Effective Date: March 8, 2023
The Spencer's Nation rewards program ("Program") is offered at the sole discretion of Spencer's Gifts LLC, 6826 Black Horse Pike, Egg Harbor Township, NJ 08234 ("Spencer's", "we", "us", "our") to customers making eligible purchases (a "Participant"). By participating in the Program, you agree to these terms and conditions (the "Terms and Conditions") of the Program. You can also access our SMS Terms here.
From time to time, we may provide certain additional offers or promotions that apply to the Program and have additional terms and conditions (in each such instance, and collectively, "Additional Terms"). Please see such Additional Terms for more information about any additional offers or promotions. To the extent that there is a conflict between the offers and promotions in these Terms and Conditions and the offers and promotions in the Additional Terms, the Additional Terms will control.
By downloading and installing the Spencer's Nation mobile application (the "App") and participating in the Program, you agree to be bound by and comply with these Terms and Conditions and any applicable Additional Terms as they may be updated from time to time.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION CLAIMS. PLEASE READ ALL TERMS HEREIN CAREFULLY AS THEY AFFECT YOUR RIGHTS. If you do not agree to these Terms and Conditions and any Additional Terms, do not participate in the Program.
The Program is open only to legal residents of the United States (the "Eligibility Area") who are the age of majority in their jurisdiction at the time of registration in the Program. This Program is void where prohibited or restricted by law. All federal state and local laws apply
Registration. To participate in the Program, you must register your mobile phone number and create a Program account ("Account") via the App. You can access the App by (i) downloading the App from the Apple App Store or the Google Play Store or (ii) clicking on the link sent to your mobile phone number provided during check out at any retail store operated by Spencer's in the Eligibility Area (a "Spencer's Store"). No purchase is necessary to create an Account. Spencer's reserves the right to refuse registration in the Program to any individual that does not meet the eligibility requirements as described in Section 1.
Limitations. You must use your real name when you register for the Program. Any registrations made under an alias will be deemed a violation of these Terms and Conditions and may be subject to termination by Spencer's. Any person attempting to obtain or use more than one Account will be disqualified from participating in the Program in our sole discretion. Disqualification from the Program may include the cancellation of all Punches (defined below in Section 3.2) and your Account. Your Account is personal to you and may not be sold, transferred, assigned, shared, or used for any commercial purpose. In the event that a Participant creates multiple accounts, we may merge Punches or Punch Cards across multiple accounts at our sole discretion.
Earning Punches. Once you become a Participant in the Program, you can earn either a Jewelry Punch (defined below) or a T-Shirt Punch (defined below) by making certain purchases as outlined below. You must earn six (6) Jewelry Punches or four (4) T-Shirt Punches to complete your Jewelry Punch card or T-Shirt Punch card, respectively (each, a "Punch Card"). Completed Punch Cards may be used to redeem rewards ("Rewards") as set forth in Section 4 below.
Qualifying Purchases: Once registered in the Program, a Participant may earn Punches by purchasing any select qualifying Jewelry or any select qualifying T-Shirt (each, a "Qualifying Purchase") from a Spencer's Store. For each Qualifying Purchase, a Participant is eligible to receive one punch (a "Jewelry Punch" or a "T-Shirt Punch", as applicable, each, a "Punch"). Items constituting a Qualifying Purchase will be defined in our sole discretion. A Qualifying Purchase will exclude free items, clearance jewelry, jewelry purchased online, clearance T-Shirts and T-Shirts purchased online. When making a Qualifying Purchase at a Spencer's Store, you must provide the check-out associate with the mobile number associated with your Account. Upon completion of your Qualifying Purchase, you will earn one (1) Jewelry Punch and/or one (1) T-Shirt Punch, as applicable, for each Qualifying Purchase and your Account will be credited with the applicable Punch(es). Spencer's shall not be responsible or liable, in any way, for any losses, costs, or expenses incurred by a delay or error in crediting your Account. For clarification, purchases outside of a Spencer's Store do not constitute a Qualifying Purchase and are not eligible to earn a Punch.
Accrued Punches Viewable in Participant's App: The number of Punches that you have earned will be tracked in the App. You may use the App to check the status of your Punch Card. Unless otherwise stated, once Punches are earned, they will be credited to your Account within approximately twenty-four (24) hours. Each Participant will have the responsibility of ensuring that their Punches are properly credited. Any claim for Punches not credited accurately must be received by Spencer's within seven (7) days of the date of claimed accrual of such Punches. Manual credit of Punches depends on the nature of the issue and may take up to thirty (30) days. Spencer's shall have no liability for any typographical or other errors in the Punches summaries in the App. Spencer's reserves the right to remove Punches from a Participant's Account if it determines that such Punches were improperly credited, obtained fraudulently or through any technique that violates the intent of these Terms and Conditions. Punches added to a Participant's Account that are subsequently determined to be invalid for any reason will be removed from the Participant's Account. Spencer's reserves the right to require proof of accrual of Punches and Spencer's reserves the right to delay the processing or redemption of any Punches without notice to Participant in order to assure compliance with these Terms and Conditions. Our decisions regarding the awarding of Punches are final and binding.
