Terms and Conditions of Participation
BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED BELOW AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT ELIGIBLE TO PARTICIPATE IN THIS PROGRAM.
SECTION 8 BELOW CONTAINS A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS.
1. Membership Eligibility and Overview
1.1. The Diamond Loyalty by David’s Bridal Program (“Program”) is offered by and at the sole discretion of David’s Bridal, LLC (“David’s Bridal,” “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 (who, if a minor, have the permission of a parent or guardian to join the Program under the terms set forth herein) are eligible to become members. 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. Participants in the Program earn points toward the achievement of various achievement levels. Points can be earned by making eligible purchases in David’s Bridal U.S. stores and at davidsbridal.com, and may also be earned from time to time in other ways, as specified at davidsbridal.com/loyalty. Each achievement level may entitle participants who reach that level to discounts and promotions from David’s Bridal or our marketing partners. At the highest achievement level(s), the participant may choose an available honeymoon or honeymoon getaway or experience, as described at davidsbridal.com/loyalty.
2. Program Enrollment
2.1. Eligible individuals may enroll in the Program by visiting davidsbridal.com/Content_loyalty_rewards and following the Program prompts to register for the Program.
2.2.You are required to provide your first name, last name, email address, and mobile telephone number in order to enroll. You will also have to create a password in order to enroll. 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 davidsbridal.com/Content_loyalty_rewards.
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 merchandise and engaging with our brand. You are able to earn points and unlock Program loyalty tiers by making eligible purchases and by other means that may be authorized from time to time. Eligible Purchases at U.S. David’s Bridal stores and davidsbridal.com qualify for the Program. In addition, members of your wedding party and your wedding guests can earn points for you by providing your telephone number to a David’s Bridal associate and requesting that they credit your Diamond Program account at the time they make their purchase at David’s Bridal or davidsbridal.com. Loyalty points are not awarded for purchases of gift cards or for payments made toward a layaway purchase. Once all payments toward an eligible layaway purchase are made, loyalty points will be awarded. For your purchase to qualify for the Program, you must be enrolled in the Program and (a) be signed into your online account at the time of purchase on davidsbridal.com; or (b) provide your Program member identification (that is, the telephone number you registered under the Program) when making your purchase at a David’s Bridal 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. Loyalty Reward options available for various tier levels at any given time can be found at davidsbridal.com/Content_loyalty_rewards, , along with material restrictions, limitations or conditions relating to such rewards or the limited availability of and redemption instructions for such awards. Other opportunities to earn points and reach Program loyalty tiers will be posted on davidsbridal.com or may be communicated to you directly or on your Program Profile page or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching Program tiers.
Your accumulated points are available in your Program account and will not expire (unless by a future change to the terms of the Program) and use of one or more of the Program benefits will not reduce your points. At the highest tier level(s), you will have the opportunity to select one of several available honeymoon trips, honeymoon getaways or honeymoon experiences. Members of each tier enjoy the benefits of their tier and the benefits of each tier below their membership tier.
3.3. Neither accounts nor Program rewards, benefits and points may be shared or combined, except by wedding parties and guests, as described in 3.1, above. By sharing your personal phone number with a member(s) of your wedding party or guest list, you expressly consent to and authorize the wedding party member or guest to submit your telephone number to David’s Bridal for the limited purpose of accumulating points in your Program under the terms and conditions expressed herein.
3.4. Rewards, benefits and points earned through the Program have no cash value, are non-transferable (except for within wedding parties and wedding guests as described above), 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 act 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.
3.5. Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.
3.6. The products and services available through the Program and are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. 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.
3.7. To be eligible for points, purchase must be made on qualifying David’s Bridal products or in accordance with alternate point generation opportunities that may be offered from time to time and will be shown on your Diamond Loyalty Profile page or otherwise communicated to you. 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.
3.8. 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.
3.9. We reserve the right to change Program benefits, program tiers, 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, the applicable tier levels, the expiration dates for loyalty points, and/or any combination thereof or other elements and aspects of the Program, and to discontinue the Program on such terms as David’s Bridal may determine in its sole discretion.
3.10. IIf you have concerns that a purchase or other activity was not properly applied to your account, you should submit a support request or text VIP to 38201 for assistance within 30 days of your purchase. Purchases are eligible for diamond points if the purchase occurred after the launch of the program and the event is in the future. Proof of purchase will be required.
3.11. Rewards can be redeemed by going to davidsbridal.com/Content_loyalty_rewards and viewing the information provided about how to choose and collect rewards.
4. Marketing Communications
4.1. By enrolling in the Program, you will be automatically subscribed to receive emails, including emails about the Program and marketing emails from David’s Bridal and its marketing partners, including those providing rewards under the Program, and you consent to your receipt of such emails.
5. Termination and Modification
5.1. 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.
5.2. We reserve the right, at any time, in our sole discretion, to: (1) exclude you and/or members of your wedding party and guests, from participation in the Program; (2) discontinue your participation in the Program; and/or (3) 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, 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.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on davidsbridal.com/Content_loyalty_rewards. If you cancel your membership, your tier status and any points, rewards or benefits in your account will automatically expire.
6. Disclaimer of Warranties; Limitation of Liability
6.1. NEITHER DAVID’S BRIDAL NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS, NOR ANY DAVID’S BRIDAL LOYALTY REWARD PROVIDERS 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.
6.2. YOU AGREE THAT NEITHER DAVID’S BRIDAL NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS NOR ANY DAVID’S BRIDAL LOYALTY REWARD PROVIDERS 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 DAVIDSBRIDAL.COM 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 DAVIDSBRIDAL.COM, 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.
6.3. FURTHER, NEITHER DAVID’S BRIDAL NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS NOR ANY DAVID’S BRIDAL LOYALTY REWARD PROVIDERS 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).
6.4. 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.
8. Governing Law and Disputes
8.1. This Program and these Terms will be governed by and construed under the substantive laws of the Commonwealth of Pennsylvania, as if they were a contract wholly entered into and wholly performed within Pennsylvania and without reference to conflict-of-laws considerations, you agree that any dispute regarding the Program will be brought in state or federal court in Philadelphia, Pennsylvania, and you consent to personal jurisdiction in such venue.
8.2. You agree that any dispute or proceeding relating to the Program shall be limited to the dispute between us and you individually, and (i) no proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
9. Use of Data.
10. Contact Us
For information about the Program and your membership, see davidsbridal.com/loyalty You may also provide answers to helpful frequently answered questions in our FAQs.
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