January 3, 2019

M·A·C Lover Greece Loyalty Program:
Terms and Conditions of Participation

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE M·A·C LOVER LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

SECTION 8 BELOW CONTIANS A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.

  1. Membership Eligibility and Overview

    1. The M·A·C Lover Loyalty Program (“Program”) is offered at the sole discretion of Estée Lauder Hellas S.A. (“M·A·C Cosmetics”, “Company”, “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of Greece and at least 18 years or older and who provide and maintain a valid email address are eligible to become members. If you are underage, you may only participate in the Program with the consent and supervision of your parents or legal guardian. This Program is not targeted at children or intended for use by anyone under the age of 13. Employees of M·A·C Cosmetics and Company's collaborators can create an account in the Program for personal use. M·A·C PRO members are not eligible to participate in the Program. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.
    2. By joining the Program and becoming a Program member, you or your parents or legal guardian, if you are an eligible minor (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and our website Terms and Conditions, which are incorporated herein by reference. If you do not agree to these Terms, our website Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.
    3. The Program is only available in M·A·C Cosmetics owned and operated stores in Greece and on www.maccosmetics.gr within Greece.

  2. Program Enrollment

    1. Eligible individuals may enroll in the Program through one of the following options:
      1. Visit www.maccosmetics.gr (collectively, the “Site”) and follow the Program prompts to register for the Program.
      2. Visit a M·A·C Cosmetics owned and operated retail store in Greece and tell a store associate you would like to register for the Program.
      3. If you are underage, by enrolling in the Program, you are certifying that on your behalf, your parents or legal guardian has consented to your enrollment in the Program, and has read, understood and agreed to be bound by these Terms, our Privacy Policy and our website Terms and Conditions which are incorporated by reference, and by any changes or modification we may make.
      4. You are required to provide your full name, email address, and zip code in order to enroll. If you enroll at the Site, you must also create a password in order to enroll. In order to access certain Program benefits and rewards, you will need to provide us with your birthday, but birthday is not mandatory for Program enrollment. You will also have the opportunity to provide us with your mobile phone number and mailing address, but this information is optional. If you later wish to combine your offline account with the online one you should also provide your mobile number so as to validate the account. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site or by informing a store associate.
      5. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

  3. Program Benefits

    1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. Eligible purchases and other opportunities to unlock Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Once you unlock a certain loyalty tier, you may be eligible for certain benefits and/or rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Visit our FAQs for a current list of available benefits and rewards.
    2. The Program is a tier-based program determined by the amount a member has spent on qualifying purchases within a single calendar year. There are 4 tiers with associated benefits – Lover, Seduced, Devoted and Obsessed. Program tiers are based on your qualifying purchases at M·A·C Cosmetics owned and operated retail stores in Greece and the Site, during a calendar year. When you join, you’ll automatically be placed in Tier 1, Lover and be eligible for all the benefits Lovers receive. Purchases of €150 or more in a calendar year are required to advance to the Seduced tier and qualify for Seduced benefits. Purchases of €300 or more in a calendar year are required to advance to the Devoted tier and qualify for Devoted benefits. Purchases of €450 or more in a calendar year are required to advance to the Obsessed tier and qualify for Obsessed benefits. For the year in which you enroll in the Program, tiers are based on your calendar year spend on qualifying purchases, commencing on the first date after your enrollment when you make a qualifying purchase using your Program membership identification number, and ending on December 31 of that calendar year. For example, if you enrolled in the program on February 1, 2016 and made your first qualifying purchase using your Program membership identification number on February 15, 2016, your Tier for 2017 will be based on your spend on qualifying products and services between February 15, 2016 and December 31, 2016. After the first year, tiers are based on a calendar year (Jan. 1 to Dec. 31) spend on qualifying products and services. In January of each year, your membership level will update based on the dollar amount you spent on qualifying products and services during the previous calendar year and your spending eligibility will be reset to zero for the new calendar year. For the first year when an already existing consumer enroll to the program we will calculate her/his purchase 12 months before and we will assign him/her on the respective tier (without any redeemable points but he/she would be eligible for the other benefits of the tier by day 1).
      Exclusively for the 1st cycle of calendar year 2019 and due to special circumstances, the loyalty program is being re-extended until 31/12/2020. This means that your points and privileges are still valid until the end of 2020.
    3. For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase by logging into your account on the Site or by providing your membership identification in a M·A·C Cosmetics owned and operated store in Greece. To earn points, rewards and benefits, your purchase must be made on qualifying M·A·C products and services. Qualifying purchases include regular priced merchandise and services, and exclude gift cards, sales tax, state fees, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, certain charitable products where funds are donated to M·A·C Aids Fund or any other charitable organization, value sets, select premium products and services, and other specified products.
    4. Neither accounts nor rewards may be shared or combined. Only the member paying for the products may accumulate benefits and rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.
    5. Benefits and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points balances credited to your Program account will be decreased or reversed, as applicable, if all or part of the purchase is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited.
    6. We reserve the right to change Program benefits, how you unlock each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
    7. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact M·A·C Cosmetics Customer Service at CustomerService@gr.maccosmetics.com . [2106595700] Your email must specify your name, address, phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than thirty (30) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
    8. Benefits and rewards can only be redeemed in M·A·C Cosmetics owned and operated stores in Greece, and/or on the Site, depending on the reward.
    9. Rewards cannot be exchanged or returned for another product or service, or a monetary refund.
    10. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.

