Terms and Conditions
1. Overview
Please read these Rewards Program Terms and Conditions (“Terms and Conditions”) carefully. When you sign up for an account with FosterGrant.com (“Website”) and enroll in the Rewards Program (“Program”), you agree to be bound by these Terms and Conditions. These Terms and Conditions apply to your access and participation in the Program in addition to the terms or conditions of any other agreement you may have with FGX International Inc. (“FGX”) and its affiliates for products or otherwise, including without limitation the Website Terms of Use.
2. Participation
The Program is available to all persons who have reached the age of majority in their state, province or country of legal residence and have registered an account with the Website. By creating an account with the Website and participating in the Program, you represent that you have reached the age of majority in your state, province or country of legal residence and that you have agreed to and accepted these Terms and Conditions. The Program is available only to individuals for their personal use and is limited to one (1) account per individual. You are expressly prohibited from using multiple email addresses to create separate accounts.
3. Earning Reward Dollars
As a participant of the Program, you can earn Reward Dollars as follows (“Reward Dollars”): a. US $2.50 in Reward Dollars for opening an account with the Website and participating in the Program; b. US $.0.25 for every US $1.00 you spend on purchases made on the Website. Additional Reward Dollars can be earned through special offers and promotions as designated by FGX in its sole discretion, from time to time. Reward Dollars will be posted to your account as in-store credit approximately twenty-four (24) hours after your order ships. Reward Dollars earned on purchases are based on the actual value of the product(s) purchased rounded down to the nearest dollar after discounts and are net of any taxes, shipping or other charges. Reward Dollars do not have any monetary value and cannot be redeemed for cash or credit. Reward Dollars are non-transferable and may not be traded or sold. No other compensation of any kind is payable to you in connection with your participation in the Program.
4. Reward Dollars Redemption
Reward Dollars can only be redeemed towards purchases made on the Website. Reward Dollars can be redeemed at the time of checkout. Reward Dollars can only be redeemed by the account holder to whom the Reward Dollars were awarded. Once you have earned Reward Dollars, you will have the option of using Reward Dollars as a method of payment. The option to use Reward Dollars, as well as the balance will be shown in the payment method area at the time of checkout. Reward Dollars can be used in conjunction with other payment methods available at checkout (e.g., credits cards, gift cards, etc.). If products are returned, any Reward Dollars used in connection with the original purchase will be credited back to your account. Reward Dollars cannot be used on previous purchases and cannot be redeemed for cash. Unredeemed Reward Dollars are forfeited if your account with the Website is terminated or suspended.
5. Reward Dollars Management
Reward Dollars can be viewed and managed through your “Customer Account” page on the Website, which will provide the current Reward Dollars balance.
6. Free Ground Shipping to the Forty-Eight (48) Contiguous United States
By signing up for an account with the Website and participating in the Program, you are also eligible for free ground shipping on all purchases made on the Website to the forty-eight (48) contiguous United States. Shipping charges will apply to all orders to Hawaii and Alaska, as well as any international orders (if applicable).
7. General Terms and Conditions
This Program is void where prohibited by law. FGX reserves the right to terminate your account and your participation in the Program if FGX determines in its sole discretion that you have violated these Terms and Conditions, Terms of Use, or any law, statute or governmental regulation. All unredeemed Reward Dollars will be forfeited following termination of your account and FGX reserves the right to seek payment for any redeemed Reward Dollarswhich were acquired under false pretenses or in violation of these terms. FGX reserves the right to modify or terminate the Program and Terms and Conditions at any time and without notice and all unredeemed Reward Dollars will be forfeited at that time. Any changes or modifications will be effective immediately upon posting the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Participants are responsible for all taxes, liabilities, surcharges, and any other fees associated with participation in the Program. FGX reserves the right to prohibit the participation of an individual if fraud, tampering or other conduct is suspected.
IN NO EVENT WILL FGX OR ANY OF ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PROGRAM. THE PROGRAM AND REWARD DOLLARS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. Governing Law; Jurisdiction
Any and all disputes, claims, and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action, and exclusively by an action in the Federal or State Courts located in the State of Rhode Island, Providence County; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participation in the Program, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of participant and FGX International Inc. in connection with this Program, shall be governed by, and construed in accordance with the laws of the State of Rhode Island without regard for conflicts of law doctrine of any jurisdiction.