These Terms and Conditions (“Terms”) govern the "ILLY LOVERS", My Loyalty Program of illy caffè North America Inc., which entitles Participants to special benefits, offers, and promotions (“Program”). By registering for the Program, Participants agree to be bound by these Terms.
The Promoter of the Program is illy Caffè North America, Inc. (“ICNA”), with its registered office located at 800 Westchester Avenue, Suite 440, Rye Brook, New York, 10573. ICNA’s parent company is illycaffè S.p.a., with its registered office at Via Flavia, 110 34147 Trieste, Italy ("illy").
2. ELIGIBLE PARTICIPANTS
The Program is open only to US residents who: (i) are 18 years or older, (ii) have a valid illy.com account* and (iii) order products on illy.com for US home delivery or from participating US stores ("Participants"). Participating stores are those located in the US and designated as "illy Caffè" brand stores listed on illy.com and the ILLY App (from the "Store Locator" section of the illy.com website) ("Participating Stores"). All employees of illycaffè S.p.A., ICNA, and those involved in organizing the Program are excluded from participation. Registration for the Program is free. Participation is on an individual basis only. Corporations, associations, groups, and other legal entities cannot enroll in the Program.
*) PLEASE NOTE THAT: in order to take part in the program, the Illy account must be kept valid until the end of the Promotion Period. In case of cancellation of the account, participant’s data will be deleted, as well as any points accrued. Therefore, the consumer won’t be entitled to benefit of any advantage of the Illy Lovers Program, including any benefits previously obtained. Illy accounts are registered with illycaffè S.p.A with offices in via Flavia 110 Trieste – Italy.
3. PROMOTION PERIOD
This initiative will be valid from April 28, 2020 to December 31, 2022, unless extended ("Validity Period"). The Loyalty Program will be open and available to interested consumers until June 30, 2023. Be advised, however, that the Program may be cancelled at any time by the Promoter according to the Terms, as noted below.
4. HOW TO PARTICIPATE
During the Validity Period, Participants can accumulate points (called "Hearts") while purchasing illy products on www.illy.com and in Participating Stores. It will also be possible to accumulate extra Hearts by completing previously planned activities ("Experiences"). Instructions for enrolling in the Program and how to accumulate Hearts are described below.
4.1 PROGRAM REGISTRATION
To take part into the Program, Participants must:
- Go to www.illy.com and navigate to the section dedicated to the ILLY LOVERS Program, (the "Site") or download the ILLY App (the "App").
The app is available for free download on mobile devices with an iOS operating system equal to or greater than 10.0 or an Android equal to or greater than 6.0.
Upon registration, the Participant is enrolled in the Program and can enjoy special advantages, as well as earn Hearts. Each customer may register only once within the Validity Period. Multiple, false, fictitious, or third-party registrations will not be accepted and will disqualify Participants from the Program.
4.2. POINT ACCRUAL TERMS AND CONDITIONS
Participants can accrue Hearts as follows. The Hearts balance will be available in the Personal Area within the time allotted as shown below.
Basic mode (purchasing illy products)
During the Program Validity Period, Participants will accrue 1 Hearts for every $1 spent purchasing illy products on the www.illy.com website or at the Participating Stores. Please note that the Participants also will accrue Hearts for every $1 spent purchasing Gift Cards (i.e., $100 Gift Card = 100 Hearts).
Please note that:
• For purchases to be registered, Participants must log in to their account (either via the Site or App) when purchasing products online or show their loyalty code (on the Program enrollment card) during check-out at Participating Stores.
• If Participants do not log into the Site or show their card at Participating Stores when they make a purchase, they will not earn Hearts.
• Participants purchasing gift cards will accrue Hearts.
• Hearts credits should accrue within 3–5 days from purchase. Lead times may vary for online purchases.
• Hearts will be erased if an order is cancelled or returned. The Heart balance will be updated within 7 working days from an illy.com order cancellation/return or a Participating Store purchase same-day receipt cancellation.
• The Hearts accrual is related to the actual amount paid (plus tax) by the Participant, less the discounts, gift cards, and/or promotions. For example, if a Participant pays $8.00 for a $10.00 product because of a 20% discount, then he or she will accrue 8 Hearts.
Participants will be invited to complete Experiences to accumulate extra Hearts during the Validity Period. Experiences may consist of actions related to purchases (e.g., purchases on different channels, purchases of certain products, repeated purchases in a given period, etc.) or online actions (via the app, social media, quizzes, etc.)
