Rewards & Loyalty Terms & Conditions
CAROLINA LEMKE LOYALTY PROGRAM TERMS & CONDITIONS
BY ENROLLING IN THE PROGRAM, YOU ACCEPT THESE PROGRAM TERMS, INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT.
The Program is open to individuals who are legal residents of one of the 50 United States, the District of Columbia, or Canada and are at least 18 years of age and the age of majority in their state or province of residence. CL or its affiliates and companies owned by employees of CL or its affiliates are not eligible to participate in the Program.
All eligibility determinations will be made by CL in its sole discretion. CL reserves the right to disqualify or terminate any individual or company from the Program for any reason including, but not limited to, noncompliance with the Program Terms.
Joining is easy and free. Just go to our website at www.carlinalemke.com and sign up https://www.carolinalemke.com/account/register. Once you have joined, you can see your current Reward Points total under by checking your Account on the website.
Here’s how it works: For every dollar ($1) spent, you will receive five (5) rewards points ("Reward Points "). Each amount of Reward Points earned will entitle you to a discount while purchasing in our website ("Point Value"). From time we may offer different Point Values and/or Reward Points terms.
As an example of the Program benefits for Reward Points:
Spend $70 get 350 Reward Points
As an example of the Points Value:
- Earn 500 Reward Points and get $5 off
In addition, as a valued member of the Carolina Lemke family, you can earn additional Reward Points when you:
- Create an account - 500 Reward Points
- Celebrate a Birthday - 1000 Reward Points.
When calculating Reward Points connected to a purchase, we will round to the closest dollar, i.e., amounts of .50 or more will be rounded up to the next dollar for purposes of calculating Rewards Points; amounts of .49 or less will be rounded down for Rewards Points purposes.
Reward Points are redeemable at checkout in increments of 50 only. Reward Points and the corresponding Points Value (including any additional points accumulated in your account) will be deducted before any sales or discounts are applied. Your Reward Points will expire 12 months from the date you receive them. Reward Points will not be rewarded based upon sales tax, shipping and handling fees and other fees. Reward Points may be deducted from a Member’s account for a qualifying purchase that is returned or cancelled. Purchases made prior to a Member’s enrollment in the Program are not eligible for Reward Points. Other exclusions and limitations, specified in the promotion terms and conditions, may apply.
REWARD POINTS DO NOT CONSTITUTE PROPERTY OF THE MEMBER. POINTS HAVE NO CASH VALUE AND ARE NOT REDEEMABLE FOR CASH. REWARD POINTS MAY NOT BE BOUGHT, SOLD, AUCTIONED, TRADED, BARTERED, COMBINED, ASSIGNED, CONVEYED OR TRANSFERRED UNLESS EXPRESSLY AUTHORIZED BY THE CL IN ITS SOLE DISCRETION.
Reward Points will remain in a Member’s account until redeemed, expired, or the Member’s Account is terminated. Reward Points will automatically be forfeited if a Member is terminated from the Program for any reason. Once your Reward Points has been forfeited due to termination from the Program, you will not be entitled to reinstatement or return of those Reward Points if you subsequently reopen your Member Account.
CL may, at its discretion, offer other promotions and ways to receive Reward Points. CL may, at its discretion, from time-to-time change the eligibility for Reward Points and the applicable Point Value. Each promotion will include the terms and conditions required for Reward Points, such as qualifying purchases, purchase dates, and the amount of Reward Points received that may be earned for a qualifying purchase.
Program Changes & Termination
CL may, in its sole discretion and without prior notice, change, amend, or supplement the Program Terms or any feature of the Program, including but not limited to, Program eligibility requirements, the number of Reward Points received for qualifying purchases and Reward Points expiration dates. CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES ACCEPTANCE OF THE CHANGES.
CL reserves the right to terminate the Program, in whole or in part, by providing at least one month notice to Members. Upon termination, all unredeemed Reward Points will be forfeited without any obligation or liability by CL.
In addition, any failure to abide by the Program Terms, the terms of any promotions offered through the Program, any conduct detrimental to CL, or any misrepresentation or fraudulent activities in connection with the Program may result in termination of the Member, forfeiture of all Reward Points and any other remedy permitted by law or in equity consistent with these Program Terms.
Any federal or state income tax or other tax liability resulting from participation in the Program is the responsibility of the Member.
The Program is void where prohibited by law.
Program & Promotional Communications
No Warranties; Limitation of Liability:
CL provides the Program on an as-is basis without any representations or warranties of any kind, express or implied. CL specifically disclaims all warranties and conditions of any kind, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Participation in the Program is at your own risk.
CL is not responsible for errors, inaccuracies related the Program including, without limitation, the number of Reward Points required to redeem a particular award, the number of Reward Points to be awarded for a particular action, the ability to redeem an award, and problems sending or receiving Reward Points.
UNDER NO CIRCUMSTANCES WILL CL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES (THE “CL PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM OR THE PROGRAM TERMS. THE CL PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE PROGRAM OR THE PROGRAM TERMS, WILL NOT EXCEED LOWER OF THE AMOUNT THAT YOU HAVE SPENT WITH CL IN THE CALENDAR YEAR PRECEDING ANY CLAIM OR $100.00. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND MAY NOT BE PERMITTED IN SOME STATES. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND WILL SURVIVE CANCELLATION OF THE PROGRAM OR TERMINATION OF A MEMBER FROM THE PROGRAM. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR CL’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.
DISPUTE RESOLUTION & ARBITRATION AGREEMENT
Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and CL agree that any legal dispute between you and CL concerning or arising in any way out of the Program, benefits, Reward Points, Point Value, and any communications between you and CL, or your participation in any other program or service provided by CL shall be resolved through binding individual arbitration. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or CL may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and CL, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and CL agree otherwise, including arbitration by telephone or on written submissions, any arbitration hearing shall take place in the county or parish of your residence (as determined by your billing address on file with CL). If you reside outside of the US, any arbitration hearing shall take place in New York, New York. So long as your claim against CL is not determined by the arbitrator to be frivolous or fraudulent, CL will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and CL also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and CL hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of New York will govern. CL will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative claims waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. This Dispute Resolution & Arbitration Agreement survives the cancellation or termination of the Program or membership in the Program by Member or by CL
These Program Terms constitute a binding agreement between CL and Member and is accepted by registering for the Program. The Program Terms constitute the entire agreement between the Parties regarding the Program.
You may ask a question, request that we update your information, or submit a complaint by contacting us at firstname.lastname@example.org.