JOHN HARDY BALI ORIGINS PROGRAM
OFFICIAL TERMS AND CONDITIONS
1. Membership & Eligibility
The Bali Origins Program ("Program") is a loyalty program offered by John Hardy USA Inc. ("John Hardy") to its customers located in any of the 50 states in the U.S. Membership to the Program ("Membership") is limited to individuals only and membership eligibility is not determined at a household level. Employees, officers, directors, agents and representatives of John Hardy and its affiliates are not eligible for Membership. You must be age 18 years or older and a legal resident of the United States to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation. VOID WHERE PROHIBITED BY LAW.
A MINIMUM SPEND OF $65,000 ON JOHN HARDY PRODUCT AT A JOHN HARDY BRICK AND MORTAR STORE AND/OR AT WWW.JOHNHARDY.COM OR AT ONE INDIVIDUAL UNAFFILIATED RETAILER IS REQUIRED TO BE ELIGIBLE FOR MEMBERSHIP. BY ACCEPTING THE MEMBERSHIP REWARD OFFERED, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS").
Affiliates of John Hardy may also have similar customer programs. Membership in the Program does not confer any rights or benefits in the program of any other John Hardy affiliate.
If your qualifying spend on John Hardy product has been in a participating retailer, you must provide John Hardy with complete and accurate records of your transactions in order that John Hardy can validate your achievement of the minimum qualifying spend. You also agree that John Hardy may verify this information directly with the retailer as a condition to granting membership and offering the program reward/s.
2. Achieving Membership Status
Achieving membership status requires a minimum spend on merchandise between March 27, 2019 and March 31, 2020 at $65,000 USD.
Under the Program, every U.S. dollar spent on John Hardy merchandise either online at www.johnhardy.com or spent in a John Hardy retail boutique or spent at a single participating unaffiliated authorized retailers will be credited to your qualifying spend threshold of $65,000. For the avoidance of doubt, you must spend $65,000 at a single unaffiliated retailer and your purchases at different un-affiliated retailers may not be aggregated to reach the qualifying threshold of $65,000. However, your purchases at www.johnhardy.com and/or at a John Hardy store may be aggregated. If your spend on John Hardy has been in a participating retailer, you must provide satisfactory proof of this spend to John Hardy.
You must provide your registered e-mail address to have any points credited to your account when shopping in a John Hardy retail boutique or online at www.johnhardy.com. When purchasing with a participating retailer, you must associate the transaction with your account at that retailer to ensure verification can occur.
Any reference to "merchandise" or the value of "merchandise" in these Terms for purposes of accumulating qualifying spend includes all John Hardy products sold online, in John Hardy retail boutique or participating retailer. It does not include e-gift cards, gift cards, ticket purchases for special John Hardy events, taxes or shipping.
You can obtain your total spend by contacting email@example.com.
3. The Bali Origins Experience Reward
If qualifying spend threshold has been achieved through shopping online at www.johnhardy.com or in a John Hardy retail boutique, our Membership advisor will directly contact you to congratulate you and extend the program reward.
If qualifying spend threshold has been achieved through shopping with a participating retailer, you will need to contact firstname.lastname@example.org to advise on your spend. Once validated our Membership advisor will directly contact you to congratulate you and extend the program reward.
Upon achieving qualifying spend, you must accept the trip within three (3) months of offer and provide travel dates within the following twelve (12) months. YOUR ACCEPTANCE OF THE TRIP, AND YOUR ABILITY TO PARTICIPATE, IS SUBJECT TO AND CONDITIONAL UPON YOU AND YOUR TRAVEL COMPANION EXECUTING A LIMITATION OF LIABILITY, RELEASE, ASSUMPTION OF ALL RISKS AND ARBITRATION AGREEMENT IN FORM AND SUBSTANCE ACCEPTABLE TO JOHN HARDY.
John Hardy will compensate the below for you and your plus 1:
• Business class, return flights from any major airport in the U.S to Bali
• Four nights’ accommodation in top-tier accommodation
• Transport round trip from the accommodation to scheduled activities
• Four dinners, at the scheduled accommodation
• Lunch at the Bali Workshop
• Reimbursement for breakfasts, lunches and dinners at the accommodation up to a maximum total of US$4,000 for both you and your travel companion – NOTE: You will be responsible for any amounts over the US$4,000 total maximum and/or for the costs of any meals, food or beverages outside the accommodation
Workshop & Kapal Boutique Visit (1 day)
• Join the Masterclass for a rare opportunity to work in tandem with John Hardy’s master artisans at the Ubud workshop. Witness their intricate craftsmanship firsthand as you customize your own piece of John Hardy jewelry. This intimate experience will include learning about John Hardy’s unique 8-step process, an exclusive behind the scenes tour of the workshop and an organic on-site lunch alongside the design team and artisans.
