Kerastase Parisian Game No Purchase Required Terms
The Kerastase Parisian Game (the “Game”) is open to legal residents of the fifty (50) United States, 18+. Employees of Kerastase (“Kerastase”) and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, are not eligible to participate. Void where prohibited.
Rewards earned in the Game are offered at the discretion of Kerastase, a member of the L’Oreal USA family of brands. Kerastase at any time may terminate, change, limit, modify or cancel Game or any rules, regulations, benefits, or conditions of participation by posting the modified rules on this page. Your continued participation in the Game after such posting will constitute your acceptance. By playing the Game, you hereby agree to these Terms, which may be updated from time to time by Kerastase in its sole discretion and that you meet the eligibility requirements. Changes to the Game or these Terms will be communicated on this web page. 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’OREAL USA 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.
Players who earn 450+ points (“Reward Level”) will receive a 10% discount code. If you reach the Reward Level, at the end of the game, you will be asked to provide your email address to receive the reward code. To claim the code you must provide your email address. This code is valid only on Kerastase-usa.com and must be provided at check-out to receive discount. Limit of one (1) code, per email address regardless of how many times you play the game. You may be asked to sign-up for promotional emails. This is optional and will not affect the receipt of the reward offer.
Notice of Financial Incentive
In connection with the Game, we may offer financial incentives and/or price or service differences (“Incentives”) to users based on Game score, 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 or engage in activities to earn rewards, such as Game history, name and email address and engagement with Kerastase as described in these Terms (“Game Data”). The value of Game Data is calculated by determining the approximate additional spending per Game participant, per year compared to individuals who are not yet Game participants. The value of Game Data is reasonably related to the costs associated with offering the Incentives.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF KERASTASE, 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 GAME OR MERCHANDISE OFFERED THROUGH THE GAME, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF KERASTASE IMPROPERLY DENIES A MEMBER ANY OFFER, LIABILITY WILL BE LIMITED TO THE EQUIVALENT OFFER VALUE. BY PARTICIPATING IN THE GAME, 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 Game, 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 Game, use of offers, or agreement to these Game terms and conditions. Kerastase 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 GAME, 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.
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 Game (“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 the Kerastase Customer Support at our toll free number 1-877-254-9949 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 Game 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.