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NEW ERA REWARDS TERMS AND CONDITIONS
These “New Era Rewards Terms And Conditions” (i.e., these “Terms”) include a class action waiver and require binding arbitration on an individual basis to resolve disputes. Details are set forth below. These New Era Rewards Terms And Conditions set forth important information, including restrictions. By participating and registering as set forth below, you agree to the New Era Rewards Terms & Conditions, as well as New Era Cap’s Terms & Conditions and Privacy Policy, including New Era Cap’s Notice of Financial Incentive.
I. Program Overview
New Era Rewards is a loyalty rewards program (the “Program”) offered exclusively by New Era Cap, LLC (“we”, “us”, “our”, and “Company”) in the United States and Canada.
II. Program Eligibility
Participation in the Program is only available to any individual resident of the United States or Canada, who satisfies all of the below requirements. You represent and warrant that you meet these requirements.
Any person who satisfies the above requirements, successfully enrolls and currently participates in the Program is a “Participant.”
III. How to Enroll
If you have an existing account with us, you can enroll in the Program by linking your account at https://www.neweracap.com/pages/rewards. If you do not have an existing account with us, you can enroll in the Program by creating an account at our website (www.NewEraCap.com, the “Website”). Notwithstanding anything to the contrary in these Terms, the Program is only available if you satisfy the eligibility requirements in the Program Eligibility section.
IV. Ways to Earn Points
The ways in which Participants can potentially earn points under the Program are set forth below in this section (such points earned pursuant to these Terms are the “points”). We use your email address to notify you of points and you must ensure it is accurate and current.
A. General
|
Event |
Participant Can Earn Points |
How Many? |
|
Points for Purchases
|
Upon every purchase, you can earn 1 point for every $1.00 spent. |
1 point per eligible $1.00 spent. |
|
Create an Account |
When you create an account with us at our Website. |
25 points. |
|
Facebook Shares |
When you share our Facebook page. |
15 points. |
|
First Just Caps Purchase |
When you make your first purchase of a cap under our Just Caps brand. |
50 points. |
|
Every 5th Collector Cap Purchase |
Every 5th purchase of a cap under our Collector Cap brand. |
50 points. |
|
Instagram Follow |
When you follow our Instagram page. |
15 points. |
|
One In-App Purchase |
When you make a maximum of one purchase using our mobile application. |
100 points. |
|
One Apparel Purchase |
When you make a maximum of one apparel purchase. |
100 points. |
|
Birthday |
On your birthday that you have provided to us. |
50 points. |
B. Referral-Based
|
Event |
Participant Can Earn Points |
How Many? |
|
Successful Referral |
When you successfully refer a friend to us, and such individual spends a minimum of $60 with us. |
200 points. |
|
First Purchase by Referee
|
If you have been successfully referred to us by a friend, and make your first purchase. |
200 points. |
C. VIP Tiers
At the start of each calendar year (i.e., January 1), Participants can earn points in connection with the Program’s annual VIP tiers, based on the below minimum eligibility requirements.
|
Event |
Minimum Eligibility Requirements for Tier |
Entry Reward (i.e., upon successfully entering the tier, Participant can earn the below points) |
|
Bronze |
$250 spent and two purchases. |
25 points. |
|
Silver |
$350 spent at the preceding tier, and three purchases. |
50 points. |
|
Gold |
$500 spent at the preceding tier, and three purchases. |
100 points. |
|
Black Platinum |
$1,000 spent at the preceding tier, and five purchases. |
150 points. |
Your status in a particular VIP Tier shall remain valid for the remainder of the then-current calendar year in which you qualify for such VIP Tier and continue throughout the following full calendar year thereafter (“Tier Term”). After such Tier Term, Participant must spend enough on eligible purchases to qualify for Participant’s VIP Tier status for future years. By way of example, if Participant qualifies for Silver VIP Tier during Participant’s first year, such Participant will maintain Silver VIP Tier status during Participant’s second year. However, if during Participant’s second year Participant spends less than USD $350 on eligible purchases and/or fails to make three purchases, Participant’s VIP Tier will fall to Bronze VIP Tier status on Participant’s second anniversary date of such initial VIP Tier qualification.
Additionally, throughout the calendar year, at our sole discretion we may present Participants with one-off opportunities to earn point multipliers.
V. Points Expiration, Forfeiture, and Non-Transferability
Points received but not yet redeemed or forfeited shall expire one year after the date which they are earned pursuant to these Terms. Points are forfeited when the Participant’s account has been deleted or when we have revoked the points in connection with these Terms. Points are not transferable.
VI. Redeeming Points and Other Benefits
Subject to the terms and conditions of the Program set forth in these Terms, Participants may redeem points for a discount at the following points levels:
Participants will additionally receive free shipping on any order.
We reserve the right to change Program benefits, how you reach each Program tier, how you earn points 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 or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof. Points may be redeemed for eligible purchases by a Participant using our Website or any of our mobile applications. In order to redeem points, Participant must be logged into their account which is enrolled in the Program. Discount codes may only be used once. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity.
Points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to points or other Program benefits. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Neither accounts nor Program points may be shared or combined. Only the Participant paying for the products may accumulate points. Participants will not receive points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program.
VII. Disputes
Please contact us at legal.requests@neweracap.com if you have a dispute regarding the Program.
If we are unable to resolve to your satisfaction any dispute you might have related to the Program, then you may begin an arbitration proceeding as provided below.
Arbitration
Please read this arbitration provision carefully. Unless you send us the rejection notice described in this document, this provision will apply to you and, as a result, either one of us can elect to subject any New Era Rewards Dispute between us to individual arbitration. This means that: (1) a court or jury will not resolve the New Era Rewards Dispute; (2) you will not be able to participate in a class action or similar proceeding to resolve the New Era Rewards Dispute; and (3) your appeal rights during and after arbitration will be limited.
As used in this arbitration provision, a "New Era Rewards Dispute" means any claim or controversy between us that in any way arises from or relates to the Program, including, but not limited to, these New Era Rewards Terms and Conditions, New Era Rewards points, and any related offerings. New Era Rewards Dispute has the broadest possible meaning, and includes, without limitation, disputes based upon contract, tort, consumer rights, fraud and other intentional torts, agency, statute or constitution, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). New Era Rewards Dispute includes claims, counterclaims, crossclaims, and third-party claims, and it includes disputes in the past, present or future. It also includes disputes about the validity, enforceability or scope of this arbitration provision.
If one of us elects to arbitrate a New Era Rewards Dispute, it will be resolved by mandatory binding arbitration. The electing party must notify the other party in writing. To make an election to arbitrate, you must send a written notice to 160 Delaware Avenue, Buffalo, NY 14202. ATTN: LEGAL DEPT., ARBITRATION DEMAND or we must send a written notice to you at the most current address we have on file for you.
This notice can be given at any time before or after the beginning of a lawsuit by either party and may be included in papers filed in the lawsuit. The party seeking arbitration must select as the arbitration administrator either the American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, adr.org, 1.800.778.7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, jamsadr.com, 1.800.352.5267. You can contact the AAA or JAMS to find out more information on how to commence an arbitration proceeding.
The arbitrator(s) will be appointed in accordance with the procedures of the arbitration administrator, and must be a lawyer with at least 10 years of legal experience. The arbitration will take place in the federal judicial district where you reside and either one of us may elect to appear by telephone. We will pay the arbitration filing fee and consider requests to advance additional costs and fees on your behalf. If you receive a favorable award from the arbitration proceeding, we will reimburse you for the reasonable costs and fees of arbitration (but this does not include fees of attorneys, experts or consultants, unless applicable law provides you a right to recover those fees).
YOU AGREE NOT TO BRING A NEW ERA REWARDS DISPUTE AGAINST US IN A CLASS ACTION, REPRESENTATIVE ACTION OR SIMILAR PROCEEDING IN COURT OR ARBITRATION. YOU ALSO AGREE NOT TO BRING A NEW ERA REWARDS DISPUTE AGAINST US ON BEHALF OF ANY OTHER PERSON, AND YOU AGREE THAT NO OTHER PERSON MAY BRING A NEW ERA REWARDS DISPUTE AGAINST US ON YOUR BEHALF. YOU MAY NOT JOIN A NEW ERA REWARDS DISPUTE IN A SINGLE ARBITRATION WITH A NEW ERA REWARDS DISPUTE OF ANY OTHER PERSON. IF YOU TRY TO ASSERT ANY NEW ERA REWARDS DISPUTE IN A CLASS ACTION OR SIMILAR PROCEEDING, WE CAN REQUIRE THAT IT BE RESOLVED IN INDIVIDUAL (NON-CLASS) ARBITRATION. THIS PARAGRAPH IS REFERRED TO AS THE "CLASS ACTION PARAGRAPH."
YOU AGREE NOT TO BRING A NEW ERA REWARDS DISPUTE AGAINST US IN A PRIVATE ATTORNEY GENERAL ACTION IN COURT OR ARBITRATION.
If you do not want this arbitration provision to apply, you must reject it in writing by mailing us a written rejection notice containing your name legibly printed, your mobile phone number and email address associated with your Program account, a statement that you reject the arbitration provision, and your signature. The rejection notice must be sent by you to us at 160 Delaware Avenue, Buffalo, NY 14202. ATTN: LEGAL DEPT., ARBITRATION. Your rejection notice is effective only if it meets the above requirements, is signed by you and we receive it within sixty (60) calendar days after the date we first provide you with the New Era Rewards Terms and Conditions containing the arbitration provision. Subsequent republications or delivery of the New Era Rewards Terms and Conditions will not trigger another right to reject the arbitration provision. Your rejection of this arbitration provision will not affect any other provision of the New Era Rewards Terms and Conditions.
This arbitration provision is governed by the Federal Arbitration Act (the "FAA"). The arbitrator(s) must follow: (1) the FAA; (2) all other applicable substantive law (except when contradicted by the FAA); (3) any applicable statute of limitations; and (4) rules as to valid claims of privilege. Further, the arbitrator(s) shall issue a written decision including the reasons for the award upon either party's request. The decision of the arbitrator(s) will be final and binding, except for any appeal right under the FAA.
This arbitration provision will survive the termination of the New Era Rewards Terms and Conditions or your relationship with us. If any part of this arbitration provision is found to be void or unenforceable under applicable law, all other parts of this arbitration provision and of the New Era Rewards Terms and Conditions will still apply; except that if the Class Action Paragraph is found to be void or unenforceable in any way, this entire arbitration provision shall be deemed void and shall not apply, but all other parts of the New Era Rewards Terms and Conditions will still apply.
VIII. Additional Provisions
A. General Terms
You are responsible for any tax liability related to your participation in the Program. These Terms will be governed by the laws of the state of New York, without regard to any conflict of law provisions. If any part of these Terms is found to be void or unenforceable under applicable law, all other parts of the Terms will still apply. All dollar amounts referred to in these Terms are in U.S. Dollars. We may choose not to enforce, or to delay the enforcement of, any of your obligations or our rights, remedies or limitations under these Terms. However, no such delay, nor choice to not enforce, shall constitute a waiver of that obligation, right or remedy.
B. Modifications and Cancellation
We reserve the right to change these Terms or the Program at any time and in any way (including our right to discontinue or change the expiration date of points earned under the Program or to adjust the number of points earned for certain events). To the extent required by applicable law, we will give you notice if we end the Program or make a major change to it. Your continued participation in the Program after we make changes to the Program or these Terms signifies your acceptance of such changes. We also reserve the right to cancel your participation in the Program (including the revocation of any points), in the event of fraud, abuse of Program privileges or violation of these Terms.
C. Personal Information
Any personal information that you provide to us in connection with the Program will be processed pursuant to our Privacy Policy found online at NewEraCap.com.
D. Liability
By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold us and our respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, including, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers (“Covered Parties”) harmless from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party.
In no event shall any Covered Parties be liable for any indirect, incidental, consequential, special, exemplary, punitive damages or lost profits, even if any or all Covered Parties are or have been advised of the possibility of such damages and you hereby waive any and all rights to any indirect, incidental, consequential, special, exemplary, punitive damages or lost profits from us. Notwithstanding anything to the contrary set forth herein, our cumulative liability to you arising from any cause of action will at all times be limited to the lesser of (i) your actual loss; or (ii) $100. The foregoing disclaimers, exclusions and limitations shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
IX. Contact
If you have any questions or comments regarding the Program, please write to us at: questions@neweracap.com