Bobbi Brown Club Loyalty Program:
Terms and Conditions of Participation
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE BOBBI BROWN CLUB LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THE BOBBI BROWN CLUB LOYALTY PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THE BOBBI BROWN CLUB LOYALTY PROGRAM.
1. Membership Eligibility and Overview.
1.1. The Bobbi Brown Club Loyalty Program (“Program”) is offered at the sole discretion of Bobbi Brown Hong Kong operated by Estee Lauder (Hong Kong) Limited and Estee Lauder (Macau) Limited (“Bobbi Brown Hong Kong,” “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 at least 18 years of age and who provide and maintain a first name, last name, mobile phone number, email address and month of birth are eligible to become members. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason. Employees of The Estée Lauder Companies and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program
2. Program Enrollment.
2.1. Eligible individuals may enroll in the Program through one of the following options:
2.1.1. Visit www.bobbibrown.com.hk/(“Site”) and follow the Program prompts to register for the Program.
2.1.2. Visit any freestanding store*, Concept Store* or department store counter** operated by Bobbi Brown in Hong Kong or Macau (collectively “Stores”, and each a “Store”) and tell a store associate you would like to register for the Program.
*Bobbi Brown freestanding store counters or Concept Store counters participating in the Program are situated at the following locations: Elements, Festival Walk, New Town Plaza, IFC Mall, City Plaza, Popcorn, Tuen Mun Town Plaza and Venetian (Macau). This list is subject to change from time-to-time in accordance with section 6 of these Terms below.
** Bobbi Brown department store counters participating in the Program are located at the following third party department stores: Facesss, Lab Concept, Lane Crawford, SOGO, Harvey Nichols, Langham Beauty and New Yaohan (Macau). This list is subject to change from time-to-time in accordance with section 6 of these Terms below.
2.2. You are required to provide your email address, mobile phone number and to create a password in order to enroll. If you are enrolling at the Site, you understand that your personal data is being collected on an open network, which may not have sufficient security measures. You may also have the opportunity to provide us with your name, mailing address, birth date, but this information is optional. 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 the Site.
2.3. Only one Program account may be associated with a single member, a single mobile phone number and a single email address. In the event of a dispute over ownership of the Program membership account, 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 Program Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address or mobile phone number 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 or mobile phone number.
3. How the Program Works.
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions at the Site. Once you reach a certain loyalty tier and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier and/or number of points, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to reach Program loyalty tiers or earn points will be posted on the Site 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 the Program loyalty tiers.
3.2. Bobbi Brown Club is a loyalty program that rewards customers for purchasing Bobbi Brown products and participating in certain brand experiences. It is a tier-based program determined by the qualifying spend within a single year on eligible purchases and through qualifying activities, beginning on the date when you enroll.
• Tier 1, FAN HK$0-HK$2,999 a year
• Tier 2, ENTHUSIAST HK$3,000- HK$6,999 a year
• Tier 3, LOYALIST HK$7,000+ a year
When you join, you’ll automatically be placed in Tier 1 (FAN) and be eligible for all the benefits Tier 1 members receive. If you spend at least HK$3,000 on eligible purchases in your first year, you’ll be automatically moved up to Tier 2 (ENTHUSIAST). If you spend HK$7,000 or more on eligible purchases in your first year, you’ll qualify for Tier 3 (LOYALIST).
Your status in a particular tier is good for the remainder of the year in which you qualify for that tier and the following full year. After that, you’ll need to spend enough to qualify for that tier each year. For example, if you qualify for Tier 2 (ENTHUSIAST), during your first year, you’ll maintain ENTHUSIAST status during your second year. But, if you spend less than HK$3,000 on eligible purchases during your second year, you’ll drop back down to Tier 1, FAN status on your second anniversary date.
3.3. Members receive 1 point for every 1 Hong Kong Dollar (HK$1) spent on eligible purchases at the Site or Stores, however the actual points earned depend on the channel and location of purchase as well as your tier status. Eligible purchases include regular priced merchandise and services exclude redemption items, samples and gifts with purchases, shopping bags, discounts, shipping and delivery charges, and/or other ad hoc promotions and excluded charges specified by us from time-to-time. All points earned from purchases on the Site are pending until your order ships. For your purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase, by signing into your online account on our Site or by providing your Program member identifying information (e.g. name, registered email address and/or mobile phone number) to a store associate in a Store. If you are not a member of Bobbi Brown Club at the time of purchase, you must enroll in Store or on www.bobbibrown.com.hk/ within the next 24 hours, using the same email address you provided at the time of purchase, in order to be eligible to earn points on that purchase. However, if your membership in the Program is terminated for any reason and you enroll in a new Program account, any purchases made prior to the date you enroll in a new Program account do not qualify for points.
3.4. Purchases made outside of Hong Kong or Macau are not eligible for the Program.
3.5. In addition to these purchases, you may also earn points for taking certain Program actions at the Site or in Stores. Please see our FAQs for a list of the current ways to earn points at the Site or in Stores. To earn points, you must be a Program member and provide your Program member identification before completing the actions, by logging onto your Program account or by providing your Program member identifying information (e.g. name, registered email address and/or mobile phone number) to a store associate in a Store. The number of points, if any, awarded for each action is determined by Bobbi Brown Hong Kong in its sole but reasonable discretion and in all cases subject to a maximum number of points earned for each action per year.
