PLAY! BY SEPHORA PROGRAM TERMS
1. PLAY! by SEPHORA is a monthly beauty subscription program that is in high demand and spots are available on a first-come, first-served basis. You may subscribe directly from Sephora.com/play if spots are currently available. If not, you can sign up to be notified by email as soon as new spots are available.
2. If you enroll in PLAY! by SEPHORA, you will receive a PLAY! by SEPHORA product box containing an assortment of products, selected by Sephora at its discretion, each month during which you are enrolled.
3. PLAY! by SEPHORA product boxes can only be sent to addresses in the 48 contiguous United States.
4. By subscribing to PLAY! by SEPHORA, you understand and agree that you are opting in-to a monthly product subscription and that each month Sephora will charge the credit card you designate when you sign up (or the card you later designate for your account online or through a customer service representative), the then-current monthly subscription fee (plus applicable taxes) until canceled.
5. You must pay using a credit card (we currently accept Visa, MasterCard, American Express®, and Discover Card), a debit card or PayPal. We regret that you cannot pay for PLAY! by SEPHORA using a JC Penney card, an online store credit, an eGift card, a gift card, or any other payment method. Note: this is an exception to our standard policy regarding payment methods. Credit card failures may prevent the current month’s box shipment. Due to high demand, if you fail to update your payment details when you are notified, Sephora will cancel your PLAY! by SEPHORA subscription. To update your credit card information, follow the instructions on your My Account page or contact Customer Service at 1-844-PLAY-HLP.
6. You may cancel at any time by following the instructions on your My Account page or calling Customer Service at 1-844-PLAY-HLP. As of May 1, 2016, cancellations must be made before the first of the month to affect the current month's box. If you cancel after the first of the month, you will be charged for and receive that month's PLAY! by SEPHORA product box, which will be your final one. For example, if you would like to cancel and not receive the May box, you must do so by April 30. There is no cancellation fee, and we'll be sorry to see you go!
7. Products included as part of each monthly PLAY! by SEPHORA product box cannot be returned unless they arrive to you in a damaged condition, in which case Sephora will either, at its election, refund your monthly subscription fee or replace your damaged products with the same products or products of equal or greater value. EXCHANGES OF PRODUCTS IN YOUR PLAY! BY SEPHORA BOX ARE NOT PERMITTED. Note: this is an exception to our standard Returns and Exchanges Policy.
8. Only one PLAY! by SEPHORA product subscription is allowed per person and ten (10) per mailing address.
9. If you are not already a Beauty Insider member, you will automatically become one when you subscribe to PLAY! by SEPHORA, and you will automatically receive Beauty Insider offers via email. For details about our Beauty Insider Program, click here. BY USING PLAY! by SEPHORA, YOU ALSO MANIFEST YOUR ACCEPTANCE OF THE BEAUTY INSIDER PROGRAM TERMS AND CONDITIONS.
10. Sephora reserves the right to cancel or modify the PLAY! by SEPHORA program at any time, including, without limitation, to modify the monthly subscription fee after your initial month. Sephora will provide you with notice of any material change (including any change in the monthly subscription fee). If you do not agree with any change, you may cancel your subscription as set forth above.
11. EXCEPT AS SET FORTH TO THE CONTRARY IN THESE PLAY! BY SEPHORA PROGRAM TERMS, ALL OF THE POLICIES, TERMS AND CONDITIONS FOR PURCHASES MADE ON SEPHORA.COM APPLY. BY USING PLAY! by SEPHORA, YOU ALSO MANIFEST YOUR ACCEPTANCE OF ALL OF THESE PROGRAM TERMS. IF YOU DO NOT ACCEPT SUCH, DO NOT USE PLAY! by SEPHORA.
12. Dispute Resolution
If a dispute should arise between you and Sephora, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 1-844-PLAY-HLP or by sending an email to email@example.com.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
13. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Sephora agree to resolve any claims relating to the PLAY! by SEPHORA program terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Sephora’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Sephora may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to the PLAY! by SEPHORA program terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Sephora must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Sephora will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Sephora will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Sephora, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the PLAY! by SEPHORA program terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Sephora.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Sephora in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SEPHORA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Sephora at firstname.lastname@example.org and providing the requested information as follows: (1) Your Name; (2) the URL containing the PLAY! by SEPHORA program terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the PLAY! by SEPHORA program terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the terms by signing up for the program.
14. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, the PLAY! by SEPHORA program terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.
The provisions of the PLAY! by SEPHORA program terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Sephora, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the PLAY! by SEPHORA program terms without affecting the validity, legality or enforceability of any of the remaining provisions.
Last Updated: October 1, 2016