PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE M•A•C LOVER HK LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
1. MEMBERSHIP ELIGIBILITY AND OVERVIEW
1.1. The M•A•C LOVER HK Loyalty Program (“Program”) is offered at the sole discretion of M•A•C Hong Kong operated by Estee Lauder (Hong Kong) Limited and Estee Lauder (Macau) Limited (“M•A•C Hong Kong,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are at least 18 years old and who provide and maintain a valid email address are eligible to become members. Employees of The Estée Lauder Companies and individuals employed by our business partners or vendors are not eligible to participate in the Program. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose.
1.3. The M•A•C LOVER HK Program is only available in M•A•C Hong Kong owned and operated stores and counters in Hong Kong and Macau (excluding at Sephora, Duty Free and airport locations) and on maccosmetics.com.hk within Hong Kong or Macau.
2. PROGRAM ENROLLMENT
2.1. Eligible individuals may enroll in the Program through one of the following options:
2.1.1. Visithttps://www.maccosmetics.com.hk/account/mac-lover.tmpl(collectively, the “Site”) and follow the Program prompts to register for the Program.
2.1.2. Visit any Store and tell a store associate you would like to register for the Program.
2.2. You are required to provide your full name and email address in order to enroll. If you enroll at the Site, you must also create a password in order to enroll and agree to the M•A•C LOVER HK Terms and Conditions. If you are enrolling at the Site, you understand that your personal data is being collected on an open network, which may not have sufficient security measures. In order to access your birthday offers, you will need to provide us with your birthday (day and month), but providing your birthday is not mandatory for Program enrollment. You will also have the opportunity to provide us with your mobile phone number and mailing address, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
2.3. Only one Program account may be associated with a single member, a single mobile phone number and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address or mobile phone number by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address or mobile phone number.
3. HOW THE PROGRAM WORKS AND PROGRAM BENEFITS
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to earn points and also unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. You will receive 1 point for every 1 HK Dollar spent on qualifying purchases in any Store or at maccosmetics.com.hk and in addition to these purchases, we may offer more ways to earn and/or accelerate your points from time to time. Eligible purchases and other opportunities to unlock Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in-store, in" marketing emails, social media, etc.). Once you have accumulated points and/or unlock a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier and/or based on the total number of points you have accumulated in an anniversary year, which benefits may change from time to time and may be offered on a limited basis. Visit our FAQS for a current list of available benefits.
3.2. The M•A•C LOVER HK Program is a tier-based program determined by the qualifying spend on eligible purchases and through qualifying activities, beginning on the date when you enroll. There are 3 tiers with associated benefits:
- • Tier 1, Lover 0 – HK$999
- • Tier 2, Devoted HK$1,000 – $1,999
- • Tier 3, Obsessed HK$2,000
When you join, you’ll automatically be placed in Tier 1, Lover and be eligible for all the benefits Tier 1 members receive. Once you spend at least HK$1,000 on eligible purchases in your first year, you’ll be automatically moved up to Tier 2, Devoted. When you spend HK$2,000 or more on eligible purchases in your first year, you’ll be qualified for Tier 3, Obsessed.
Your status in a particular tier is good for the remainder of the year in which you qualify for that tier and the following full year. After that, you’ll need to spend enough to qualify for that tier on yearly basis subsequently. For example, if you qualify for Tier 2, Devoted, during your first year, you’ll maintain Devoted status during your second year. But, if you spend less than HK$1,000 on eligible purchases during your second year, you’ll drop back down to Tier 1, Lover status on your second anniversary date.
3.3. For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase by logging into your account on the Site or by providing your mobile phone number or your registered email address in any Stores. To earn rewards and benefits, your purchase must be made on qualifying products and services. Eligible purchases include regular priced merchandise and services, and exclude gift cards, discounts, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, charitable products where funds are donated to M•A•C Viva Glam Fund or any other charitable organization, value sets, select premium products and services, and other specified products.
3.4. Neither accounts nor rewards may be shared or combined. Only the member paying for the products may accumulate benefits and rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.
3.5. Benefits and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program account will reversed if the purchase is returned, or if the balance is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member.
3.6. We reserve the right to change Program benefits, how you unlock each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
3.7. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact M•A•C Hong Kong Customer Service at email@example.com. Your email must specify your name, address, mobile phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
3.8. Rewards can only be redeemed in any Stores, and/or on the Site, depending on the reward. Purchases made in department stores, specialty stores, stores and counters not solely owned and operated by M•A•C Hong Kong and outside of Hong Kong or Macau are not eligible for the Program.
3.9. Rewards cannot be exchanged or returned for another product or service, or a monetary refund.
3.10. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
4. MARKETING EMAILS
4.1. When you sign-up to be a member of the Program, you will have the opportunity to opt-in to receive M•A•C LOVER HK marketing emails about loyalty program benefits (such as exclusive invites, events and offers such as a complimentary birthday gift), as well as M•A•C Hong Kong marketing emails.
4.2. If you do not wish to receive M•A•C LOVER HK and/or M•A•C Hong Kong marketing emails, you can opt-out by, using the link at the bottom of each M•A•C LOVER HK and/or M•A•C Hong Kong marketing email to unsubscribe.
4.3. If you opt out of receiving M•A•C LOVER HK marketing emails, you will continue to receive M∙A∙C LOVER HK transactional emails. These are sent a few times a year to notify you of your points balance or loyalty membership changes. If you decide to opt-out of the M∙A∙C LOVER HK Program, you will no longer receive M∙A∙C LOVER HK transactional emails. If you are opted-in to M∙A∙C Hong Kong marketing emails, you will continue to receive these emails until you opt-out of those emails specifically.
5. TERMINATION AND MODIFICATION
5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms, and/or the Program or any aspect or feature of the Program at any time and we shall endeavour to provide prior notice to you, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
5.2. We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any abuse of the Program, failure to follow any Terms, membership inactivity for more than 24 months, illegal activity, fraud, misrepresentation or other conduct detrimental to us or our interests, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any points, rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on the website or by informing an Artist at any Store.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1. NEITHER M•A•C HONG KONGNOR 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 OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH 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.
6.2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER M•A•C HONG KONG 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 TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT DEFECTS OR ERRORS WILL BE CORRECTED.
6.3. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER M•A•C HONG KONGNOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED HONG KONG DOLLAR ONE THOUSANDDOLLARS (HK$1,000.00).
6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
7.1. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program or your breach of any of these Terms.
8. GOVERNING LAW AND DISPUTES
8.1. This Program and these Terms will be governed by and construed under the substantive laws of Hong Kong, as if they were a contract wholly entered into and wholly performed within Hong Kong and without reference to conflict-of-laws considerations.
8.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN HONG KONGAND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR 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 prevailing Administered Arbitration Rules at the Hong Kong International Arbitration Centre. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
8.3. 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.
10. CONTACT US
10.1 For information about the Program and your membership, contact via email firstname.lastname@example.org We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQS.