VIP Rewards Terms & Conditions
The Aerosoles VIP Rewards Program (“Program”) is a promotional marketing program for the purpose of targeted direct marketing to customers of Aerogroup Retail Holdings, Inc., its parent, subsidiaries and affiliates (“Aerosoles”). All Aerosoles Retail, Outlet, Catalog and Web customers purchasing in the United States are invited to become Program members (“Members”) by completing an enrollment application in one of the following ways: (1) by visiting a participating Aerosoles store; (2) by visiting www.Aerosoles.com; (3) by calling 800-798-9478; or (4) by accepting and using the Aerosoles membership card sent to a select group of existing Aerosoles VIPs. There are no fees to join. Members must be legal residents of the United States and at least 18 years of age. Employees of Aerosoles and immediate family members of employees are not eligible for the Program.
No purchase is necessary to join the Program but purchases are required to earn Points and Rewards Certificates, as explained in more detail below. At the time of purchase in an Aerosoles store or via telephone, Members must provide a Program membership card or, in the alternative, may request membership verification by providing to the Aerosoles sales associate one of the following for database lookup: a registered phone number, name and street address or e-mail address. At the time of purchase online at www.Aerosoles.com, Members must sign in with their registered username and password.
A Program Member’s Points account (“Rewards Bank”) has no fixed value, cannot be redeemed for cash, and cannot be transferred to other individuals and Points for Qualifying Purchases have no monetary value. Points are not earned at the time that gift cards or gift certificates are purchased or that merchandise credits are issued. However, Points are earned at the time that merchandise credits, gift cards and gift certificates are redeemed for Qualified Purchases.
Rewards Banks, cannot be combined with the Rewards Banks of other Members and may only be used by an individual Member for the Member’s personal benefit. By accepting membership in the Program, the Member agrees that the Points and benefits associated with the Program do not create any property rights in favor of the Member or anyone else.
In the event that there is no activity in a Member’s Rewards Bank for a twenty-four month period the Rewards Bank is automatically terminated and the balance of any Points in the Member’s Rewards Bank is forfeited. Former Members may re-enroll in the Program, however, previously forfeited Points will not be credited and the Member will start with a balance of zero Points until Qualifying Purchases are made.
If you believe Qualifying Purchases have not been credited accurately to your Rewards Bank account, please contact the Program Hotline at 800-798-9478, visit www.Aerosoles.com, or write to: Aerosoles, P.O. Box 1916 Edison, NJ 08818-1916. Claims require a receipt and must be filed within 60 days from the transaction date on which Points are believed to have been earned.
In the event that Aerosoles experiences technical difficulties and is unable to activate or access your account at the time that an application is made or a purchase transaction has occurred, Aerosoles accepts no liability for Points not credited to your Rewards Bank. Please contact our Program Hotline noted above to arrange for proper credit of earned Points. Aerosoles shall have no liability for failure, delay or error in crediting Points to your Rewards Bank.
You may cancel your Program membership at any time by contacting the Program Hotline at 800-798-9478, visiting www.Aerosoles.com, or by writing to: Aerosoles , P.O. Box 1916 Edison, NJ 08818-1916.
Aerosoles reserves the right to seek all legal recourse available to it under applicable law, including seeking damages, attorneys’ fees and costs.
Aerosoles reserves the right to interpret and apply the policies and procedures communicated in these Terms & Conditions. All determinations by Aerosoles shall be final and conclusive in each case. In connection with the enforcement of any of the Terms & Conditions governing the Program, Aerosoles reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorney’s fees and court costs. These Terms & Conditions supersede all previously published Terms & Conditions.
Earning Points and Rewards Certificates
Program Members earn one (1) point for every dollar spent on Qualifying Purchases (“Points”). Points are deposited in the Member’s Rewards Bank and are converted to Rewards Certificates that can be redeemed for a discount on future purchases. As contemplated herein, when a Program Member’s Rewards Bank has a balance of 150 Points, this balance will be converted to a $10 rewards certificate, not to exceed $30 in rewards certificates per issuance (“Rewards Certificate”). No partial Rewards Certificates will be issued. Points and Rewards Certificates are not earned for purchases of Aerosoles products at other retail establishments, including department stores, websites, specialty retail and stores not operating under the Aerosoles brand. Points from qualifying purchases are deposited in the Member’s Rewards Bank and are used to issue Rewards Certificates. “Qualified Purchases” consist of net merchandise purchases, minus returns, coupons/discounts, Rewards Certificates, shipping fees and taxes made at Aerosoles retail and outlet stores in the United States, at www.Aerosoles.com, and from the Aerosoles U.S. Catalog.
