Terms and Conditions of Participation
Last Updated: January 25, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN DAGNE DOVER’S CUSTOMER LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
1. Membership Eligibility and Overview
1.1. The Dagne Dover US Loyalty Program (“Program”) is offered at the sole discretion of 18th and Walnut LLC, which conducts business as Dagne Dover (“Dagne Dover,” “we,” “our,” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations, or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid email address are eligible to become members. It is free to enroll in the Program (no initial purchase is required to do so). Employees of Dagne Dover are eligible to participate in the Program. Individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.
1.3. The Program is only available in Dagne Dover owned and operated freestanding retail stores in the United States (each, a “Dagne Dover Retail Store” and collectively, “Dagne Dover Retail Stores”) and on dagnedover.com (the “Site”) within the United States.
2. Program Enrollment
2.1. Eligible individuals may enroll in the Program by visiting the Site and follow the Program prompts to register for the Program. If you already have an existing account with Dagne Dover before the launch of the Program, you will be automatically enrolled and your continued participation in the Program will constitute your agreement to these Terms.
2.2. You are required to provide your first name, last name, and email address and will be required to create a password in order to enroll. You must provide complete and accurate information at the time of your enrollment in the Program. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
2.3. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be 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.
3. How the Program Works and Program Benefits
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and engaging with our brand. You are able to earn points and unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. Points do not expire, but loyalty tiers reset on each anniversary (i.e., the end of the twelve (12) month period) after you either (a) join the Program or (b) level up into a new loyalty tier. Other special programs and promotional offers for earning points may be made by Dagne Dover from time to time in its discretion and shall be subject to these Terms as well as any additional terms and conditions specified in the promotional offer. Purchases at Dagne Dover Retail Stores and the Site qualify for the Program. For your purchase to qualify for the Program, you must be enrolled in the Program and (i) be signed into your online account at the time of purchase on the Site, or (ii) provide your Program member identification (that is, the email address you registered under the Program) when making your purchase at an Dagne Dover Retail Store. Once you reach and unlock a certain loyalty tier or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier or number of points, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.).
3.2. Purchases made in Dagne Dover Retail Stores and on the Site are eligible for the Program. Purchases made in department stores, specialty stores, or from affiliates or partners not solely owned and operated by Dagne Dover are not eligible for the Program.
3.4. Neither accounts nor Program rewards, benefits, and points may be shared or combined. Only the member paying for the products may accumulate rewards, benefits, and points. We reserve the right to monitor the number of accounts per household and refuse, merge, or close additional or duplicate accounts at any time.
3.5. Rewards, benefits, and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms, as determined by us in our sole discretion. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member.
3.6. Rewards cannot be exchanged or returned for points, another product or service, or a monetary refund.
3.7. The products and services available through the Program are for personal use only. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
3.8. To be eligible for points, purchase must be made on qualifying Dagne Dover products. Qualifying purchases include merchandise, and exclude gift cards, sales tax, state fees, shipping charges, delivery charges, or other excluded charges specified by us from time-to-time. Although members do not earn points on gift card purchases, members do earn points when redeeming a gift card for a qualifying Dagne Dover purchase, provided that you identify yourself as a loyalty member at the time of purchase.
3.9. We are not responsible for rewards, benefits, and/or points lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen, or otherwise destroyed.
3.10. We reserve the right to change Program benefits, how you reach each Program tier, how you earn points, and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
3.11. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Dagne Dover Customer Service at firstname.lastname@example.org. Your email must specify your name, order number, email address used to make the purchase (if different from the email address associated with the Program), email address associated with the Program, and the issue(s) you encountered. This email must be sent no more than thirty (30) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
3.12. Rewards can only be redeemed with a purchase on the Site, and certain tier benefits can only be accessed in Dagne Dover Retail Stores.
4.1. The Program allows participants to share an offer (“Offer”) by using a personalized link that you share with your friends (the “Friends”). Subject to these Terms, and as described below, you and your Friends will be able to obtain an online coupon code (“Reward”) that can be redeemed with Dagne Dover.
