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Kate Somerville Skincare, LLC Rewards Program Rules

NO PURCHASE IS NECESSARY. VOID WHERE PROHIBITED BY LAW.

The Kate Somerville, LLC Rewards Program (“Ultimate Kate Rewards”) is a loyalty program unique to www.katesomerville.com (the “Participating Website”) owned or controlled by Kate Somerville Skincare, LLC d/b/a KateSomerville.com (the “Website Owner”) that is available only to registered users of Ultimate Kate Rewards on the Participating Website (“Users”), and powered by 500Friends, Inc. (“Platform Provider”). Users accessing and engaging with Ultimate Kate Rewards in accordance with these Ultimate Kate Rewards Rules (the “Official Rules”) and otherwise in compliance with the then current Ultimate Kate Rewards Terms, available at http://www.katesomerville.com/customer-care/rewards-program-terms-and-conditions, can earn Points (defined below) for activities described on the Participating Website. Points are then deposited into the User’s account and can be used to redeem rewards (“Rewards”) as outlined at http://www.katesomerville.com/customer-care/rewards-program (the “Rewards Site”) and/or for the purposes of allowing Users to participate in rankings, earn recognition for certain activities and other program elements as determined by the Website Owner from time to time at its sole discretion (collectively the “Program Features”). The Rewards may change from time to time, without notice, at the sole discretion of the Website Owner.

ELIGIBILITY.

Ultimate Kate Rewards is offered only in the United States (“US”) (excluding, without limitation, all other US territories and overseas military installations) to individuals who are: (a) over 18 years of age as of the date of their first participation in Ultimate Kate Rewards; (b) legal US residents; and (c) possess a valid, active and personal Facebook, Twitter or other third-party account issued in that individual’s name for access to Ultimate Kate Rewards on the Participating Website. When registering for Ultimate Kate Rewards you agree to only register one (1) account for the purpose of accruing or earning Points. Employees (and all the members of the immediate families or households of such employees) of the Website Owner, and their parents, affiliates, and subsidiaries are ineligible.

ULTIMATE KATE REWARDS PARTICIPATION.

Ultimate Kate Rewards allows Users to earn Points while using, viewing, interacting or responding to a Website, in accordance with the rules of any promotion and the earning points provisions of these Official Rules. For the purposes of Ultimate Kate Rewards, “Points” mean those particular Ultimate Kate Rewards measurement increments, which can be used to redeem certain Rewards. Points and their values are: (a) determined by the Website Owner at its sole discretion; (b) subject to change without notice; (c) may vary among promotions; (d) are subject to approval; and (e) may be subject to a limit for the amount of points that may be earned during a defined period and/or for specific actions as determined at the sole discretion of the Website Owner. All Points, including but not limited to earning, saving and using, must be used in compliance with these Official Rules. Points are not transferable and Points cannot be earned after Ultimate Kate Rewards is terminated, as set forth below. Unless prohibited by law, unused Points are forfeited upon termination of Ultimate Kate Rewards. Participation in Ultimate Kate Rewards constitutes acceptance of these Official Rules as modified by the Website Owner from time to time. These Official Rules may change, in the Website Owner’s sole discretion, with or without notice to any User. The Platform Provider shall not be liable to any User or Website Owner for any changes in the Official Rules. If a change occurs, the User’s continued participation in Ultimate Kate Rewards shall constitute agreement to the changes. A User may terminate participation by notifying the Website Owner at [email protected], and upon such termination the User may use Points accumulated up to the date of termination. A User may have only one identity that can be used to accrue Points for the Participating Website’s promotions. Any User or person who tries to use more than one user account, user ID or create more than one identity to obtain more Points shall be disqualified in the Website Owner’s sole discretion.

EARNING POINTS.

Subject to change, Users may earn a certain number of Points for particular activities as those Point-earning activities are fully described in the program overview at http://www.katesomerville.com/customer-care/rewards-program or through a particular promotion through which a User is invited to participate. Points and point-earning activities shall be reflected in a widget displayed on the Participating Website and/or on Facebook.com and may be recorded for review by the Website Owner. Points will be deposited in a commercially reasonable time after they are earned. Any inquiries regarding Points not correctly deposited must be received by the Website Owner within ten (10) business days of the date of alleged accrual of Points. A User’s earned Points are not transferable.

