SUPREME PERKS ® Membership and General Terms/Conditions
Last Updated: June 5, 2013
ELIGIBILITY AND PARTICIPATION.
1. The Supreme Perks® program is sponsored by Perry Ellis International, Inc. and its affiliates (collectively, “PEI”).
2. To enroll in the Supreme Perks® program (“Supreme Perks®”), you must provide your full name, email address and mailing zip code (collectively, the “Member Information”) at any Perry Ellis, Original Penguin or Cubavera retail store located in the United States or Puerto Rico (the “Participating Retail Stores”) or online at the following web addresses: www.perryellis.com, www.originalpenguin.com, www.cubavera.com or www.rafaellasportswear.com (the “Participating Online Stores”). You must provide a valid e-mail address and opt-in to receive e-mail communications from Supreme Perks® in order to be eligible to receive any benefits associated with Supreme Perks®.
3. Supreme Perks® membership ("Membership") is open to all individuals of at least 13 years of age. Commercial customers and others purchasing items for resale are not eligible for membership. Employees of Perry Ellis International, Inc., its affiliates and subsidiaries, and their spouses and children under the age of 23 living at home are not eligible for this Membership.
4. Membership is nontransferable and subject to present and future program rules. Membership is valid only at Participating Retail Stores and Participating Online Stores. Enrollment becomes effective and acceptance of these terms and conditions begins when a new member enrolls in Supreme Perks® however, members can opt-out at any time as explained more fully below. Once a member joins, perk points will begin to accumulate for all future purchases- there is not retroactive accrual of perk points.
EARNING POINTS AND REWARDS
1. Shop at any Participating Retail Store location and present your Member Information at checkout or log-in to your Supreme Perks® account and shop online at the Participating Online Stores. Receive one (1) perk point for every dollar you spend on qualifying purchases. All purchases made online at Participating Online Stores will be converted to U.S. dollars for the purpose of calculating perk points.
2. No perk points will be earned for any purchases made outside of Participating Retail Stores, Participating Online Stores or for purchases made at any specialty department stores.
3. For every 250 perk points you earn, you will receive a $25 reward certificate applicable towards your next purchase at a Participating Retail Store or Participating Online Store (the “Reward”).
4. Special promotions may be offered where additional perk points may be earned under certain conditions.
5. Points will post to member’s account within approximately five (5) business daysfrom in-store purchase or on-line purchase. No adjustments to member’s account ("Account") will be made after 90 days from the actual purchase date.
6. Perk point calculations are based upon dollars spent at checkout on eligible purchases less any dollars spent on sales tax, state fees, shipping charges, delivery charges or restocking fees.
7. Members do not earn perk points for the amount of any Rewards redeemed, discounts or coupons applied. When members return products to the store or by mail, perk points previously posted to member’s account for that purchase will be deducted from member’s account. Other exclusions may apply.
Once a member reaches 250 perk points, a Reward will
automatically be issued. It may take up
to five (5) business days from when the perk points
2. Members in good standing may earn an unlimited amount of Rewards per year.
3. Rewards are only valid in the United States and Puerto Rico.
4. If shopping at a Participating Retail Store, you may combine Rewards in one purchase. Rewards may be used in conjunction with most other discounts or offers toward the purchase of products. Some exclusions may apply. If the total Reward exceeds the purchase amount, no change will be provided and any award amount over the purchase price will be forfeited.
5. If shopping at our Participating Online Stores, Rewards may not be combined. When using multiple Rewards while shopping at our Participating Online Stores, be sure to make your purchases in separate transactions and use a separate Reward code at checkout. Please remember when shopping online, in order for the Reward code to be accepted at check-out, you must make a minimum purchase of U.S. $25.00 (the amount of the Reward certificate). Notwithstanding the foregoing, Rewards may be used in conjunction with most other discounts or offers toward the purchase of products. Some exclusions may apply.
6. Rewards are not valid on prior purchases, certain products and services, purchase of Gift Cards and eGift Cards, or for tax or state fees. Rewards are not redeemable for cash and no change/currency will be given for certificate redemption. Members may be notified of additional ineligible products and services. Other restrictions may apply. Lost, stolen, or expired Rewards will not be replaced.
