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Terms of Use – Treat Yourself Program

 

CUSTOMER MUST READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE TREAT YOURSELF PROGRAM AND RELATED WEBSITE(S) (the "Program"):

 

The Program is managed by MOROCCANOIL Israel, Ltd. or its affiliates or subsidiaries ("Moroccanoil"). The Program is offered to customers who qualify under the Program terms (the “Customer(s)”). The Program is conditional on Customer’s acceptance without modification of the terms, conditions, and notices contained herein. Customer’s use of the Program constitutes its agreement to all such terms, conditions, and notices. If Customer does not agree to these terms, Customer may not use this Program.

 

The Program was created to offer Sephora’s customers the full Moroccanoil brand experience. In particular, any Customer who either (1) purchases a Moroccanoil travel-size hair or body kit at a Sephora store; or (2) purchases over $50 in Moroccanoil products on Sephora.com, will receive a TREAT YOURSELF card (the “Card”) with a unique ID. Customer then visits the www.moroccanoil.com/treatyourself website and finds a participating Salon (“Salon”) using the Program’s designated salon locator to book an appointment. Customer presents the Card with the purchase of any salon service to receive a complimentary 0.85 FL.OZ / 25 ml Moroccanoil Treatment.

 

Moroccanoil specifically reserves the right to amend, alter, withdraw or terminate access to the Program for any or all Customers, as well as any program, benefit or redemption associated with the Program or the below rules either with or without notice.

 

In particular, Customer acknowledges the following:

 

  1. The Program is valid from October 15, 2016 through March 15, 2017;

  2. The Program is only offered to Sephora Customers who receive a Card for the Treat Yourself Program;

  3. In order to redeem under the Program, Customer must (1) purchase a Moroccanoil travel-size hair or body kit at a Sephora store or over $50 in Moroccanoil products on Sephora.com; and (2) present its Card with the purchase of a salon service at a participating salon. Salon services acceptable for redemption are determined at the discretion of the salon.

  4. Customer can only redeem for a 0.85 FL.OZ / 25 ml Moroccanoil Treatment Original or a 0.85 FL.OZ / 25 ml Moroccanoil Treatment Light and only while supplies last. Customer cannot redeem for any other Moroccanoil brand product or for a product from another salon brand.

  5. The Card may only be used once;

  6. The Card has no monetary value whatsoever and cannot under any circumstances form the basis of a monetary claim against Moroccanoil and/or Salon. The Card will be declared void if sold, exchanged or transferred. As a result, Customer may be excluded from the Program.

  7. The Card is personal and cannot be assigned, traded, willed or otherwise transferred and any assignment or transfer will be void and may, at the discretion of Moroccanoil, result in the loss of participation in the Program or the cancellation of the Card;

  8. Moroccanoil reserves the right to change the terms, conditions, and notices under which the Program is offered. Customer is responsible for regularly reviewing these terms and conditions.

  9. Moroccanoil assumes no liability to Customer whatsoever, including without limitation, liability by reason of the cancellation or any type of amendment to the Program, in whole or in part, the addition or deletion of any type of redemption with or without notice, and the accuracy or safe reception of any redemption by Customer;

  10. Moroccanoil assumes no liability in respect to the use of the Card or the redemption process under the Program. Customer agrees that Moroccanoil and any of its affiliates, subsidiaries or representatives are not responsible for, and Customer hereby releases Moroccanoil from, any and all liability arising as a result of, any accident, loss, injury or damage caused in connection with the use of the Card or the redemption process under the Program, including but not limited to any salon services performed on Customer by the participating salon or any use of the Program’s website at www.moroccanoil.com/treatyourself;

  11. Participation in the Program is a privilege which can be revoked by Moroccanoil at its sole discretion, at any time, and without compensation, including without limitation, in the case of abuse by the Customer or any other actions deemed by Moroccanoil, acting in its sole discretion, to be deleterious to Moroccanoil, the Program or the interests of its partners;

  12. Customer shall be responsible for any taxes, departure fees, security charges, levies or other charges imposed by or with the authority of any government or governmental authority in respect to any purchases made at a Sephora store or on Sephora.com, the purchase of any salon service or any type of redemption under the Program;

  13. Customer information may only be given to Customer or to a person designated by Customer in writing;

  14. Moroccanoil will be the final authority as to the interpretation of these Terms of Use;

  15. Customer acknowledges and agrees the obligations and undertakings of the parties will be performable in Los Angeles, California. The Program shall be governed by and construed in accordance with the laws of the State of California. If any action is brought to enforce or interpret the Program or these Terms of Use, venue for the action will lie in Los Angeles, California;

  16. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein;

  17. Moroccanoil makes no warranties or representations about the completeness, correctness, accuracy, adequacy, usefulness, timeliness or reliability of the Program’s content;

  18. IN NO EVENT SHALL MOROCCANOIL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MOROCCANOIL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THIS PROGRAM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER;

  19. The entire content included in the Program, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of MOROCCANOIL. The collective work includes works that are licensed to MOROCCANOIL. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to MOROCCANOIL, or other respective owners that have granted MOROCCANOIL the right and license to use such Marks.
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