Deduction of Punches: If you return a Qualifying Purchase for which you have earned a Punch, the earned Punch will be deducted from your Account.
No Cash Value or Transferability: Punches do not constitute the property of any Participant and have no cash value. As such, Punches are not redeemable for cash, transferable, or assignable for any reason, and are only redeemable for Rewards through the Program.
Spencer's offers rewards for completed Punch Cards as set forth below (the "Rewards"). A Punch Card with six (6) Jewelry Punches is eligible to be redeemed for one piece of non-clearance jewelry valued up to US $16.99 that is offered by Spencer's in its sole discretion. A Punch Card with four (4) T-Shirt Punches is eligible to be redeemed for one non-clearance T-shirt valued up to US $26.99 that is offered by Spencer's in its sole discretion. Rewards may only be redeemed at a Spencer's Store. A Punch will expire after one year after the date of your last earned Punch. A completed Punch Card will expire one year from the date the Punch Card was completed. Once you have redeemed your Punch Card for a Reward, your Punch Card will be reset. Rewards may not be returned, transferred, or exchanged, for any reason, including if the Reward is stolen or lost. No substitutions of any kind (unless at our sole discretion) are offered or permitted with respect to any Reward.
Rewards Availability. All Rewards available pursuant to this Program are subject to change by Spencer's in its sole discretion without notice. Spencer's does not guarantee the availability of any Reward for any period during the Program. Spencer's may, in its discretion, add new merchandise items for redemption.
All Accounts, Qualifying Purchases, and/or Punches are subject to verification at the sole discretion of Spencer's. Anti-fraud detection devices may be used for verification purposes. Spencer's reserves the right to void Punches and/or Rewards if suspicious activity is detected or suspected. No Rewards redemption will be valid if such Rewards redemption is associated with any Punches and/or Account deemed void for any reason. Spencer's may change its policy or set limitations and restrictions on replacements at any time and without any form of notice. Except as expressly stated above, Spencer's shall not have any liability or obligation to the holder of a void Qualifying Purchase, Punches and/or Rewards or to any third party, with respect to any void Punches and/or Rewards.
Spencer's (or a vendor acting on our behalf) may send you communications via email, text message, and other channels about the Program. You acknowledge that Spencer's may (i) communicate with you about changes to the Program; (ii) communicate with you about any Rewards, offers, promotions, or additional marketing materials; and (iii) share your information with trusted vendors in connection with the Program. Please note that even if you opt out of receiving marketing or promotional email communications, Spencer's may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.
To view the SMS Terms applicable to our text message program, please visit here.
By participating in this Program, you agree that Spencer's and each of its respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents ("Released Parties") are not responsible for: (i) any telephone, satellite, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (ii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iii) any technical, typographical, or other error; (iv) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (v) any error, omission, interruption, deletion, delay in operation or transmission, communications line failure, or unauthorized access to the Program; (vi) any injury or damage, whether personal or property, to Participant's devices related to or resulting from participating in the Program; and (vii) Punches that are late, misdirected, or tampered with. Further, Spencer's is not responsible for any undelivered messages, including without limitation, messages that are not received because of a Participant's privacy settings that may divert any notification.
IN NO EVENT WILL RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE PROGRAM, THESE TERMS AND CONDITIONS, OR OUR OPERATION OF THE PROGRAM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROGRAM, INCLUDING THE REWARDS, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE EXCLUSIONS OR LIMITATIONS.
By participating in the Program, you agree to defend, indemnify, and hold harmless each of the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any of the following: (i) your participation in the Program; (ii) your breach or alleged breach of these Terms and Conditions; (iii) your use of the App; or (iv) any misrepresentation made by you. Spencer's reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any claim without the prior written consent of Spencer's.
By participating in the Program, you agree to waive all of your rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Program.
You will forfeit all Punches earned, if Spencer's suspends or terminates your participation because of conduct that Spencer's determines, in its sole discretion, violates these Terms and Conditions or any applicable law, involves fraud, attempted fraud, or misuse of Program, or is harmful to the interests of Spencer's or its customers. Our failure to insist upon or enforce your strict compliance with these Terms and Conditions will not constitute a waiver of any of our rights.