4.2. Subject to these Offer Terms and any other terms described in the Program page, the personalized links that you can share with your Friends will allow your Friends to obtain Rewards that they can redeem when making their first purchase order with Dagne Dover (a “Qualifying Purchase”). A Qualifying Purchase may be subject to a minimum spend. When a Friend uses an active personalized link that you shared to make his or her Qualifying Purchase with Dagne Dover, you will earn your own Reward that can be used for future purchases with Dagne Dover. To qualify for a Reward, the Friend must be a new customer to Dagne Dover, but there is no requirement that you be a new customer. Rewards ordinarily are distributed via email after the completion of a Qualifying Purchase and after approval by Dagne Dover, in our sole discretion. You may earn only one (1) Reward per Friend, regardless of the number of purchases that the Friend makes. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, you must introduce multiple Friends who make a Qualifying Purchase using your active personalized referral link. You cannot refer yourself to earn a Reward. When sharing Rewards, you must tell your Friends that you will also receive a reward from Dagne Dover if they make their Qualifying Purchase using your personalized link. Dagne Dover, in its sole discretion, may impose limits on how many Offers may be shared by any Program Participant, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.
5. Marketing Communications
5.1. By enrolling in the Program, you will be automatically subscribed to receive Program related emails, including Program marketing emails, and you consent to their receipt. We also may give you the option to opt-in to receive other marketing communications from us at the time of enrollment.
6. Content Submissions
6.1. From time to time, we may, in our discretion, permit you to submit photos, videos, and/or other information (“Content”) related to the Dagne Dover products you have purchased as part of your participation in the Program. When you submit Content in connection with the Program, you retain your rights to such Content. However, by submitting Content, you grant Dagne Dover (and those authorized by Dagne Dover) a royalty-free, worldwide, perpetual, non-exclusive, transferrable, and sublicensable license to publicly display, distribute, reproduce, and create derivative works of the Content, in whole or in part, in any media now in existence or later developed, for any purpose, including but not limited to, advertising and promotion of Dagne Dover, its website, social media pages, and commercial products. You also agree to irrevocably waive all right of integrity and any other rights to the Content under Section 106A of the Copyright Act, commonly known as “moral rights,” and, to the extent this waiver is not permitted by applicable law, you agree not to enforce any such moral rights against Dagne Dover or any individual or entity it authorizes to receive copies of the Content. Any Content reproduced will include a credit to you and/or your social media username as feasible. Content distributed by Dagne Dover on social media may also grant the respective social media platform a license to use the photographs, as described in further detail in each platform’s respective terms of service.
6.2. By submitting Content, you also grant us the right to use your name, image, likeness, social media username (if provided), and any other information about you that you provide in connection with your submission of the Content or the creation and maintenance of your Program account in connection with the Content and any derivative works created of or from the Content for any purpose, including but not limited to, advertising and promotion of Dagne Dover, its website, social media pages, and commercial products.
6.3. By submitting Content, you represent and warrant that you are at least eighteen (18) years of age and have the full right, power, and authority to enter into this agreement and grant the above license and rights. If the Content incorporates any person other than yourself, you represent and warrant that you have obtained the permission of each represented person to submit the Content and to grant the license, rights, and waivers described above on their behalf. You further represent and warrant to Dagne Dover that you will provide only true and correct statements and other information in connection with your submission (including but not limited to the fact that the Dagne Dover products depicted are my own and any opinions expressed about such Dagne Dover products are current, accurate, and truthful and made of your own free will), and that Dagne Dover’s and its licensee’s use of the Content and the rights and licenses you grant do not, and will not, violate any intellectual property right (including, without limitation, copyright, trademark, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to any person or entity and that no consent or authorization from, or any payment to, any third party is required in connection with the submitted photograph. You further agree to defend, indemnify, and hold harmless Dagne Dover and its licensees from and against all claims by third parties resulting from your breach or alleged breach of this agreement or any of these representations and warranties.
6.4. Dagne Dover will not be required to pay any additional consideration, royalty, payment, or other compensation or to seek any additional approval from you in connection with the license and rights granted or permitted uses described above.
7. Termination and Modification
7.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict, or terminate these Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
7.2. We reserve the right, at any time, in our sole discretion, to: (a) exclude you from participation in the Program; (b) discontinue your participation in the Program; and/or, (c) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Program Terms, no purchase activity for twelve (12) months or more, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, and/or benefits, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate in our sole discretion. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
7.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by emailing us at email@example.com. If you cancel your membership, your tier status and any points, rewards or benefits in your account will automatically expire.
8. Disclaimer of Warranties; Limitation of Liability
8.1. NEITHER DAGNE DOVER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
8.2. YOU AGREE THAT NEITHER DAGNE DOVER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR, (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
8.3. FURTHER, NEITHER DAGNE DOVER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.
10. Governing Law
This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, as if they were a contract wholly entered into and wholly performed within New York and without reference to conflict-of-laws considerations.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER PROGRAM PARTICIPANT, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED.
12. Contact Us
For information about the Program and your membership, contact us via email at firstname.lastname@example.org. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.