QUALIFYING PURCHASES.

Users are eligible to receive credit (“Points”) on the User’s account for qualifying purchases made by the User (“Qualifying Purchases”, as defined below), that are made online at the Participating Website or by phone at 1-800-984-KATE (5283). All Qualifying Purchases are subject to verification by the Website Owner (whether made online or by phone) before being credited to a User’s account. Points are not awarded for taxes, shipping charges or delivery charges. Custom priced orders are not eligible to earn points. The Qualifying Purchase amount is the amount paid at checkout after application of all promotions, coupons and Rewards redemption. Amounts spent on taxes, shipping, and delivery charges do not count toward earning Points. At this time, purchases of products and services at Kate Somerville Skin Health Experts Clinic do not count toward points earning activites.

POINT REDEMPTION.

Users will earn Rewards as described on http://www.katesomerville.com/customer-care/rewards-program or through a particular promotion through which a User is invited to participate. Depending upon the Reward earned, either the User will receive the Reward from the Website Owner or from the Platform Provider directly. If a User has a problem with their Reward, they can contact the Website Owner at [email protected]

TERMINATION.

Ultimate Kate Rewards may terminate at any time at the Website Owner’s sole discretion, upon notice of termination. Notice of termination shall be provided to Users in the manner the Website Owner deems reasonable, including but not limited to, posting such notice on the Participating Website, Facebook application or blog. Points may expire, subject to applicable law. Users must redeem and use all Points before expiration or the effective date of termination. However, notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of the Website Owner, or the Platform Provider.

GENERAL CONDITIONS.

All federal, state and local laws and regulations apply. Taxes on Rewards if any, are the User’s sole responsibility. Again, Points are not transferable. Once a User accumulates $600 (US dollars) worth of Points, whether or not those Points are redeemed and used for Rewards or accumulated over an extended period of time, the User may be required to complete an Affidavit and Release, with Points subject to forfeiture if not returned within the stated time.

TERMS.

By participating in Ultimate Kate Rewards, Users agree: (a) to be bound by these Official Rules and by the decisions of the Website Owner, which are final on all matters pertaining to this Ultimate Kate Rewards, and (b) to release, indemnify and hold harmless the Website Owner and Platform Provider (and their parents, affiliates, subsidiaries, related entities, divisions, distributors, wholesalers, partners, licensees, retailers, sponsors, partnerships, representatives, vendors, contractors, successors, assigns, principals, shareholders, directors, officers, employees and agents, and their advertising, promotion, fulfillment agencies and all other promotional partners) (collectively the “Promotional Partners”) from any liability or claims for damages from (i) altered, late, lost, damaged, destroyed, inaccurate, defaced, misdirected, mutilated, illegible, stolen, delayed, garbled, misrouted, incomplete entries or human, telephone, computer, online or technical malfunctions (including busy lines and disconnections), (ii) their participation, (iii) the awarding, acceptance, receipt, use, redemption, misuse, possession, loss or misdirection of any Points or Rewards or preparing for or participation in any related activity or (iv) all damages or injury to persons or property related to use or misuse of Ultimate Kate Rewards. Ultimate Kate Rewards is governed by, and these Official Rules shall be construed and interpreted pursuant to, the laws of the State of California, without resort to its principles of conflicts of law. All federal, state and local laws and regulations apply. The Website Owner and all entities involved in conducting Ultimate Kate Rewards, reserve the right in their sole discretion to limit participation in Ultimate Kate Rewards, assess varying Point values to Point earning opportunities, and to terminate or disqualify any User’s involvement in Ultimate Kate Rewards. The Website Owner and Platform Provider are not responsible for the inability of a User to accept, redeem and/or use Rewards for any reason, including any third-party’s terms and conditions and/or the terms of business and operations for a particular entity. Normal Internet access and usage charges imposed by a User’s online service shall apply.

REWARDS PROGRAM MALFUNCTIONS AND CONDUCT.

