The Club Lilly Loyalty Program Terms & Conditions
1.1. Club Lilly membership is open to any U.S. resident with a valid email address who is at least 18 years of age or older as of the date of enrollment. By joining the Program, you represent that you are at least 18 years old and that you have read and agree to these Terms.
1.2. The Program is digitally operated. Program benefits and information may be communicated by email, mobile messaging, the Website and/or the Lilly Pulitzer app (the “App”) in Lilly Pulitzer’s sole discretion. Communications sent by email or mobile messaging will be sent to the email address or mobile phone number associated with your Program account. You are responsible for ensuring that your email and Program account information (including your mobile phone number if you wish to receive communications sent by mobile messaging) are current and active and if participating using the App, that you have installed the latest version. Lilly Pulitzer is not responsible for undeliverable communications. Program emails will be sent from firstname.lastname@example.org.
1.4. The Program and its benefits are offered at Lilly Pulitzer’s sole discretion. We reserve the right at any time without notice, including retroactively, to expand, alter, terminate, modify, limit, continue or discontinue the Program, or merge the Program, or any part of the Program, into another rewards program later. If the Program is discontinued or merged into another rewards program, Lilly Pulitzer may determine in its sole discretion at any time that any unused Points, Rewards or other benefits will not be carried over into any new program. Similarly, and unless otherwise determined by Lilly Pulitzer in its sole discretion at any time, you will not be entitled to any compensation (in any form whatsoever) for any unused Points, Rewards or other benefits, and the Points, Rewards or other benefits may have a lesser or different value under any new program.
2.1. You must affirmatively opt into the Program. To enroll in the Program, you must provide your first and last name, zip code and a valid email address. Each individual enrolled in the Program (a “Member”) is permitted only one Program account, and only one Program account may be associated with a single email address. Enrolling or attempting to enroll in the Program multiple times using different email addresses is prohibited and will be cause for termination of your participation in the Program.
2.3. Eligible individuals may enroll in the Program online by visiting the Website or App or in a Lilly Pulitzer owned store via the point of sale system at checkout. To enroll online, visit the Program Page or App and follow the prompts to set up a Lilly Pulitzer digital account and enroll in the Program. Eligible individuals who already have a Lilly Pulitzer account through the Website or App may opt into the Program on the My Account page. You must maintain a Lilly Pulitzer digital account to participate in the Program. To enroll in stores, follow the prompts provided by the store associate at checkout to confirm your first name, last name, and preferred email. You will then be prompted to review and accept the Program Terms & Conditions on the point of sale system. Following acceptance of Terms and Conditions, your store purchase will count towards earning Club Lilly points. You may need to finish enrolling and completing your Lilly Pulitzer digital account details (zip code, phone number, birthday) via a link that will be sent to your preferred email address within 24 hours of initiating enrollment and accepting Program Terms & Conditions in store.
2.4. Employees of the Company or its parent or affiliates (collectively, “Employees”) may participate in the Program, subject to applicable policies of the Company and its parent and affiliates. Employees may be excluded from some benefits and offers pursuant to such policies, and terms of participation for Employees are subject to change at any time without notice. Participation in the Program by Employees is entirely voluntary and is not a condition of employment. Employees may use Program membership only for the purchase of products for their own personal use. Fraudulent, abusive or improper conduct in connection with the Program may result in disciplinary action up to and including termination.
As a Club Lilly Member you will earn one (1) reward point (“Point”) for each dollar spent on Qualifying Purchases (defined below). Points are calculated for your order after all gift cards, discounts, Rewards and other promotional offers have been applied, but before sales or other taxes, fees and shipping charges have been applied. Points are only awarded based on full dollars spent; purchase prices will be rounded down to the nearest full dollar amount in order to calculate Points.
- Qualifying Purchases: “Qualifying Purchases” means all Lilly Pulitzer purchases made at Lilly Pulitzer owned store and through the Lilly Pulitzer website or app following the launch of the Program and your enrollment in the Program, but excluding the “Exclusions from Qualifying Purchases” described below. Qualifying purchases made in Lilly Pulitzer owned stores beginning May 2, 2023 and following your enrollment in Club Lilly will also accrue points.
- Exclusions from Qualifying Purchases: The amount of a Qualifying Purchase does not include, and Points will not be awarded on, (a) purchases of gift cards, (b) monogramming or gift wrapping, (c) any products for which all or a portion of proceeds benefits charitable causes and charitable contributions (d) shipping and handling charges, (e) taxes, (f) any other fees associated with your purchase, and (g) any portion of the purchase price paid for by redeeming gift cards, Rewards or other promotional offers. Unless otherwise determined by Lilly Pulitzer in its sole discretion, no Points will be earned for purchases made at Lilly Pulitzer Signature Stores or any other third-party location where Lilly Pulitzer products are sold. Points will not be awarded for any purchase made prior to your enrollment in the Program or to any purchase made prior to March 20, 2023.
