THE DOLLARS & SCENTS REWARDS PROGRAM

TERMS AND CONDITIONS

Last revised

PLEASE READ CAREFULLY. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE DOLLARS & SCENTS REWARDS PROGRAM,

1. Consumer Disclosures Regarding POINTS

33025. The Dollars & Scents Rewards Program described herein (“REWARDS ”) is conducted by and for The Fragrance Outlet, Inc. and fragranceoutlet.com (collectively "TFO "), a subsidiary company of Obsession Operating, Inc., with its principal office at 2650 SW 145th Ave, Miramar, FL 33027.
33026. Membership and participation in REWARDS is free to eligible persons. See Section 2 of the REWARDS Program terms and conditions (the "Terms and Conditions ") for eligibility requirements.
33027. Subject to these Terms and Conditions, Members of the Dollars & Scents Rewards Program ("MEMBER") earn points (" POINTS") with every completed purchase made directly from TFO stores (“TFO Stores ”) or on the TFO website - fragranceoutlet.com (the "WEBSITE "). The number of POINTS earned per dollar spent is based on the Level a MEMBER has reached ("MEMBERSHIP LEVEL "). MEMBERSHIP LEVEL is based on the amount spent by the MEMBER at TFO Stores or on the WEBSITE during a rolling 365 day period. There are three MEMBERSHIP LEVELS: Bronze, Silver, and Gold. The benefits provided to each MEMBERSHIP LEVEL are discussed in Section 4.
33028. MEMBERSHIP LEVELS and POINTS balances will be available via the WEBSITE and, upon request, at TFO Stores. POINTS earned and changes to MEMBERSHIP LEVELS based on purchases at TFO Stores may take up to two (2) business days to appear online after a purchase is completed. POINTS are earned only for whole dollars spent. POINTS ARE NOT AWARDED : (1) with respect to any tax charged on purchases; (2) with respect to shipping and/or handling charges; OR (3) in connection with the purchase of gift cards. POINTS are earned only with respect to the price actually paid for the TFO product purchased by the MEMBER, exclusive of any discounts, shipping and handling charges and/or any taxes. For example, if an item is on sale or being sold at a discount, POINTS are earned with respect to the sales price or discounted price actually paid, not the original price.
33029. POINTS are not transferable or assignable, have no independent monetary value and may not be redeemed for cash, merchandise, or any other benefit, except that they may be redeemed for TFO merchandise as expressly provided in these Terms and Conditions. POINTS can be used only once and only by the MEMBER to whom they were awarded.
33030. f. POINTS expire after eighteen (18) continuous months of purchase inactivity by the MEMBER.
33031. A MEMBER's MEMBERSHIP LEVEL may be automatically downgraded, as explained in Section 5.
33032. h. POINTS CANNOT BE USED: towards the purchase of gift cards.

2. Membership and Eligibility Requirements

1. Membership in the Dollars & Scents Rewards Program is available at no cost to all persons who (i) are legal residents of one of the fifty (50) United States, and (ii) are at least 18 years of age. A purchase is not necessary to become a MEMBER of the Dollars & Scents Rewards Program .
2. To sign up for the Dollars & Scents Rewards Program, log on to the WEBSITE and follow the prompts or visit a TFO Store and sign up there.
3. Each MEMBER’s right to accumulate and use POINTS is conditioned upon the MEMBER’s agreement to and compliance with these Terms and Conditions and the terms and conditions of the WEBSITE, including the TFO Privacy Policy set forth at https://www.fragranceoutlet.com/policies/privacy-policy ("Privacy Policy"), then in effect. By joining the Dollars & Scents Rewards Program, each MEMBER agrees to the Dollars & Scents Rewards Program Terms and Conditions and the terms and conditions of the WEBSITE and Privacy Policy then in effect, and agrees, among other things, to TFO's use of the MEMBER's personal information in the manner and in accordance with the Privacy Policy. In addition, a MEMBER's use of POINTS constitutes that MEMBER's confirmation of his/her agreement to these Terms and Conditions and the terms and conditions of the WEBSITE and Privacy Policy then in effect.
4. TFO reserves the right to terminate and/or refuse membership to any person it determines, in its sole discretion, has not complied with these Terms and Conditions, or is responsible for tampering with the Dollars & Scents Rewards Program sign up process and/or any other aspect of the Dollars & Scents Rewards Program, as provided in Section 15.

