Terms & Conditions
BEAUTY INSIDER TERMS & CONDITIONS
Last Updated: January 02, 2019
- Membership & Eligibility
- Earning and Redeeming Program Rewards
- The Rewards Bazaar Offers
- Very Important Beauty Insider (VIB)
- Rouge Reward
- Free Makeup Deluxe: The Full-Face Makeover Offer
- Beauty Classes
- Rouge Tier Celebration Gift
- Rouge Free Shipping Offer
- VIB Tier Celebration Gift
- Beauty Insider Birthday Gifts
- Order Cancellation
- Point Expiration
- Out of Information Sharing with JCPenney
- Communications with Sephora
- Opting Out of Communications with Sephora
- Changes, Termination And/Or Removal From Program
- Limitation of Liability
- Resolving Disputes
- Agreement to Arbitrate Disputes
- Choice of Law/Forum Selection
- Additional Information on the Program
1. Membership & Eligibility
The Beauty Insider Program ("Program") is a free rewards program offered by Sephora USA, Inc. ("Sephora") to its customers located in the U.S. and Canada. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of Sephora and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 13 years or older and a legal resident of the United States or Canada to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.
BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME A BEAUTY INSIDER.
Affiliates of Sephora (e.g. Sephora France) may also have similar customer programs. Membership in the Program does not confer any rights or benefits in the program of any other Sephora affiliate.
You may request a Beauty Insider Card upon enrollment in the Program in store. The Beauty Insider Card is not a credit card, gift card or other prepaid or stored value card. It is a membership card for the Program. Points earned under the Program are not stored on the Beauty Insider Card and you do not need a Beauty Insider Card to shop at Sephora or to accumulate points. Beauty Insider Cards are non-transferable.
2. Earning and Redeeming Program Rewards
There are three tiers of membership in the Program: Insider, VIB and Rouge. All members are automatically Insiders upon enrollment. Achieving VIB or Rouge status requires a minimum spend per year, as explained below.
Under the Program, for every U.S. or Canadian dollar spent (as applicable based on country of purchase) on Sephora merchandise online at www.sephora.com or www.sephora.ca., in Sephora retail stores, in U.S. Sephora inside JCPenney ("SiJCP") retail stores and online at www.jcpenney.com (only on Sephora merchandise and only if you use your registered Beauty Insider email on your order), you will receive 1 Beauty Insider point as an Insider, 1.25 Beauty Insider points with VIB status, or 1.5 Beauty Insider points with Rouge status when you provide or check out with the email address that is registered to your Beauty Insider account. We also offer bonus points events from time to time and in that circumstance the bonus points offer would apply in lieu of these point thresholds. For example, if we had a 3x points offer on a particular product, a Beauty Insider, VIB member and Rouge member would get 3 points for every U.S. or Canadian dollar spent instead of the usual 1 point, 1.25 points or 1.5 points (as applicable).
You must provide your Beauty Insider registered e-mail address or present your Beauty Insider Card to have any points credited to your Beauty Bank.
Any reference to "merchandise" or the value of "merchandise" in these Terms for purposes of collecting points includes all Sephora products sold online, in Sephora retail stores, in U.S. Sephora inside JCPenney retail stores and online at www.jcpenney.com (but only on Sephora products and only if you use your registered Beauty Insider email address for the order). It also includes payment for in-store services like Dry Bar Services and Brow Bar Services. It does not include e-gift cards, gift cards, ticket purchases for special Sephora events, taxes, shipping, a FLASH Shipping subscription or a Play! Subscription.
You can view your current point balance, as well as any point activity in your Beauty Bank. To view your Beauty Bank balance online, simply log in to your online account. Your Beauty Insider page is your destination for everything Beauty Insider related including to view year-to-day activity or current points balance.
To see your "Dollars Saved" from seasonal promotions and offers only at Sephora stores or on www.sephora.com (and your employee discount savings if you are a Sephora employee); to redeem rewards ("Rewards") and gifts and learn about your Beauty Insider benefits. This page can be accessed by logging into your online account at Sephora.com/about-beauty-insider.
