold Rewards Member.Rewards Members who earn 350-699 Rewards Points will become a Lucky Gold Rewards Member.
Lucky Gold Rewards Member Benefits.Lucky Gold Rewards Members enjoy additional benefits and promotional offers such as: an annual birthday surprise for Gold Rewards Members only, free standard shipping for Online purchases (no minimum purchase), and additional special offers and exclusive early access. Lucky Gold Rewards Member benefits and promotions are subject to the terms and conditions of the specific offers.
Tier 3 - Lucky Platinum
Becoming a Lucky Platinum Rewards Member.Rewards Members who earn 700 or more Rewards Points will become a Lucky Platinum Rewards Member.
Lucky Platinum Rewards Member Benefits. Lucky Platinum Rewards Members enjoy additional benefits and promotional offers such as: an annual birthday surprise for Platinum Rewards Members only, free expedited (2-day) shipping for Online purchases (no minimum purchase), free returns for Online purchases, and additional special offers. All Lucky Platinum Rewards Member benefits and promotions are subject to the terms and conditions of the specific offers.
Additional Rewards Benefits for Lucky Brand Rewards Credit Cardholders
Rewards Members who are Credit Cardholders will enjoy additional benefits. These additional benefits include: Welcome Offer (see offer for details) and an additional five percent (5%) purchase discount off every eligible purchase made using the Rewards Credit Card (details below). These additional benefits are in addition to the Rewards benefits set forth above and Credit Cardholders’ account must be in Good Standing to enjoy these additional benefits. Rewards Credit Cardholders will enjoy these additional benefits regardless of which Tier they are placed in.
Rewards Program Benefits Details
Each Tier offers different benefits, some of which are detailed below. These benefits are offered at the sole discretion of Lucky Brand. Benefits may be added to, or removed from, the Rewards Program at any time without notice.
Birthday Surprise – You must have a valid birthday and U.S. email address on file with your Rewards Account and be opted in to receive marketing communications from Lucky Brand via email in order to receive the Birthday Surprise. Members can opt in to receive marketing communications from Lucky Brand at the time of enrollment both in Stores and Online, or by managing their preferences Online by logging into their Lucky Brand Account. Rewards Account must show purchase activity within the last twelve (12) months. A Rewards Account opened on your birthday month or the previous month will receive the birthday benefit during your birthday month the following calendar year. The Birthday Surprise depends on your Tier status. If the total purchase amount is less than the value of the Birthday Surprise, the remaining value of the Birthday Surprise will be forfeited. For Credit Cardholders, if the total purchase amount exceeds the value of the Birthday Surprise, the balance must be charged to your Rewards Credit Card. Instructions on redemption will be provided in a separate email. Valid for one-time use only and transferable. Additional terms and conditions may apply.
Promotional Offers – Lucky Brand may, from time to time, post certain promotional offers to your Rewards Account. Promotional offers will be subject to the terms and conditions of each respective promotional offer, including, without limitation, minimum qualifying purchase requirements and applicable expiration dates.
Bonus Points – Lucky Brand may offer certain bonus point promotions (“Bonus Point Promotions”) under which Rewards Members can earn additional or bonus points in connection with Net Qualifying Purchases or in connection with other specially designated limited time promotions. Bonus Point Promotions are subject to the terms and conditions of the corresponding offer and may be offered at any time in Lucky Brand’s sole discretion. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, bonus point limits, or exclusions. You may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Your Net Qualifying Purchases must be completed during the special offer period in order for you to earn the applicable additional or bonus points.
Free Shipping – Lucky Silver Rewards Members will receive Free Standard Shipping for their Online order of $50 or more. Lucky Gold Rewards Members will receive Free Standard Shipping for their Online order (no minimum purchase required). Lucky Platinum Members will receive Free Expedited (2-Day) Shipping for their Online order (no minimum purchase required). Free Shipping only applies to orders shipped to a single address within the contiguous U.S. and Washington D.C. (excludes Puerto Rico). Additional charges may apply for all other shipping options and destinations. Orders must be placed in the Lucky Brand Account that is associated with your Rewards Program Account. Free Shipping does not apply to international orders. Offer cannot be applied to previous purchases and cannot be redeemed for cash. Free shipping status is dependent upon your Tier status and will be automatically applied at checkout. See www.luckybrand.com for full shipping details. Terms of offer are subject to change.
