HONEYBEE REWARDS PROGRAM TERMS AND CONDITIONS
Last Updated: June 6, 2023
The Honeybee Rewards Program (the “Program”) is operated by Ayablu Incorporated (“us/we/our/Ayablu”), and works as an agreement between you and us. We offer this Program, including all information, products and services available from the Burt’s Bees Baby website at https://www.burtsbeesbaby.com/ (the “Website”), to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein the (“Terms”). YOUR CONTINUED PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR AGREEMENT TO THESE TERMS. If at any time you do not agree to these Terms, please do not participate in the Program.
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
NOTICE OF ARBITRATION: THESE TERMS REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE PROGRAM OR THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT, EXCEPT FOR SMALL CLAIMS COURT. MORE INFORMATION ABOUT ARBITRATION IS SET FORTH BELOW.
YOU MAY NOT PARTICIPATE IN THE PROGRAM IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
ELIGIBILITY
There is no payment or purchase required to enroll in the Program. The Program is open to Burt’s Bees Baby account (“Account”) holders who are legal residents of the 50 United States or the District of Columbia, and who are/were at least eighteen (18) years of age when he/she creates/created an Account (“Participant”). In order to create an Account, you must provide your first name, last name, and email address. Account holders will be automatically entered in to the Program. Account holders who wish to opt out of the Program can contact Customer Service at info@burtsbeesbaby.com. The Program is void where prohibited by law. One (1) Account per person. All Participants are subject to verification at any time and for any reason. We reserve the right, in our sole discretion, to request and require proof of eligibility. Failure to provide any such requested proof within the timeframe set forth by us may result in disqualification from the Program and/or deletion of your Account. Ayablu employees are not eligible to participate in the Program. The Program is open only to individual Account holders that purchase eligible merchandise for their personal use. In you are a reseller, you are not eligible to participate in the Program.
EARNING POINTS
There are a number of ways that Participants can earn reward points as part of the Program (“Points”):
· Participants will earn one (1) Point for every $1 spent on eligible merchandise through the Website. In order to be eligible to receive Points, Participants must be logged in to their Account at the time of purchase. The number of Points earned will be calculated based on the amount paid less any promotions, discounts, tax, and shipping charges. Gift card purchases are not eligible for Point accrual. Purchases made for resale are not eligible for Point accrual.
· Participants may earn 25 Points by creating an Account. Participants who already have an Account at the time of Program launch will be automatically awarded 25 Points. Participants may only earn this Point bonus one (1) time.
· Participants may earn 25 Points by opting into receive SMS marketing messages. Participants may only earn this Point bonus one (1) time. In order be eligible to receive these Points, Participants must be logged into their Account and access the SMS Opt-In via the link posted in the Rewards tab.
· Participants may earn 25 Points by opting into receive email marketing messages. Participants may only earn this Point bonus one (1) time. In order be eligible to receive these Points, Participants must be logged into their Account and access the Email Sign-Up via the link posted in the Rewards tab.
· Participants may earn 10 Points by following Burt’s Bees Baby on Instagram. In order be eligible to receive these Points, Participants must be logged into their Account and access Instagram via the link posted in the Rewards tab. Participants may only earn this Point bonus one (1) time.
· Participants may earn 10 Points by liking Burt’s Bees Baby on Facebook. In order be eligible to receive these Points, Participants must be logged into their Account and access Facebook via the link posted in the Rewards tab. Participants may only earn this Point bonus one (1) time.
· Participants may earn 10 Points by following Burt’s Bees Baby on TikTok. In order be eligible to receive these Points, Participants must be logged into their Account and access TikTok via the link posted in the Rewards tab. Participants may only earn this Point bonus one (1) time.
· Participants may earn 10 Points by writing a product review on the Website. Each review must reflect the Participant’s honest and truthful opinions and actual experiences, and include #promotion. Participants should be sure to have used the products that they are reviewing, and done so consistent with stated instructions.
· Participants will earn 50 Points on each annual anniversary of the date on which they created an Account.
If you have not received Points that you believe you have earned due to one of the acts above, please contact Customer Service at info@burtsbeesbaby.com.
From time to time, we may offer limited time promotions related to Point accrual. For example, we may offer a limited time promotion where Participants may earn two (2) Points for every $1 spent on eligible merchandise, as opposed to the standard one (1) Point. Such promotions may be offered in our sole discretion, and are subject to their own separately stated terms and conditions, as well as those set forth herein.
Participants may view their current Point balance on their online Account and by visiting www.burtsbeesbaby.com/rewards while logged in. From time to time, we may offer additional methods by which Participants can earn Points. Points are not transferrable. Participants may not give, donate, transfer, or share their Points and/or Coupons (defined below) to any other Participant’s Account(s). Except where required by law or provided for in these Terms, Points have no cash value and no exchange rate to any market currency. Points are not the property of Participants. Other restrictions may apply.
REDEEMING POINTS
Points may be redeemed on qualifying purchases made by Participant through the Website while signed into Participant’s Account.