3. Eligible Transactions/Activities

1. Subject to the exceptions listed in these Terms and Conditions, all MEMBER purchases directly from TFO, whether online or at physical TFO stores, are eligible for earning POINTS. It is also possible that POINTS could be earned for eligible activities, such as responding to a survey. TFO is the final authority on whether a transaction or activity qualifies for an award of POINTS, and TFO reserves the right to deduct POINTS from a MEMBER's ACCOUNT (defined below) at any time in its sole discretion.
2. Any attempt to obtain POINTS as a result of a transaction or other qualifying activity for which a Dollars & Scents Rewards Program MEMBER has already received credit is prohibited and shall constitute a violation of these Terms and Conditions.
3. POINTS will not be given or awarded (or may be recaptured and voided if already awarded) for the following:

• Cancelled orders
• Orders that are not fully paid
• Shipping and handling charges

• Any and all applicable taxes
• Gift card purchases
• Refunded purchases

4. MEMBERSHIP LEVELS

MEMBERS of the Dollars & Scents Rewards Program earn POINTS and benefits based on their MEMBERSHIP LEVEL. Benefits can be combined with other TFO offers and promotions. The MEMBERSHIP LEVEL benefits are set forth and explained below.

 

 

1. POINTS Earning Ratio per Dollar Spent: This number correlates to the number of POINTS earned per dollar spent in TFO Stores or on the WEBSITE. Earned POINTS can take up to two (2) business days to appear in a MEMBER’s ACCOUNT after either the goods are purchased in-store or, in the case of purchases made on the WEBSITE, the goods are shipped to the MEMBER.
2. POINTS Redemptions: POINTS are tendered at the conversion rate of 1%. Examples of the conversion are set forth below:
   • MEMBER has 100 POINTS - $1 off purchase
   • MEMBER has 1,000 POINTS - $10 off purchase
   • MEMBER has 1,500 POINTS - $15 off purchase
3. Point Multiplier Events: earn additional POINTS on specific product purchase consistent with the terms and conditions disclosed during such promotion.
4. Insiders Seasonal Events: Early access to new products and promotional events in TFO Stores and on the WEBSITE.
5. Insider Monthly Events: earn additional POINTS on monthly promotional product purchase consistent with the terms and conditions disclosed during such promotion.

5. Automatic Downgrade

MEMBERS can be automatically downgraded from their current MEMBERSHIP LEVEL if their spending in any 365 day period falls below the amount required for such Level. For example, on September 1, 2022 a MEMBER enters the Silver Level by spending $250 at any TFO Store or on the WEBSITE. If on September 1, 2023 the MEMBER has not spent an additional $250 or more, the MEMBER will be automatically downgraded to the Bronze Level. The MEMBER can reenter the Silver Level upon reaching the $250 requirement for the 365 day period starting on the date the $250 spend requirement was satisfied.

6. POINTS Redemption

POINTS may be redeemed for purchases at checkout in store and online. MEMBERS must provide either an email address or phone number to the sales associate at the beginning or during the transaction to redeem available POINTS in the TFO Stores. For online purchases made on the WEBSITE, a MEMBER’s available POINTS balance will be displayed from the ACCOUNT page and may be redeemed during check-out.

7. Returns/Exchanges

a. Return with a receipt (not an exchange) - If a MEMBER is returning item(s) for which a return is allowed (see TFO’s return policy for details) and for which a POINTS redemption was used for the original purchase, the MEMBER will receive back in cash or credit (depending on how the original purchase was transacted) the price of the item(s) minus the POINTS tendered. The MEMBER will NOT receive back cash or credit for the amount of the POINTS redeemed in the original purchase, but the POINTS will be returned to the MEMBER's available POINTS balance . Example - A MEMBER purchased an item priced at $50, and redeemed $10 in POINTS (MEMBER paid $40 using accepted payment method). If the MEMBER returns the item with a receipt, the MEMBER will receive back $40 - the price of the original item minus the value of the POINTS redeemed – and 1,000 POINTS ($10) will be returned to the MEMBER’s ACCOUNT.

