philosophers rewards loyalty program
terms of service

Dated: July 10, 2023 (“Effective Date”)

 

1. Acceptance of Terms

 

Coty DTC Holdings, LLC (“Coty”, “us”, “our” and “we”) owns and operates www.philosophy.com (the “Site”) that implements the Philosophy Rewards Loyalty Program (the “Program”). The Program, together with the content, incentives and rewards, offered via the Program, is collectively referred to herein as the “Service.” 

 

Your access to the Service is governed by these Terms of Service and the Program benefits listed at https://philosophy.com/pages/terms (together, the “Terms of Service”) which constitute additional terms under the Terms of the Site (the “Terms”) https://philosophy.com/pages/terms governing your use of the Site generally.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.  BY CHECKING THE BOX TO SIGN UP FOR THE PROGRAM AND/OR ACCESSING THE SERVICES, AND/OR BECOMING A MEMBER (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.  IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT CHECK THE BOX OR ACCESS THE SERVICE OR BECOME A MEMBER.

 

THESE TERMS OF SERVICE ARE GOVERNED BY A MANDATORY BINDING ARBITRATION PROVISION CONTAINED IN THE TERMS. REVIEW THE ARBITRATION AGREEMENT IN THE TERMS CAREFULLY (SEE ARBITRATION SECTION), WHICH IS AVAILABLE AT https://philosophy.com/pages/terms. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF SERVICE AND THE TERMS OF THE SITE AND HAVE TAKEN TIME TO CONSIDER THE AFFECT TO YOUR LEGAL RIGHTS.

 

Coty provides the Service subject to these Terms of Service as well as:

• Our Privacy Notice, which is available at https://philosophy.com/pages/privacy-policy.  You acknowledge that all information you provide through the Service is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.  It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information. 
• Our Cookie Policy, which is available at https://philosophy.com/pages/cookie-policy.  Our cookie policy governs our use of cookies and similar technologies on our Site.  It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies. 

 

YOU MAY NOT ACCESS THE SERVICE FROM THIS SITE OR REGISTER FOR MEMBERSHIP IF YOU (A) DO NOT AGREE TO THESE TERMS OF SERVICE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH COTY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THE SERVICES BY APPLICABLE LAW.

 

2. Changes to the Terms of Service and Program

Coty reserves the right, at its sole discretion, to modify or replace the Terms of Service, in whole or in part, at any time. Coty will use reasonable efforts to notify users who register for the Service (“Members”) of any material change at least thirty (30) days in advance of the effective date of any change. Change notices may be communicated by posting an updated version of the Terms of Service on the Site in connection with the Program and, at the discretion of Coty, electronic mail. In any case, Members should periodically check the Terms of Service for changes. Members are responsible for being and remaining knowledgeable as to these Terms of Service. 

 

Coty may in its sole and absolute discretion cancel, change, suspend, or modify any aspect of the Service (including eligibility, the Program, Rewards, and/or Points, all as defined below), including the availability of any Rewards (defined below), at any time, even though changes may affect the value of Points, status levels, benefits, or Rewards already accumulated. Any such changes, cancellation, suspension or modification will be posted on the Site.

 

Continued use of the Service, participation in the Program, access to the Service and/or redemption of Points following such notice of any change to the Terms of Service constitutes Member's acceptance of those changes.

 

For Members of the Program prior to April 25, 2023, please see Section 5 and Section 8 below relating to the transfer and expiration of any accrued and unredeemed points or benefits as of April 25, 2023. If you have elected by written communication to us to forfeit your membership or Points prior to April 25, 2023, these Sections do not apply to you.

 

3. Membership Eligibility

You must be at least eighteen (18) years of age and a legal resident of the fifty (50) United States, District of Columbia, or US Territories, to use the Service. If you do not so qualify, you are prohibited from accessing, using and registering for the Service.  Coty or its affiliates may also have similar customer programs for different brands. Membership in the Program does not confer any rights or benefits in the program of any other program and Rewards and Points are not transferrable between such programs.

 

Employees, officers, directors, agents and representatives of Coty are eligible to be Members but may be excluded from certain promotions, experiences, and other Rewards. You cannot participate in the Program if it would violate your employer’s policies or any of your contractual relationships. The Program is provided to individuals only for their personal use. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Rewards account for the purpose of accumulating Points for combined use.

 

Please note that the above eligibility criteria are subject to change, so if you are currently not eligible to participate in the Program, please check back with us frequently to see if the Program has become available to you.

 

4. Member Registration

To become a Member, each Site user must complete the registration process by providing Coty with current, complete and accurate information, as more specifically required by the then current registration procedures as set forth on https://philosophy.com/pages/rewards-program. No purchase is necessary to obtain membership in the Program. We prohibit registration of, and you agree that you not register to be a Member, for anyone other than yourself.  By way of illustration and not limitation:

• To register for membership, you may be required to provide their name, date of birth, zip code, username, password, valid email address and certain additional information (such as, for example, preferred contact method and products and services of interest);
• To access certain functionalities or features of the Service, Members may also provide access information related to their accounts at social networking sites (such as, for example, Facebook, and Instagram);
• In order to obtain certain components of the Program, Members may be required to provide mobile telephone account information. Members shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Members are entitled to only one account per individual.

