Loyalty Program Terms & Conditions
These “New Era Rewards Terms And Conditions” (i.e., these “Terms”) include a class action waiver and require binding arbitration on an individual basis to resolve disputes. Details are set forth below. These New Era Rewards Terms And Conditions set forth important information, including restrictions. By participating as set forth below, you agree to these New Era Rewards Terms and Conditions, including any modifications made from time to time.
I. Program Overview
New Era Rewards is a loyalty rewards program (the “Program” or “Collectors Club”) offered exclusively by New Era Cap Company Limited (“we”, “us”, “our”, and “Company”) in Europe.
II. Program Eligibility
Participation in the Program is only available to any individual residing in one of the following countries: Albania, Andorra, Bosnia Herzegovina, Cyprus, Gibraltar, Greece, Liechtenstein, Malta, Moldova, Monaco, Montenegro, Norway, San Marino, Serbia, Czech Republic, Belgium, France, Italy, Spain, Netherlands, Austria, Ireland, Denmark, Portugal, Finland, Poland, Germany, Bulgaria, Croatia, Estonia, Hungary, Latvia, Lithuania, Luxembourg, Romania, Slovakia, Slovenia, Sweden, Switzerland, United Kingdom; and who satisfies all of the below requirements. You represent and warrant that you meet these requirements.
· Are at least 18 years of age.
· Are not an employee of the Company or any of its affiliates.
· Provide valid and accurate information when enrolling.
Any person who satisfies the above requirements, successfully enrolls and currently participates in the Program is a “Participant.”
III. How to Enroll
If you have an existing account with us, you will automatically be enrolled into the Program. If you do not have an existing account with us, you can enroll in the Program by creating an account at our website (www.neweracap.eu, the “Website”). Notwithstanding anything to the contrary in these Terms, the Program is only available if you satisfy the eligibility requirements in the Program Eligibility section.
IV. Ways to Earn Points
The ways in which Participants can potentially earn points under the Program are set forth below in this section (such points earned pursuant to these Terms are the “points”). We use your email address to notify you of points and you must ensure it is accurate and current.
A. General
|
Event |
Participant Can Earn Points |
How Many? |
|
Points for Purchases
|
Upon every purchase, you can earn 1 point for every £1 spent. |
1 point per eligible £1 spent. |
|
Join the Collectors Club |
When you create an account and join the Collectors Club. |
25 points. |
|
Instagram Follow |
When you follow our Instagram page (neweraeurope). |
15 points. |
|
Subscribe to our YouTube Page |
When you subscribe to our YouTube page (NeweracapEu). |
15 points. |
|
TikTok Follow |
When you follow our TikTok page (neweraeurope) |
15 points. |
|
First Headwear Purchase |
When you make your first headwear purchase. |
25 points. |
|
First Accessory Purchase |
When you make your first accessories purchase. |
10 points. |
|
First Clothing Purchase |
When you make your first clothing purchase. |
50 points. |
|
Subscribe to our newsletter |
When you subscribe to our newsletter. |
25 points. |
|
Shopping Preferences |
When you tell us your shopping preferences |
25 points. |
|
Birthday |
On your birthday that you have provided to us. |
50 points. |
B. Referral-Based
|
Event |
Participant Can Earn Points |
How Many? |
|
Successful Referral |
When you successfully refer a friend to us, and such individual has made his/her purchase. |
50 points. |
C. Collectors Club Tiers
At the start of each calendar year (i.e., January 1), Participants can earn points in connection with the Program’s annual VIP tiers, based on the below minimum eligibility requirements.
|
Event |
Minimum Eligibility Requirements for Tier |
|
Bronze |
All new members. |
|
Silver |
Earn 400-599 Points. |
|
Gold |
Earn 600+ Points. |
Your status in a particular Collectors Club Tier is based on a rolling 12-month activity period (“Tier Term”). The Tier Term begins from the moment you enter a new tier. If, within 12-months of entering a specific tier, you do not move up a tier or maintain such tier, you will be demoted to your eligible tier for the start of a new 12-month activity period. By way of example, if Participant qualifies for Silver Tier during Participant’s first year, such Participant will maintain Silver Tier status for 12 months. However, if during this 12-month period, you do not spend enough to progress to Gold, at the end of your 12-month activity period, you will be demoted to Bronze.
Additionally, throughout the calendar year, at our sole discretion we may present Participants with one-off opportunities to earn point multipliers.
V. Points Expiration, Forfeiture, and Non-Transferability
Points received but not yet redeemed or forfeited shall expire 12 months after the date which they are earned pursuant to these Terms. Points are forfeited when the Participant’s account has been deleted or when we have revoked the points in connection with these Terms. Points are not transferable.
VI. Redeeming Points and Other Benefits
Subject to the terms and conditions of the Program set forth in these Terms, Participants may redeem points for a discount at the following points levels:
- £10 discount for 300 points
- £20 discount for 500 points
- £30 discount for 700 points
- £40 discount for 900 points
- £50 discount for 1,100 points
Participants in the Silver or Gold Tier will additionally receive free shipping on any order of £25 / 35€ or more. Participants in the Bronze Tier, along with all customers, can enjoy free shipping on all orders of £40 / 50€ or more.