You must be signed into your Club Lilly account to receive Points on Qualifying Purchases. For Lilly Pulitzer owned store purchases, you will earn points on qualifying purchases when you identify the email account associated with your Club Lilly account. Points will not be issued until approximately seventy-two (72) hours after the order associated with a Qualifying Purchase is fulfilled.
Lilly Pulitzer may, in its sole discretion, establish and offer limited-time opportunities to earn additional Points based on qualifying engagement activities through the Program, including Bonus Point Days. However, Lilly Pulitzer is under no obligation to offer any such opportunities. Any such opportunities may be offered at any time through any channel (including the Lilly Pulitzer Website or App) in Lilly Pulitzer’s sole discretion and may be subject to additional terms and conditions. You can view the current opportunities to earn Points on the Program Page or your Club Lilly dashboard on the Website or in the App.
Points will expire on December 31st of the second calendar year after the year in which they were earned. For example, Points earned on May 15, 2023 will expire on December 31, 2025.
Program Members have the opportunity to earn rewards for dollars off future eligible purchases through the Lilly Pulitzer website or app or in Lilly Pulitzer owned stores as of July 1, 2023 (each a “Reward”, collectively “Rewards”). Rewards may be subject to additional terms and conditions stated on the Reward, and certain purchases may not be eligible to earn Rewards.
Point Reward: When your Points balance reaches 500 or more unexpired Points, 500 Points will automatically be converted into a Reward that may be redeemed for $10 towards eligible purchases on the Website or the App, subject to the limitations in Section 4.3, Section 4.4, and otherwise in these Terms (a “Point Reward”). Once Points are automatically converted into a Reward, those Points will be deducted from your total Points balance.
Referral Reward: When you refer a brand new Lilly Pulitzer customer using the unique friend referral link available in your Club Lilly dashboard on the Lilly Pulitzer website or in the app (the “Friend Referral Link”) and the friend you refer follows the Friend Referral Link to create a Lilly Pulitzer digital account, opts in to become a Club Lilly Member and subsequently makes a Qualifying Purchase of $100 or more on the Lilly Pulitzer website or app as their first Lilly Pulitzer purchase, you and your referred friend will receive a Reward that may be redeemed for $10 towards eligible purchases on the Lilly Pulitzer website or the app, subject to the limitations in Section 4.3, Section 4.4, and otherwise in these Terms (a “Referral Reward”). Referral Rewards will only be issued for referrals to new Lilly Pulitzer customers who do not have an existing Lilly Pulitzer digital account and have never purchased from Lilly Pulitzer previously. Referral Rewards will not be earned if a referred individual does not opt in to become a Club Lilly Member or if the new Member’s first purchase is in-store or is for an order total of less than $100. There is a limit of five (5) Referral Rewards per existing Member per calendar year, and new Members can only use one Friend Referral Link. If an existing Member sends Friend Referral Links to more than five (5) individuals in a calendar year, only the first five (5) new Members to complete the foregoing requirements will earn a Referral Reward. If you have received a Program Friend Referral Link from a Member, you agree that by creating a Lilly Pulitzer digital account and opting in to become a Club Lilly Member, you are opting into the Program of your own free will and agreeing to abide by these Terms. The referral reward benefit is digital-only, so all qualifying purchases must be made either on the Lilly Pulitzer website or app. Purchases made in Lilly Pulitzer owned stores will not qualify as a first purchase for this referral reward.
Rewards are automatically generated and will typically be issued within seventy-two (72) hours of the date you qualify for the Reward. You will receive an email when a Reward is issued to you. Rewards will be available only in your Club Lilly dashboard on the Website or in the App, and no physical certificates will be issued or mailed, except to those Program Members who request a Reward certificate in accordance with applicable law, including the Americans with Disabilities Act. Any individual requesting, or otherwise requiring, a Reward certificate for this purpose must contact email@example.com or call (888) 725-4559.
Unless otherwise indicated on the Reward, Rewards will expire at 11:59 P.M. Eastern Time on the expiration date reflected on the Reward (which will be ninety (90) days from the date of issuance of Point Rewards and thirty (30) days from the date of issuance of Referral Rewards).
