MUGLER CIRCLE REWARDS TERMS & CONDITIONS
THESE MUGLER CIRCLE REWARDS PROGRAM TERMS AND CONDITIONS ARE EFFECTIVE AS OF [6, 14, 2023].
The Mugler Circle Rewards program (“The Circle” or “Program”), operated by L’Oréal USA, Inc., is open to legal residents of the fifty (50) United states and District of Columbia who are 18 years of age or older at the time of registration. Void where prohibited.
Membership in The Circle and its benefits are offered at the discretion of Mugler, a member of the L’Oreal USA family of brands. Mugler may, at any time, terminate, change, limit, modify or cancel The Circle or any rules, regulations, benefits or conditions of participation by posting the modified rules on this page. Your continued participation in the program after such posting will constitute your acceptance. By creating an account and enrolling in The Circle, you hereby agree to these Terms and Conditions, which may be updated from time to time by Mugler in its sole discretion. Changes to The Circle program or these Terms and Conditions will be communicated via email or on the Site. By enrolling and participating in The Circle, you further agree that you meet the eligibility requirements set forth below.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED “ARBITRATION AGREEMENT” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST L’ORÉAL USA, INC. ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST L’ORÉAL USA, INC. IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
WHERE TO ENROLL, EARN AND REDEEM PROGRAM REWARDS
If you create a new account with Mugler, you will be enrolled automatically in The Circle. You may create an account at https://www.muglerusa.com (“Site”). To create an account and enroll in The Circle, you must provide your full name, email address, and create a password. Your enrollment will be confirmed with a welcome message at the email address provided which will include your Program enrollment information.
There are three (3) benefit tiers: Explorer, Extraordinary, and Iconic. Tiers are determined based on consumer’s eligible transactions on the Site. A transaction is defined as a purchase or declaring a merchandise code on the Site. The Circle members start at the Explorer tier after one transaction and will qualify to move from Explorer to Extraordinary after two transactions and to Iconic tier after four or more transactions during the member year. There is no minimum limit on purchase on Site. The member year starts the day the customer enrolls in The Circle and lasts for 365 days. Once you qualify for a Benefit Tier, your status is good for the member year and the next calendar year (“Program Period”) in which you qualify. You must requalify for your Benefit Tier every Program Period to maintain your status. If you do not qualify, you will begin the next Program Period at the Explorer tier.
Mugler reserves the right to request additional proof of purchase to validate participation in The Circle or registration of purchases.
You will receive the following program benefits depending on your benefits tier. Benefits may vary from time to time in our sole discretion and more information about the benefits associated with each tier can be found on the Site:
- A special welcome offer
- An annual birthday gift
- Access to special member-only promotions and events
- Free shipping/free samples
Mugler reserves the right to change tiers awarded for purchases or declarations at any time during the Program.
Benefit offers have no cash value, are not legal tender and do not give rise to any property or other interest whatsoever.
Member account spend balances cannot be combined with cash or with another member’s account spend balance to obtain Program benefits. Mugler reserves the right to limit the quantities of The Circle offers redeemed by a single member in a given time period. The Circle offers can only be used by the member. In the event you return a purchase for which you had received The Circle member account spend credit, the return will be deducted from the member account spend balance based on the dollar value of the return.
Mugler may offer limited-time The Circle offers or may make promotional offers selectively available to members, based on purchase activity, geographic location, program participation or other factors.
Mugler reserves the right, without limitation, to terminate, change, limit, modify or cancel any of the above means of earning, with or without notice.
Unless otherwise stated, member account spend balances will be communicated to you via email or accessible by logging on to your account on muglerusa.com. The Circle offers will mature within 48 hours after qualifying purchases.
Notice of Financial Incentive
In connection with The Circle, we may offer financial incentives and/or price or service differences (“Incentives”) to The Circle members based on transactions as further described in these Terms, in exchange for our use of your personal information.
To offer these Incentives, we must track the personal information you provide when you sign up (including through automatic enrollment) or otherwise engage in activities to earn The Circle offers, such as purchase history, participation in Mugler events, and engagement with Mugler as described in these Terms (“The Circle Program Data”).
Only one The Circle account may be associated with a single email address. In the event of a dispute over ownership of a The Circle membership account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
By enrolling in The Circle, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any data that is untrue, inaccurate, not current or incomplete, or if Mugler, in its sole discretion, suspects that your registration data is untrue, inaccurate or incomplete or that you are in any way abusing your membership in The Circle, Mugler reserves the right to suspend, terminate or refuse your participation.