Active Experiences will be published on illy.com (in the applicable section) and in the App and, for each of these locations, the corresponding number of Hearts will be indicated.
Please note that:
• Between one hour and 3 working days is needed for the Hearts accrual to be reported upon completion of an Experience.
• Experience-awarded Hearts will automatically be added to standard Hearts.
• The Promoter reserves the right to update, supplement, or modify the Experiences, the actions associated with them, and the relative number of Hearts awarded to Participants.
5. LEVELS AND BENEFITS
Upon reaching defined Heart thresholds, Participants will be entitled to special benefits, offers, and gifts ("Benefits"). The Program provides 3 different levels based on the number of accrued Hearts:
First Level: From 0 to 400 Hearts - EXPLORER
Second Level: From 401 to 900 Hearts - MASTER
Third Level: +901 Hearts - AMBASSADOR
Each level comes with special Benefits that vary by type, conditions, and level of discount. For example: a First level award could be a one-time 20% off discount on the third order; a Second level awards the same discount 3 times, while a Third level awards the discount 5 times. Benefits may include, but are not limited to, percentage discounts, free shipping, vouchers, free returns, etc. The full list of Benefits associated with each level can be found in the appropriate section of the Site and on the dedicated App.
The Benefits referred to in this Program will be available exclusively in the United States of America, as indicated by specific instructions. Hearts have no cash value and are not transferable, and do not constitute the property of the Participant. Participants do not have any ownership rights in accrued Program Benefits and accrued Program Benefits do not constitute property of the Participant. Participants are expected to consult the terms and conditions of the Benefits and verify the availability of related products and services. Benefits in one level cannot be combined with those earned in the previous level.
Upon enrollment in the Program, Participants will immediately acquire the Explorer Level and will, therefore, be entitled to all Benefits associated with that level. By accruing Hearts in the manner indicated above, Participants will be entitled to reach the thresholds relating to the higher levels and more Benefits. Accrued Hearts will reset every year on December 31 during the Validity Period of the Program. Participant Heart balances will be rest to 0 on January 1 during the Validity Period, however, Participants will keep the status they achieved during the previous year with all its relative Benefits.
For example: a Participant who achieved 500 Hearts and has reached a second level on 12.31.2021 will have zero Hearts on 01.01.2022, but will keep all Benefits of the second level status in 2022.
The Validity Period Hearts will be reset to zero at the end of the Validity Period unless such period is extended. Awarded Benefits can be enjoyed until June 30, 2023 after which they will expire, unless prohibited by law.
6. ADDITIONAL BENEFITS FOR MEMBERS
Program Participants will also benefit from special offers and promotions, as detailed below:
A) WELCOME BONUS
Upon registration, new Participants will receive a "WELCOME BONUS" consisting of:
• A 15% discount on the purchase of illy products with no minimum purchase required to be used on www.illy.com and in Participating Stores.
This is valid until the end of the month following registration and for all products available on the Site and in Participating Stores, with the exception of food and drink, Nespresso compatible capsules,2and
Illy Lovers Program Terms ver5 March2022 4
new and recurring coffee deliveries as part of illy a casa, espresso machine, capsules, and small office subscription programs. . This offer cannot be combined with other promotions.
• A voucher for a free coffee to be used at one of the Participating Stores.
This is valid until the end of the month following registration and on any size Barista prepared coffee drink. This offer is not valid on bottles or cans.
B) INVITE A FRIEND
During the Validity Period, Participants can be awarded further discounts by enrolling their friends in the Program. Each Program Participant will have a personal recommendation code for inviting friends and relatives to enroll in the Program.
Each invited friend who registers for the Program using the recommendation code will receive a 15% discount for their first purchase on illy.com or in Participating Stores. When invited friends use their 15% discount on their first purchase, the Participants who invited him/her (i.e., the recommendation code holders) will also receive a 15% discount.
Both discounts are valid for 1 month from issue and can be used without a minimum purchase on all products available on the site and in Participating Stores with the exception of the “Illy Art Collection” products. . This offer cannot be combined with other promotions.
C) CUSTOMER BIRTHDAY
All Participants who have downloaded the App will be awarded a special promotion during the month of their birthday.
The "Customer Birthday" entitles Participants to a gift in one of the following alternatives:
▪ By redeeming it at a Participating Store with no purchase obligation.
▪ By purchasing an illy product for the first time on the illy.com website.
Participants will be informed about gift details and how to receive it via the App and/or e-mail during the month of their birthday. The gift must be redeemed within one month after receiving the communication. The gift may differ depending on the membership level.