Participants can redeem Points as follows:
· 200 Points give $10 off a qualifying purchase of $40+
· 400 Points give $20 off a qualifying purchase of $60+
· 600 Points give $30 off a qualifying purchase of $80+
· 800 Points give $40 off a qualifying purchase of $100+
Participants can choose the amount of Points to redeem at checkout (in the above increments). At that time, a one-time coupon code (“Coupon”) with the applicable value shall be auto-generated in checkout at time of redemption. If Participants do not redeem the Coupon at that time, the Points will remain in their account. Ayablu reserves the right, in its sole discretion, to change the number of Points needed to redeem a particular Coupon. Ayablu also reserves the right, in its sole discretion, to limit the quantity of Points a Participant may redeem, or to restrict the use of Coupons with respect to certain products.
Coupons may only be redeemed for value to be applied toward qualified products (as determined by Ayablu) offered by Ayablu online at the Burt’s Bees Baby Website, subject to certain exclusions as determined by Ayablu in our sole discretion. Coupons may not be used for payment of taxes or shipping costs.
Without limitation, Coupons cannot be redeemed for gift cards, gift boxes/bags, limited edition co-branded items, skin care items, or anything else that may have a philanthropic or charitable element to it (for example and without limitation, where we donate a portion of a sale to charity).
Coupons cannot be combined with other promotions or offers.
EXPIRATION AND/OR TERMINATION OF POINTS
All Points expire after one (1) year of Account inactivity. We reserve the right to extend the expiration date, in our sole discretion. Moreover, Points will be immediately forfeited if your Account is closed for any reason, including but not limited to, in the event that we suspect that Points have been issued, received, or redeemed through fraud, theft, other illegal means, or as otherwise unauthorized by these Terms.
CHANGES TO THE PROGRAM
We reserve the right, in our sole discretion and without prior notice, to suspend, change, or terminate the Program, in whole or in part. We may notify you of any changes to the Program by posted an updated version of this page at www.burtsbeesbaby.com/rewards, or by emailing you. If and when the Program is suspended or terminated, with or without notice, Participant’s accrued Points will be converted into the applicable Coupon value. The Coupon will be delivered to Participant, and the Coupon may be redeemed for a period of six (6) months from the date of issuance.
GENERAL CONDITIONS AND RELEASE
By participating in the Program, each Participant agrees to: (a) comply with and be bound by these Terms and the decisions of us and/or our designee(s) which are binding and final in all matters relating to this Program; (b) release and hold harmless Ayablu Incorporated and its respective parent, subsidiary and affiliated companies, and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Program, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to participation in the Program; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to a Participant’s participation in the Program.
We reserve the right in our sole discretion to disqualify any individual we find to be tampering with the operation of the Program or to be acting in violation of these Terms or any other terms and conditions, or in a disruptive manner. We reserve the right to withdraw, amend or suspend the Program (or to amend these Terms) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law and, should such an attempt be made, we reserve the right to seek damages from any such person to the fullest extent permitted by law. Our failure to enforce any part of these Terms shall not constitute a waiver of that provision. Use of any automated system or service to participate is prohibited and will result in disqualification.
In the event of a dispute regarding the identity of any Participant, the authorized account holder of the email address used to create an Account and participate in the Program will be deemed to be the Participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
PRIVACY
Information collected from Participants is subject to Ayablu’s Privacy Policy, which is available at https://www.burtsbeesbaby.com/privacy-policy.
FINANCIAL INCENTIVE
We will not discriminate against you for exercising any rights under the various privacy laws. However, we may offer certain financial incentives, including this Program, which can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. For further information, see our Privacy Policy at https://www.burtsbeesbaby.com/privacy-policy.
LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Participant, or programming associated with or used in the Program; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the Program; (d) technical or human error, which may occur in the administration of the Program or the processing of Points or Coupons; (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Program; or (f) Points, Coupons, or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, by reason of unauthorized human intervention, spam filters, privacy settings, inactive email accounts or an Participant’s failure to monitor its email or Account.
BY PARTICIPATING IN THE PROGRAM, PARTICIPANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY POINT(S) OR COUPON(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
FOR CALIFORNIA PARTICIPANTS: EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
DISPUTES
Except where prohibited by law, as a condition of participating in this Program, each Participant agrees that (1) any and all disputes and causes of action arising out of or connected with the Program, including but not limited to Point(s) or Coupon(s) awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in the Program), and Participant further waives all rights to have damages multiplied or increased. Participants further agree that any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of Ayablu and the Participant in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Participant agrees that, by participating in the Program, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Program shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Program, but in no event attorney’s fees; and (iii) under no circumstances will any Participant be permitted to obtain any award for, and Participant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
SEVERABILITY
In the event any provision of these Terms is determined to be void or unenforceable, such determination shall not affect the remainder of these Terms, which shall continue to be in force.
QUESTIONS? Please email us at info@burtsbeesbaby.com