Points may be redeemed for Rewards to be determined by Sephora in its sole discretion. Rewards are typically deluxe product samples, product bundles or experiences. Members are eligible to redeem a Reward from the Rewards Bazaar if you have enough points in your account for that specific Reward. The retail value of the Reward does not count toward Sephora's free shipping threshold. Rewards can only be redeemed in store or shipped to addresses in the US or Canada.
Points have no cash value and can only be redeemed for Rewards. Sephora may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash, for another product (unless expressly permitted by Sephora), for gift cards or for e-gift certificates and cannot be used as payment for any in-store services (like our Dry Bar Services or Brow Bar Services available in Sephora stores).
3. The Rewards Bazaar Offers
Sephora may offer Rewards through the Beauty Insider Rewards Bazaar in exchange for a certain number of accrued points ranging from 50 points to 100,000 points from time to time and at its sole discretion. When logged into your Beauty Insider account, you can add Rewards to your online basket from the Rewards Bazaar or during the checkout process. When shopping in store, the Rewards Bazaar is available at the register when you check out.
The Rewards Bazaar offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited and client must be a registered Beauty Insider in order to redeem Rewards Bazaar offers. Beauty Insider members may only redeem one of each Reward per transaction and, cannot redeem more than 10 of any one unique Reward SKU per year. You must have the sufficient number of Beauty Insider points available at time of redemption. Points will be deducted at time of redemption.
Rewards available for redemption in store do not require a merchandise purchase. Rewards valued at 50 points to 749 points and all electronically fulfilled Rewards require a merchandise purchase if redeemed online. Shipped Rewards valued from 750 points up to 100,000 points offered online do not require a merchandise purchase and are provided with free standard shipping. Rewards valued from 750 points to 100,000 points redeemed without a merchandise purchase are not eligible for free samples and cannot be used in conjunction with any other promotion codes or discounts during checkout. Always check the details on a Reward to confirm if it is eligible for free shipping.
Beauty Insider points will be re-credited if a Reward valued from 750 points to 100,000 points is cancelled by Sephora.
Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for points, cash, another product, gift card or e-gift certificate. Sephora is not responsible for lost, stolen or damaged Rewards. Sephora and Sephora brands are not responsible for any taxes incurred by clients or guests. Rewards can only be redeemed in store or shipped to addresses in the US or Canada. Some Rewards may only be available to residents of a particular country (e.g., U.S. only or Canada only). Employees of Sephora, Sephora inside JCPenney and JCPenney are not eligible to redeem any Rewards valued from 750 points to 100,000 points. Rewards are subject to change, alteration, substitution, or termination by Sephora in its sole discretion at any time. See specific Reward offers for any additional terms and conditions.
Rewards can be redeemed online with a purchase of additional merchandise from Sephora or in store without a purchase.
Rewards are available with point redemption on a first-come first-served basis while supplies last and substitutions by Sephora may occur. Quantities of each Reward are limited. If your online order is not completed during the same visit, the Rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem a Reward during checkout. Due to the limited nature of the Rewards, we regret that we are unable to re-ship Rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Sephora customer service via email at email@example.com or visit your local Sephora store. Otherwise, Rewards may not be returned or exchanged.
4. Very Important Beauty Insider (VIB)
Very Important Beauty Insider (VIB) status is conferred on those registered Beauty Insider members who spend a minimum of $350 on merchandise online, in U.S. and Canadian Sephora stores, in Sephora inside JCPenney stores and Sephora merchandise online at www.jcpenney.com (if you use your registered Beauty Insider email address for the purchase) during one calendar year (January 1st -December 31st). Members receive a tier celebration gift when they qualify for VIB status. VIB status is good for the calendar year in which the Beauty Insider member qualifies and the following full calendar year; after that, annual requalification is required. Sephora may, in its sole discretion, alter, limit, or modify the VIB tier rules, regulations, benefits, eligibility for membership, or any other feature of the VIB tier or may terminate the VIB tier at any time in its sole discretion, without prior notice.
As part of the tier benefits, VIB members receive 1.25 Beauty Insider points for every U.S. or Canadian dollar spent (as applicable based on country of purchase) on merchandise and have access to exclusive Rewards such as full-size products (limited quantities, while supplies last).