COMMUNICATIONS AND REVIEWING YOUR ACCOUNT INFORMATION
As a member, you will periodically receive emails from Mugler. You may opt–out of the marketing emails at any time, but operational emails will still be sent to you as it relates to your membership in The Circle or your Mugler purchases. Examples of these are: The Circle welcome email, The Circle monthly account statement email, purchase confirmation or status emails or other communications that help us to ensure that your account is monitored.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF MUGLER, L’OREAL USA, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND THEIR PROMOTION AGENCIES (“RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MUGLER IMPROPERLY DENIES A MEMBER ANY INCENTIVES, LIABILITY WILL BE LIMITED TO THE EQUIVALENT VALUE OF THE INCENTIVE BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
By participating in The Circle, each member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities and other expenses (including, without limitation, attorney’s fees) relating to that member’s participation in The Circle, rewards or agreement to these program terms and conditions. Mugler is not responsible for requests or correspondence lost or delayed in the mail..
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASED PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM OR MEMBERSHIP IN THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you By participating in The Circle, each member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities and other expenses (including, without limitation, attorney’s fees) relating to that member’s participation in The Circle, use of member account balance or rewards, or agreement to these Terms.
YOU AND L’ORÉAL USA, INC. AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and L’Oréal USA, Inc. agree that any controversy, claim, action, or dispute between you and L’Oréal USA, Inc., its affiliated companies and their respective officers, directors, employee, agents or contractors arising from or relating to The Circle (“Dispute”), will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
Informal Dispute Resolution. Prior to initiating any arbitration, you must first present any Dispute to L’Oréal USA, Inc. by contacting Mugler Customer Support at our toll free number 877-843-7968 to allow for an opportunity to resolve the Dispute. You or we may initiate arbitration if your Dispute cannot be resolved within 60 days.
Both you and L’Oréal USA, Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Right to Bring Small Claims in Court. Instead of arbitration, either you or L’Oréal USA, Inc. 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.
How Arbitration Works. 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. L’Oréal USA, Inc. will reimburse those fees in an amount up to $10,000. L’Oréal USA, Inc. also 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.
Waiver of Right to Bring Class Actions and Representative Claims. 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 L’Oréal USA, Inc. 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 L’Oréal USA, Inc. 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), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’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.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the State of New York. The terms of the Arbitration Agreement provisions shall survive after your relationship with L’Oréal USA, Inc. and/or participation in The Circle ends. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
GENERAL PROGRAM CONDITIONS AND EXCLUSIONS
Purchases of e-gift cards, addict boxes, travel size products, the samples bar, free gifts with purchase, and any other item without a unique code (e.g. Fountain refill purchases) are not eligible for earning tier status.
The Circle offers and any other benefits associated with the Program cannot be redeemed for cash at any time (unless required by law).
Rewards offers are not valid for use towards the purchase of Mugler gift cards or egift cards, charitable items, promotional value sets, sales tax or shipping charges or combined with any other promotions, coupons or program discounts. Rewards offers may not be applied to previous purchases. Promotion has no cash value. Redemption offers are time-limited or available only in limited quantities.
Member account spend balances may not be combined with another member’s account spend balance, transferred or sold. Member account spend balances have no cash value and cannot be redeemed for cash at any time. Member account spend balances have no purpose or use other than in exchange for benefits, products or services offered by Mugler.
Member account spend balances are not valid unless earned in strict compliance with the requirements set forth and intended by Mugler, and member shall not attempt to earn account spend credit by any means (including without limitation, by using any script, bot, data mine or other automated means) that only simulates applicable requirements. In the case of a dispute regarding the account spend balance available to any member, Mugler’s decision will be final. Upon termination of membership for any reason, all account spend credit will be forfeited and Mugler will not provide cash equivalent for rewards or account spend balances.
By creating an account and enrolling in The Circle, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, or other feature available on or through The Circle, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane, infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, any other right of any party or which otherwise violates Mugler’s Site Terms and Conditions or any other agreement.
You further agree not to upload any content that (a) imposes an unreasonable or disproportionately large load on Mugler’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise; (b) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Mugler, or any third party; (c) creates Member accounts by any automated means or under false pretenses or impersonates any person or entity, including an employee or representative of Mugler; (d) harvests, scrapes or collects any information from muglerusa.com.
Mugler is not responsible for problems related to any of the equipment or programming associated with or utilized by the member; any human error; any interruption, deletion, omission, defect or failure of any network or electronic transmission for whatever reason.
This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, without reference to conflict-of-laws considerations.
If you have questions about your enrollment in The Circle, these Terms and Conditions, Member account spend balance or The Circle in general, please contact Mugler Customer Support at our toll free number 877-849-7968 or Contact Us.