Effective Date: February 18, 2020
NEW CHAPTER REWARDS PROGRAM TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE NEW CHAPTER REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE NEW CHAPTER REWARDS TERMS OF USE AND TO THE TERMS AND CONDITIONS GOVERNING USE OF OUR WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE NEW CHAPTER REWARDS PROGRAM.
Participation
These Terms of Use apply to your access to, and participation in, the New Chapter Rewards program (“New Chapter Rewards”), which is operated by New Chapter, Inc. or its respective subsidiaries, licensees and affiliated companies (collectively, “New Chapter”). The New Chapter Rewards program is available to individuals with a shipping address in the United States and is void where prohibited by law. New Chapter Rewards is intended for personal use only. Commercial use is prohibited. New Chapter Rewards is not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, you may access and participate in New Chapter Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with New Chapter for other products or services.
If you consent to participate in New Chapter Rewards, you may withdraw that consent at any time by contacting us using the contact details at the end of these Terms of Use. New Chapter strives to ensure that every person has access to information related to our products, services, and programs. Please contact us if you would like these Terms of Use provided in an alternative format and we will seek to meet your disabilities or special needs.
About New Chapter Rewards
New Chapter Rewards is one way in which New Chapter endeavors to reward and thank loyal customers for purchasing New Chapter products. New Chapter Rewards members can earn and accumulate rewards points (“Purple Points”) that can be redeemed for discounts on New Chapter products, and/or to earn free New Chapter products. The specifics of New Chapter Rewards are set forth at the New Chapter Website and are further described below.
Joining New Chapter Rewards
To enroll in the New Chapter Rewards program in accordance with these Terms of Use, you must complete the online account registration process at the New Chapter Website, including registering your shipping address in the United States. In addition, the New Chapter Rewards registration process requires that you provide some or all of the following information: email address, password, shipping address, telephone number (“Personal Information”). You may have only one (1) New Chapter Rewards account that is personal to you at any one time. After the creation of your initial New Chapter Rewards account, New Chapter may delete any additional accounts that you register or attempt to register without notice and Purple Points associated with deleted accounts will not be transferred, combined or redistributed to your original New Chapter account. Note that Purple Points may expire as described below. Additionally, without notice to you, New Chapter also reserves the right to “unregister” and make ineligible for New Chapter Purple Points any New Chapter Rewards account that has been inactive for two (2) consecutive years. Inactivity is defined as no Purple Points earned during such two (2) consecutive year period. In the event that your New Chapter Rewards account is unregistered or rendered inactive, all accrued Purple Points in your New Chapter Rewards account are void.
New Chapter reserves the right to change, modify, discontinue or cancel New Chapter Rewards or any part of New Chapter Rewards, at any time and in its sole discretion, without notice to you even though termination may affect your ability to use Purple Points.
Earning Purple Points
Purple Points available through the New Chapter Rewards program are currently awarded at the rate of (5) Purple Points per each dollar spent on New Chapter products, rounded to the nearest dollar. Purple Points are earned on the purchase price of New Chapter products after any discounts, less any shipping costs or taxes. No fractional points are awarded. Example: A purchase of $16.55 would be awarded 83 points (16.55 x 5 = 82.75). New Chapter reserves the right to change the New Chapter Rewards program including the number and type of benefits offered to members of New Chapter Rewards in its sole discretion at any time.
Birthday Reward. If you add your birthdate to your New Chapter account profile, you will automatically receive 250 Purple Points (“Birthday Reward”) on your birthdate. To qualify for your Birthday Reward, you must provide your birthdate at least thirty (30) days prior to your birthday. Your Birthday Reward will be automatically added to your New Chapter Rewards account on your birthday.
Social Media Activity Rewards. You may earn 100 Purple Points by following New Chapter on Instagram; 100 Purple Points by liking New Chapter on Facebook; and 50 Purple Points by sharing a New Chapter Facebook post on your personal Facebook account. To earn any such Purple Points for liking, following, or sharing New Chapter’s social media accounts, you must like, follow, or share New Chapter posts via the links inside your New Chapter Rewards account (under “Ways to earn”) after logging into your rewards account on newchapter.com.
Refer a Friend. Refer a friend to New Chapter, and we’ll send that friend a coupon code for $20 off an order of $50 or more that’s good for 30 days. Additionally, if your friend completes a purchase within 30 days using that code, you’ll also receive a coupon code for $20 off an order of $50 or more. Your coupon must be used with 6 months.
Redeeming Purple Points
Purple Points are automatically added to your New Chapter Rewards account within twenty-four (24) hours of when you earned them and/or within twenty-four (24) hours after an order is shipped. If you return New Chapter products for which you earned Purple Points, New Chapter will deduct the Purple Points from your New Chapter Rewards account. Purple Points can be redeemed as follows:
500 Purple Points = Save $5
1000 Purple Points = Save $10
1500 Purple Points = Save $15
1500 Purple Points = Free Product of your choice from the sizes/selection available NewChapter.com
Purple Points can be redeemed online at NewChapter.com and must be used by their expiration date. Purple Points expire one (1) year from the date they are earned if you have not earned or spent Purple Points in the past year (365 days). The oldest accrued Purple Points will be used first for redemptions. You can view and track your account balance and available Purple Points as well as any additional benefits for which you are eligible as a New Chapter Rewards member, by logging onto the New Chapter Website.
