OFFICIAL RULES
MAYBELLINE EXPRESS TERMS & CONDITIONS
THESE MAYBELLINE EXPRESS TERMS AND CONDITIONS ARE EFFECTIVE AS OF [DATE].
The Maybelline Express ("Program"), operated by L’Oréal USA, Inc., is open to legal residents of the fifty (50) United states and District of Columbia who are 18 years of age or older at the time of registration. Void where prohibited.
Participation in the Program is voluntary. You need not join to purchase products at Maybelline and any personal information you provide to Program will be subject to Maybelline’s Privacy Policy.
Membership in the Program and its benefits are offered at the discretion of Maybelline, a member of the L’Oreal USA family of brands. Maybelline may, at any time, terminate, change, limit, modify or cancel Program or any rules, regulations, benefits, or conditions of participation by posting the modified rules on this page. Your continued participation in the Program after such posting will CONSTITUTE your acceptance. By enrolling in the Program, you hereby agree to these Terms and Conditions, which may be updated from time to time by Maybelline in its sole discretion and that you meet the eligibility requirements. Changes to the Program or these Terms and Conditions will be communicated via email or 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’ORÉAL USA, INC. 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.
WHERE TO ENROLL AND ACCESS BENEFITS
You may enroll in the Program through Maybelline.com. To enroll, you must provide your full name, email address, password, and date of birth. Your enrollment will be confirmed with a welcome message at the email address provided which will include your Program enrollment information.
You will receive the following Program benefits as part of the Program from time to time:
- Exclusive offers, extra sweepstakes entries, free makeup sampling, personalized experiences and up to two coupons upon Program sign-up
Maybelline reserves the right to change any of the Program benefits at any time during the Program.
As long as you interact with Maybelline, you will retain Your Maybelline Express membership.
Maybelline may offer limited-time offers or may make promotional offers selectively available to members, based on purchase activity, geographic location, program participation, or other factors.
From time to time, Maybelline may also provide members with an opportunity to earn additional offers through participation in site activities, features, recycling programs, by connecting Facebook or Instagram accounts, sharing your purchase on social media, or referring a friend who joins the Program. In an effort to be always transparent with our Members and the public at large, we remind you that whenever you earn additional offers, receive products or other incentives for participation, you must use appropriate words of disclosure, such as "Credit Earned," "Free Sample Received" or similar words to indicate that you received value from Program.
Maybelline reserves the right, without limitation, to terminate, change, limit, modify or cancel any of the above means of earning, with or without notice.
Notice of Financial Incentive
In connection with the Program, we may offer financial incentives and/or price or service differences (“Incentives”) to Program members based on offers as further described in these Terms, 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 purchase history, date of birth, participation in Maybelline events, and engagement with Maybelline as described in these Terms (“Program Data”).
The value of Program Data is calculated by determining the approximate additional spending per Program member, per year compared to individuals who are not yet enrolled Program. The value of Program Data is reasonably related to the costs associated with offering the Incentives. You can join Program here, and you can withdraw from or cancel your membership at any time by contacting Maybelline Customer Support at our toll free number 1-800-944-0730. For more information, please review our Privacy Policy.
PRIVACY
Your privacy is important to us. Enrollment information collected by the Program is subject to Maybelline Privacy Policy.
ELIGIBILITY
Only one Program account may be associated with a single email address. In the event of a dispute over ownership of a membership account, the registration will be declared to have been made by 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.
By enrolling in Program, you agree to provide true, accurate, current, and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current, and complete. If you provide any data that is untrue, inaccurate, not current, or incomplete, or if Maybelline, in its sole discretion, suspects that your registration data is untrue, inaccurate, or incomplete, or that you are in any way abusing your membership in Program, Maybelline reserves the right to suspend, terminate or refuse your participation.
COMMUNICATIONS AND REVIEWING YOUR ACCOUNT INFORMATION
As a member, you will periodically receive emails from Maybelline. You may opt–out of the marketing emails at any time, but transactional, relationship, and operational emails will still be sent to you as it relates to your membership in Program. Examples of these are: Program welcome email, a Program monthly account statement email, or other communications that help us to ensure that your account is monitored.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF MAYBELLINE, 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 PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MAYBELLINE IMPROPERLY DENIES A MEMBER ANY OFFER, LIABILITY WILL BE LIMITED TO THE EQUIVALENT OFFER VALUE. BY PARTICIPATING IN THE PROGRAM, 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 Program, 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 Program, use of offers, or agreement to these program terms and conditions. Maybelline 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 PROGRAM OR MEMBERSHIP IN THE PROGRAM, 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.
ARBITRATION AGREEMENT
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 Program (“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 Maybelline Customer Support at our toll free number 1-800-944-0730 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 Program 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.
GENERAL PROGRAM CONDITIONS AND EXCLUSIONS
Maybelline Program and Offers cannot be redeemed for cash at any time (unless required by law). Program Offers have no cash value, are not legal tender, and do not give rise to any property or other interest whatsoever.
Upon termination of membership for any reason, all account offers will be forfeited and Maybelline will not provide cash equivalent for offers.
By enrolling in Program, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, or other feature available on or through Program, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane, infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, any other right of any party or which otherwise violates Maybelline Site Terms of Use or any Other Agreement;
You further agree not to (a) upload any content that imposes an unreasonable or disproportionately large load on Maybelline computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise; (b) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Maybelline, or any third party; (c) creates Member accounts by any automated means or under false pretenses or impersonates any person or entity, including an employee or representative of Maybelline; (d) harvests, scrapes or collects any information from Maybelline.com.
Maybelline is not responsible for requests or correspondence lost or delayed in the mail.
Maybelline is not responsible for problems related to any of the equipment or programming associated with or utilized by the member; any human error; any interruption, deletion, omission, defect or failure of any network or electronic transmission for whatever reason.
This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, without reference to conflict-of-laws considerations.
If you have questions about your enrollment, these Terms and Conditions, Member account spend balance or Offers, please contact Maybelline Customer Support at our toll free number 1-800-944-0730.