CUBAVERA® GOOD LIFE REWARDS™ MEMBERSHIP AND GENERAL TERMS/CONDITIONS
TABLE OF CONTENTS
A ELIGIBILITY AND PARTICIPATION
- The Cubavera® Good Life Rewards™ program is sponsored by Perry Ellis International, Inc. and its affiliates (collectively, “PEI”).
- The following PEI reward programs are collectively referred to herein as the “Program:”
- Cubavera® Good Life Rewards™;
- An Original Penguin by Munsingwear® Original Rewards™;
- Perry Ellis® Perry Perks™
- As of November 7, 2017, Supreme Perks® members are automatically enrolled in the Program.
- To enroll in the Program, you must provide your full name, email address and mailing zip code (collectively, the “Member Information”) at any Cubavera, Original Penguin or Perry Ellis, retail store located in the United States or Puerto Rico (the “Participating Retail Stores”) or online at the following web addresses: www.cubavera.com, www.originalpenguin.com, or www.perryellis.com (the “Participating Online Stores”). You must provide a valid e-mail address and opt-in to receive e-mail communications from PEI in order to be eligible to receive any benefits associated with the Program as detailed further below.
- Program membership ("Membership") is open to all individuals of at least 13 years of age. Commercial customers and others purchasing items for resale are not eligible for membership. Employees of Perry Ellis International, Inc., its affiliates and subsidiaries, and their spouses and children under the age of 23 living at home are not eligible for this Membership.
- Membership is nontransferable and subject to present and future program rules. Membership is valid only at Participating Retail Stores and Participating Online Stores. Enrollment becomes effective and acceptance of these terms and conditions begins when a member enrolls in the Program however, members can opt-out at any time as explained more fully below. Once a Membership is effective, rewards points will begin to accumulate for all future purchases; there is no retroactive accrual of rewards points.
B PROGRAM TIERS
- The Program is comprised of two (2) tiers: Silver and Gold (each a “Tier”). Each Tier offers different benefits as detailed further below.
- New members are automatically enrolled in the Silver Tier. Members who earn 250 points will be automatically upgraded to the Gold Tier Membership. Once the upgraded Tier becomes effective, you will receive the benefits associated with that Tier for the remaining calendar year, and the following next full calendar year; after that, the annual Tier requalification is required.
C EARNING POINTS AND REWARDS
- Make a qualifying purchase at any Participating Retail Store location and present your Member Information at checkout or log-in to your Program account and make a qualifying purchase online at the Participating Online Stores. A “Qualifying Purchase” is a purchase (excluding gift cards, taxes, and/or shipping) made by an enrolled member at a Participating Retail Store or a Participating Online Store minus discounts, returns, or credit adjustment. For a Qualifying Purchase, members must provide their Member Information at the time of purchase.
- Silver Tier Members receive one (1) point for every two (2) dollars you spend on Qualifying Purchases. Gold Tier Members receive one (1) point for every one (1) dollar you spend on Qualifying Purchases. All Qualifying Purchases made online at Participating Online Stores will be converted to U.S. dollars for the purpose of calculating points.
- No points will be earned for any purchases made (i) outside of Participating Retail Stores, Participating Online Stores or for purchases made at any specialty department stores; or (ii) at Participating Retail Stores or Participating Online Stores for shipment outside of the United States or Puerto Rico.
- For every 250 points you earn, you will receive a $25 reward certificate applicable towards your next purchase at a Participating Retail Store or Participating Online Store (the “Reward”).
- Special promotions may be offered where additional points may be earned under certain conditions.
- Points will post to member’s account within approximately five (5) business days from in-store purchase or on-line purchase shipment. No adjustments to member’s account ("Account") will be made after 90 days from the actual purchase date.
- Point calculations are based upon dollars spent at checkout on Qualifying Purchases less any dollars spent on alterations, sales tax, state fees, shipping charges, delivery charges or restocking fees.
- Members do not earn points for merchandise that is purchased but not shipped because of cancellation or for the amount of any Rewards redeemed, discounts or coupons applied. When members return products to the store or by mail, points previously posted to the Account for that purchase will be deducted from the Account. Other exclusions may apply.
D SPECIAL OFFERS
- From time to time, PEI may provide members with special offers. Each special offer will vary and there are no guaranties regarding the quantity or special offers. Exclusions apply and will be disclosed with each special offer.
- Silver Tier Members will receive free standard shipping on minimum purchases of $50 (exclusive of taxes and/or shipping) made at Participating Online Stores. Gold Tier Members will receive free Priority shipping on minimum purchases of $50 made Participating Online Stores. Free Shipping on purchases applies to Standard Shipping to one location in the Continental U.S. (see PEI’s Shipping & Handling Options for details). If an order is placed when the Membership is in the Silver Tier, the shipping offer in place with regards to the Silver Tier will be applied, even if an upgrade to Gold Tier becomes effective before your order is shipped.
E REDEEMING REWARDS
- Once a member reaches 250 rewards points, a Reward will automatically be issued. It may take up to five (5) business days from when the rewards points post for a Reward to be emailed to members. Rewards issued will automatically expire after 60 days if they are not redeemed.
