BBS LOYALTY REWARDS PROGRAM TERMS & CONDITIONS

The BBS Loyalty Rewards Program is administered by Black Brook Shop.  The BBS Loyalty Rewards Program is a free, points-based customer loyalty program valid in the United States.  No purchase is required to join.  Members earn rewards based on points accumulated from qualifying Black Brook Shop purchases and from other activities and incentives, as determined by Black Brook Shop from time to time.  Reward points are redeemable for coupon discounts on purchases at www.blackbrookshop.com.

By becoming a BBS Loyalty Rewards member, you (1) represent that you are 18 years of age or older and (2) agree to these program Terms & Conditions (“Terms”).  PLEASE TAKE NOTICE THAT THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A JURY TRIAL AND CLASS ACTION WAIVER.

RIGHT TO AMEND

Black Brook Shop reserves the right to amend or modify the BBS Loyalty Rewards Program and Program Terms at any time and in any way at its sole discretion.  If Black Brook Shop amends or modifies the Terms, notice of such amendment or modification will be provided at blackbrookshop.com and notice may also include an email to current members.  Black Brook Shop may terminate the BBS Loyalty Rewards Program at any time, which may result in loss of accumulated points and rewards and cancellation of all benefits and privileges associated with the program.  Black Brook Shop will give current members advance notice if the program is discontinued.  The BBS Loyalty Rewards Program is void where prohibited by law.

Black Brook Shop can delay enforcing its rights under these program Terms without losing them.  In addition, Black Brook Shop’s failure to exercise its rights on any one occasion, or even on more than one occasion, does not constitute a waiver of Black Brook Shop’s rights for any future occasion.  All waivers must be in writing.

ELIGIBILITY

BBS Loyalty Rewards is an individual-oriented program.  Membership in the program is limited to individuals only and to one account per individual.  The BBS Loyalty Rewards Program is open to individuals who are at least 18 years of age, are U.S. residents and who provide first and last name, as well as provide and maintain a valid e-mail address. Corporations, associations, commercial customers and others purchasing items for resale are not eligible for membership.  Black Brook Shop employees and members of their immediate households are eligible for membership and subject to Black Brook Shop’s employee purchase policies.  Membership eligibility is subject to applicable law.

ENROLLMENT

Customers may enroll in the BBS Loyalty Rewards Program on-line at www.blackbrookshop.com.  To enroll in the program, customers must provide their first name, last name and email address.  Customers are not required to provide a phone number to become a BBS Loyalty Rewards Program member.   Members are able to log into their online account (https://blackbrookshop.com/my-account) with their registered email address to update their profile information or view their membership account information, including points balance and points needed to qualify for each Level.  Each Member has the responsibility for the use and security of their email and password.  If a member of the program is not already a registered user of the website, they need to log in to their member account with the email they provided upon enrollment and complete the required profile information.

COMMUNICATION

Members can obtain information about the program, their account activity, and change their profile preferences and contact information at any time on blackbrookshop.com in their online account.  Account and program information may also be obtained by contacting Customer Service by email at cs@blackbrookshop.com.

Communications about the program, including any changes, point summaries, special promotional materials, and rewards, will be sent to the email address provided by the member.  Members may also view their account status on blackbrookshop.com.  Black Brook Shop assumes no responsibility for, and is not liable for any unauthorized access by third parties to, a member’s account and/or account information.

By enrolling in the BBS Loyalty Rewards Program, members agree to receive transactional emails as well as advertising, promotional offers, marketing materials and other communication and updates from Black Brook Shop unless expressly disallowed as a profile preference.  Members may unsubscribe from Black Brook Shop promotional emails at any time via the unsubscribe link in those emails.  Members will continue to receive rewards and program-related messages via email unless they either 1) contact customer service to cancel their membership; or 2) select a full opt-out of all emails including reward notifications via the unsubscribe link in emails that are sent from the BBS Loyalty Rewards Program directly.

Members are responsible for maintaining accurate and updated personal information regarding their account.  Black Brook Shop may obtain change of address updates from other sources such as the U.S. Postal Service, but is not obligated to do so.

MEMBER PRIVACY

The information members provide will be handled according to the Black Brook Shop privacy policy.  If a member is interested in learning more about Black Brook Shop privacy practices, please refer to our Privacy Policy.