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. Points may be redeemed for eligible purchases by a Participant using our Website or any of our mobile applications. In order to redeem points, Participant must be logged into their account which is enrolled in the Program. Discount codes may only be used once. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity.
Points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to points or other Program benefits. 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. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Neither accounts nor Program points may be shared or combined. Only the Participant paying for the products may accumulate points. Participants will not receive points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program.
VII. Disputes
Please contact us at legal.requests@neweracap.com if you have a dispute regarding the Program.
If we are unable to resolve to your satisfaction any dispute you might have related to the Program, then you may begin an arbitration proceeding as provided below.
Arbitration
Please read this arbitration provision carefully. Unless you send us the rejection notice described in this document, this provision will apply to you and, as a result, either one of us can elect to subject any New Era Rewards Dispute between us to individual arbitration. This means that: (1) a court or jury will not resolve the New Era Rewards Dispute; (2) you will not be able to participate in a class action or similar proceeding to resolve the New Era Rewards Dispute; and (3) your appeal rights during and after arbitration will be limited.
As used in this arbitration provision, a "New Era Rewards Dispute" means any claim or controversy between us that in any way arises from or relates to the Program, including, but not limited to, these New Era Rewards Terms and Conditions, New Era Rewards points, and any related offerings. New Era Rewards Dispute has the broadest possible meaning, and includes, without limitation, disputes based upon contract, tort, consumer rights, fraud and other intentional torts, agency, statute or constitution, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). New Era Rewards Dispute includes claims, counterclaims, crossclaims, and third-party claims, and it includes disputes in the past, present or future. It also includes disputes about the validity, enforceability, or scope of this arbitration provision.
If one of us elects to arbitrate a New Era Rewards Dispute, it will be resolved by mandatory binding arbitration. The electing party must notify the other party in writing. To make an election to arbitrate, you must send a written notice to 160 Delaware Avenue, Buffalo, NY 14202. ATTN: LEGAL DEPT., ARBITRATION DEMAND or we must send a written notice to you at the most current address we have on file for you.
This notice can be given at any time before or after the beginning of a lawsuit by either party and may be included in papers filed in the lawsuit. The party seeking arbitration must select as the arbitration London Court of International Arbitration (“LCIA”) in accordance with the LCIA Arbitration Rules (the “LCIA Rules”), which LCIA Rules are deemed to be incorporated by reference into this Arbitration Agreement.
The number of arbitrators shall be one.
The seat, or legal place, of arbitration shall be London.
The language to be used in the arbitral proceedings shall be English.
The governing law of the Agreement shall be English law.
The arbitrator(s) will be appointed in accordance with the procedures of the arbitration administrator, and must be a lawyer with at least 10 years of legal experience. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator(s) may award reasonable fees to you under the standards for fee shifting provided by law.
You agree to an arbitration on an individual basis. In any Dispute, NEITHER YOU NOR NEW ERA CAP WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR A CLASS MEMBER. The arbitral tribunal may not consolidate more than one customer’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no jurisdiction to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this section is found unenforceable, the unenforceable provision will be severed, and the remaining terms of this section will be enforced. This Arbitration Agreement shall survive any cancellation or termination of these Terms.
VIII. Additional Provisions
A. General Terms
You are responsible for any tax liability related to your participation in the Program. These Terms will be governed by English law, without regard to any conflict of law provisions. If any part of these Terms is found to be void or unenforceable under applicable law, all other parts of the Terms will still apply. All dollar amounts referred to in these Terms are in U.S. Dollars. We may choose not to enforce, or to delay the enforcement of, any of your obligations or our rights, remedies or limitations under these Terms. However, no such delay, nor choice to not enforce, shall constitute a waiver of that obligation, right or remedy.
B. Modifications and Cancellation
We reserve the right to change these Terms or the Program at any time and in any way (including our right to discontinue or change the expiration date of points earned under the Program or to adjust the number of points earned for certain events). To the extent required by applicable law, we will give you notice if we end the Program or make a major change to it. Your continued participation in the Program after we make changes to the Program or these Terms signifies your acceptance of such changes. We also reserve the right to cancel your participation in the Program (including the revocation of any points), in the event of fraud, abuse of Program privileges or violation of these Terms.
C. Personal Information
Any personal information that you provide to us in connection with the Program will be processed pursuant to our Privacy Policy found online at NewEraCap.com.
D. Liability
By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold us and our respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, including, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers (“Covered Parties”) harmless from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party.
In no event shall any Covered Parties be liable for any indirect, incidental, consequential, special, exemplary, punitive damages or lost profits, even if any or all Covered Parties are or have been advised of the possibility of such damages and you hereby waive any and all rights to any indirect, incidental, consequential, special, exemplary, punitive damages or lost profits from us. Notwithstanding anything to the contrary set forth herein, our cumulative liability to you arising from any cause of action will at all times be limited to the lesser of (i) your actual loss; or (ii) $100. The foregoing disclaimers, exclusions and limitations shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
IX. Contact
If you have any questions or comments regarding the Program, please write to us at: customer.care@neweracap.com.