Only you may redeem or use Rewards you earn. Rewards may not be shared, transferred, donated, given away or combined with Rewards earned by other Program Members. Rewards may be applied to eligible purchases on the Website or the App by selecting the applicable Reward in your cart at checkout. Rewards may be redeemed in Lilly Pulitzer owned stores on or after July 1, 2023 by confirming with the store associate at checkout which active rewards you would like applied to your purchase. For security and fraud prevention purposes, we may ask for additional verification prior to the redemption of Rewards. Rewards may not be applied to shipping and handling charges, taxes or any other fees associated with your purchase. Rewards may not be used during Sunshine Sales or other sale events or on discounted products. Rewards may be temporarily disabled within your Club Lilly dashboard during Sunshine Sales or other sale events. Rewards may not be applied to the purchase of third-party merchandise. Rewards may be applied only to the retail price of full-price Qualifying Purchases and will be applied to the single eligible item with the highest retail value in the transaction on which Rewards are used. Multiple Rewards may be applied to a single purchase; however, the retail price of the item to which Rewards are applied must be greater than the amount of the Rewards applied. Each Reward must be applied to a single item and no partial or remainder Rewards will be issued or applied. If Lilly Pulitzer elects in its sole discretion to make available select promotional offers that may be applied to the same purchase as Rewards, then in such event, Rewards will be applied first and the order total will be recalculated before other promotional offers are applied. Rewards may be subject to additional terms and conditions, exclusions and restrictions set forth on the Reward.
Points, Rewards and other Program benefits are promotional, have no cash value, cannot be sold and are not redeemable for cash. References to “earning” or “awarding” Points or Rewards or similar language in these Terms and other Program materials does not imply that Points or Rewards have any value prior to redemption. Only the Program Member who pays for a Qualifying Purchase may accumulate Points for that Qualifying Purchase. Program accounts and benefits cannot be shared or combined with any other person or Program Member. Points offered through the Program may not be transferred, purchased, assigned, auctioned, bartered or traded, including, without limitation, by death or as part of a domestic relations matter. Any attempt to do so is expressly prohibited and will be cause for termination of your participation in the Program. You agree that the Program and any Points or Rewards earned under the Program do not create any property rights whatsoever in your favor. You may be asked to present proof of membership or identification to redeem Rewards.
You can check your available Points balance and Rewards at any time through your Program account. Points will not be awarded or appear in your Program account until approximately seventy-two (72) hours after the order associated with a Qualifying Purchase is fulfilled. If you have questions regarding the Points or Rewards in your account, please contact the Lilly Pulitzer customer service team at firstname.lastname@example.org. We reserve the right to determine the number of Points and Rewards in any Member’s account based upon our internal records. Our good faith determination of the number of Points and Rewards available to any Member shall be deemed to be correct and accurate as reflected in our records and shall be final and binding. We are not responsible for Points, Rewards or other benefits that are not issued, received, applied or refunded because of loss or fraudulent activity or if you are not logged in to your Program account or do not maintain current account information, and such Points, Rewards or other benefits will not be reissued.
If you return all of the merchandise in a Qualifying Purchase, the Points awarded for that Qualifying Purchase will be deducted from your Program account to the extent of available Points in your Program account. If you return some, but not all, of the items purchased in a Qualifying Purchase, the Points awarded for the items returned will be deducted to the extent of available Points in your Program account and Points for only the remaining price paid after all refunds will remain in your Program account. Please allow approximately seventy-two (72) hours after returns processing for your Points balance to reflect any adjusted Point values.
Rewards are applied to a specific item within your order at checkout, as described in Section 4.4. If an item to which a Reward was applied is not returned by the original expiration date of that Reward, that Reward is forfeited and will not be reissued. If an item to which a Reward was applied is returned prior to the original expiration date of that Reward, a new Reward in the same amount will be issued upon processing the return. The new Reward will expire on the date set forth in the new Reward in accordance with these Terms (90 days from issuance of the new Reward for Point Rewards and 30 days from issuance of the new Reward for Referral Rewards). Please allow approximately seventy-two (72) hours after returns processing for new Rewards to appear in your Club Lilly dashboard. Items to which Rewards were applied must be returned using the online returns form available on the Website and may not be returned in stores.
You may become eligible to receive certain Program benefits based on your cumulative spend or other engagement with the Program. Any benefits offered under the Program are subject to change at any time without notice in our sole discretion and may be offered on a limited basis. Please note that certain Program benefits may only be offered on the Website or App and will not be available in stores. You can view the current benefits on the Program Page.
