Kiehl’s Recycle and Be Rewarded Program Terms And Conditions
Effective October 1, 2016
Participation in the Kiehl’s Recycle and Be Rewarded program is voluntary. You need not join to purchase products at Kiehl’s. You need to provide both your first and last name OR a valid email address to participate in the Recycle and Be Rewarded Program. You must be at least 13 years old to sign-up and participate.
Participation in Kiehl’s Recycle and Be Rewarded and its benefits are offered at the discretion of Kiehl’s. Kiehl’s may, at any time, terminate, change, limit, modify or cancel the Recycle and Be Rewarded Program or any rules, benefits or conditions of participation by posting the modified terms on the Kiehl’s website and/or by communicating any changes in stores or by email. By participating in Kiehl’s Recycle and Be Rewarded Program, you hereby agree to these Terms and Conditions which may be updated from time to time by Kiehl’s in its sole discretion and that you meet the eligibility requirements. Changes to Kiehl’s Recycle and Be Rewarded Program or these Terms and Conditions will be communicated via email or on the Kiehl’s website.
General Program Conditions and Exclusions
How it works: Provide your first and last name or email address to the Kiehl’s employee each time you return an empty Full Sized Kiehl’s Product for recycling. The Kiehl’s employee will mark down the number of Full Sized products recycled on your customer account at the point of sale. When you have reached the 10 recycled full sized containers count, you will be eligible for a Kiehl’s Travel Collection Product (a "Reward") at a Kiehl’s retail location. Customers will also receive one recycle count when using a Kiehl’s tote bag while shopping in a Kiehl’s retail location. Deluxe samples and complimentary products may be recycled at Kiehl’s but do not qualify as one of the 10 products needed to receive a Reward.
Exclusions: Each customer is only eligible for one Reward through the Recycle and Be Rewarded Program (ten (10) empty recycled full-sized containers = one (1) Reward of a Kiehl’s Travel Collection Product at a Kiehl’s retail location). Only available at Kiehl's Retail Store locations in the United States. Not valid online or at Kiehl's Department Store locations, Kiehl's by mail, or Kiehl's Duty-Free/Airport Stores. Kiehl’s Recycle and Be Rewarded Program Rewards cannot be redeemed for cash at any time (except where required by law), and participants have no property interest or right in the Recycle and Be Rewarded Program whatsoever.
Abuse or Misuse: In order to receive the benefits of the Kiehl’s Recycle and Be Rewarded Program, you must strictly follow the requirements of these Terms and Conditions, and Kiehl’s reserves the right to terminate your participation for any violation of the program Terms and Conditions or for any reason whatsoever. Upon termination for any reason, all credit towards a Reward will be forfeited and Kiehl’s will not provide cash equivalent for recycled bottles or any portion of the Reward.
Communications from Kiehl’s
If you sign-up for the Recycle and Be Rewarded Program by providing your email address to us, you may periodically receive emails from Kiehl’s, including emails about Kiehl’s Recycle and Be Rewarded Program and other promotions and ads that may be of interest to you. You may opt-out of the marketing emails at any time by clicking the unsubscribe button at the bottom of our emails or contacting us, but we reserve the right to send you emails regarding the Recycle and Be Rewarded Program will still be sent to you. If you wish to stop receiving all email from Kiehl’s, you must also end your participation in this Program or sign-up by providing on your first and last name. To review or change the way your Recycle and Be Rewarded participation is recorded, please contact us as provided below or speak with a Kiehl’s Customer Representative in one of our stores.
Legal Disputes & Arbitration
Kiehl’s and participants each agree that any dispute, claim, or controversy arising from these Terms and Conditions, the Recycle and Be Rewarded Program, the Rewards, and any other member benefits from or relating to this Program and your participation ("Dispute") will be resolved by binding arbitration conducted in the State of New York. You and Kiehl’s agree to give up the right to go to court to assert or defend legal rights (except for small claims, as described below). You and Kiehl’s expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Agreement. Instead of arbitration, either you or [INSERT] 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.
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 another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Kiehl’s waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
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 Kiehl’s 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 Kiehl’s hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member) to the extent it involves covered Disputes, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind to the extent it involves covered Disputes. If a court decides that applicable law precludes enforcement of any of this section’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
This Program and these Terms and Conditions will be governed by and construed under the Federal Arbitration Act, where applicable, and the substantive laws of the State of New York, without reference to conflict–of–laws considerations.
If you have questions about participation, these Terms and Conditions, and the Kiehl’s Recycle and Be Rewarded Program, please contact your local Kiehl’s store or Kiehl’s Customer Support at our toll free number 1-800-543-4572.