MEMBERSHIP

There are seven levels to the BBS Loyalty Rewards Program:

  • Level 1 = Arrow = entry level; members with 0 – 999 points
  • Level 2 = Peace = members with 1,000 – 4,999 points
  • Level 3 = Love = members with 5,000 – 9,999 points
  • Level 4 = Hugs = members with 10,000 – 14,999 points
  • Level 5 = Feather = members with 15,000 – 19,999 points
  • Level 6 = Moon = members with 20,000 – 24,999 points
  • Level 7 = Fab Elite = members with more than 25,000 points

Arrow (entry) level BBS Loyalty Rewards Program membership has the following benefits:

  • Earn a 400 point welcome bonus for setting up an account (a one-time bonus)
  • Earn a 250 point bonus for completing the member account profile (a one-time bonus)
  • Earn 10 points for every $1 spent on qualifying purchases
  • For every 500 points earned, redeem to receive a $5 discount coupon
  • Member-only promotions and events
  • Special point bonus events
  • Updates on new arrivals, special events, promotions and special offers
  • Bonus points for social connections (see below)

Member status levels are based on points (outlined above) – each point level tier achievement will receive the following rewards in addition to the benefits of Arrow (entry) level:

Peace level tier achievement reward:

  • A 250 point level up bonus

Love level tier achievement reward:

  • A 500 point level up bonus
  • One Free Shipping Coupon for a www.blackbrookshop.com purchase  (refer to “Free Shipping Coupon” below)
  • A $5.00 Off Coupon Code to be used at www.blackbrookshop.etsy.com (minimum purchase to use code $10.00)

Hugs level tier achievement reward:

  • A 750 point level up bonus
  • One Free Shipping Coupon for a www.blackbrookshop.com purchase  (refer to “Free Shipping Coupon” below)
  • A $5.00 Off Coupon Code to be used at www.blackbrookshop.etsy.com (minimum purchase to use code $10.00)

Feather level tier achievement reward:

  • A 1,000 point level up bonus
  • One Free Shipping Coupon for a www.blackbrookshop.com purchase  (refer to “Free Shipping Coupon” below)
  • A $10.00 Off Coupon Code to be used at www.blackbrookshop.etsy.com (minimum purchase to use code $20.00)

Moon level tier achievement reward:

  • A 1,500 point level up bonus
  • One Free Shipping Coupon for a www.blackbrookshop.com purchase  (refer to “Free Shipping Coupon” below)
  • A $10.00 Off Coupon Code to be used at www.blackbrookshop.etsy.com (minimum purchase to use code $20.00)

Fab Elite level tier achievement reward:

  • A 2,000 point level up bonus
  • One Free Shipping Coupon for a www.blackbrookshop.com purchase  (refer to “Free Shipping Coupon” below)
  • A $20.00 Off Coupon Code to be used at www.blackbrookshop.etsy.com (minimum purchase to use code $40.00)

SOCIAL CONNECTIONS

Social connection points are awarded to BBS Loyalty Rewards Program members only.  A BBS Loyalty Rewards Program membership account must be created and an email address provided to earn social connection points.

  • Earn 2,000 points for every successful referral.  A successful referral is completed when the new Black Brook Shop customer referred creates a BBS Loyalty Rewards Program account and makes a Black Brook Shop purchase.
    • No purchase is necessary to make a referral.
    • No limit on referral rewards earned per person.
    • Referral (new Black Brook Shop customer) invitation offers $10 off a $50+ purchase.
  • Earn up to 1,000 points for completing various social media activities.  Points awarded only if connection is made from the blackbrookshop.com member account.  Points are awarded once for each action completed.
    • Visit Black Brook Shop’s NEW Products = 100 Points
    • Follow Black Brook Shop on Pinterest = 100 Points
    • Share Black Brook Shop on Facebook = 100 Points
    • Comment on Black Brook Shop’s Facebook Cover Photo = 100 Points
    • Share Black Brook Shop on Twitter = 100 Points
    • Visit Black Brook Shop on ETSY = 100 Points
    • Visit Black Brook Shop’s Facebook Page = 50 Points
    • Visit Black Brook Shop on Instagram = 50 Points
    • Visit Black Brook Shop’s Google+ Page = 50 Points
    • Tweet with #bbshandmade, #bbsrewards or #fabulousjewelry Tags = 50 Points
    • Subscribe To Our YouTube Channel = 50 Points
    • Pin Image(s) From Boho Beaded Jewelry Board = 50 Points
    • Pin Image(s) From Fabulous Good Vibes Board = 50 Points
    • Answer a Question = 50 Points