b. Return without a receipt (not an exchange) - If a MEMBER does not have a receipt, the return will be processed in the same manner as any other allowable return without a receipt present, but the POINTS redeemed with the original purchase will be returned to the MEMBER's available POINTS balance where confirmed as a MEMBER by TFO sales records. (only in the event the transaction can be found manually)

c. Processing an Exchange with a receipt - If a MEMBER (with a receipt) wishes to exchange a purchased item for a higher priced item, the MEMBER must pay the difference due for the higher priced item. If a MEMBER (with a receipt) wishes to exchange a purchased item for a lower priced item, the following will apply:

(i) If the difference between the price of the original item and the price of the exchange item is greater than the value of the POINTS used, then the MEMBER will be refunded (in cash or credit) only the amount by which such difference exceeds the value of the POINTS redeemed with the original purchase. Example - A MEMBER purchased an item for $50, and redeemed $10 in POINTS (MEMBER paid $40 using an acceptable payment method). If the MEMBER exchanges the original item for an item priced at $30, the MEMBER will receive $10 in cash or credit and 1,000 POINTS ($10) will be returned to the MEMBER’s available POINTS balance.

(ii) If the difference between the price of the original item and the price of the exchange item is less than or equal to value of the POINTS redeemed with the original purchase, then the MEMBER will NOT receive a cash or credit refund, however, the MEMBER will receive back the POINTS redeemed with the original transactions. Example - A MEMBER purchased an item priced at $50, and redeemed $10 in POINTS (MEMBER paid $40 using an acceptable payment method). If the MEMBER exchanges that item for an item priced at $47, the MEMBER will not receive a cash or credit refund, because the difference between the price of the original item and the price of the exchange item ($3) is less than the value of the POINTS redeemed with the original purchase ($10). The 1000 POINTS ($10) applied in the original purchase will be credited back to the MEMBER’s ACCOUNT and the 700 POINTS ($7) due will be applied to and redeemed for the exchange transaction with the remaining 300 POINTS ($3) returned to the MEMBER’s ACCOUNT.

 

 

* (Example 1) The price of the original item is $10 less than the price of the exchange item.

**(Example 2) The MEMBER does not have to pay any money (in addition to returning the originally purchased item) in exchange for the item with the purchase price of $47, as the value of the POINTS ($10) exceeds the Price Difference ($3) by $7. The 1000 POINTS ($10) applied in the original purchase will be credited back to the MEMBER’s ACCOUNT and the 700 POINTS ($7) due will be applied to and redeemed for the exchange transaction with the remaining 300 POINTS ($3) returned to the MEMBER’s ACCOUNT.

***(Example 3) The MEMBER will not have to pay any money (in addition to returning the originally purchased item) in exchange for the item with the purchase price of $50, as the value of the 1,000 POINTS ($10) exceeds the Price Difference ($0) by $10.

****(Example 4) Because the price of the exchange item exceeds the price of the original item by $10, the MEMBER will have to pay an additional amount of $10 in addition to returning the originally purchased item. However, the MEMBER still receives the value of the 1,000 POINTS ($10) redeemed in the original purchase.

8. POINTS Accounts

1. Upon signing up for the Dollars & Scents Rewards Program, a Dollars & Scents Rewards Program POINTS Account (an "ACCOUNT ") will be established for the MEMBER, and this ACCOUNT will be credited with POINTS each time an eligible purchase is made, subject to these Terms and Conditions.
2. MEMBERs are able to access their ACCOUNT and review the balance of accrued POINTS by accessing the WEBSITE. A link to sign in to MEMBER ACCOUNTs will appear on the WEBSITE. TFO MEMBER ACCOUNT numbers and passwords will control access to and use of the ACCOUNTs.
3. MEMBER ACCOUNTs can be accessed 24 hours a day, 7 days a week on the WEBSITE. MEMBERs are responsible for the selection and use of an ACCOUNT password and for maintaining the confidentiality of that password. TFO recommends that MEMBERS not divulge ACCOUNT numbers and/or passwords to anyone. Each MEMBER is solely responsible for any actions taken by any person or entity who obtains the MEMBER's ACCOUNT number and/or password, including, without limitation, any redemption of earned POINTS, any violation(s) of these Terms and Conditions and/or all other applicable TFO rules and regulations, and any disclosure or details of the MEMBER's ACCOUNT or further disclosure of the MEMBER's ACCOUNT number and/or password. TFO is not and shall have no liability for any losses or damages of any kind or nature, resulting from unauthorized access to, or use of, a MEMBER's ACCOUNT or password.