Free Returns Offer – Lucky Platinum Rewards Members will receive free returns for their Online orders ($8 value). Return requests must be made in accordance with Lucky Brand’s Return Policy. A prepaid return label provided by Lucky Brand must be used to return items by mail. Shipments must be sent from the contiguous U.S. and Washington D.C. (excludes Puerto Rico).
Exclusive Early Access and Special Offers - In order to receive notice of Exclusive Early Access and Special Offers, you must be opted in to receive marketing communications via email and regular mail. Exclusive Early Access and Special Offers are not predetermined and are developed throughout the year at Lucky Brand’s sole discretion. Complete details will be sent to eligible Rewards Members. You remain eligible to participate in this benefit as long as you remain an active Lucky Brand Rewards Member. This benefit has no cash value and is non-transferable. The Exclusive Early Access and Special Offers you receive are dependent upon your Tier status. Other terms and limitations may apply and will be provided via email or direct mail.
5% Off Every Subsequent Purchase or Donate 5% to Lucky Cause – As a Credit Cardholder you will receive an extra five percent (5%) off each subsequent purchase made using the Rewards Credit Card, or you can elect to donate the extra five percent (5%) discount to qualified nonprofit organizations selected by Lucky Brand in its sole discretion (each, a “Lucky Cause”). Combinable with other offers, except the Lucky Brand employee offer, Welcome Offers, and other offers that expressly state otherwise. The discount will be applied after all other applicable discounts, offers and coupons. Discount cannot be used for shipping, fees or taxes or gift cards. Each purchase is subject to credit approval and discount may not be applied to prior purchases. Members can elect to donate an amount equal to five percent (5%) of the total purchase price (after all applicable discounts, offers and coupons, but before taxes, shipping, and fees) either Online or in Lucky Brand Stores to a Lucky Cause. The offer is void where prohibited by law. Donations will be made by Lucky Brand and is not tax deductible by you. Learn more about the nonprofits we support at www.luckybrand.com. See store associate or www.luckybrand.com/rewards for additional details.
From time to time, we may also send you information about additional benefits. Some benefits may have restrictions associated with them, require a purchase, have limited availability or may be subject to other restrictions.
Opting Out of Communications
By enrolling in the Rewards Program or opening a Lucky Brand Rewards Credit Card account, you agree to receive Lucky Brand Rewards and Lucky Brand offers, promotions, and other commercial messages. By signing up to join the Rewards Program, you will automatically be subscribed to receive Rewards Program emails, direct mail and/or other communications from Lucky Brand, unless you expressly state otherwise.
You may opt out of receiving marketing and promotional communications from Lucky Brand by logging into your Lucky Brand Account and updating your preferences, or by contacting Lucky Brand Customer Service. Please note that if you opt out of receiving marketing and promotional communications, you will not receive certain Rewards Program benefits and Lucky Brand may continue to send you non-marketing or non-personal emails such as those about your Lucky Brand Account and Rewards Account.
Changes to Rewards Member Information and Account Cancellation
Rewards Members must keep their personal information on their Rewards Account up-to-date by visiting any Lucky Brand Store or by accessing their Rewards Account Online by logging into their Lucky Brand Account. Registered users of the Website must provide their username and password when logging on the Website. If you are a Rewards Member but are not a registered user of the Website, you may create a Lucky Brand Account and become a registered user of the Website by selecting the "Sign In" link in the header of the luckybrand.com homepage, then clicking "Create Account" and proceeding through the associated registration screens. Once you are a registered user of the Website and you have inputted your Rewards Member information per the screen prompts, the "My Account" link will allow maintenance of both site registration and Rewards Program associated information. Lucky Brand may also obtain change of address updates from other sources such as the U.S. Postal Service, but is not obligated to do so.
You may cancel your Rewards Membership and participation in the Rewards Program at any time by contacting Lucky Brand Customer Service at 866-909-3502. Once you have opted out of the Rewards Program, you may not earn additional Rewards Points and all benefits and Rewards Points earned on the end date will be forfeited at that time.