• Tour the John Hardy workshop
• Design your own bracelet back grill or Classic Chain clasp plate, including learning to render the design with watercolor and carve it in wax
• Try your hand at weaving Classic Chain
• Join us for our daily organic long table lunch
• Your one-of-a-kind finished piece will be shipped to you within 1 month, should you choose to purchase it.
• The John Hardy Ubud Workshop & Showroom is our oasis as well as the source of our iconic handcrafted Classic Chain – drawing inspiration from nature, ancient artistry and cultures, and celebrating a life well lived. With soaring architecture made from sustainable materials set amid 400 lush acres, our onsite boutique, Kapal Bambu, offers a wide selection of both Women’s and Men’s jewelry to find your next signature piece.
Your journey also includes your choice of two of the following three (3) day-long experiences:
• Pure Origins Experience includes visits to Tenganan Village, a traditional Balinese Village, Lunch at Bali Asli overlooking Mount Agung, and the gates of heaven at Lempuyang Temple
• Artisan Heritage Experience includes visits to our friends in handcrafted art at Gaya Ceramic, and Threads of Life weaving and textiles, as well as a tour of traditional painting and stone carving artisan workshops for which Ubud is known. Lunch at Hujan Local is also included.
• Inspiring Bali Experience includes a sunrise trek up Mount Batur, a visit with third-generation master wood carver I Made Ada, and taking in quintessential views at Tegalalang Rice Terrace and the Ubud Palace.
Rewards are non-transferable, and cannot be sold, returned or exchanged for another product, gift card or e-gift certificate. John Hardy is not responsible for associating transactions that you have not provided your account email address for. You are responsible for all federal, state, and/or local taxes and fees and costs associated with rewards receipt and/or use, regardless of whether it is, in whole or part, used. You may be issued an IRS form 1099 by John Hardy for the value of the reward. You should seek the advice of a tax specialist in connection with this Program.
4. Order Cancellation/ Refunds
If an item that you have purchased is cancelled or returned for a refund, your account will reflect the net purchase amount and the original purchase amount will not be recognized towards your qualifying amount. NOTE: Once your trip is booked and confirmed, any item(s) you purchased from John Hardy that have qualified you for the Program reward will constitute a FINAL SALE and will be NON-REFUNDABLE and, if your purchase was through a third-party retailer then the retailer’s return policy will govern.
6. Communications with John Hardy
By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from John Hardy. By signing up to join the Program, you will automatically be subscribed to receive Program emails.
7. Opting Out of Communications with John Hardy
If you do not wish to receive marketing communications from John Hardy, you can request that they be discontinued by emailing Customer Service at email@example.com or by calling 888-838-3022.
8. Changes, Termination And/Or Removal From Program
John Hardy may, in its sole and unreviewable discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole and unreviewable discretion, by posting any such changes on the John Hardy website. YOUR CONTINUED PARTICIPATION IN THE
PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
John Hardy reserves the right to exclude individuals from the Program. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by John Hardy), failure to follow any terms of the Program, Membership inactivity, any misrepresentation or any conduct detrimental to the interests of John Hardy not otherwise protected by law may subject members to Membership revocation or deduction of points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. John Hardy reserves the right to make changes to its Web site and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, JOHN HARDY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF ILLNESS, ACCIDENT, BODILY INJURY, DEATH, CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON JOHN HARDY'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM JOHN HARDY AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
10. Resolving Disputes
If a dispute should arise between you and John Hardy, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's satisfaction by using our customer service, reachable by emailing Customer Service at customerservice@JohnHardy.com or by calling 888-838-3022.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND JOHN HARDY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
11. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and John Hardy agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate John Hardy’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances John Hardy may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or John Hardy must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 620 8th Avenue, New York, NY 10018.
(3) Send one copy of the Demand for Arbitration to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and John Hardy will pay all other administrative costs and fees. In addition, for claims of less than $1,000, John Hardy will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and John Hardy, 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 Program 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 you and John Hardy.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES 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. 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. In the event any litigation should arise between you and John Hardy in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND John Hardy WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing John Hardy at arbitrationoptout@JohnHardy.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Program terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Program.
12. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York County, New York. This provision does not apply to residents of New Jersey.
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by John Hardy, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
14. Additional Information on the Program
If you have any questions regarding the Program, you may email Customer Service at customerservice@JohnHardy.com or call 888-838-3022.
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