FREE SHIPPING COUPON

Members who have achieved Love, Hugs, Feather, Moon and Fab Elite Status will be sent a Free Shipping Coupon code to be used toward a future online purchase of any amount at blackbrookshop.com.  Coupons have no cash value, are non-transferable and not exchangeable.  Void if sold, purchased, bartered or exchanged for cash or other consideration or if received or used in violation of these program Terms.  Free Shipping Coupon may not be combined with other promotional or sale price offers, discounts or coupons (except the 25% Fab Club Membership discount).  Valid toward standard shipping only; expedited, international, or bulk/excluded items are not covered.  Black Brook Shop is not responsible for failure of customer to receive coupon due to failures by USPS or email service providers.  Members may be sent the coupon at any time up to 4 months from the time they (re)qualify.  Coupons will be valid until the date printed on the coupon.

PROMOTIONAL POINTS AND BONUS POINT REWARDS

BBS Loyalty Rewards Program members will receive bonus and promotional point offers from time to time throughout the year.  Expiration dates of the promotional and bonus points may vary, but the valid period cannot exceed the membership term.  Points are non-transferrable.  Promotional and bonus points may or may not be combinable with other promotional offers, including other point promotions, depending upon the specific rules of each such promotion or offer.

PARTICIPATION / OWNERSHIP

BBS Loyalty Rewards Program points and/or Discount Coupons (including Free Shipping) are not transferable, have no cash value, may not be purchased and are not redeemable for cash under any circumstances except as required by law.  BBS Loyalty Rewards Program points and/or Discount Coupons (including Free Shipping) may not be combined among members or conveyed by any means to anyone, including through a member’s estate, and may not pass to a member’s successors.  BBS Loyalty Rewards Program accrued points and/or Discount Coupons (including Free Shipping) do not constitute property of the member, and are not transferable by the member upon death, as part of a domestic relations matter, or otherwise.  BBS Loyalty Rewards Program points and other benefits of the program may be taxable where required by law.

A member may cancel their membership at any time by contacting Customer Service at cs@blackbrookshop.com.  Cancellation may take 10 business days to finalize.  Upon cancellation, membership will be deactivated.

Black Brook Shop, at its sole discretion, has the right to terminate an individual membership and close a member’s BBS Loyalty Rewards account at any time and for any reason; including violating these terms and conditions or any conduct detrimental to Black Brook Shop or otherwise not within the spirit of the program.  In the event of a member’s account being terminated, the member forfeits any balance of accumulated points, coupons, rewards or any other account value.

Black Brook Shop reserves the right to make bonus points and other promotional offers available to select members based on purchase activity, geographic location, program participation, and/or information supplied by the member.  Black Brook Shop reserves the right to add, withdraw, amend, or otherwise change bonus opportunities at any time at its sole discretion.

Any account with no qualifying purchases for a period of 1 year (12 months) or more will be deemed inactive and the account may be closed at Black Brook Shop’s discretion.

Purchases and account accrual, as reflected in Black Brook Shop records, shall be deemed correct.  Black Brook Shop reserves the right to determine the amount of Reward Dollars to be awarded to a member based on Black Brook Shop’s internal records related to a member’s account.  In the event of an inconsistency between the amount accrued in a member’s account as stated on any member’s receipt or online and Black Brook Shop’s internal records, Black Brook Shop’s internal records will control.  Black Brook Shop reserves the right to make corrections at any time, in its sole discretion, in the calculation of the award of BBS Loyalty Rewards Program points or Discount Coupons (including Free Shipping).