Data Privacy and Third Party Disclosures
Changes, Termination and/or Removal from the Rewards Program
Subject to any notice requirements and other limitations imposed by applicable law, we may, at any time: (a) change, limit, or terminate any aspect of the Rewards Program or these Terms and Conditions, including the types of benefits available; (b) terminate the Rewards Program in its entirety; (c) amend these Terms and Conditions in whole or in part, including adding provisions covering subjects not previously addressed; (d) discontinue or replace any Rewards Program benefits you may be entitled to with similar benefits or benefits of lesser, equal or greater value; or (e) terminate your participation in the Rewards Program for any reason. Changes may apply retroactively and may affect outstanding transactions and Rewards Points, and may include, without limitation, the earnings rate for Rewards Points, the number of Rewards Points required to reach specified Tiers, the type of transactions qualifying for Rewards Points, and the type or value of Rewards Points and benefits. Any of the foregoing actions may be taken even if such actions affect Rewards Points already earned. If Lucky Brand ends the Rewards Program, all benefits and Rewards Points earned will be forfeited at that time. It is your responsibility to check or review these Terms and Conditions from time to time to keep informed of any changes.
Any fraud, abuse of the Rewards Program privileges, failure to comply with these Terms and Conditions or a violation of any law, statue or government regulation may subject Rewards Members to membership revocation and may affect eligibility for further participation in the Rewards Program. If your Rewards Program membership is revoked or otherwise cancelled, any points in your Rewards Account will be forfeited. The interpretation and application of these Terms and Conditions are at the sole discretion and determination of Lucky Brand.
Your Rewards Points balance, as reflected in Lucky Brand’s records, shall be deemed correct. Lucky Brand reserves the right to determine the amount of Rewards Points in your Rewards Account based on Lucky Brand’s internal records related to your Rewards Account. If Rewards Points you believe were earned have not timely posted to your Rewards Points balance, you may dispute your Rewards Points balance (“Points Dispute”) by contacting Lucky Brand Customer Service via email at email@example.com, live chat, or by calling 866-909-3502.
Rewards Credit Cardholders, please note that the dispute rights with respect to your Rewards Credit Card account under the Agreement do not apply to these Terms and Conditions or to your rights and remedies under these Terms and Conditions, which are solely as set forth herein. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Rewards Points to your Rewards Points balance. Moreover, all disputes related to the Rewards Program are subject to the Jury Trial Waiver and Arbitration Provision in your Agreement.
Rewards Members are responsible for any federal, state or local tax liability related to their participation in and/or purchase of any of the benefits associated with the Rewards Program. Rewards Program membership is personal and may not be sold, transferred or assigned to, or shared with family, friends or others, or be used for commercial purposes. Rewards Members cannot combine benefits with the benefits accrued by another Rewards Member. Rewards Points and benefits have no cash value. Lucky Brand is not responsible for lost or stolen Rewards Points, for any unauthorized access of your Rewards Account or any unauthorized use of a benefit or promotional offer in your Rewards Account. Benefits and offers are not “gift certificates” and are not intended for gift-giving purposes. Rewards Points and benefits have no cash value and are purely promotional. These Terms and Conditions make up the entire agreement between us relating to the Rewards Program, and replace any prior understandings or agreements (whether oral or written) regarding the Rewards Program.
Governing Law/Forum Selection
These Terms and Conditions will be governed by the laws of the state of California, without regard to any conflict of law provisions. If any part of these Terms and Conditions is found to be void or unenforceable under applicable law, all other parts of the Terms and Conditions shall apply. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS ARISING FROM OR RELATING TO THESE TERMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. “Claim,” as used in these Terms means any claim, dispute or controversy that in any way arises from or relates to these Terms.
Limitation of Liability
Unless otherwise required by law or our agreements with you, neither us nor any of our affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Rewards Program; (b) any claim relating to products purchased using any Rewards Program offers and discounts or obtained through the Rewards Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Rewards Points. NOTWITHSTANDING THE FOREGOING, ANY LIABILITY THAT WE OR THEY MAY HAVE TO YOU IN CONNECTION WITH THE REWARDS PROGRAM SHALL BE LIMITED TO THE AMOUNT OF ANY REWARDS POINTS YOU HAVE EARNED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.