Upon activation of a Member’s account, Points from future Qualified Purchases will be deposited in the Member’s Rewards Bank. The application can be completed and activated by you online at www.Aerosoles.com, by telephone at 800-798-9478 or by any associate at an Aerosoles store or outlet in the U.S. Receipt of a confirming e-mail, if the Member provides and e-mail address, means the Member’s account has been activated by online or by telephone application. Receipt of an Aerosoles VIP Program membership card means that the Member’s account has been activated by in store application.
The Member’s Points balance is available by calling the Program Hotline at 800-798-9478. Please allow 3-5 days following the date that a Qualified Purchase is made for the Rewards Bank to reflect the updated Points balance.
Members may use multiple Rewards Certificates, up to a maximum of three (3) per transaction, to make a purchase, but the value of the purchase must equal or exceed the total value of the combined Rewards Certificates. No cash will be given as change and any remaining unused balance on the Rewards Certificate is forfeited.
Rewards Certificates are automatically e-mailed or sent by U.S. mail at least once per calendar quarter to Members with a Rewards Bank total that meets or exceeds 150 Points. Aerosoles, in its sole discretion, determines the date during each calendar quarter that Rewards Certificates are issued. Rewards Certificates are valid for 90 days after issuance. The expiration date is shown on the Rewards Certificate.
Each $10 Rewards Certificate issued reduces the balance in the Member’s Rewards Bank by 150 Points. Any rewards in the Rewards Bank that have not been converted into a Rewards Certificate will remain in the Member’s Rewards Bank for the next Rewards Certificate issuance.
Rewards Certificates cannot be used to purchase gift cards or gift certificates and cannot be applied toward the payment of any Aerosoles account balances. Aerosoles is not responsible for lost or stolen Rewards Certificates. Rewards Certificates cannot be applied towards previous purchases. The Rewards Certificate must be surrendered at time of purchase. Rewards Certificate code will be voided once used on the website. Rewards Certificates are non-transferable and are not redeemable for cash. Rewards Certificates are void if sold, duplicated, or reproduced, and where prohibited by law.
Members may earn up to a maximum of $200 in Rewards Certificates per year and up to a maximum of $50 in Rewards Certificates per quarter.
Reward Certificates may be subject to tax liability. The reporting of and any tax liability on Reward Certificates, is the sole responsibility of the Member.
If a Member returns merchandise from a purchase made with one or more Rewards Certificates, no cash or other remuneration will be refunded to the Member for that portion of the purchase made using the Rewards Certificate(s). The rewards represented by the previously redeemed Rewards Certificate used at the time of purchase will be forfeited.
If multiple items of merchandise are purchased and one or more Rewards Certificates are redeemed at the time of purchase, a percentage of the Rewards Certificate(s) will be attributed as payment toward each item of merchandise based on the proportion of each item of merchandise to the total amount of the purchase. Upon the return of any such merchandise, the entire Rewards Certificate used for that purchase will be forfeited. However, an exchange for the full value of the Rewards Certificate can be made.
Communication & Privacy
By enrolling in the Program, you agree that Aerosoles may send you special promotional offers and other mailed or e-mailed communications.
Promotional offers may be offered to select groups of Members based on purchase activity, geographic location, program participation or other information supplied by the customer.
Members may choose to discontinue mail, e-mail or both types of communications by contacting the Program Hotline. Members understand that the discontinuation of either form of communication may result in the loss of promotional discounts and offers related to the Program, but Members will continue to earn Points on Qualified Purchases.
Changes to Terms & Conditions
Aerosoles reserves the right to change the terms, conditions for participation, awards and benefits for Program Members at any time without notice and without liability to Members. However, Aerosoles will post notice of any such changes on www.Aerosoles.com.
Aerosoles reserves the right to change the level of Qualified Purchases required to earn Points.
Aerosoles reserves the right to institute blackout dates and restrictions on merchandise, including clearance items, eligible for Rewards Certificate redemption.
Fraudulent use of the Program will result in membership termination.
Aerosoles may discontinue the Program in its sole discretion at any time for any reason without any further obligation to Members.
This Agreement shall be governed by and construed under the laws of the State of New Jersey, without reference to conflict-of-laws considerations.
Disputes to Be Resolved Through Arbitration
Except where prohibited by law, by participating in the Program, the Member agrees that any action arising out of or relating in any way to the Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association ( the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The arbitration shall be held at a location in the state in which the Member lives. The arbitrator’s decision shall be controlled by these Terms and Conditions and any of the other rules referenced herein. The arbitrator shall not have the power to award punitive damages against Aerosoles or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only the Member’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or Members who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Members also agree that (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; and (b) under no circumstances will Members be permitted, and Members hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Effective Date: September 24, 2014.