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TERMS AND CONDITIONS FOR Weldon Blue

Last Updated: 10/10/2022

MEMBERSHIP

Weldon Blue, Mack Weldon’s loyalty program (the “Program") is offered by Mack Weldon, Inc. ("Company") to customers making purchases on mackweldon.com or any Mack Weldon store. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement (the "Agreement") between you ("Member") and Company with respect to the Program.

MEMBERS' ACCEPTANCE OF TERMS

By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions, including the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.

COMPANY'S RIGHT TO CHANGE/CANCEL PROGRAM

Company may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these Terms and Conditions in its sole and absolute discretion at any time and in any manner without notice. Your continued participation in the Program will confirm your acceptance of such changes.

MEMBERSHIP ELIGIBILITY

Program is open to U.S. and Canadian residents at least 18 years of age. Initial purchase required to join as a Member. Membership is limited to individuals only and is limited to one account per individual. Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion.

MEMBERSHIP ENROLLMENT

Individuals can enroll by creating an account at mackweldon.com. Member must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting  https://mackweldon.com/account and updating their Member account.

PROGRAM COMMUNICATIONS

Unless Member has opted out of receiving marketing communications, Company will communicate with Members about marketing via mail, email and other channels, including about special Member promotions, offers and more. Company will also use these channels to communicate Member tier status, notify Member when they are eligible for a benefit, communicate Program changes and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

DATA PRIVACY

See https://mackweldon.com/pages/privacy-policy for information about Company's privacy policy.

RETURNS

Merchandise returns must be made in accordance with Company's return policy available at https://mackweldon.com/pages/faq#return-exchanges. Upon the return of an item, the points granted for the original purchase will be deducted from the Member's account.

ELIGIBLE PURCHASES

Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at mackweldon.com, earn points. The amount of a purchase made with gift cards or store credit as method of payment will not be eligible to earn points. Additional items may be excluded from Status Level accumulation at the sole discretion of Company.

VALID EMAIL ADDRESS

A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.

RIGHT TO REVOKE

Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud.

NO TRANSFER

Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not exchangeable for cash.

EMPLOYEE ELIGIBILITY

All current employees of Company are ineligible to participate in the Program.

EARNING POINTS

Members will receive rewards points (“Points”) on their Member account through Eligible Purchases (defined above) and participation in other special programs and promotional offers that may be announced by Company or its third-party partners from time to time. Additional terms, requirements, and details for earning Points follow.

Processing of Points: Points accumulated through Eligible Purchases will be processed and awarded to the Member’s account 30- days after (i) in-store purchase or (ii) the mackweldon.com ship date.

  • Promotional Offers:Other special programs and promotional offers for earning Points may be made by Company, its agents or third-party partners from time to time in Company’s discretion. Such offers will also be subject to the terms and conditions specified in the promotional offer.
  • Point Balance:Members may view their Point balance at any time by visiting their Account page.

REDEEMING POINTS

Points will accumulate toward rewards, the means by which will be described in these Terms and Conditions and/or related promotional offers. Earned Points are converted into promotional redemption rewards dollars (“Rewards”) as follows: 100 points = $5 in Rewards. Once 100 Points are earned, Member can convert Points into Rewards in their Account or during checkout.  After initiating conversion, $5 in Rewards will be issued and 100 Points will be deducted from Member’s account. Member may redeem their Rewards when purchasing items and/or services either (1) at a Mack Weldon store by giving the Company associate your Account email address and requesting redemption or (2) online at mackweldon.com by selecting the Rewards box at checkout. If Member elects to redeem their Rewards, the value of the Rewards will be deducted from the total price of the Member’s purchase of items from the Mack Weldon store or mackweldon.com. The full value of the Rewards redeemed will be removed from your account even if the cart value is lower than the Rewards value.  Points and Rewards will expire as set forth below.

Rewards are solely promotional and will not be paid out in cash or store credit. Company may, at any time and without notice, change the Points earning and redemptions procedures and offerings, including the conversion rate between Points and Rewards.

Rewards may only be redeemed once. In the event of a return of merchandise purchased using a Reward, the Rewards will be forfeited.

Rewards may not be applied to the purchase of gift cards.

To the extent allowed by applicable law, we may cancel any accumulated Points if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.

PROGRAM BENEFITS AND DETAILS

In addition to any other requirement and/or limitation that may be communicated to Members at the time a benefit is offered, the following will apply:

  • Sign-Up Bonus – For creating an Account on mackweldon.com and joining Weldon Blue, Members will earn 20 bonus points.
  • 25 Point Birthday Offer - Members must have a valid birthday on file with Member’s registered Mack Weldon customer account at least three days before the start of the birthday month and be opted in to receive marketing communications. Account must show purchase activity within prior 12 months. Additional terms and conditions may apply.
  • Free Shipping - Free shipping valid at mackweldon.com on orders shipping to the United States and its territories. Member must be signed into Member’s Weldon Blue account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. Free shipping method is dependent upon tier status and will be automatically applied at checkout. Terms of offer are subject to change.
  • Earn Points for Reviews - Members will earn 20 points per review for a maximum of 24 reviews in a calendar year. Any reviews made after 24 that in a year will not earn any points.
  • Earn Points for Referring Friends – Members will earn 400 points for every friend that is successfully referred using the company’s referral program. A successful referral is defined as a customer who has never previously purchased from Mack Weldon, making a purchase of any value, that is not returned in full.
  • $300 Order Value Offer – Members who place an order valued at $300 or more (after discounts) will earn 100 bonus points
  • Third Purchase Offer – For every third order that a Member makes, they will earn 50 bonus points.
  • Social Follow Offer – For following Mack Weldon’s Social Accounts, Members will earn 5 bonus points. To earn this reward, Members must click the social icon links in the footer of mackweldon.com

EXPIRATION OF POINTS

Points that are not converted to Rewards will expire twelve (12) months after issuance on a rolling basis.

EXPIRATION OF REWARDS

Rewards will expire sixty (60) days after issuance.

TAXES

Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.

FRIEND REFERRALS

Friend referrals should only be used for personal and non-commercial purposes. Mack Weldon referral links should not be published or distributed on commercial websites (such as coupon websites or Reddit) or on blogs. Members are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. If, in their sole discretion, Mack Weldon suspects fraud, misrepresentation, abuse or violation of applicable rules involving the Program or Points, Mack Weldon has the right to take appropriate administrative and/or legal action, including the cancellation of accumulated Points or Rewards, and termination of Program participation.

No Warranty

Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.

GOVERNING LAW

These Terms and Conditions, the relationship between you and the Company, and Company's Weldon Blue loyalty program, shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.

MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.

ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY'S WELDON BLUE LOYALTY PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, NEW YORK. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

Release of liability and LIMITATION ON DAMAGES

You release Company and its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents from and against any and all liability relating to your membership or participation in the Program or these Terms and Conditions. To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members' participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages. In New Jersey, this limitation applies only to claims based on breach of warranty.

INTELLECTUAL PROPERTY

All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Company Intellectual Property") are owned by Company and may be registered in the United States and internationally.