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THE SALON ALLIANCE TERMS AND CONDITIONS

NOT OPEN TO THE GENERAL PUBLIC. VOID WHERE PROHIBITED.

The following Terms and Conditions apply to the SALON Alliance Program (“Program”) sponsored by Kao USA Inc. (referred to as “Kao” or “Sponsor”).

I. General Conditions

  1. Individuals or salons that meet the following eligibility criteria may participate in the SALON Alliance Program (“Participant(s)”).
  1. To participate as a salon, the salon must purchase Kao products directly from Kao or from a Kao Authorized Distributor and have a valid account number (hereinafter, individually, “Kao Authorized Salon” or “Salon” or, collectively, “Salons”). Each Salon must identify the person or persons authorized by the Salon to receive communications about the Program (“Salon Administrator(s)”).
  2. To participate as an individual, one must be the age of majority in his/her state/province/territory of residence, a legal resident of the United States throughout the term of the Program, a stylist or colorist employed by or providing services at a Kao Authorized Salon (defined above), purchase Kao products directly from Kao or from a Kao Authorized Distributor, and have a valid account number.
  3. A valid account number as provided by Kao or a Kao Authorized Distributor is required. Only a valid account number can be used for the program.
  4. This Program is not open to the general public and is void where prohibited or restricted by law.
  5. Employees of Kao and any of its related companies or affiliates, any of their respective agents and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate in the program.
  6. Employees of Vanson Technology Services, Inc. (“Vanson” or “Administrator”) and any of its related companies or affiliates, any of their respective agents and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate in the program.
  7. Any disputes regarding eligibility shall be determined at the sole discretion of the Sponsor. Sponsor reserves the right, at any time, to verify eligibility requirements, and Participants may be required to provide proof of their eligibility in writing.
  1. Kao is sponsoring the Program, which utilizes the Vanson Turnkey Platform to incent, motivate and reward eligible Participants for purchasing Participating Products (defined at Section IX.D. and/or attending a Program Activity (defined at Section IX.E.) during the Program Period (defined at Section IX.C.).
  2. Kao reserves the right to terminate the Program at any time with or without prior notice to the Participants. There is a fixed maximum amount of Points available to be redeemed by Participants during the Program Period as determined in Kao’s sole discretion (“Budget”). If the Program reaches the annual Budget before the official ending of the Program Period, the Program will automatically end. The notification about the end of the Program, if applicable, will be by email to the registered email address, if any, of the Participant of the Program. Neither Kao nor the Administrator, nor either of their affiliates or agents, will be responsible for any failure of the communication to reach a Participant regarding the end of the Program because of a Participant's email server error, an incorrect email address where Participant has failed to inform Sponsor or Administrator of an email address change, the Participant failing to check its/his/her email box, or any other cause beyond the reasonable control of the Sponsor or the Administrator.
  3. Once notified about the end of the Program, when such notification exists, Participants will have 15 days to choose the Rewards (IX.A.) and redeem the Points (defined at Section IX.B.) they have accumulated. On the 16th day following notification, unredeemed Points will be eliminated from the system and from the Participant records and neither the Sponsor nor the Administrator will be liable to any Participant for the loss of value for any unredeemed Points.
  4. Participants are responsible for maintaining and updating their personal contact information, including valid email address for receipt of notifications regarding the Program. Neither the Sponsor nor the Administrator is responsible for any omission or wrong information provided by a Participant. In case of a Reward that cannot be delivered to a Participant due to incorrect or inadequate contact information as provided by the Participant, the Participant may lose the right to receive the corresponding Reward.
  5. The Program includes a voluntary “Remove Me from the Program” function through the “Contact Us” section of www.thesalonalliance.com. Participants will have sixty (60) calendar days following submission of a removal request to redeem outstanding Points. On the 61st day after submission of the removal request, unredeemed Points will be eliminated from the Program system and the Participant’s membership will cease.
  6. Salon Administrators will have the ability to cancel a Salon’s participation in the Program at any time by writing to us via the “Contact Us” section. Upon the Salon’s cancelation of participation, the Salon will have sixty (60) calendar days to redeem its outstanding Points, after which time all remaining Points will void and the Salon’s membership will cease.
  7. Any unredeemed Points will expire for a Participant whose account has not earned Points for 9 consecutive months (hereafter, an “Inactive Account”). An Inactive Account may be terminated by Kao in its sole discretion and any unredeemed Points will be eliminated from the Program system.
  8. By participating in the Program, Individual Participants and Salon Participants warrant that they are eligible to participate in the Program according to their country’s Relevant laws, including those governing the acceptance of prizes and rewards.
  9. Kao reserves the right to disqualify any Participant and revoke any accumulated Points if Kao determines that participation in the Program, or receipt of a Reward, is in violation of these Terms and Conditions or if the Participant is determined to be ineligible.
  10. The registration of Participants in the Program implies the acceptance of these Terms and Conditions.