3.6. Points are valid for one year from your Program “anniversary date.” This is the anniversary of the date you enrolled in the Program and occurs on a 12-month cycle. On your anniversary date each year, your points reset to zero and you start accumulating new points and earning new point rewards.
4. Product Rewards and Benefits.
4.1. As a member, you earn points that determine your points benefits. Product rewards and samples are shipped with product purchases or at a delivery cost on the Site, or redeemable in-Store. You must be logged in to your Program account on the Site or provide your Program member identifying information (e.g. name, registered email address and/or mobile phone number) to a store associate in a Store to use your benefits.
4.1.1 Point Benefits:t different point levels, you are eligible to redeem some or all of these points for product rewards of certain retail value. Please login to your Bobbi Brown Club account or visit our Stores to see the latest reward offerings. Reward offerings are subject to availability. These rewards are based on the number of points you have accumulated in a single year as listed below. Once you have redeemed your points reward, your points balance will be reduced by the applicable points value for that reward. You must redeem your available points/rewards prior to your anniversary date, or the available points and rewards will expire. On your anniversary date, your points reset to zero (0) and you start accumulating new points and earning new rewards.
4.1.2 Tier Benefits: Certain benefits are based on the tier achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. Tier benefits can only be redeemed on the Site or in Stores with the exception of exclusive bonus points events and VIP events or as otherwise noted. On your anniversary date, even though your points reset to zero, your initial tier status for the year is determined by the number of points earned in the prior year. Please review our FAQs for more information on how to redeem your tier benefits.
Tier 1, FAN: HK$0–HK$2,999 a year
• First Purchase gift (with purchase)*
• Birthday Gift (with purchase on birthday month, valid once per year)
• Free shipping with HK$500 purchase.
• Bonus Points Events
Tier 2, ENTHUSIAST: HK$3,000–HK$6,999 a year
• All Tier 1 benefits
• Tier Upgrade Gift (Online with purchase, offline with purchase; one time upon tier upgrade)
• Free shipping with HK$500 purchase.
• Early Access to Events and Products preview
Tier 3, LOYALIST: HK$7,000 + a year
• All Tier 1 and 2 benefits
• Tier Upgrade Gift (Online with purchase, offline with/ without purchase; one time upon tier upgrade)
• Complimentary Express Shipping (Online only, no threshold. Applicable to all orders regardless of dollar value.)
• Access to VIP member events
* Dis-enrolling and re-enrolling does not qualify you for an additional use, this is exclusive one-time use.
Two Birthday gifts cannot be obtained during the same year, therefore, if Birthday gift was already redeemed while in Tier 1, an upgrade to Tier 2 during the same year does not grant an additional Birthday gift.
4.2. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the member paying for the product(s) may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) is confidential and should not be shared by you with any other person.
4.3. Rewards, benefits and/or points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards 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 Program Terms. The sale, barter, transfer, or assignment of any rewards, benefits or points offered through the Program, other than by us, is expressly prohibited.
4.4. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
4.5. The products and services available through the Program and any samples that we may provide to you 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 Program Terms.
4.6. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.
4.7. 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 that 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.
4.8. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Bobbi Brown Hong Kong Customer Service at or by calling (852) 3101-4912. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date of purchase or other Program activity which took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
4.9. Rewards can only be redeemed in Stores operated by Bobbi Brown Hong Kong in Hong Kong or Macau, and/or on the Site, depending on the reward.
5. Marketing Communications.
5.1. By enrolling in the Program, you will be automatically subscribed to receive Program related communications. You will be subscribed to receive marketing communications related to Bobbi Brown and the Program, only after you have indicated your consent to receive marketing information and only through the channels to which you have consented.
6. Termination and Modification.
6.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time, and we shall endeavour to provide prior notice to you, 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.
6.2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity (i.e. no points earned or redeemed) for more than 24 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, 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. 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.
6.3. If you decide that 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 the Site or by calling (852) 3101-4912. If you cancel your membership, you will lose all accumulated points and benefits, and your tier status will automatically expire.
7. Disclaimer of Warranties; Limitation of Liability.
7.1. NEITHER BOBBI BROWN HONG KONG NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS 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.
7.2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BOBBI BROWN HONG KONG NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS 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 THE SITE 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 THE SITE, INCLUDING USING HYPERLINKS 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 ANY DEFECTS OR ERRORS WILL BE CORRECTED.
7.3. FURTHER, , TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BOBBI BROWN HONG KONG NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR 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 THOUSAND DOLLARS (HK$1,000.00).
7.4. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 Program Terms.
9. Governing Law and Disputes.
9.1. This Program and these Program Terms will be governed by and construed under the substantive laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), as if they were a contract wholly entered into and wholly performed within Hong Kong and without reference to conflict-of-laws considerations.
9.2.ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN HONG KONG AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT THREE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Program Terms shall be conducted under the prevailing Administered Arbitration Rules at the Hong Kong International Arbitration Centre. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
9.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or 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.
You can update your information by visiting your account online at www.bobbibrown.com.hk/. You have the right to access your personal information and the right to correct and/or update your personal information within your account.
11. Contact Us.
For information about the Program and your membership, contact Customer Service at (852) 3101-4912 within Hong Kong. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.