As a Program Member, you will receive an annual, one-time use promotional code for a birthday treat of 15% off a single total full-price Qualifying Purchase through the Lilly Pulitzer Website or App or in Lilly Pulitzer owned stores made during your birth month (the “Birthday Benefit”). To be eligible to receive the Birthday Benefit, you must have your birthday saved to your Program account prior to the first day of your birth month. The Birthday Benefit will be issued on or around the first day of your birth month. To redeem your Birthday Benefit, you must enter the promotional code for your Birthday Benefit at the time of purchase online or have the birthday offer selected by the store associate to apply to your purchase at checkout in stores. Birthday Benefits are non-transferrable, have no cash value and are for one-time use only. If you return the item(s) to which your Birthday Benefit was applied, your Birthday Benefit will not be reinstated. The Birthday Benefit will expire at 11:59 P.M. Eastern Time on the last calendar day of your birth month. Birthday Benefits may be subject to additional terms and conditions stated on the Birthday Benefit. Some exclusions may apply.
Lilly Pulitzer may, in its sole discretion, offer a gift or other Program offers (“Annual Member Gift”) for Club Lilly Members who reach a cumulative spend threshold (the “Annual Spend Threshold”) on Qualifying Purchases during a calendar year (January 1 through December 31). The Annual Spend Threshold and the Annual Member Gift for any year will be determined and announced by Lilly Pulitzer in its sole discretion and may differ from year to year. To be eligible to receive an Annual Member Gift, the amount of Qualifying Purchases made by a Club Lilly Member during the applicable calendar year must meet or exceed the Annual Spend Threshold for such calendar year. Purchases made prior to the launch of the Program or the Member’s enrollment in the Program are not eligible to be counted toward the Annual Spend Threshold. Purchases which are not Qualifying Purchases (including without limitation purchases made in Lilly Pulitzer retail stores prior to May 2, 2023) are not eligible to be counted toward the Annual Spend Threshold. Purchases made by a Club Lilly Member may not be combined with purchases made by any other Club Lilly Member or any other person for the purpose of reaching the Annual Spend Threshold. Annual Member Gifts are non-transferrable and have no cash value. Annual Member Gifts may be subject to additional terms and conditions.
As a Club Lilly Member, you may receive limited time, surprise offers throughout the year. These offers will be featured in your Club Lilly dashboard in the Lilly Pulitzer Website or App. You may also receive emails, mobile messages and/or push notifications regarding these offers, pursuant to your communications settings and preferences. These offers will be subject to specific terms and conditions stated in the offer, and exclusions may apply. Surprise offers are non-transferrable and have no cash value.
Lilly Pulitzer may, in its sole discretion, establish and offer limited-time, early access opportunities to preview and purchase Lilly Pulitzer products through Club Lilly before such products are released to the public. However, Lilly Pulitzer is under no obligation to offer any such early access events. Any such events may be offered at any time through any channel (including the Website or Club Lilly dashboard) in Lilly Pulitzer’s sole discretion and may be subject to additional terms and conditions. Exclusions may apply.
When you reach a cumulative spend of $1,000 in Qualifying Purchases in a single calendar year, you will unlock the following tailoring credits which may be applied to the purchase of full-price merchandise in Lilly Pulitzer owned Stores or online through the Lilly Pulitzer Website or App (“Tailoring Credits”):
- $25 off one dress priced at $175 or more; and
- $20 off one dress, pair of pants or skirt priced at $125 or more.
You must present your Tailoring Credit(s) at the time of purchase in store or select to redeem during checkout online. Tailoring Credits have no cash value and are for one-time use only. If you return the item to which a Tailoring Credit was applied, that Tailoring Credit will not be reinstated. You are not required to have items tailored in order to redeem the Tailoring Credit, and Lilly Pulitzer is not responsible for tailoring or altering any merchandise. You may not return an item that has been tailored or altered in any way. Lilly Pulitzer is not responsible for any difference in price if the actual cost to tailor an item is greater than the Tailoring Credit. Tailoring credits expire 90 days after issuance. Additional terms may apply. Exclusions may apply.
We may offer the opportunity to subscribe to promotional text messages in connection with the Program. By checking the box to opt into the receipt of text messages from the Company, you consent to receive automated marketing by text message from the Company or any of its designated vendors, including autodialed or prerecorded marketing mobile messages, at the telephone number you provided, and accept and agree to be bound by the Mobile Messaging Terms and Conditions contained in our Terms and Conditions. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system. Consent to receive promotional text messages is not a condition to participate in the Program. Message and data rates may apply.
If you initially opt out of receiving text messages from the Company but later would like to opt into receiving text messages, you can do so at any time through your Program account or by contacting the Lilly Pulitzer customer service team at email@example.com.
Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages or no longer agree to the mobile messaging terms and conditions contained in our Terms and Conditions, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any mobile message from the Company or sent on behalf of the Company to opt out of the promotional text message program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.