II. Participation

  1. To register an account: An eligible Participant must visit www.thesalonalliance.com during the Program Period (defined at Section IX.C.), access the registration page, and complete the registration form for the Program. Upon proper completion and submission of the registration form (including acceptance of these Terms and Conditions) and Kao/Administrator’s acceptance of the registration, an online account will be created for you. There is a limit of one (1) online account per Participant. No responsibility is accepted for late, lost, delayed, corrupted, illegible or incomplete registrations, which shall be disqualified at the discretion of the Sponsor. By registering for the Program on the Program website, participant agrees to be bound by these Official Rules. Once customer has completed registration is submitted and accepted, they will become a Participant in the Program.
  2. To access your account: Any time after your registration has been accepted, simply visit www.thesalonalliance.com during the Program Period.
  3. To earn Points, Participants must purchase Participating Products (defined at Section IX.D.) or participate in a Program Activity (defined at Section IX.E.). Each Participating Product and Program Activity will have an associated value in Points, which will be listed in the Program website. The corresponding number of Points for the purchase of the Participating Product or participation in a Program Activity will be credited automatically to the Participant’s account as such purchases are/participation is reported by Kao to the Administrator. Once credited to the Participant account, Points can be redeemed by the Participant for Rewards (defined at Section IX.A.) in the website catalog. Points are earned on a 2 year rolling basis, beginning with purchases from January 1, 2015, and expire on a first-in, first-out bases. Points earned for purchases made in January 2015 will expire on February 1, 2017.  
  4. By participating in this Program, Participant agrees to Sponsor’s collection, use, and disclosure of certain personal information as set forth in the Administrator’s Privacy Policy found at http://www.kaobrands.com/privacy-policy/
  5. The Sponsor reserves the right to modify the list of Participating Products or any Program Activity and its corresponding Points value at any time without prior notice, and the Participants or third parties may not claim any compensation or other rights to the extent that the Points value for a Participating Product or Program Activity is diminished . The Sponsor reserves the right to modify the value and/or availability of Rewards in the Program without prior notice, and the Participants or third parties may not claim any compensation or rights for it.
  6. If a Participant becomes ineligible for participation in the Program, the ineligible Participant’s account will be terminated. Once notified that the account is to be terminated, the ineligible Participant will have 15 days to choose the Rewards and redeem the Points they have accumulated. On the 16th day following notification of termination, unredeemed Points will be eliminated from the system and from the Participant’s records and neither the Sponsor nor the Administrator will be liable to Participant for the loss of value for any unredeemed Points.
  7. If the Sponsor or the Administrator, or their respective affiliates, employees or agents, suspect electronic forgery in the Program or determine that actual forgery has occurred, if technical difficulties compromise the Program's integrity, or any other type of fraud (electronic or not) is suspected, the Sponsor reserves the right to cancel the affected accounts and void, modify or even terminate the Program immediately, and/or not take into consideration the suspected records.
  8. All communications from a Participant, including suggestions or complaints, must be made through the "Contact Us" section of the Program or through live chat when available.
  9. The Program website will calculate, register and provide the balance of your account. The account's history will only be accessible with your credentials. It is the Participant’s responsibility to take the proper precautions, accessing this information from your computer and preventing other people from having access to this information.

