L’OCCITANE REFER A FRIEND [SHARE THE LOVE?] PROGRAM TERMS AND CONDITIONS
 
Through L’Occitane’s Refer a Friend [Share the Love?] program (“Program”) and while supplies last, participating VIPs (sometimes also referred to herein as “you”) are eligible to receive a gift from L’Occitane.  VIPs can also tell up to five friends about this Program  .  Those Referred Friends (as defined below) can also, if they wish and subject to meeting all Program eligibility requirements, receive a gift from L’Occitane. VIPs are not required to refer any friends to the Program in order to receive the gift nor are VIPs required to claim the gift in order to invite friends to participate in the Program.  Referrals must not be submitted through agents or third parties. Any referrals made using multiple email accounts will be ineligible.
 
VIPs may only refer friends and send electronic communications with respect to the Program to those with whom they have a personal or family relationship.  A “personal relationship” means an individual with whom you have had direct, voluntary, two-way communications such that it would be reasonable to conclude that a personal relationship exists; and a “family relationship” means an individual to whom you are related through a marriage, common-law partnership or any legal parent-child relationship, and with whom you have had direct, voluntary, two-way communication.
 
Sending unsolicited electronic communications, whether by automated programs or any other means, to individuals you do not personally know and with whom you do not have direct, voluntary two-way communications is a violation of law and strictly prohibited.  Using social media or sharing the same network does not necessarily mean that you have a personal relationship with an individual and use of buttons available on social media websites – such as clicking "like", accepting someone as a "Friend", or clicking "Follow" – is not enough to constitute a personal relationship.  
 
By participating in the Program, you acknowledge and agree that you will not send electronic communications regarding the Program to anyone with whom you do not have a personal or family relationship..  
To participate, click on the link in your special gift offer email from L’Occitane , follow the on-screen instructions to claim your gift code and invite up to five (5) friends to participate. Referral invitations must be sent by 11:59 p.m. ET on March 8, 2018. Your Referred Friends will receive an email with a unique link and instructions to claim their gift code by 11:59 p.m. ET on April 2, 2018.  You and your Referred Friends then will have until April 3, 2018 at 11:59 p.m. ET to redeem the gift code in-store or online based upon the redemption option selected.
 
L’Occitane (sometimes also referred to herein as “we”) reserves the right at any time to modify or discontinue the Program (or any part thereof), either temporarily or permanently, without any further notice or obligations. L’Occitane will not be liable to you or any Referred Friend in the event of any modification, suspension or discontinuance of the Program. We may provide notices via email (if we have express consent to do so) or posted on http://www.loccitane-sharethelove.com/ should we terminate, alter or modify the Program and/or these terms and conditions. “Terms and Conditions” shall refer to these terms and conditions, as they are modified by L’Occitane in its sole and absolute discretion, in addition to all other terms and conditions included with any emails or messages sent to you in connection with the Program.
 
Eligible Participants 
The Program is open only to individuals who are not otherwise ineligible to participate and who (1) are L’Occitane VIPs, or (2) are Referred Friends who receive an invitation from a L’Occitane VIP.
 
In addition to the foregoing requirements, the Program is open only to VIPs and Referred Friends, who are, as of the start date of the Program, at least eighteen (18) years old and not minors as defined by their province of primary residence, and who are legal residents of, and physically located within, Canada.  Employees, officers and representatives of L’Occitane, its parent or affiliated companies, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies, and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate in the Program.  Void where prohibited.
 
Participation in the Program constitutes your full and unconditional acceptance of these Terms and Conditions and the Terms of Use of the L’Occitane website (“Website”) and the Website Privacy Policy.  L’Occitane’s decisions are final and binding in all matters related to the Program.
 
How to Obtain Your Gift
As a VIP, you may claim the gift and/or share the offer with up to five (5) friends (each a “Referred Friend” and collectively “Referred Friends”) through email, Facebook Messenger, or, if you are accessing the Program via a mobile device, through SMS (texting) (collectively, “VIP Shared Mechanisms”).
 
Once you select one of the VIP Shared Mechanisms to share the offer with Referred Friends, the email, Facebook message or SMS text, as the case may be, will open and be pre-populated with a message about the free gift offer. As the VIP, you may use your native email, Facebook Messenger or SMS text applications to easily select up to five (5) Friends to share the offer with.  After you designate the individuals you want to invite to participate in the Program, your Referred Friends will receive an invitation from you directly through the VIP Shared Mechanism you designate.
 
Each invitation to your Referred Friends will contain a unique link.  Referred Friends who click on the link in the message from the VIP will be sent to a landing page on the Website where they will be able to claim the gift offer and where they can designate whether they wish to redeem their gift code in-store or online.  This Program may expire and/or change at any time in L’Occitane’s sole discretion.
 
Gift codes may be redeemed: (1) at participating L’OCCITANE boutiques in Canada or (2) online at the L’OCCITANE website with any purchase of $5 or more (excluding shipping and taxes). Click here for a list of participating L’OCCITANE boutiques. Gift codes may not be redeemed at L’Occitane outlet boutiques or wholesale partners, such as department stores or other online retailers that sell L’Occitane merchandise. Valid only while supplies last.  Gift may vary depending on inventory.
 