EARNING POINTS

Members earn 10 points for every $1 spent on qualifying purchases.  Qualifying purchases are defined as any www.blackbrookshop.com or www.blackbrookshop.etsy.com purchase of Black Brook Shop merchandise, excluding the amount of BBS Loyalty Rewards, free gifts, sales tax, state fees, shipping charges, delivery charges, personalized products purchased on blackbrookshop.com, discounts, redemption of Discount Coupons, redemption of gift cards, and fees or other non-merchandise charges.  BBS Loyalty Reward Program points are awarded for the purchase of Black Brook Shop gift cards, but not for items purchased with redemption of gift cards.

Points issued are based on the total qualifying purchase and rounded to the nearest 1 point increment.  For example, $10.49 earns 100 points, where $10.50 earns 101 points.

Points for qualified purchases through www.blackbrookshop.com will post automatically to the members’ account within 72 hours of the qualifying purchase.   Points will be credited only to the account of the BBS Loyalty Rewards member who makes the qualifying purchases.  Points are not transferable or combinable with other accounts.

Points for qualified purchases through www.blackbrookshop.etsy.com will post to the members account after the Receipt ID for the ETSY purchase has been entered into the members account.  Points will not post automatically for ETSY purchases.  Each member is responsible for entering the Receipt ID for ETSY purchases into their account in order to receive points.  Points will be credited only to the account of the BBS Loyalty Rewards member who makes the qualifying purchases.  Points are not transferable or combinable with other accounts.

Points issued are valid for 12 months from the date of purchase.  A member’s points do not expire so long as the member makes at least 1 qualifying purchase of any amount every 12 months.  If the member has no qualifying purchase within any 12 month period, all accumulated points will expire and be forfeited.  Each qualifying purchase automatically extends the expiration date of all unused points in a member’s account for 12 months from the date of the qualifying purchase.  Activities or incentives other than qualifying purchases do not extend the expiration date of accumulated points.

For example: If a customer has 900 points and had two purchases, 4/12/18 and 6/1/18, they can make a purchase on 5/29/19 and save ALL of their points until 5/29/20.  But, if they do not make another purchase,  ALL of their points expire on 6/1/19.

Points are only awarded on transactions where a BBS Loyalty Rewards account is identified at the time of purchase.  Black Brook Shop is unable to retroactively issue points for a purchase where an account was not identified.  Points cannot be issued for purchases made prior to membership.  All points and subsequent rewards must be earned and used according to the Terms.

Points have no cash value and are non-transferable or exchangeable unless specifically authorized by Black Brook Shop.

REDEEMING POINTS

BBS Loyalty Rewards Program points may be redeemed by the member for Discount Coupons.  Points will automatically be subtracted from the member’s point balance at redemption.  Any remaining balance of accrued points will be reflected in the member’s point balance.

Points can be redeemed only if the member has at least 500 points in the member’s account.  Points earned are redeemable after a 15 day exclusion period to avoid points being redeemed before any refunds are activated.

Retroactive usage of Discount Coupons toward purchases is not allowed.

DISCOUNT COUPONS

Discount Coupons redeemed from points are valid toward the purchase of any Black Brook Shop merchandise available on www.blackbrookshop.com.  As birthday gifts or for other events, Black Brook Shop may issue Discount Coupons toward a discount off future purchases on www.blackbrookshop.etsy.com of Black Brook Shop merchandise.

Discount Coupon codes will be automatically e-mailed to members who have successfully redeemed points and/or achieved levels.

Discount Coupons are combinable and can be used in conjunction with any other Black Brook Shop promotional or sale price offer, not to exceed the purchase amount at checkout.  Minimum spend amount in one order to apply a Discount Coupon is $40.00.

Discount Coupons must be fully used within a single transaction; any unused balance will be forfeited.  Discount Coupons are non-transferable or exchangeable unless specifically authorized by Black Brook Shop.  Discount Coupons have no cash value and are not redeemable for cash and no change/currency will be given for any unused portion of a Discount Coupon.  Discount Coupons are void if sold, purchased, bartered or exchanged for cash or other consideration or if received or used in violation of these program Terms.

Discount Coupons will not expire for active BBS Loyalty Rewards Program members.  A qualifying purchase must be made at least once a year to remain an active BBS Loyalty Rewards member.

Discount Coupons will expire for inactive BBS Loyalty Rewards Program members after 1 year (12 months) from date of Discount Coupon issue.

