Effective Date: April 13, 2020
These M∙A∙C Cosmetics Refer-a-Friend Program Terms (the “Terms”) govern your participation in the M∙A∙C Cosmetics Refer-a-Friend Program (the “Program”) offered by M∙A∙C Cosmetics (“M∙A∙C”). Please read them carefully. By participating in the Program you are agreeing to these Terms, the M∙A∙C Cosmetics Terms of Use [www.maccosmetics.ca/terms-conditions] and understand that your personal information will be treated in accordance with the M∙A∙C Cosmetics Privacy Policy [www.maccosmetics.ca/privacy-policy].
This Program is only valid for residents of Canada who have reached the age of majority in their jurisdiction of residence. Individuals who are employed by M∙A∙C Cosmetics or any of its subsidiaries, affiliates or promotional agencies are not eligible to participate in the Program – either as an Advocate or Friend (each as defined below).
Refer-A-Friend Program: To participate in the Program, M∙A∙C Cosmetics customers must visit the M∙A∙C Cosmetics website available at [www.maccosmetica.ca] and follow the on-screen instructions to refer their eligible friends or family members (each, a “Friend”) and obtain a unique referral link (“Referral Link”). The customer must follow one of two methods described under “Referral Process” below to refer their Friends. Once a customer makes a referral he/she becomes an “Advocate”. Advocates must ensure that they only refer Friends with whom the Advocate has a personal or family relationship, and who would want to receive the referral.
Referral Process: An Advocate must either (i) complete the online referral form by entering the e-mail addresses (and, if available, names) of those eligible Friends he/she wants to refer; or (ii) copy his/her Referral Link and share it with his/her Friend(s) by another method, such as text message, social media (Pinterest, WhatsApp, Twitter, Facebook and Messenger) or from a personal email account. Eligible Friends must not be an existing M∙A∙C Cosmetics customer or have an existing active or inactive M∙A∙C Cosmetics account. The Friend will receive an email or a link to instructions that must be followed by the Friend in order for the Friend to sign-up for the Refer-a-Friend Program and receive their reward (“Reward”) which takes the form of a discount on a future eligible purchase at [www.maccosmetics.ca/] or a Canadian MAC Freestanding Stores using the Advocate’s Referral Link within thirty (30) days of receiving the Reward. If the Friend is referred via email, MAC Cosmetics will send an email message to the Friend on behalf of the Advocate and, if the Advocate chooses, MAC Cosmetics will also send one additional email on behalf of the Advocate to remind the Friend to sign-up for the Refer-a-Friend Program.
Restrictions: Advocates cannot refer themselves or create multiple, fictitious, or fake accounts with M∙A∙C Cosmetics. Advocates must not refer the same Friend multiple times or through multiple channels. Any time that an Advocate posts, shares or sends their Referral Link, they must clearly explain that they earn an incentive which may take the form of a discount on a future eligible purchase at www.maccosmetics.com or a Canadian MAC Freestanding Stores if the Friend makes a purchase within thirty (30) days of receiving their Reward using the Advocate’s Referral Link (the “Incentive”). INFORMING FRIENDS THAT ADVOCATES EARN AN INCENTIVE
IS A LEGAL REQUIREMENT. Failure of an Advocate to comply may result in losing the Incentive and may be a violation of federal competition and anti-spam, and provincial consumer protection laws in Canada. Advocates can use the default language provided on the online form to share their Referral Link. Advocates may not attempt to make referrals by sending unsolicited e-mails, by posting on social media in a manner that violates the terms of use of those sites or applicable laws, or otherwise by providing false or misleading information. When sending referral emails, Advocate must only send to a maximum of three (3) email addresses at a time.
Rewards: For each Friend that signs up for the Refer-a-Friend Program and completes an eligible purchase at MACcosmetics.ca or a Canadian MAC Freestanding Store e directly through an Advocate’s Referral Link within thirty (30) days of receiving the Reward, the Advocate will receive an email containing an incentive which takes the form of a discount on a future eligible purchase at [www.maccosmetics.ca/] or a Canadian MAC Freestanding Store.
Conditions: The following conditions apply to the Program and related rewards:
• A Friend can only earn a Friend’s Incentive once in total. The Advocate may only earn the Advocate’s Incentive 50 times in total (i.e. the Advocate can only refer at most 50 Friends). For any one individual, a maximum of 51 Incentives can be earned (onceas Friend, 50as Advocate).
• If a Friend tries to redeem multiple referrals: M∙A∙C Cosmetics will only honor the first Referral Link through which a Friend completes an eligible purchase on M∙A∙C Cosmetics’s website and which is accepted and processed by M∙A∙C Cosmetics. If multiple Advocates have referred the same Friend and the Friend attempts to activate multiple Referral Links, only one Advocate will be entitled to receive their Incentive and the Friend will only receive one Incentive. The Incentive will only be applied to the Advocate of the first Referral Link through which the Friend purchased his/her first eligible M∙A∙C Cosmetics purchase. All other referrals will automatically be invalidated.
• Any Incentive not redeemed within thirty (30) days after being applied to Advocate will automatically expire. The Incentive cannot be transferred, exchanged for any cash or money, or sold.
• The Incentivemay not be (i) combined with other offers, discounts, referrals, or gift cards; (ii) sold or transferred; or (iii) redeemed for cash.