D) OTHER GIFTS AND SPECIAL PROMOTIONS
In addition to the level Benefits, the Program may create other gifts, activities, and promotional initiatives, e.g., special offers and promotions, unexpected delights, competitions, etc.. Some initiatives may be reserved for certain Participant categories based on defined characteristics and/or requirements, e.g., having downloaded the App.
7. CHANGES TO THE REGULATIONS
During the Validity Period, the Promoter reserves the right to modify, replace and/or integrate the methods for accruing Hearts and/or the required Participant actions, as well as to launch marketing initiatives, e.g., accelerators, extra bonuses, etc., that will allow further opportunities to earn Hearts. The Promoter will promptly communicate any such modifications or changes in a manner it deems most effective and in compliance with applicable laws.
During the Validity Period, the Promoter, while safeguarding previously acquired Benefits, also reserves the right to modify the criteria and requirements for the attribution of levels and its relative Benefits.
8. ARBITRATION/WAIVER OF CLASS ACTION
By joining the illy Rewards Program, Participants (you) agree to arbitrate any dispute you may have with illy or ICNA. Read this arbitration provision carefully. This arbitration provision covers any and all disputes between us, including, without limitation, disputes based on contract, tort, consumer rights, common law, and equity. This requirement also includes disputes about the validity, enforceability or scope of this arbitration provision.
If one of us elects to arbitrate a 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 illy Caffè North America, Inc., 800 Westchester Avenue, Suite 440, Rye Brook, NY 10573. We will send any such election by us to the last current address you provided. 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 administrator either the American Arbitration Association ("AAA") or JAMS. Information regarding the AAA may be found by contacting the AAA at 1633 Broadway, 10th Floor, New York, NY 10019, adr.org, (800) 778-7879. Information regarding JAMS may be found by contacting JAMS at JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, jamsadr.com, (800) 352-5267.
The arbitrator(s) will be appointed in accordance with the procedures of the arbitration administrator. The arbitration will take place in the federal judicial district where you reside and either one of us may elect to appear by telephone. We will pay the arbitration filing fee and consider requests to advance additional costs and fees on your behalf. If you receive a favorable award from the arbitration proceeding, we will reimburse you for the reasonable costs and fees of arbitration (but this does not include fees of attorneys, experts or consultants, unless applicable law provides you a right to recover those fees).
YOU AGREE NOT TO BRING A DISPUTE AGAINST US IN A CLASS ACTION, REPRESENTATIVE ACTION OR SIMILAR PROCEEDING IN COURT OR ARBITRATION. YOU ALSO AGREE NOT TO BRING A DISPUTE AGAINST US ON BEHALF OF ANY OTHER PERSON, AND YOU AGREE THAT NO OTHER PERSON MAY BRING A DISPUTE AGAINST US ON YOUR BEHALF. YOU MAY NOT JOIN A DISPUTE IN A SINGLE ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON. IF YOU TRY TO ASSERT ANY DISPUTE IN A CLASS ACTION OR SIMILAR PROCEEDING, WE CAN REQUIRE THAT IT BE RESOLVED IN INDIVIDUAL (NON-CLASS) ARBITRATION. YOU FURTHER AGREE NOT TO BRING A DISPUTE AGAINST US IN A PRIVATE ATTORNEY GENERAL ACTION IN COURT OR ARBITRATION.
If you do not want this arbitration provision to apply, you must reject it in writing by mailing us a written rejection notice containing your name legibly printed as well as the mobile phone number and email address associated with your Member account, a statement that you reject this arbitration provision, and your signature. You must send your rejection notice to us at: illy Caffè North America, Inc., 800 Westchester Avenue, Suite 440, Rye Brook, NY 10573. Your rejection notice is effective only if it meets the above requirements, is signed by you, and we receive it within sixty (60) calendar days after the date you become a Participant in the Program.
This arbitration provision is governed by the Federal Arbitration Act (the "FAA"). The arbitrator(s) must follow: (1) the FAA; (2) all other applicable substantive law (except when contradicted by the FAA); (3) any applicable statute of limitations; and (4) rules as to valid claims of privilege. Further, the arbitrator(s) shall issue a written decision including the reasons for the award upon either party's request. The decision of the arbitrator(s) will be final and binding, except for any appeal right under the FAA. This arbitration provision will survive the termination of these Terms or your relationship with us. If any part of this arbitration provision is found to be void or unenforceable under applicable law, all other parts of this arbitration provision and of these Terms will still apply; except that if the class action paragraph above is found to be void or unenforceable in any way, this entire arbitration provision shall be deemed void and shall not apply, but all other parts of these Terms will still apply.
9. MISCELLANEOUS TERMS AND LIMITATIONS
a. The Program is valid only at participating illy Caffè coffee shops in the United States. A list of participating illy Caffè coffee shops is available here. Membership in the Program is non-transferable. By enrolling and becoming a Participant in the Program, you agree to these Terms as they may be in force and changed at any time. You are responsible for remaining knowledgeable about the Terms. In addition, ICNA may change the means of administering the Program at any time. If you disagree with any part of these Terms, you may not use the Program. Your use of the Program constitutes your acceptance of all published Program Terms. The Program is not available to employees of ICNA or illy and its affiliates or subsidiaries. ICNA reserves the right to void Heart points or to otherwise disqualify Participants who have violated any of these Terms or committed any fraud or abuse of the Program. ICNA further reserves the right to modify or terminate this Program, its Terms, or any portion of the Program at any time at its sole discretion and without prior written notice, except as may be required by applicable law. ICNA also reserves the right to change the amount of Heart points to be granted for purchases at its sole discretion and without prior written notice except as may be required by law. All offers are void where prohibited by law.
b. These Terms are governed by the laws of the state of New York, without regard to its conflict of law provisions. If any part of these Terms are found to be void or unenforceable under applicable law, all other parts of these Terms will apply. ICNA may choose not to enforce, or to delay the enforcement of, any Participant’s obligations or rights, remedies, or limitations under these Terms. However, no such delay, or choice to not enforce, shall constitute a waiver of that obligation, right, or remedy.
c. Participants with questions or disputes should contact ICNA at illycaffè@illyrewards.com. ICNA must be notified of any account discrepancies within 30 days of when the applicable transaction occurred, after which no adjustments will be allowed.
d. Purchases paid with Hearts, gift cards, and/or dollar-discount coupons will not earn Heart points except to the extent that the purchase amount exceeds the amount paid with such points. Heart points issued under the Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Hearts points is the sole responsibility of the Participant. Purchases made prior to a Participant’s enrollment in the Program are not eligible to earn Hearts.
e. Except as required by law, the type, quality or fitness of goods or services provided through the Program, including, but not limited to the Benefits have no express or implied warranties or representations. Promoter hereby disclaims the implied warranties of merchantability and fitness for a particular purpose, and to the maximum extent permitted by law, expressly disclaims any and all liability (including consequential damages) relating to the Program or the Benefits.
f. The Promoter reserves the right to disqualify any Participant that violates these Terms or engages in fraudulent or illegal activity with respect to the Program.
g. The Promoter cannot accept any responsibility for any damage, loss, or injury (including indirect or consequential loss) suffered by any entrant entering the Program or as a result of accepting any Benefit. However, nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence.
h. The Promoter is not responsible for any technical problems or human error that may result in a registration, submission, or entry not being received or being lost or damaged, or for any destruction or alteration thereof, or unauthorized access to the Site.
i. The Promoter’s decision regarding any aspect of this Program is final. The Promoter may refuse to award Benefits or modify the Program, for any reason.
j. The Promoter reserves the right to withdraw, vary, cancel, or suspend an element of a Benefit if, due to circumstances outside of its control, that element is no longer available. The Promoter will not be responsible for, or liable to any Participant if all or part of a Benefit is not available or must be varied or cancelled for any reason. In the event of unforeseen circumstances, the Promoter reserves the right to substitute an element of the Benefit for an alternative of equal or greater value.
k. The Promoter is not responsible for any third-party acts or omissions.
l. This Program is governed by the laws of the State of New York, USA. Any dispute regarding the Program or these Terms shall be submitted on an individual, and not a class-wide basis, to a court of competent jurisdiction in the State of New York, USA. The Program is subject to all applicable laws and regulations.
m. If an act, omission, event, or circumstance occurs which us beyond the reasonable control of the Promoter, and which prevents the Promoter from complying with these Terms, then the Promoter will not be liable for any failure to perform or delay in performing its obligation.
n. These Terms represent the entire agreement of the parties with respect to the Program and the Benefits. It may not be modified, amended, or waived except in a writing signed an officer of the Promoter.
o. If this Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter including because of war, terrorism, state of emergency, epidemic, pandemic, or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures, or any act or omission that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Program, then the Promoter reserves the right, in its sole discretion, and to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate, or cancel this Program, as appropriate.
p. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these Terms of entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Program. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
10. PROCESSING OF PERSONAL DATA