Each Member is solely responsible for maintaining the confidentiality of its access credentials and other account information, and will be solely liable for any and all activities under its account. Members shall be responsible for keeping all account information up-to-date. Members agree to notify Coty immediately of any unauthorized use of Member's account or any other breach of security.

Memberships may not be sold or otherwise transferred. We have the right to cancel or suspend your registration for Membership for any reason or for no reason at any time, as determined in our sole discretion.

 

5. How Points are Accumulated

Members earn and accumulate loyalty rewards points (“Points”), by making qualifying purchases on the Site under your account after registration of and while maintaining membership to the Program (“Qualifying Purchase”).

• Members may also earn Points by taking certain eligible actions (such as by engaging in specified activities like visiting or watching videos, or by leaving a qualifying product review, as determined in Coty’s discretion), as further set forth at https://philosophy.com/pages/rewards-program. Methods for earning Points other than making Qualifying Purchases (including certain Points-bearing actions) change frequently without notice and we are not obligated to maintain any Points offer for any specific duration.
• Coty may also, at its sole and absolute discretion, offer and award “bonus” Points for certain actions (such as a sign-on bonus, if available). If bonus Points are available, such offers will be publicized on the Site. Additional rules and restrictions may apply to such bonus Point

Points are not valid unless earned in strict compliance with the relevant requirements, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.

Points will be posted and credited to your Program account on the Site when each applicable Qualifying Purchase ships. Until Points are credited to your account, your Points will show as “pending” in your account.

For Members of the Program prior to April 25, 2023, any remaining non-expired, unredeemed points accrued to your account for activities completed prior to April 25, 2023 will automatically rollover to the current Program under these Terms of Service. For example, if your account reflected 20 non-expired, unredeemed points as of the day prior to the April 25, 2023, you will have those corresponding 20 points reflected in your current account as of April 25, 2023. Any Rewards available as of April 25, 2023 will solely be based upon the then-current Program Rewards. 

 

6. How Points May Be Redeemed and other Points-Based Benefits

The Program allows Members to redeem Points on the Site via their own personal account for specific, then-available Member benefits (the “Rewards”).  Current Rewards offered are available on the rewards program page https://philosophy.com/pages/rewards-program.

The Program may be structured to offer certain benefits based on the Member's current balance of "redeemable" Points (that is, Points that have not previously been redeemed) or "lifetime" Points (that is, all prior Points accumulated by Member, whether previously redeemed or not).

From time to time, Coty may offer benefits or privileges to Members in exchange for redemption of a specified number of Points during a transaction for Qualifying Purchase. The nature of those Rewards, and the number of Points required to obtain such benefits or privileges, shall be established by Coty in its sole discretion. Specific terms and conditions for Rewards will be posted and made available at the time of a transaction for a Qualifying Purchase. You understand and acknowledge that the terms and availability of Rewards may change at any time or from time to time, may be available for limited times, and are subject to change.

 

Coty reserves the right to suspend, terminate, withdraw, revalue or modify, without liability to Members, all or part of the redemption values of Points or other Rewards available in connection with registering for, accumulating, or redeeming Points in the Program. Notice of such changes will be made in accordance with Section 2. Coty reserves the rights to adjudicate all Points discrepancies or inquiries in its sole discretion, and Members agree to abide with any such adjudication. Coty additionally reserves the right to adjust a Member’s account balance if Points were deposited in error. 

 

7. Points Generally

Member acknowledges and agrees that:

• Points have no "real world" or cash value.
• In calculating Points from Qualifying Purchases, shipping, taxes, and purchases made with gift cards are excluded.
• Points have no purpose or use except in exchange for Rewards (if any) offered by Coty.
• Any items, benefits or privileges received as a result of a redemption of Points may not be exchanged or returned for cash or credit.
• Rewards may be time-limited and/or available only in limited quantities.
• Rewards for tangible items are while supplies last and provided on a first-come, first-served basis.
• Members will not be able to redeem Points for a Reward if Member has insufficient Points for such Reward.
• Points earned for a purchase that is then the subject of a return, refund, returned check due to non-sufficient funds, or other credit will (i) be deducted from the Member's account in an amount equal to the Points earned for the original transaction, including bonus Points or (ii) not be posted to the Member’s account, as applicable. Accordingly, Points balances may become negative.
• Points cannot be redeemed by, or sold, assigned, or otherwise transferred to, any other Member of this Program or any other individual.
• Upon termination of Member's registration for any reason, all Points are lost, to the extent permitted by law, regardless of how they were acquired by Member.
• Coty's ability to accurately credit Points to Member's account based on Member's activities at third party social networking sites may be restricted by the accuracy, access, terms, conditions or functions of such sites. Coty is not responsible or liable as a result of any such restriction to award Points or otherwise to the Member.
• Coty's good faith determination of the amount of Points available to any Member hereunder shall be final and binding, and Coty shall not be liable for any improper denial of a Point accrual or Reward.