Rouge status is conferred on those registered Beauty Insider members who spend a minimum of $1,000 on merchandise online, in U.S. and Canadian stores, in Sephora inside JCPenney stores and Sephora merchandise online at www.jcpenney.com (if you use your registered Beauty Insider email address for the purchase) during one calendar year (January 1st - December 31st). Members receive a tier celebration gift when they qualify for Rouge status. Rouge status is good for the calendar year in which the Beauty Insider member qualifies and the following full calendar year; after that, annual requalification is required. Sephora may, in its sole discretion, alter, limit, or modify the Rouge tier rules, regulations, benefits, eligibility for membership, or any other feature of the Rouge tier or may terminate the Rouge tier at any time in its sole discretion, without prior notice.
As part of the program benefits, Rouge members receive 1.50 Beauty Insider points for every U.S. or Canadian dollar spent (as applicable based on country of purchase) on merchandise and have access to exclusive Rewards such as full-size products as well as the $100 Rouge Reward (limited quantities, while supplies last). Rouge members also have a dedicated private hotline.
6. Rouge Reward
A Rouge Reward is a $100 Reward that is available to Rouge members in exchange for redemption of 2,500 Beauty Insider points, while supplies last. (The $100 is either U.S. Dollars or Canadian Dollars depending on the country of redemption; no exchange rate is applied.) A Rouge Reward may then be used online or in Sephora stores in the U.S. (excluding Puerto Rico and Sephora Inside JCPenney stores) and Canada for the purchase of merchandise only.
After points are redeemed for a Rouge Reward in the Rewards Bazaar, you will receive a confirmation email within 24 hours that will provide a link to generate a code and instructions on how to use the code to purchase merchandise. The code, once received via the link, is immediately available for use. If you have not received your confirmation email within 48 hours, please contact customer service at firstname.lastname@example.org or call 1-877-SEPHORA. The code can be viewed multiple times from the same confirmation email, but the code will expire after 90 days from the date of the email. International deliveries are not permitted on a Rouge Reward purchase and the Rouge Reward cannot be combined with any other promotional offer. For any merchandise purchase, enter the code in the promo code field during online checkout or, if shopping in store, reference the code (via the email link) during checkout and provide the code to a cast member at checkout). Only one Rouge Reward can be used per transaction, the full $100 amount must be redeemed (for purchases of less than $100, any remaining value will be forfeited), and the Rouge Reward must be used within 90 days after the date of the confirmation email containing the link allowing you to view the code. Points are not refunded if the Rouge Reward is not used within those 90 days. A Rouge Reward may not be redeemed at Sephora inside JCPenney stores or at jcpenney.com. Employees of Sephora, Sephora inside JCPenney and JCPenney are not eligible for Rouge Rewards.
If an item from your order purchased with a Rouge Reward gets cancelled by Sephora, you will receive an online merchandise credit for the pro-rated value of the Rouge Reward. If your entire online order purchased with a Rouge Reward is cancelled by Sephora, you will receive an online merchandise credit in the original value of the Rouge Reward. If you voluntarily choose to cancel your order (in whole or in part), you will not be issued an online merchandise credit.
Items purchased with a Rouge Reward cannot be returned to Sephora stores, Sephora.com or Sephora inside JCPenney. Unused and unopened items can be exchanged in Sephora stores only for the exact same item (for example, if the item was damaged).
A Rouge Reward is not transferable and may not be sold, transferred or assigned to anyone else. Attempts to transfer the code may invalidate the Rouge Reward. You can always use your Rouge Reward to purchase merchandise as a gift for someone else.
7. Free Makeup Deluxe: The Full-Face Makeover Offer
All Beauty Insider members receive free Makeup Deluxe: The Full-Face Makeover when you spend $50 or more. Rouge members receive free Makeup Deluxe: The Full-Face Makeover with no minimum purchase for the remainder of 2019. In all cases, an appointment is required and is subject to store availability and scheduling. Offer has no value and is not redeemable for merchandise. Offer is non-transferable. Offer is non-transferable and non-shareable. Offer subject to change, alteration, or termination by Sephora in its sole discretion at any time.