9. Program Changes; Program Termination

1. TFO reserves the right to change these Terms and Conditions and the Dollars & Scents Rewards Program rules, benefits or regulations at any time and without notice. This means, by way of example only, that TFO can change the manner in which POINTS are earned, accumulated and/or converted, and/or the manner in which POINTS are redeemed. Such changes may include modifications that, among other things, (1) alter the POINTS earned per dollar spent, (2) alter the POINTS required to reach a MEMBERSHIP LEVEL, (3) alter the percentage discount for a MEMBERSHIP LEVEL, (4) alter what activities, other than purchases, qualify for earning POINTS, (5) alter any other benefit of the Dollars & Scents Rewards Program, and/or (6) limit the eligible transactions, activities and/or merchandise to which POINTS can be applied and/or redeemed. Unless otherwise stated, the Terms and Conditions of the Dollars & Scents Rewards Program in effect at the time a MEMBER redeems POINTS will govern that transaction.
2. Changes to these Terms and Conditions will be posted on the WEBSITE. It is each MEMBER's responsibility, and MEMBERs are encouraged to check in regularly, to see if there have been any updates to these Terms and Conditions. TFO assumes no responsibility or obligation to provide prior, contemporaneous or subsequent notice of changes to the Dollars & Scents Rewards Program or these Terms and Conditions. In the event TFO does elect to provide notice of any particular change to the Dollars & Scents Rewards Program or these Terms and Conditions, it does not assume any responsibility or obligation to provide notice of any other or further changes to the Dollars & Scents Rewards Program or these Terms and Conditions, of any kind or nature, and/or or at any time.
3. TFO reserves the right to terminate the Dollars & Scents Rewards Program in its entirety on three (3) months' notice. TFO also reserves the right to terminate the Dollars & Scents Rewards Program in its entirety without notice if, in TFO's sole discretion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any aspect of the Dollars & Scents Rewards Program, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Dollars & Scents Rewards Program. In the event the Dollars & Scents Rewards Program is terminated, notice will be posted on the TFO WEBSITE. Upon termination of the Dollars & Scents Rewards Program, POINTS will no longer be usable toward purchases of TFO merchandise or have any other use or value.

10. Audit

1. TFO reserves the right to audit or investigate MEMBER' ACCOUNTS at any time and without notice to ensure compliance with these Terms and Conditions and all other applicable TFO rules and regulations.
2. Should an audit or investigation reveal any discrepancy or violation of these Terms and Conditions or other applicable TFO rules and regulations, TFO may delay or cancel the accrual of POINTS to that MEMBER's ACCOUNT, suspend the application of POINTS to a purchase, and/or cancel any outstanding POINTS already awarded. During any audit or investigation TFO may suspend the Dollars & Scents Rewards Program membership of a MEMBER. While a MEMBER's ACCOUNT is suspended, that MEMBER may continue to accrue POINTS, but TFO may prohibit redemption of POINTS towards purchases (pending or future).

11. Name and Address Changes

MEMBERs are responsible for updating and advising TFO of any change of name, e-mail address, phone number and/or postal address on their applicable ACCOUNTs. ACCOUNT updates can only be made in TFO Stores with a TFO sales associate or by e-mail to Customer Service in writing at customerservice@fragranceoutlet.com.

13. Account Discrepancies

MEMBERs are responsible for verifying that POINTS for qualifying purchases and activities are credited to their ACCOUNTS. All ACCOUNT discrepancies must be reported by the MEMBER in writing within two (2) months of the date of activity. MEMBERs are responsible for maintaining copies of qualifying transactions for their records until the appropriate POINTS credit appears in their ACCOUNTs. To report an ACCOUNT discrepancy, MEMBERs are directed to contact Customer Service in writing at customerservice@fragranceoutlet.com.