Spencer's reserves the right, in its sole discretion, to modify, suspend, or terminate the Program and/or any part thereof, including without limitation any Punches or Rewards offered, at any time and for any reason, without any compensation to Participants. Spencer's also reserves the right to deny future participation in the Program if Spencer's deems your conduct to have violated these Terms and Conditions. If Spencer's elects to terminate or modify in a material way the Program or any benefits or policies of the Program, Spencer's will provide a notice of the material modification or termination by posting the modifications or notice of termination in the App, and by sending an email to the email address associated with a Participant's Account. Any modifications will become effective immediately after such posting or other such notification. We encourage you to review these Terms and Conditions regularly for modifications. In the event of termination of the Program, at our election, Spencer's may, in its sole discretion, allow you to complete and redeem any uncompleted Punch Card (if any) accrued through the date of such termination for ninety (90) days after the termination of the Program.
Important: This Section (Section 9) limits certain LEGAL rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative ACTION, and the right to certain remedies and forms of relief. Please review carefully.
In the unlikely event that a disagreement arises between you and Spencer's, you must first contact us directly by emailing at legaldept@spencergifts.com so that we may work in good faith to find a mutually agreeable solution.
If the issue cannot be resolved as described above within sixty (60) days, you and Spencer's agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Program, the App, these Terms and Conditions, or Additional Terms (collectively, "Dispute") through binding individual arbitration, or as we and you otherwise agree in writing. You agree that the term "Dispute" in these Terms and Conditions will have the broadest meaning possible. These Terms and Conditions also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Spencer's, or third party if Spencer's could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and Spencer's agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived.
You and Spencer's explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. No Dispute shall be arbitrated on a class or representative basis. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Spencer's. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution/Mandatory Binding Arbitration provision (Section 9) shall not apply and the Dispute must be brought exclusively in a state or federal court in New Jersey. Accordingly, you and Spencer's consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Our Privacy Policy is available at: www.spencersonline.com/content.jsp?pageName=SecPriv.
Under California law, the Program may be considered a financial incentive, please visit: California Notice of Financial Incentive for more information.
You hereby waive any right to claim ambiguity in these Terms and Conditions. All federal, state, and local laws and regulations apply. Federal, state, and local taxes, if any, are the sole responsibility of the Participant. You shall not use any robotic, automatic, macro, programmed, third party or like methods while using the App. In the event of any conflict with any Program details contained in these Terms and Conditions and Program details contained in program materials (including but not limited to point of sale, FAQs, and other promotional media), the details of the Program as set forth in these Terms and Conditions shall prevail.
The App: The App may contain: (i) materials and other items relating to Spencer's (or any of its vendors) including software, layout, information, databases, images, scripts, designs, graphics, illustrations, photographs, sounds, pictures, videos, technology, interactive features, the "look and feel" of the App; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Spencer's; and (iii) other forms of intellectual property. All rights, title, and interest in and to the App is the property of Spencer's, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
User License: Subject to your strict compliance with these Terms and Conditions, we grant you a limited non-exclusive, revocable, non-transferable, non-sublicenseable, personal license to download, display, view and use the App in connection with your participation in the Program for your non-commercial use only ("User License"). The foregoing User License (i) does not give you any ownership of, or any other intellectual property interest in the App; and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. Your unauthorized use of the App may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. All rights not expressly granted to you are reserved by Spencer's and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.
App Availability: Spencer's will use commercially reasonable efforts to provide access to the App. The App may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Spencer's, access to the App may be interrupted or suspended from time to time. Spencer's shall have the right at any time to change or discontinue any aspect or feature of the App, including, but not limited to, hours of availability, and equipment needed for access or use.
Location-Based Features: If geo-location, or other location-based features are enabled on the device where the App is accessed, you acknowledge that your device location may be tracked and may be shared with others consistent with our Privacy Policy. Use location-based services at your own risk as location data may not be accurate.
Accessing and Downloading the App. You acknowledge and agree that the availability of the App, and the related services available via the App (the "Services") is dependent on the third party from whom you received the App license (e.g., the Apple App Store or Google Play).
CALIFORNIA CONSUMER COMPLAINTS: If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
SPENCER'S: Spencer Gifts LLC, 6826 Black Horse Pike Egg Harbor Township, NJ 08234
All trademarks on the Website or in any other Program promotional materials are the property of their respective owners.
For questions about the Program or these Terms and Conditions, please contact Spencer's Guest Services by email at guestservices@spencergifts.com or by phone at (800) 762-0419.