8. Beauty Classes
All Beauty Insider members can enroll in Sephora's Beauty Classes for free. Available in U.S. Sephora stores only; does not include Sephora inside JCPenney or Canada stores. Must be 13 years or older.
9. Rouge Tier Celebration Gift
New Rouge members, and Rouge members who requalify for Rouge, are eligible to choose from three tier celebration gift options: 750 bonus points, FLASH shipping or up to 4 Makeup Deluxe: The Full-Face Makeover to share.
The 750 bonus points tier celebration gift has no cash value and can only be redeemed for Rewards. Points are never redeemable for cash, for gift cards or for e-gift certificates and cannot be used as payment for any in-store services (like our Dry Bar Services or Brow Bar Services available in Sephora stores).
The unlimited, free 2-day FLASH Shipping tier celebration gift is applicable for the year in which the Beauty Inside member qualifies for Rouge and the following full calendar year; after that, annual requalification and selection of this tier celebration gift are required to maintain the benefit. It is subject to FLASH terms and conditions (other than those relating to payment or renewal) (www.sephora.com/flash). Client must check out with a valid Rouge account to receive FLASH shipping option. No minimum purchase is required. FLASH shipping is only available in the contiguous U.S. It excludes Canada, Alaska, Hawaii, Puerto Rico, P.O. Boxes, APO/FPO addresses.
The four (4) 60-minute Makeup Deluxe: The Full-Face Makeover sessions tier celebration gift has no minimum purchase requirement. Makeup Deluxe: The Full-Face Makeover only valid at U.S. Sephora stores and for U.S. residents only. Travel not included. Advance appointment required, subject to store availability and scheduling. Must present reward certificate at start of service. Reward certificate may be shared but may not be resold and has no cash value.
The Rouge tier celebration gift is redeemable online in the U.S. and Canada with any merchandise purchase. Tier celebration gifts are not redeemable at Sephora inside JCPenney stores or on jcpenney.com. Tier celebration gifts are not valid on jcpenney.com. Limit one gift per person, per year. Offer is non-transferable. Substitutions may occur. Offer subject to change, alteration, or termination by Sephora in its sole discretion at any time.
10. Rouge Free Shipping Offer
Rouge members will receive free standard shipping on all online purchases in the U.S. and Canada. Offer not valid on international shipping or on jcpenney.com. Client must check out with valid Rouge account to receive free shipping option. Not valid for cash or cash equivalent. No adjustments on previous purchases. Offer is non-transferable. Offer subject to change, alteration, or termination by Sephora in its sole discretion at any time.
11. VIB Tier Celebration Gift
New VIB members, and VIB members who requalify for VIB, are eligible to choose from three tier celebration gift options: 500 bonus points, free standard shipping with a $35 minimum purchase or 2 Makeup Deluxe: The Full-Face Makeover to share.
The 500 bonus points tier celebration gift has no cash value and can only be redeemed for Rewards. Points are never redeemable for cash, for gift cards or for e-gift certificates and cannot be used as payment for any in-store services (like our Dry Bar Services or Brow Bar Services available in Sephora stores).
The free standard shipping tier celebration gift has no cash value and is available on all online purchases in the U.S. and Canada over $35. Offer not valid on international shipping or on jcpenney.com. Client must check out with valid VIB account to receive free shipping option. No adjustments on shipping charged on previous purchases. Offer is non-transferable.
The two (2) 60-minute Makeup Deluxe: The Full-Face Makeover sessions tier celebration gift has no minimum purchase requirement. Makeup Deluxe: The Full-Face Makeover only valid at U.S. Sephora stores and for U.S. residents only. Travel not included. Advance appointment required, subject to store availability and scheduling. Must present reward certificate at start of service. Reward certificate may be shared but may not be resold and has no cash value.
The VIB tier celebration gift is redeemable online in the U.S. and Canada with any merchandise purchase. Tier celebration gifts are not redeemable at Sephora inside JCPenney stores or on jcpenney.com. Tier celebration gifts are not valid on jcpenney.com. Limit one gift per person, per year. Offer is non-transferable. Substitutions may occur. Offer subject to change, alteration, or termination by Sephora in its sole discretion at any time.
