EMFYSIS Rewards Program Terms and Conditions
1. Membership & Eligibility
The EMFYSIS Rewards Program (“Program”) is a rewards program offered by EMFYSIS by Amphora LLC ("EMFYSIS", "Amphora", "Company") to its customers located in the U.S. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Affiliates, agents, and representatives of EMFYSIS or Amphora are eligible for Membership but may be excluded from certain promotions. You must be age 13 years or older and a legal resident of the United States to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.
BY PARTICIPATING IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER.
Affiliates of EMFYSIS may also have similar customer programs. Membership in the Program does not confer any rights or benefits in the program of any other EMFYSIS affiliate.
2. Earning and Redeeming Program Rewards
Under the Program, members (“Members”) earn one (1) Beauty Buck for every U.S. or dollar spent online on merchandise, excluding the purchase of e-gift cards, gift cards, taxes and/or shipping) on EMFYSIS.com. You must access your EMFYSIS.com account (“Account”) and be logged into your Account to have Beauty Bucks your Beauty Bank.
Subject to the Termination provision of these Terms, Beauty Bucks do not expire. Beauty Bucks may be redeemed for rewards (“Rewards”) to be determined by in its sole discretion; provided, however, that in order to redeem your points for any Reward, you must (1) accumulate a minimum number of points as established by EMFYSIS and (2) make an additional purchase of merchandise from EMFYSIS at the time that you redeem your points. Members are able to redeem no more than one of each Reward per transaction. Members cannot redeem more than 10 of any one unique Reward SKU per year. Beauty Bucks have no cash value and can only be redeemed for Rewards. EMFYSIS may, in its discretion, allow Beauty Bucks to be redeemable for other items of merchandise from time to time. However, Beauty Bucks are never redeemable for cash.
Rewards are available with point redemption while supplies last and substitutions by EMFYSIS may occur. If your online order is not completed during the same visit, the Rewards will be removed from your shopping basket and may no longer be available.
Members are not required to redeem a Reward during checkout. Due to the limited nature of the free deluxe Rewards, we regret that we are unable to reship Rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact EMFYSIS customer service. Otherwise, Rewards may not be returned or exchanged. Rewards are shipped with merchandise purchases ONLY.
3. Program Special Events
EMFYSIS may offer Rewards through special events in exchange for a certain number of accrued Beauty Bucks, from time to time and at its sole discretion. These special events Rewards offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited and customers must be Members in order to redeem special events Rewards offers. Members may only redeem one of each Reward per transaction and must have the sufficient number of Beauty Bucks available at time of redemption. Beauty Bucks will be deducted at time of redemption.
Beauty Bucks and Rewards are non-transferable, have no cash value (unless required by law) and cannot be exchanged, sold or returned. EMFYSIS is not responsible for lost, stolen or damaged rewards. Members are responsible for any taxes incurred. Rewards are subject to change, alteration, substitution, or termination by EMFYSIS in its sole discretion at any time. See specific Reward offers for any additional terms and conditions.
5. Communications with EMFYSIS
As a Member or by participating in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from EMFYSIS. By signing up to join the Program, you will automatically be subscribed to receive Program emails.
6. Opting Out of Communications with EMFYSIS
If you do not wish to receive these communications, you can request that they be discontinued by updating your customer profile at www.EMFYSIS.com or by emailing us.
7. Changes, Termination and/or Removal from Program
EMFYSIS may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the EMFYSIS website. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
EMFYSIS reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of EMFYSIS may subject members to Membership revocation and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the Member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. EMFYSIS reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EMFYSIS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON EMFYSIS'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM EMFYSIS AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright © 2015-2017 EMFYSIS BY AMPHORA LLC. ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of EMFYSIS and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of EMFYSIS or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission from EMFYSIS or Amphora is strictly prohibited.
EMFYSIS.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of EMFYSIS and may not be used in connection with any product or service that is not offered by EMFYSIS in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EMFYSIS. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The provisions of this Program are intended to be interpreted in a manner that makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by EMFYSIS, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.