The Website Owner reserves the right to modify, suspend and/or terminate Ultimate Kate Rewards, without notice, in whole or in part, in the event of computer, programming, system errors or other problems which are beyond The Website Owner’s control and that affect its ability to proceed as intended. If Ultimate Kate Rewards is not capable of running as planned for any reason, including those due to: (a) infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of Ultimate Kate Rewards; or (b) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared), The Website Owner reserves the right at its sole discretion to cancel, terminate, or suspend Ultimate Kate Rewards without obligation or prior notice. Any attempts by any User to access Ultimate Kate Rewards via a bot script or other brute-force attack shall result in that User becoming ineligible and forfeiting any and all accrued points. Any use of automated means, whether programmatic or robotic or the like, to gather Points shall result in a disqualification of the User from Ultimate Kate Rewards. The Website Owner in its sole discretion, reserves the right to disqualify and terminate participation of any User or other user of the Participating Website found to be: (i) tampering with the operation of Ultimate Kate Rewards or the Participating Website; (ii) acting in violation of the Official Rules; (iii) violating the terms of use of the Participating Website; (iv) acting in an unethical or disruptive manner; (v) acting with intent to annoy, abuse, threaten or harass The Website Owner, its representatives or any other User in any manner related to Ultimate Kate Rewards; (vi) tampering with, altering, or attempting to alter any medium that reflects the amount of Points a User has accrued; or (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate the medium that reflects the amount of Points a User has accrued. A User committing any of the foregoing violations shall, at The Website Owner’s sole discretion, forfeit the Points earned from illegal or fraudulent means. The Website Owner reserves the right to modify, revise or cancel this Program, the Terms or any part of the program at any time for all participants or for any specific participants without prior notice. The Website Owner’s decision on any aspect of User’s account, membership status, Rewards balance, or any aspect of the program or a particular User’s participation in it shall be final. By participating in the Program, User’s agree to and are subject to the Terms of this Program, and certify that all eligibility requirements are met.

LIMITATIONS OF LIABILITY. THIS REWARDS PROGRAM AND ALL REWARDS ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Website Owner and Platform Provider are not responsible or liable for: (a) incomplete or incorrect information, garbled transmissions, and telecommunications failures or service interruptions; (b) a User’s use of the Participating Website, Points or Rewards; (c) for typographical, printing or other errors in the offer or administration of Ultimate Kate Rewards; (d) errors, irregularities or failures in: (i) awarding, accumulating, receiving, redeeming or using Points; (ii) advertising; or (iii) accessing Ultimate Kate Rewards; (e) mistakes in or changes to the Official Rules, the selection, notification and announcement of the Points or the distribution of Rewards; (f) any direct or indirect damage(s), loss(es), expense(s) or injury(ies) relating to, or arising out of the design, manufacture or use of any Rewards; or (g) any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in Ultimate Kate Rewards or by any technical or human error which may occur in the processing of submissions in Ultimate Kate Rewards. The Website Owner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft of or destruction or unauthorized access to, or alteration of, points or point accruing activities. The Website Owner is not responsible for any problems, failures or technical malfunction of any online systems, servers or providers, computer equipment, hardware/software, players or browsers, failure of email or points or point accruing activities due to or resulting from technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in this Ultimate Kate Rewards.

PRIVACY.

Unless otherwise indicated in these Official Rules, by entering and participating in Ultimate Kate Rewards, the User agrees to the privacy policy located at http://www.katesomerville.com/customer-care/privacy-policy.

MISCELLANEOUS.

By participating in Ultimate Kate Rewards, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Official Rules, and to abide by and comply with these Official Rules. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT.

These Official Rules constitute the entire agreement between User and The Website Owner relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between User and The Website Owner with respect to such subject matter. These Official Rules may not be changed, waived or modified except by The Website Owner as provided herein or otherwise by written instrument signed by The Website Owner. These Official Rules or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by a User except with The Website Owner’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. The Website Owner’s may assign, transfer, or delegate these Official Rules or any right or obligation or remedy hereunder in its sole discretion.