7. Rewards do not constitute property of the member. Rewards are not transferable by the member (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise.
8. All perk points and subsequent Rewards must be earned and used according to the terms and conditions of the Supreme Perks® program. PEI has the right to make the final decision on whether a purchase qualifies for Supreme Perks®.
9. If there are no purchases or perk points from any source posted to a Supreme Perk® member’s account for six (6) consecutive months or (180) days, the account is subject to closure and termination, including forfeiture of all accrued perk points.
OTHER TERMS AND CONDITIONS
1. By becoming a member of Supreme Perks®, members agree to receive advertising, marketing materials and other communications from PEI except where expressly disallowed as a profile preference. The PEI logo, Supreme Perks® logo and other logos and taglines are the intellectual property of PEI. Membership rules are void to the extent where prohibited by law. Taxes may apply where required by law.
2. PEI may change the Supreme Perks® rules, regulations, benefits, conditions of participation, or perk point levels for rewards, in whole or in part, at any time without notice, even though changes may affect the value of the perk points already accumulated. PEI may change or terminate program partners, withdraw, limit, modify or cancel any reward, increase the perk points required for any reward, modify or regulate the transferability of rewards or benefits, institute or add reward blackout dates or limit the number of rewards for use by any one individual on any one purchase.
3. PEI may, at any time, terminate or modify the Supreme Perks® program and program rules without any further obligations to members.
4. Abuse of the Supreme Perks® program, including failure to follow program policies and procedures, the sale or barter of Rewards, product, perk points or promotional offers, using multiple Rewards accounts in an effort to abuse the Supreme Perks® program, and any misrepresentation of fact relating thereto or other improper conduct as determined by PEI in its sole judgment, may result in cancellation of the member’s account and future disqualification from program participation, forfeiture of all perk points accrued, cancellation of previously issued but unused reward Rewards, and termination of the business relationship with PEI. In connection with the enforcement of any of the terms and conditions governing the Supreme Perks® program, PEI reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys’ fees and court costs.
5. PEI reserves the right to interpret and apply the policies and procedures communicated in these terms and conditions. All determinations by PEI shall be final and conclusive in each case. These terms and conditions supersede all previously published terms and conditions.
6. As a condition of membership, Supreme Perks® members may receive print/electronic point statements, Supreme Perks® updates and other related materials at the discretion of PEI. PEI reserves the right to cease mailing of Supreme Perks® updates and related materials to any Supreme Perks® member.
7. A member can view his or her account activity online on the website of any Participating Online Store. For information about an individual account or any other program-related questions or information contact PEI by email at email@example.com or by telephone, at 1-800-249-6985.
8. PEI reserves the right to make Supreme Perks® points and promotional offers available to select members based on purchase activity, geographic location, program participation, or information supplied by the member.
9. A member may cancel his or her Membership at any time by notifying PEI by email or telephone. PEI, in its sole discretion reserves the right to cancel an individual Membership.
11. This Agreement shall be governed by and construed under the laws of Florida, without reference to conflict of law provisions. Any legal proceeding, regardless whether on the basis of contract, tort, or any other basis, arising out of the use of, or in connection with, Supreme Perks® or these terms and conditions, must be brought exclusively in a court of competent jurisdiction in Miami-Dade County, Florida. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effectuate the intent of these terms and conditions, and the remainder of these terms and conditions will continue in full force and effect. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with Supreme Perks® shall be resolved individually, without resort to any form of class action.
NO WARRANTY. PEI AND ITS AFFILIATE ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SUPREME PERKS® OR ANY PRODUCTS OR SERVICES RELATED THERETO AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES.
RELEASE OF LIABILITY. MEMBER HEREBY RELEASES PEI AND ITS AFFILIATE ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM OR RELATING TO SUPREME PERKS®, MEMBER'S MEMBERSHIP IN SUPREME PERKS® OR THIS AGREEMENT.