  4. Marketing Communication

    1. MAC Select is an MAC Cosmetics customer communications and rewards loyalty program. According to the program, members are entitle to specialized skin diagnosis consultations, special offers, personal invitations to events, company/brand updates through promotional mailings and all kinds of communications (print, email, telephone, sms, mms, etc.). You can learn more regarding the communication policy by reading our Privacy Policy.

  5. Termination and Modification

    1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
    2. We reserve the right, at any time, in our sole discretion: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Terms, membership inactivity for more than 24 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards and/or benefits, may result in the revocation of your membership and make you ineligible for further participation in the Program.. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
    3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by contacting Customer Service via email at customerservice@gr.maccosmetics.com or by calling (+30) 210 6595700 or by informing an Artist at any M·A·C Cosmetics owned and operated retail store in Greece.

  6. Disclaimer of Warranties; Limitation of Liability

    1. NEITHER M·A·C COSMETICS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
    2. YOU AGREE THAT NEITHER M·A·C COSMETICS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
    3. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
    4. YOU CAN TERMINATE YOUR MEMBERSHIP BY EITHER REQUESTING IT VIA EMAIL TO THE CUSTOMER SERVICE OR BY CONTACTING A MAKE UP ARTIST IN A STORE AND VIA OUR PLATFORM HE/SHE CAN UPDATE YOUR PREDERENCES AND UNREGISTER YOU FROM THE PROGRAM OR ALTER YOUR COMMUNICATION PREFERENCES AS PER REQUEST.

  7. Indemnification

    1. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.

  8. Governing Law and Disputes

    1. This Program and these Terms will be governed by and construed under the substantive laws of Greece.
    2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE STRICTLY RESOLVED BEFORE THE COMPETENT COURTS OF ATHENS AND PURSUANT TO THE APPLICABLE GREEK LAW.

  9. Privacy

    1. We value your privacy. The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with our Privacy Policy.
    2. The Members explicitly consent to grant the Company responsibility for using and processing their data, either itself or through any other party it will appoint to carry out the said processing at the company’s request and on its behalf. The Members’ personal data will be kept by the Company and will be used exclusively and solely for the purposes of this program, namely, to verify Members’ personal details, for any gift shipments, etc., as well as for future notification of Members about advertising-promotional activities by the Company. In any case, the Members’ personal data will be kept in accordance to the Privacy Policy.

  10. Contact Us

    1. For information about the Program and your membership, contact (+30) 210 6595700 from within Greece or via email CustomerService@gr.maccosmetics.gr. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.