You represent and warrant that you are the subscriber and/or the regular user of the telephone number that you provided to us. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, because of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in the Program.
You may cancel your membership in the Program at any time by emailing firstname.lastname@example.org or by calling (888) 725-4559. If you cancel your Lilly Pulitzer digital account, you will also cancel your membership in the Program. When you cancel your membership, you will forfeit all Program benefits including existing and pending Points and Rewards.
or by calling (888) 725-4559.
10.1. These Terms shall be interpreted and applied to give the Company maximum control of the administration of the Program. All decisions by the Company with respect to the administration of the Program are final and binding.
10.2. The Program and its benefits are offered at our sole discretion. We reserve the right to change, modify, cancel, or terminate the Program, the Program benefits, or these Terms from time to time in our sole discretion, without notice and without any further obligation to you, even if such actions by us affect the value of Rewards or benefits already accumulated or earned and/or your ability to redeem such Rewards or benefits. The Company may also, as a courtesy only, send updates via email or notify you that there are updates the next time you make a purchase at a participating location; doing so does not create any obligation for the Company to do so again in the future. If you disagree with any changes, your sole remedy is to cancel your membership in the Program.
10.3. We reserve the right, in our sole discretion, to terminate any Member’s participation in the Program for any reason without notice, including, but not limited to, a Member’s failure to comply with these Terms or the Terms and Conditions of the Website, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem to be inconsistent with these Terms and/or the Program. If your membership in the Program is cancelled by you or terminated by us, you will lose all Points and Benefits in your account and all other benefits at the time of such cancellation or termination.
11.1. Corporations, groups, associations, commercial customers and others purchasing items for resale are not eligible for membership in the Program. By enrolling in the Program, you expressly acknowledge and agree that you will not offer for sale or otherwise engage in any commercial activity (or permit any third parties acting on your behalf to do so) in relation to any products or services purchased using your Program account or acquired in connection with your participation in the Program. Acceptance of an order by us does not constitute a waiver of our rights under this provision. We may place limits on purchases and reject purchases or orders, and Points, Rewards and other benefits will not be earned, awarded or available, for transactions which we have determined in our sole discretion violate the spirit of this section. If you are suspected of breaching this provision, in addition to immediately suspending your Program membership and shopping privileges with the Company, you agree that the Company may pursue all legal and equitable remedies available against you or anyone acting on your behalf for such breach of contract, including but not limited to, monetary damages, injunctions and/or other remedies.
11.2. Any abusive or fraudulent use of the Program, including without limitation deception, forgery, fraudulent referrals, attempting to earn Points or redeem Rewards for purchases not made by you, reselling products or Rewards and violations of Lilly Pulitzer intellectual property or other rights, is strictly prohibited. If we notice, suspect or are informed of any potential unusual or suspicious activity related to your account, or if we determine that you have violated these Terms, we reserve the right in our sole discretion to limit or terminate your account (including but not limited to suspending, deactivating and/or terminating your account, removing Points, Rewards or other benefits and prohibiting you from participating in the Program or other promotional programs in the future) with or without notice to you. We may, among other things, restrict orders placed by or under the same customer account, the same credit card, Program account, and/or orders that use the same billing and/or shipping address, including orders or related accounts on our affiliates’ websites. Should you notice or suspect that limitations have been applied to your account, please call (888) 725-4559 or contact us at email@example.com. All decisions made pursuant to this section are at Lilly Pulitzer’s sole and final discretion. We also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. We may modify this policy at any time without prior notice.
12.1. Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, are expressly limited as follows:
12.2. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES 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, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.4. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
13.1. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM AND/OR YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.
14.1. GOVERNING LAW. The Program and these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and, as applicable, the Federal Arbitration Act, without giving effect to any conflict of law provisions.
14.2. ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND SUGARTOWN WORLDWIDE LLC, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND/OR ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE PROGRAM, THE WEBSITE, THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITE CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE PENNSYLVANIA OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN PHILADELPHIA COUNTY, PENNSYLVANIA OR, AT LILLY PULITZER’S ELECTION, IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
14.3. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE PROGRAM, TO THE WEBSITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE PROGRAM OR THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE PROGRAM OR WEBSITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS.
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Sugartown Worldwide LLC and may be registered in the United States and internationally.
You are responsible and liable for any applicable federal, state or local income, sales, use, or other taxes which may result from your participation in the Program.
For information about the Program or if you have any concerns regarding your Program account, contact our customer service team via email at firstname.lastname@example.org or by telephone at (888) 725-4559.