- Members in good standing may earn an unlimited amount of Rewards per year.
- Rewards are only valid for redemption in the United States and Puerto Rico at Participating Retail Stores and Participating Online Stores.
- If shopping at a Participating Retail Store, you may combine Rewards in one purchase. Rewards may be used in conjunction with most other discounts or offers toward the purchase of products. Some exclusions may apply. If the total Reward exceeds the purchase amount, no change will be provided and any award amount over the purchase price will be forfeited.
- If shopping at our Participating Online Stores, Rewards may not be combined. When using multiple Rewards while shopping at our Participating Online Stores, be sure to make your purchases in separate transactions and use a separate Reward code at checkout. Please remember when shopping online, in order for the Reward code to be accepted at check-out, you must make a minimum purchase of U.S. $25.00 (the amount of the Reward certificate). Notwithstanding the foregoing, Rewards may be used in conjunction with most other discounts or offers toward the purchase of products. Some exclusions may apply.
- Rewards are not valid on prior purchases, certain products and services, purchase of Gift Cards and eGift Cards, or for tax or state fees. Rewards are not redeemable for cash and no change/currency will be given for certificate redemption. Members may be notified of additional ineligible products and services. Other restrictions may apply. Lost, stolen, or expired Rewards will not be replaced.
- Rewards do not constitute property of the member. Rewards are not transferable by the member (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise.
- All rewards points and subsequent Rewards must be earned and used according to the terms and conditions of the Program. PEI has the right to make the final decision on whether a purchase qualifies for the Program.
- If there are no purchases or rewards points from any source posted to an Account for six (6) consecutive months, the member forfeits all accrued rewards points.
F OTHER TERMS AND CONDITIONS
- By becoming a member of the Program, members agree to receive advertising, marketing materials and other communications from PEI except where expressly disallowed as a profile preference. The PEI logo, the Program logo and other logos and taglines are the intellectual property of PEI. Membership rules are void to the extent where prohibited by law. Taxes may apply where required by law.
- PEI may change the Program rules, regulations, benefits, conditions of participation, or point levels for rewards, in whole or in part, at any time without notice, even though changes may affect the value of the rewards points already accumulated. PEI may change or terminate program partners, withdraw, limit, modify or cancel any reward, increase the rewards points required for any reward, modify or regulate the transferability of rewards or benefits, institute or add reward blackout dates or limit the number of rewards for use by any one individual on any one purchase.
- PEI may, at any time, terminate or modify the Program and program rules without any further obligations to members.
- Abuse of the Program, including failure to follow program policies and procedures, the sale or barter of Rewards, product, rewards points or promotional offers, using multiple Rewards accounts in an effort to abuse the Program, and any misrepresentation of fact relating thereto or other improper conduct as determined by PEI in its sole judgment, may result in cancellation of the member’s account and future disqualification from program participation, forfeiture of all rewards points accrued, cancellation of previously issued but unused reward Rewards, and termination of the business relationship with PEI. In connection with the enforcement of any of the terms and conditions governing the Program, PEI reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys’ fees and court costs.
- PEI reserves the right to interpret and apply the policies and procedures communicated in these terms and conditions. All determinations by PEI shall be final and conclusive in each case. These terms and conditions supersede all previously published terms and conditions.
- As a condition of membership, Program members may receive print/electronic point statements, Program updates and other related materials at the discretion of PEI. PEI reserves the right to cease mailing of Program updates and related materials to any Program member.
- A member can view his or her account activity online on the website of any Participating Online Store. For information about an individual account or any other program-related questions or information contact PEI by email at email@example.com.
- PEI reserves the right to make Program points and promotional offers available to select members based on purchase activity, geographic location, program participation, or information supplied by the member.
- A member may cancel his or her Membership at any time by notifying PEI by email at firstname.lastname@example.org or telephone. If a member cancels his or her Membership, the member’s rewards points will remain saved until they expire, but once the rewards points expire they cannot be renewed even if a member chooses to renew their Membership. Any purchases made by a former member after cancelling Membership will not earn new rewards points. Any unused or pending Rewards will immediately become null and void once Membership is terminated. PEI, in its sole discretion reserves the right to cancel an individual Membership.
- This Agreement shall be governed by and construed under the laws of Florida, without reference to conflict of law provisions. Any legal proceeding, regardless whether on the basis of contract, tort, or any other basis, arising out of the use of, or in connection with, the Program or these terms and conditions, must be brought exclusively in a court of competent jurisdiction in Miami-Dade County, Florida. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effectuate the intent of these terms and conditions, and the remainder of these terms and conditions will continue in full force and effect. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action.
G NO WARRANTY
- PEI AND ITS AFFILIATE ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS OR SERVICES RELATED THERETO AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES.
G NO WARRANTY
- MEMBER HEREBY RELEASES PEI AND ITS AFFILIATE ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM OR RELATING TO THE PROGRAM, MEMBER'S MEMBERSHIP IN THE PROGRAM OR THIS AGREEMENT.