Also, when you shop at a participating L’OCCITANE boutique or online on the same day that you claim the gift, you will receive 20% off (before taxes) on all full-priced items that you purchase. Gift code and 20% discount offers may not be used in combination with any other promotions or discounted items and may be redeemed only once per household. These offers are non-transferable and can only be redeemed by the owner of the account to which the offer was sent. Offers may not be applied toward prior purchases, sale items, gift cards, shipping fees or taxes. No reissue or reimbursement for lost or void coupon, or gift code. No cash value. No cash back. By redeeming these offers, you agree to be bound by these terms and conditions.
 
To claim the gift in-store, bring a printout that shows the code or display the code to a store associate on a mobile device. For online redemption, enter the code during the check-out process. 
 
L'OCCITANE reserves the right to substitute the gift with another one of a comparable or greater value. Gift and 20% discount offers valid until April 3, 2018 or while supplies last, whichever is earlier. L’Occitane is not responsible for network, computer, hardware or software failures of any kind that may restrict or delay the sending or receipt of your code. Referrals must not be submitted through agents or third parties. Any referrals made by a person found to be using multiple email accounts will be ineligible. L’Occitane reserves the right to withdraw or change any part of this offer at any time.
 
General Terms
Offer valid only while supplies last. Gift may vary depending on boutique inventory. Offer can be used only one time.
The value of your gift will not be returned if you make a return or exchange. Gift code cannot be applied to previous purchases.
In all matters relating to the administration of the Program, the decisions of L’Occitane shall be final. L’Occitane reserves the right to cancel or deactivate a gift code if , in L’Occitane’s sole discretion,  it is determined that any of these Terms and Conditions or any applicable law has been violated, or the code has been obtained via deception, forgery, fraud, or through any other abuse of the Program.
 
How to Contact the L’Occitane Refer a Friend Program 
 
By e-mail: service@loccitane.ca
 
By phone:  1-877-212-0238
 
Marketing 
The information you provide as a participant of the Program will be managed by L’Occitane, as described in L’Occitane’s Privacy Policy. By participating in the Program and providing your express consent to receive electronic marketing communications from L’Occitane, you will receive certain advertising, marketing, and other communications from L’Occitane. You may opt out of receiving some or all of these electronic communications at any time by clicking on the “unsubscribe” link at the bottom of any of the messages and following the instructions.If you opt out of receiving electronic marketing communications from L’Occitane, you will continue to receive transactional messages regarding your participation in the Program unless you opt out of receiving electronic communications regarding the Program or discontinue your participation in the Program.
 
Limitation of Liability
L’Occitane is not responsible for lost, interrupted or unavailable network, server, internet service provider, Website or other connections; telephone availability or accessibility; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; failed phone, computer hardware or software failures, technical errors or difficulties; telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in any participant’s email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes.
L’OCCITANE SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE PROGRAM. EXCEPT WHERE PROHIBITED OR OTHERWISE LIMITED BY LAW, THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT, SUBJECT TO THOSE LEGAL WARRANTIES PROVIDED UNDER PROVINCIAL LAW THAT CANNOT BE WAIVED, L’OCCITANE HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, L’OCCITANE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE WEBSITE OR THE PROGRAM, AND L’OCCITANE SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
 
THE LAWS OF CERTAIN PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES/CONDITIONS AND/OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.

Any dispute or claim (“Claim”) relating to this Program or the Terms and Conditions that is not informally resolved within fifteen (15) days of L’Occitane’s receipt of written notice, shall be finally resolved by arbitration in the State of New York. The arbitration will be administered by the International Centre for Dispute Resolution under its Canadian Arbitration Rules, will be conducted in English and by a single arbitrator, and any court with jurisdiction may enter judgment regarding the arbitrator’s award.

You are responsible for all fees and costs that you may incur in the arbitration, including, counsel fees and expert witness costs, unless L’Occitane otherwise is required to pay such costs under applicable law. You may pursue your claim in small claims court where jurisdiction and venue over L’Occitane is proper if your claim otherwise qualifies for such court.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ARBITRATION OF CLAIMS SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. BY PARTICIPATING IN THE PROGRAM, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY GIFTS, SAMPLES OR BOUNCE BACKS AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY); (3) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

If any court or arbitrator determines that this class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then to the extent permitted by applicable law the Claim or any portion thereof will not be subject to arbitration and must be litigated exclusively in the courts of the Province of Ontario at Toronto, without regard to any principles of conflict of laws and the Program will be interpreted, construed and enforced, and governed in all aspects in accordance with the exclusive jurisdiction and laws of the Province of Ontario and the federal laws of Canada applicable therein.
The agreement to arbitrate and class action waiver also apply to any Claims you assert against L’Occitane or its present or future parent, subsidiary or affiliated companies.
 
These terms and conditions are effective as of January 1, 2018.
 
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