12. Beauty Insider Birthday Gifts
All Beauty Insider members are eligible to redeem one Birthday Gift per year during the month of their birthday. To view the different Birthday Gift options for your Beauty Insider status, please visit the Beauty Insider benefits page . Birthday Gift options vary by status and may vary between the U.S. and Canada. VIB and Rouge members are eligible to choose either a Birthday Gift, or 250 points. To redeem in Sephora or Sephora inside JCPenney stores, provide a Cast Member with your registered Beauty Insider email address. No purchase is necessary when redeeming your gift in store. To redeem online, a merchandise purchase is required and the gift will be available at checkout. Offer not valid on jcpenney.com. Contact customer service at email@example.com or 1-877-SEPHORA for support in redeeming your Birthday Gift. Substitutions may occur. Valid while supplies last. The Birthday Gift offer is subject to change, alteration, or termination by Sephora at its sole discretion at any time.
13. Order Cancellation
Beauty Insider Rewards less than 750 points are shipped with merchandise orders. If the item that is cancelled from your order drops your points balance below the required points to redeem the reward, you will still receive the reward as long as other merchandise is being shipped. Points will be deducted from your account for the reward. It is possible your account could have a negative balance if you do not have enough points in your account because of the item cancellation. If your entire order is cancelled, any Beauty Insider Reward less than 750 points will not ship because a merchandise purchase is required.
Samples, Sample Bags and all other promotional items are shipped with merchandise orders only. If part of your order is cancelled, the Samples, Sample Bag and/or other promotional items in your order will ship with the rest of your merchandise order. If your entire order is cancelled, the Samples, Sample Bag and other promotional items will not ship because a merchandise purchase is required.
14. Point Expiration
It's our hope that you redeem your points on a regular basis. All unredeemed points shall expire when a program member has not engaged in point activity associated with that membership account (through purchase or redemption) for 18 months or more. If you have questions regarding the date of your last point activity or your last purchase, you may email Customer Service at firstname.lastname@example.org call 1-877-SEPHORA for more information.
In addition, points will automatically expire if your Membership is revoked or otherwise cancelled for reasons further detailed in Section 18.
16. Opting Out of Information Sharing with JCPenney
If you do not wish to have the SiJCP Information made available to JCPenney, you should register for the Program at www.sephora.com or at any Sephora retail store, but not at a SiJCP store, and you should not exercise your Membership privileges at a SiJCP store.
17. Communications with Sephora
By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Sephora. By signing up to join the Program, you will automatically be subscribed to receive Program emails.
18. Opting Out of Communications with Sephora
If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.sephora.com or www.sephora.ca or by emailing Customer Service at email@example.com or by calling 1-877-SEPHORA. If you use your Membership at a SiJCP store and your client profile indicates that you have not unsubscribed from receipt of advertising, marketing materials and other communications from Sephora, JCPenney may help Sephora send those communications.
19. Changes, Termination And/Or Removal From Program
Sephora may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Sephora website. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Sephora reserves the right to exclude individuals from the Program or remove points from a member's Beauty Bank in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by Sephora), failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of Sephora not otherwise protected by law may subject members to Membership revocation or deduction of points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. Sephora reserves the right to make changes to its Web site and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SEPHORA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON SEPHORA'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM SEPHORA AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 1999-2018 Sephora USA, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Sephora and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Sephora or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Sephora is strictly prohibited.
Sephora.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Sephora and may not be used in connection with any product or service that is not offered by Sephora in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sephora. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
23. Resolving Disputes
If a dispute should arise between you and Sephora, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's satisfaction by using our customer service, reachable by emailing Customer Service at firstname.lastname@example.org or by calling 1-877-SEPHORA.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute..
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND SEPHORA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
24. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Sephora agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Sephora's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Sephora may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Sephora must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Sephora will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Sephora will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Sephora, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Program terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Sephora.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Sephora in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SEPHORA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Sephora at email@example.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Program terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Program.
25. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California. This provision does not apply to residents of New Jersey.
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Sephora, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
27. Additional Information on the Program
If you have any questions regarding the Program, you may email Customer Service at firstname.lastname@example.org or call 1-877-SEPHORA.