Black Brook Shop will not be responsible for a failure of any program member to receive his or her Discount Coupon in the event the member has failed to update his or her e-mail address.

RETURNS

Points earned on purchased items that are later returned will be deducted from a member’s account.  Should a return create a negative balance in a member’s account, points earned and posted to the account will be applied to the negative balance until the account balance reaches zero.  Then, points resume to accumulating for future rewards.

In the event that a member returns merchandise that was partially or wholly paid for with Discount Coupons, the points used in connection with such a purchase shall not be reissued to such member’s account.

There is a 15 day exclusion period between when points are earned and when points are eligible for redemption to avoid any points being redeemed before a refund is activated.

PROMOTIONS

From time to time, members may be eligible for sweepstakes, contests or other similar promotions.  Participation in such events shall be subject to the terms, conditions, and rules published at the time of such event and applicable state laws.

ADDITIONAL TERMS

Intellectual Property

The Black Brook Shop logo, BBS Loyalty Rewards Program logo and other logos and taglines used in connection with the BBS Loyalty Rewards Program are solely the intellectual property of Black Brook Shop.

Choice of Law

The BBS Loyalty Rewards Program and these Terms will be governed by and construed under the substantive laws of the State of Massachusetts without reference to conflict-of-laws considerations, except where federal law including the Federal Arbitration Act apply.

Individual Arbitration of Claims

Please read this Individual Arbitration of Claims Section (“Arbitration Agreement”) carefully.  It is part of the Terms and affects BBS Loyalty Rewards Program members’ rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Arbitration Agreement.

All claims and disputes between a BBS Loyalty Rewards Program member and Black Brook Shop (including its employees and agents) regarding, relating to or arising out of the BBS Loyalty Rewards Program and/or these Terms shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.

(b) Arbitration Rules.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision.  Arbitration shall be initiated through JAMS, Inc. (formerly Judicial Arbitration and Mediation Services), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If JAMS is not available to arbitrate, the parties shall select an alternative ADR Provider.  The parties may also mutually agree on an alternative ADR provider.  The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”).  The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within one hundred (100) miles of the member’s residence.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(c) Additional Rules for Non-appearance Based Arbitration.

If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

(d) Fees and Costs.

In the event that the member demonstrates that (1) his or her claim is less than $10,000, and/or (2) the costs of arbitration will be prohibitive as compared to costs of litigation, Black Brook Shop will pay as much of the member’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.  Black Brook Shop also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration.  However, Black Brook Shop will not pay a member’s share of the arbitration fees if the arbitrator finds that either the member’s claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).

(e) Authority of Arbitrator.

The arbitrator will decide the rights and liabilities, if any, of the member and Black Brook Shop, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon the member and Black Brook Shop.

(f) Waiver of Jury Trial.

MEMBER AND BLACK BROOK SHOP HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.

(g) Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PROPERTY OWNER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER.  In the event that this subparagraph is deemed invalid or unenforceable neither the member nor Black Brook Shop are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Massachusetts.

(h) Severability.

Except as otherwise provided in subparagraph (g), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

(i) Opt Out of Arbitration.

If a member does not want to be bound to this Arbitration Agreement, the member must opt out of it within 30 days of it first becoming applicable to the member (i.e., within 30 days of the member first agreeing to a version of these Terms containing the Arbitration Agreement).  To opt-out, the member must send a letter or postcard to Black Brook Shop, at the attention of the “Legal Department” at P.O. Box 805, West Wareham, MA 02576.

(j) Survival of Agreement.

This Arbitration Agreement shall survive the termination of the Terms.

(k) Changes to Arbitration Agreement.

Notwithstanding any provision in these Terms to the contrary, Black Brook Shop agrees that if Black Brook Shop makes any future change to this Arbitration Agreement provision, it will not apply to any individual claim(s) of which a member had already provided notice to Black Brook Shop.

(l) Small Claims Court.

Notwithstanding the foregoing, either the member or Black Brook Shop may bring an individual action in small claims court.

(m) Courts.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (including but not limited to if the member opts out of arbitration pursuant to subparagraph (i)) , the parties hereby agree to submit to the personal jurisdiction of the courts located in Plymouth County, Massachusetts, for such purpose.