• Referral Links are for individual, personal use only and may not be used for commercial purposes, which for the avoidance of doubt includes but is not limited to affiliate lead generation and bidding on M∙A∙C Cosmetics search terms in connection with the Referral Link.
Offer Terms: $10 off applies to eligible purchases of $50 or more at MACcosmetics.ca or Canadian MAC Freestanding Stores made within 30 days of offer issuance. Offer not valid in department store locations or websites or partner stores or websites. Offer not valid in Duty Free locations, Caribbean locations, Airport locations or websites. Offer cannot be copied, sold, transferred, redeemed for cash or otherwise combined with any other offer, discount, referral, or gift card. Free Standard Shipping with any purchase. Out of stock items are not eligible for promotional offers. Offer cannot be applied to previously placed orders. Offer valid on orders shipped to Canadian addresses only. Pro members and Estee Lauder Company employees are ineligible. Offer not applicable to, and the eligible purchase amount does not include, the purchase of eGift Cards; Gift Cards; sales tax; shipping and handling; items noted as not eligible; items that are not in stock at the time of purchase; pending purchases or purchases made prior to the start of the offer or after the offer ends; select products including but not limited to VIVA GLAM, limited life collections; Custom Palette; select professional products; Goodbyes; select special deco-packaged products; Mini MAC, kits sold at a value, lip duos, giftwrap. Other exclusions may apply. Offer applies to authorized purchases only. Only authorized orders will be processed and shipped. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of offer and to modify or cancel this promotion at any time. Offer is subject to change without notice. Other restrictions may apply.
Program Communications: Advocates may receive e-mails about this Program, including an e-mail each time a Friend makes an eligible purchase using their Referral Link. If you would like to opt-out of receiving future MAC Cosmetics referral emails, you may do so by clicking the unsubscribe link at the bottom of each referral email.
Privacy: The personal information collected, processed and used as part of the Program will be used in accordance with the M∙A∙C Cosmetics [Privacy Policy].
Information about Friends: M∙A∙C Cosmetics will not share the name of the Friend or details of the Friend’s purchase with the Advocate but it may be possible for the Advocate to otherwise determine which Friend made an eligible purchase using the Advocate’s Referral Link.
Indemnification: By participating in the Program, you agree that you will indemnify and hold M∙A∙CCosmetics, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any claim, action, liability, loss, injury or damage resulting, directly or indirectly, from your participation in the Program, including any unlawful sending or sharing of the Referral Link, or your breach of these Terms.
Disclaimer of Warranties; Limitation of Liability: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. FURTHER, YOU AGREE THAT M∙A∙C CosmeticsIS NOT RESPONSIBLE FOR FAULTY REFERRAL LINKS, ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN TRANSMISSION, ORDER PROCESSING, OR COMMUNICATION; TECHNICAL OR MECHANICAL MALFUNCTIONS; ERRORS IN THESE TERMS, IN ANY PROGRAM-RELATED MATERIALS, OR INACCURATE INFORMATION, WHETHER CAUSED BY EQUIPMENT, PROGRAMMING, HUMAN ERROR, OR OTHERWISE.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 CAD.
Disputes: ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY — THE LAWS OF CERTAIN JURISDICTIONS (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) MAY NOT ALLOW A MANDATORY ARBITRATION AND CLASS ACTION WAIVER CLAUSE. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE PROVISIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
With respect to any dispute, claim, or controversy regarding the Program, all rights and obligations and all actions contemplated by these Terms shall be governed by the laws of New York, as if the Terms were a contract wholly entered into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM, THESE TERMS OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF M∙A∙CCosmetics OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Bulk Email Distribution: Each Advocate is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Advocate represents that he/she has the appropriate permission and consent and is only sending the email to (or otherwise sharing the Advocate’s Referral Link with) individuals with whom the Advocate has a personal or family relationship. Bulk email distribution, distribution to strangers or to individuals with whom the Advocate does not have a personal or family relationship, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. M∙A∙C Cosmetics has no obligation to monitor the Program or any communications; however, M∙A∙C Cosmetics may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Advocates who do not comply with these Terms or applicable law, including anti-spam laws, are obligated to indemnify the M∙A∙CCosmetics against any liabilities, costs and expenses it incurs as a results of such spam or other actions.
General: Each Advocate and Friend must comply with M∙A∙C Cosmetics [Terms and Conditions] and the terms and policies of any social media site where a referral link is posted/used. M∙A∙C Cosmetics reserves the right to revoke any rewards or otherwise disqualify any Advocate or Friend in the event of any suspected fraud or violation of these Terms.
Modification and Termination: M∙A∙C Cosmetics reserves the right to modify any of these Terms at any time, with or without notice. We also reserve the right to terminate the Program at any time, for any reason. Any unused Referral Links will be forfeited at that time. Your continued participation in the Program constitutes your acceptance of any changes made to these Terms. You are responsible for remaining knowledgeable about any changes we may make to these Program Terms.
Language: The parties hereto have expressly requested and required that these Terms and all other related documents, including notices, be drawn up in the English language. Les parties aux présentes conviennent et exigent expressément que ce contrat et tous les documents qui s'y rapportent, y compris tout avis, soient rédigés en langue anglaise