 

8. Expiration of Points and Benefits Due to Inactivity

Once you register for the Program, if our records indicate that you have not made any Qualifying Purchases within any rolling twelve (12) month period, all accrued but unused redeemable Points will become expired and immediately unusable on the day following the end of that 12-month period. Any benefits available in connection with the then-expired Points will also be forfeited.  Coty may, at its discretion, send you periodic notifications to remind you that your redeemable Points will expire due to Qualifying Purchase inactivity. However, it is your responsibility to monitor your Program account, Point expiry, and activity status. Please note that any Points earned in connection with non-Qualifying Purchase related activities, do count as activity for the purposes of maintaining accrued Points.

 

If you have questions regarding the date of your last Qualifying Purchase, you may call +1-888-857-5840.

 

For Members of the Program prior to April 25, 2023, any remaining non-expired, unredeemed points rolling over to your current account under Section 5 above, will expire due to inactivity twelve (12) months after April 25, 2023.

 

9. Posts, Content or Other Statements Made by You in Connection with the Program: Disclosure of Material Connections

Coty believes in full transparency and in full, fair and effective disclosures of material facts relating to Member’s relationship with Coty.

 

If you receive any compensation from Coty in exchange for promoting Coty and/or its products or otherwise making public statements (including on social media and regardless of whether in text, audio or video) relating to Coty, its affiliates and/or its products or programs, you are required to make clear and conspicuous disclosures of this material connection. Compensation may include the receipt of free product, special access or privileges, Points, discounts and/or other monetary or non-monetary incentives.

 

Coty requires that all Members abide by the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”), as updated from time to time. Member must:

• Be truthful;
• Not make unsubstantiated or misleading claims;
• Respect intellectual property rights;
• Use good judgement and be respectful (e.g. no obscene, libellous, hateful, or illegal content);
• Only use products as intended; and
• Make clear disclosures (and do not rely on social media platform disclosure tools alone).

 

10. Forums

You acknowledge and agree that any discussion forums or other features, where Members may upload, display or transmit user generated content and other information of interest to those Members, including without limitation, messages, information, and any other content that Members post, upload, submit, distribute, publish or display on or through the Program or with other users of the Program are subject to the Terms of the Site https://philosophy.com/pages/terms Section titled “Review”.

 

11. Termination

Coty may terminate any Member's access to all or any part of the Service at any time, with or without cause, effective immediately. Notice of such termination will be made in accordance with Section 2. Further, Coty reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Coty deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms of Service; or (b) damaging, tampering with or corrupting the operation of the Program or Site; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behaviour or activity; or (e) activity deemed in the sole discretion of Coty to be generally inconsistent with the intended operation of the Program. Any decision Coty makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Coty shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms of Service or intent of these Terms of Service.

 

If any Member wishes to terminate its registration and account, Members may do so at any time by sending an email to philosophycares@cotyinc.com including the Member's electronic mail address and specifying which account the termination applies.

 

Upon any termination, all rights and obligations of the parties shall cease and Member shall immediately cease using the Service. After termination, Coty has no obligation to maintain any content in Member's account (including without limitation, records regarding Member's Points, which will be irrevocably forfeited) or to forward any unread or unsent messages to Member.

 

12. CONDITIONS; DISCLAIMER OF ALL WARRANTIES

The Program or any Rewards are void where prohibited by law. If a Reward becomes unavailable, Coty may substitute a benefit of equal or greater value. Program Rewards are not redeemable for cash. Program Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability and Coty shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation. Members may not assign or transfer any Program Rewards.

 

THE PROGRAM, REWARDS AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE PROGRAM, REWARDS AND SERVICE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COTY AND ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. MEMBER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USERS FROM COTY OR THROUGH THE PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. COTY SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS WHETHER SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND COTY’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.

 

13. Limitation of Liability

To the fullest extent permitted by applicable law, Member agrees that Coty shall not be responsible or liable for any unauthorized access to, alteration or use of Members Points or Rewards, transmissions or data, any material or data sent or received or not sent or received through the Service.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COTY OR ANY OF ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE PROGRAM OR SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, WHICH SHALL IN NO EVENT EXCEED US$50.00, EVEN IF COTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

 

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

14. Marketing Communications

If you check the box to receive marketing communication via email during the registration process, Members consent to receive philosophy marketing communications such as emails containing special Member only benefits (such as free gifts with purchase and birthday gifts), as well as information on new features, Rewards, and launches of products and in connection with this Program. Marketing emails can be opted out of by clicking the “unsubscribe” link at the bottom of the email. Transactional and service-related emails regarding Member’s purchases, Rewards, Points, or changes to the Program, will still be received if you have opted out of marketing communications. For more information on how to stop receiving marketing communications, please see our Privacy Policy.

 

15. California Notice of Financial Incentive

This Program may be considered a financial incentive as a loyalty program under California law. To view our notice of financial incentive, please visit: https://www.philosophy.com/terms/privacy-policy.html.

 

16. Contact Us

Any questions regarding the Service may be directed to customerservice@philosophy.com.