III. PLACING REDEMPTION ORDER

  1. To redeem Points for Rewards, you must log in to your account, select a Reward from the available list of Rewards shown on the Program website, and submit an order for the selected Reward. You must have the required number of Points identified on the Program website for a particular Reward in your account at the time the order is placed. Administrator will not accept and process the order until Administrator has verified a Participant’s compliance with all the Terms and Conditions of the Program. Verification and acceptance of a Participant’s order may take up to five (5) working days.
  2. If a Participant discovers that a mistake has been made on an order, Participant must contact the Administrator’s Customer Services Team immediately via the “Contact Us” section of the website. Incorrect orders must be corrected prior to acceptance of order by Administrator to ensure delivery of correct Reward. Due to our rapid order processing system, Administrator cannot cancel an order once it has been verified and accepted.
  3. If you order software from us, you will also be bound by the terms of the software license supplied with that software.
  4. Point values for Rewards are checked regularly. If we find the Points value for a Reward changed prior to the submission of a Participant’s order, Administrator will contact the Participant to determine if the Participant wishes to proceed with the order (assuming the Participant’s account has a sufficient number of Points to proceed). If a Participant does not respond or has an insufficient number of Points in the account to proceed, Administrator will treat the order as cancelled, notify you and refund your Points. If Administrator is unable to accept an order for other reasons, then Administrator shall refund any Points related to that redemption order and notify Participant with an explanation.
  5. Despite all possible care has been taken to ensure that each item is accurately described, descriptions cannot be guaranteed as manufacturers´ specifications may change. In the event that a manufacturer’s specifications change substantially after a Participant places an order, Administrator will notify Participant and, when possible, offer Participant a substitute item of the same or better quality at the same Points value. Sizes quoted are approximate. Installation and batteries are not included unless otherwise specified. The product’s images are for reference only and do not represent the exact item or color.
  6. Delivery of the any Reward is subject to the Reward supplier’s policies, the Participant’s compliance with the applicable local and national laws related to delivery of the Reward, and verification of the Participant's eligibility to participate in the Program.
  7. Rewards are generally expected to be received by the Participant no later than (30) days after the redemption order is placed. However, it is possible that some unforeseen event delays the delivery of a Reward. Please allow up to 4-6 weeks for delivery of Reward. However, if a Participant has not received the Reward within 30 days after the order, Participant must contact Administrator through the "Contact Us" section in the Program's website. Neither the Sponsor nor the Administrator will be responsible for complaints made six (6) months after the date of the redemption order. Rewards may only be delivered to an address in the continental United States or Canada.
  8. Neither the Sponsor nor the Administrator will be responsible to the Participant or to any third party for a delay in delivery of the Reward caused by the Reward supplier, the unavailability of a Reward (please refer to Section II.H. for unavailability of a Reward), or for delays attributed to couriers or postal services. If a Reward chosen by a Participant is not available at the moment of the redemption, the responsibility of the Sponsor is limited to returning the applicable Points to the Participant’s account to be redeemed for another Reward.

IV. SHIPPING AND HANDLING

  1. Shipping and handling charges are automatically included in the Point value of a Reward. A Participant must enter the "Ship To" information at the time that the Reward is chosen for Points redemption.
  2. Administrator is not liable for inaccurate shipping information provided by a Participant. If a Reward is returned as undeliverable and must be reshipped, Participant will be responsible for the corresponding incremental cost.
  3. Administrator will aim to make two attempts for delivery of the Rewards. In the event that a Reward cannot be delivered after two attempts and is reshipped, Participant is responsible for the corresponding incremental cost.

V. RETURN POLICY

  1. You should inspect the Reward as soon as you receive it for defects or damage and to ensure the Reward is correct. In the unlikely event that a Reward you receive is damaged, faulty or incorrect, you should contact the customer service team at rewards memberservices@thesalonalliance.com as soon as possible for advice on how to proceed.
  2. Please do not return Reward until instructed to do so. If you are requested to return Reward, please ensure that it is securely packaged. Please also provide a full description of the damage, fault or error and return the Reward to us together with any warranties, manuals, and accessories. A Reward damaged in transit on return cannot be replaced.
  3. Most Rewards, which are goods or merchandise, are backed by a manufacturer warranty.
  4. ACADEMY CANCELATION POLICY - All cancellations must be received 30 days prior to the date of the scheduled program to be eligible for a full refund. Any cancellations within 30 days will receive a credit toward a future program in the current calendar year.

VI. TRAVEL AND EXPERIENTIAL ACTIVITIES

  1. All travel and experiential activities are subject to availability, and available locations are included within the product descriptions. When Participant books travel or an activity, the booking will be made directly with the Reward supplier and will become subject to the terms and conditions of that supplier. Administrator strongly recommends that Participant obtains adequate insurance coverage for the activity undertaken.