14. Waivers of Liability

1. Neither TFO, nor any of its affiliated companies, nor any of their respective employees, officers or directors (collectively, "Covered Entities ") shall have any obligation, responsibility or liability with respect to: (1) notifications, communications or materials sent from any MEMBER or prospective MEMBER to TFO or from TFO to a MEMBER or prospective MEMBER, that are lost, late, misdirected, garbled, inaccurate, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, post office or technical error of any kind, (2) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties, (3) power-related or weather-related events of any kind, and/or to any events not under TFO's direct control, (4) communications from MEMBERs or prospective MEMBERs that contain inaccurate information or do not comply with these Terms and Conditions, (5) errors, omissions, interruptions, deletions, defects, delays in operation or transmissions, theft, destruction, unauthorized access or alterations by MEMBERs or third parties, and/or (6) any damage to a MEMBER's or prospective MEMBER's computer system that occurs in connection with accessing TFO's WEBSITE and/or submitting an application for Dollars & Scents Rewards Program membership.
2. BY BECOMING A MEMBER, THAT PERSON, ON BEHALF OF HIMSELF/HERSELF AND HIS/HER HEIRS, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES, RELEASES EACH OF THE COVERED ENTITIES AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM AND OF ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF THEIR PARTICIPATION AND/OR ENTRY IN THE DOLLARS & SCENTS REWARDS PROGRAM.

c. Waiver of California Civil Code Section 1542 . Further, MEMBERs and prospective MEMBERs are advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By becoming a MEMBER, that person, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, elects to waive the benefits of its provisions, with the intent that the releases and waivers of liability in this Section shall include claims known or unknown.

1. TFO PROVIDES THE PROGRAM “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY.

15. Tampering

1. TFO, in its sole discretion, reserves the right to disqualify and prohibit from participating in the Dollars & Scents Rewards Program any person who TFO determines is or is attempting to: (1) tamper with TFO's WEBSITE, TFO's Facebook page or other social media pages and/or any part of the Dollars & Scents Rewards Program, (2) attempting to undermine the legitimate operation of the Dollars & Scents Rewards Program by deception or other unfair acts, (3) intending to annoy, abuse, threaten or harass any other Members, any TFO employees or agents, and/or (4) otherwise violating these Terms and Conditions, or TFO's Privacy Policy.
2. ANY ATTEMPT TO DELIBERATELY DAMAGE TFO'S WEBSITE OR TFO'S FACEBOOK PAGE OR OTHER SOCIAL MEDIA PAGE (OR ANY PART OF EITHER) OR UNDERMINE THE OPERATION OF THE DOLLARS & SCENTS REWARDS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, TFO AND ITS LICENSEES (IF ANY) RESERVES THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH MEMBER AGREES TO INDEMNIFY AND HOLD HARMLESS TFO AND ITS EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE MEMBER'S USE OF THE TFO WEBSITE, AND/OR THE MEMBER'S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THE DOLLARS & SCENTS REWARDS PROGRAM.

16. Governing Law; Privacy; Opt Out

1. The Dollars & Scents Rewards Program is subject to these Terms and Conditions and is governed by the laws of the State of Florida without reference to it rules concerning conflicts of law. By applying for membership in the Dollars & Scents Rewards Program and/or becoming a MEMBER, each person agrees to comply with these Terms and Conditions. Any claims relating to this Dollars & Scents Rewards Program must be resolved in the state or federal courts of Florida.
2. In order to validly apply for membership in the Dollars & Scents Rewards Program and in order to enjoy the benefits of membership, individuals are required to provide TFO with certain personally identifiable information (" PII ") such as name, residential address, telephone number, email address and/or other contact information. Such information may be used for the purposes set forth in the TFO's Privacy Policy, located at https://www.fragranceoutlet.com/policies/privacy-policy, in accordance with the terms set forth in that Privacy Policy.
3. Persons wishing that TFO not contact them (except in connection with the Dollars & Scents Rewards Program and/or as otherwise set forth in the Privacy Policy) may elect to opt-out of such disclosures (i.e., they may direct TFO not to make those disclosures other than those as to which "opting out" is not permitted) by following the procedure set forth in TFO's Privacy Policy (except that TFO shall be permitted to contact persons in connection with this Dollars & Scents Rewards Program and as permitted or required by law).
4. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.