From time to time, Reward Point values will be updated in the New Chapter Rewards program. Please login to your account on the New Chapter Website for the most up-to-date account balance.
Calculating Purple Points
Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), California residents (“Consumers”) are entitled to be informed as to why financial incentive programs, or price or service differences, are permitted under the CCPA, including (i) a good-faith estimate of the value of the Consumer’s data that forms the basis for offering the financial incentive or price or service difference; and (ii) a description of the method the business used to calculate the value of the Consumer’s data. To estimate the value of the Consumer’s data, a business offering a financial incentive or price or service difference subject to the CCPA shall use and document a reasonable and good faith method for calculating the value of the Consumer’s data. In accordance with CCPA regulation §999.337(b)(6), New Chapter’s calculation of the value of Personal Information (defined herein) is based upon the expenses related to the offer, provision, or imposition of any financial incentive or price or service difference set forth in New Chapter Rewards.
Privacy Agreement
By registering for, or participating in, New Chapter Rewards, you understand that you will provide and disclose to New Chapter certain data and information, including Personal Information, and as part of the provision and disclosure of such data and information to New Chapter you hereby represent, warrant, and/or agree to the following: (i) New Chapter may collect, retain, and use any such data or information in accordance with the New Chapter Privacy Policy, which may be amended from time to time, and can be accessed at [https://www.newchapter.com/privacy-policy/]; (ii) any and all information and data you provide to New Chapter, including Personal Information, will be accurate and you will promptly inform New Chapter in the event such information or data is or becomes inaccurate; (iii) you have the full right and authority to provide New Chapter with any information or data you so provide and your provision or disclosure of any Personal Information to New Chapter will not violate, or infringe upon any party’s rights or privileges afforded under, any data protection law, statute, or regulation; (iv) you will not, without prior written consent from New Chapter, provide any Personal Information to New Chapter concerning any individual who is under the age of sixteen (16); and, (v) to the extent that you provide Personal Information concerning any third party to New Chapter, you have or will promptly inform the third party of all the foregoing.
Without limiting any other term or condition set forth in these Terms of Use, you hereby acknowledge and agree that New Chapter may share your Personal Information with third party service providers and vendors in order to administer and facilitate New Chapters Rewards, including providing rewards, products, and marketing materials related thereto. You hereby direct New Chapter to intentionally disclose your Personal Information with any such third party as part of the administration and facilitation of New Chapters Rewards provided the third party does not also sell the personal information, unless that disclosure would be consistent with the all applicable law.
Warranties and Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEW CHAPTER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE NEW CHAPTER REWARDS PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE NEW CHAPTER PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE NEW CHAPTER REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE REWARDS PROGRAM, YOU WAIVE ANY AND ALL RIGHTS TO BRING A CLAIM OF ACTION RELATED TO NEW CHAPTER REWARDS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM.
As used herein, New Chapter Parties means New Chapter and its agents, promotion and advertising agencies, franchisees and each of their respective officers, directors, employees, shareholders, successors, assigns and service providers (“New Chapter Parties”).
Governing Law & Jurisdiction
These Terms of Use and the relationship between us will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to binding arbitration of any disputes relating to the New Chapter Rewards program under the Commercial Rules of the American Arbitration Association on a single plaintiff basis. Any such arbitration, to the extent necessary, will be conducted in the city of Brattleboro, VT. You agree to submit to the exclusive jurisdiction of arbiters in this forum and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible.
You also acknowledge and understand that, with respect to any dispute arising out of or relating to New Chapter Rewards:
- YOU AGREE TO ARBITRATION.
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Severability
If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
Changes to these Terms of Use
New Chapter reserves the right to change or modify these Terms of Use or the New Chapter Rewards program, in whole or in part, at any time in its sole discretion upon notice to you by electronic means, including by posting such information and materials online at the New Chapter Website. Any changes or modifications will be effective immediately upon posting the revisions to the New Chapter Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to or participation in New Chapter Rewards following any such changes or modifications confirms your acceptance of these Terms of Use and such changes or modifications; therefore, you should review these Terms of Use and the policies, FAQs and guidelines pertaining to New Chapter Rewards frequently to understand the terms and conditions that apply to your access to and participation in New Chapter Rewards. If you do not agree to these Terms of Use, you must stop accessing and participating in New Chapter Rewards.
Contact Us
If you have questions regarding these Terms of Use, or if you would like to withdraw your consent from participating in New Chapter Rewards, please contact us using the interactive form at https://www.newchapter.com/contact.