VII. Miscellaneous

  1. Participant releases Sponsor and Administrator, Reward suppliers, advertising and promotion agencies, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, and licensees (collectively, the "Released Parties") from any and all claims, demands, fees, losses, or damages of any of nature resulting in whole or in part, directly or indirectly, out of or in connection with Participant's participation in the Program, use or misuse of any Reward including, without limitation, any claims based on infringement of intellectual and/or proprietary rights, publicity rights, defamation, or invasion of privacy.
  2. By receipt of a Reward, Participant agrees to indemnify and hold harmless the Released Parties from and against any and all claims, demands, fees, losses, or damages of any of nature, including, without limitation, loss or damage to property and/or injury to persons, including death, or expense (including court costs and attorneys' fees) that they may suffer or incur as a result of or in connection with Participant's participation in the Program and/or acceptance, use or misuse of any Reward.
  3. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR HARM TO BUSINESS OR REPUTATION, ARISING OUT OF PARTICPANTS' PARTICIPATION IN THE PROGRAM, POSTING ON OR ACCESS AND/OR DOWNLOAD OF ANY MATERIALS OR INFORMATION FROM ANY WEBSITE OWNED, OPERATED, OR CONTROLLED BY ANY RELEASED PARTY, THE PROGRAM OR REWARDS OFFERED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION LOSS OR DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
  4. Released Parties are not responsible for any typographical or other errors or inaccuracies in any messages or for any messages that may not be complete or current. Sponsor reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice but does guarantee that any errors, inaccuracies, or omissions will be corrected. Sponsor reserves the right to refuse to redeem any Rewards Points or award any Rewards based on information that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies, or out-of-date information regarding Rewards or Points. PARTICPANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE RELEASED PARTIES ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED $10.00.
  5. These Terms and Conditions constitute the entire agreement between Participants and Sponsor pertaining to the subject matter hereof.
  6. If any one or more provisions of these Terms and Conditions are held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity, effect, or enforcement of any other provision or provisions of these Terms and Conditions.
  7. Neither the Sponsor nor the Administrator, its affiliates, subsidiaries, suppliers, contractors, or advertising agencies will be responsible for incomplete or incorrect information entered by Participants, nor for phone network or software problems in the Participants' computers or by the combination of any of these events, nor for lost, damaged, or delayed transmission of data sent by Participants that did not arrive correctly to the Sponsor or to the Administrator's data base. Incomplete Participants' records will be voided and will not be allowed to participate in the Program.
  8. Neither the Sponsor nor the Administrator will be responsible for any Participant's action that attempts to or successfully disrupts the integrity of the Program, in the form of false information (like invoices, codes, serial number, or any other), false notes, redemptions of Rewards using Points that do not belong to the Participant, ownership of confidential information, or any other type of fraud causing losses to the Sponsor and/or to the Administrator. If any of these previous circumstances are suspected, the Sponsor and the Administrator reserve the right to act legally against anyone who has committed them, being able to use any legally applicable action. It is expressly understood that if a Participant is suspected of any of the previously described actions, it will lose any rights to redeem the Points accumulated throughout the Program. The Sponsor and the Administrator reserve the right to cancel the participation of any Participant who is suspected to have committed any of the previously described actions in other programs that the Sponsor and the Administrator operate, or in any other future programs.
  9. Any attempt to damage a website, or any other way to sabotage or prevent the Program from operating, constitutes a law violation. If a Participant incurs in such violation, the Sponsor and/or the Administrator reserve the right to take any legal actions according to applicable law to pursue and seek reimbursement for any losses.
  10. FOR U.S. PARTICIPANTS: Any legal proceedings arising out of this Program or relating to these Official Rules shall be governed by and construed under the laws of the State of New York, USA. All parties hereto irrevocably waive any objection on the grounds of venue, forum non-convenience, or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and consents to the jurisdiction of the courts of the State of New York. The parties further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising out of this Program or relating to these Official Rules.
  11. FOR CANADA PARTICIPANTS: Any legal proceedings arising out of this Program or relating to these Official Rules shall be governed by and construed under the laws of the Province of Ontario, Canada. All parties hereto irrevocably waive any objection on the grounds of venue, forum non-convenience, or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and consents to the jurisdiction of the courts located in Toronto, Canada. The parties further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising out of this Program or relating to these Official Rules. The Parties understand the English language and are fully aware of all terms and conditions contained herein. It is the express wish of the Parties that this Agreement and all related documents be drawn in English.

VIII. Definitions

  1. Rewards: The Rewards will be those items, activities, or awards set forth in the Program’s Rewards catalog (including, but not limited to, merchandise, select Kao products, travel awards, experiences, etc.) that Participants can elect to receive by redeeming Points that have been credited to the Participant’s account.
  2. Points: It is the incentive currency that the Participants earn for the rewarded or incentive activities to be exchanged for Rewards.
  3. Program Period: Is the time during which the Program will be awarding Points, starting on January 1, 2015, in the USA at 12:00:01 a.m. and ending December 31, 2015, at 11:59:59 p.m. Eastern Standard Time.
  4. Participating Products: Each product within each Goldwell and KMS California subbrand has an associated value in Points. The Points value for each subbrand are listed in the Program website.
  5. Program Activity: Training and education courses, answering short surveys upon request, participating in Idea Exchange activitie (e.g., watching videos, starting and/or commenting in discussion thread, etc.), registering in the Program, and referring other eligible participants to the Program as listed on the Program website.
  6. Program Mechanics: Participants earn Points for every Participating Product or Service that they purchase/sell from Kao directly or Kao Authorized Distributors.
  7. “Relevant Law” means, in relation to a jurisdiction, the statues, common laws, and regulations promulgated by governmental instrumentalities and that are capable of being enforced in a court of law in that jurisdiction. In the United States “Relevant Law” includes applicable Federal, State, Regional, and Local Laws.

 

Kao USA Inc.
100 North Charles Street, 15th Floor
Baltimore, MD, 21201

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