Rewards Program Terms & Conditions
Last Revised: September 14, 2022
The Lolli and Pops Reward Program ("Program") is open to legal residents of the fifty (50) United States and District of Columbia, 13 years of age or older. Void where prohibited by law. Employees of Lolli and Pops, Inc. are not eligible to participate. By participating, you agree (i) to these Terms and Conditions and (ii) to the decisions of Lolli and Pops', which are final and binding in all respects. Only one (1) account membership will receive points in any one transaction, and only one membership may be provided per customer. Additional restrictions may apply to Lolli and Pops employees.
HOW TO ENROLL AND EARN POP POINTS
To join the Lolli and Pops Rewards program, visit one of our store locations (https://www.lolliandpops.com/pages/stores) or go to https://www.lolliandpops.com/account/login and follow the prompts to create an account.
Once enrolled in the Program, you can earn one (1) Pop Point ("Pop Point" or may also be referred to herein or in Program materials as "Points") for each dollar spent in-store at a Lolli and Pops location (before tax). In order to receive your Pop Points, you will be required to provide the store associate the email address associated with your rewards account at the time of purchase.
POINTS PROVIDED OR EARNED IN CONNECTION WITH THE PROGRAM HAVE NO MONETARY OR TANGIBLE VALUE. POINTS ARE NON-TRANSFERABLE AND MAY NOT BE ASSIGNED. POP POINTS CANNOT BE TRANSFERRED OR REDEEMED FOR CASH. POP POINTS GENERATED BY SCRIPT, MACRO OR OTHER AUTOMATED MEANS WILL BE VOID. LOLLI AND POPS' DECISION WITH RESPECT TO NUMBER OF POP POINTS ACCUMULATED ARE FINAL AND BINDING.
Pop Points will be deposited to your rewards account following your qualifying purchase; the most up to date rewards balance will be available in your account by the following business day. You can go online and view your Pop Point balance by logging into your online account at https://loyalty.lolliandpops.com.
From time to time, you may be offered the ability to earn bonus Pop Points or other rewards during a limited time-period. The qualifying action must be completed during the stated time-period in order for you to be eligible for bonus Pop Points and/or that reward.
HOW TO REDEEM POPS
Pop Points can only be redeemed in-store. To redeem your Pop Points, please alert the store associate at the time of the transaction. Each reward item has its own specific Pop Point value. You must have earned the applicable number of Pop Points in order to redeem for that reward item.
If you are enrolled in the Program, on your birthday, you will get a Birthday Reward. Your birthday is the date set forth on your Drivers License or other government ID. Your Birthday Reward must be redeemed within thirty (30) days of the date of your birthday.
All Reward offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited and you must be a registered Lolli and Pops Rewards member in order to redeem offers. Lolli and Pops Rewards members may only redeem one of each Reward per transaction and cannot redeem more than 10 of any one type of Reward per year. Pop Points will be deducted at time of redemption. Rewards are subject to change, alteration, substitution, or termination by Lolli and Pops in its sole discretion at any time.
Reward Menu: The "Reward Menu" is available in-store and at https://www.lolliandpops.com/pages/how-it-works illustrating reward items for which you can redeem Pop Points. Reminder that Pop Points/rewards can only be redeemed in-store and reward items are subject to in-store availability. Reward items will be provided "as is" with no warranty or guarantee, either express or implied by Lolli and Pops. All reward item details are at Lolli and Pops' sole discretion. You cannot transfer, substitute or redeem rewards for cash or return a reward once it has been redeemed. Lolli and Pops reserves the right to substitute a reward item of comparable or greater value, at its sole discretion. You are responsible for all federal, state and local taxes as well as any other costs or expenses associated with a reward item not specified herein or on the site as being provided. Rewards are subject to local, state and federal taxes.
1. LIMITED LIABILITY
THE PROGRAM IS NOT VALID IN COMBINATION WITH ANY OTHER PROGRAMS, OFFERS, SPECIALS, PROMOTIONS, AND/OR DISCOUNTS OFFERED BY LOLLI AND POPS. BY PARTICIPATING IN THE PROGRAM, YOU AGREE (I) TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS LOLLI AND POPS, ITS PARENT, SUBSIDIARIES, AFFILIATES, RETAILERS, AND ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "RELEASED PARTIES") FROM ANY LIABILITY OR DAMAGES WHICH MAY ARISE OUT OF PARTICIPATION IN THE PROGRAM OR OUT OF THE ACCEPTANCE, USE, MISUSE OR POSSESSION OF ANY REWARD OR PRODUCTS ATTAINED THROUGH THIS PROGRAM. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
RELEASED PARTIES ARE NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, DELAYED, INACCURATE, GARBLED, UNDELIVERED, MISDIRECTED POPS, REWARD REQUESTS, REWARD ITEMS OR OTHER ERRORS OR PROBLEMS OF ANY KIND RELATING TO OR IN CONNECTION WITH THE PROGRAM, WHETHER PRINTING, TYPOGRAPHICAL, TECHNICAL, COMPUTER, NETWORK, HUMAN, MECHANICAL, ELECTRONIC OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ERRORS OR PROBLEMS WHICH MAY OCCUR IN CONNECTION WITH THE ADMINISTRATION OF THE PROGRAM, THE TABULATING OF POP POINTS, THE ANNOUNCEMENT OF THE REWARD ITEMS OR IN ANY PROGRAM-RELATED MATERIALS. PERSONS FOUND TAMPERING WITH OR ABUSING ANY ASPECT OF THIS PROGRAM, WHO ARE ACTING IN A DISRUPTIVE OR UNSPORTSMANLIKE MANNER OR WHO ARE OTHERWISE NOT IN COMPLIANCE WITH THESE TERMS AS SOLELY DETERMINED BY LOLLI AND POPS WILL BE DISQUALIFIED AND ALL POP POINTS WILL BE VOID. RELEASED PARTIES ARE NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS PROGRAM OR DOWNLOADING MATERIALS FROM OR USE OF THE LOLLI AND POPS SITE.
2. CHANGES, TERMINATION AND/OR REMOVAL FROM THE PROGRAM
Lolli and Pops reserves the right at any time to modify, suspend or cancel the Program at any time. Any changes Lolli and Pops makes will be effective immediately on notice, which it may give either by posting the new terms on the site or via e-mail. Your participation in the Program after such notice will be deemed acceptance of such changes. You should review these Terms and Conditions periodically to ensure familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date at the top of these Terms and Conditions. All questions or disputes regarding the Program, including without limitation, those involving eligibility,
3. NOTICE OF FINANCIAL INCENTIVE
We offer our customers a loyalty program that provides certain perks, such as rewards and exclusive offers. We may also provide other programs, such as sweepstakes, contest, or other similar promotional campaigns (collectively, the “Programs”). When you sign up for one of these Programs, we typically ask you to provide your name and contact information (such as email address and/or telephone number). participation, fraud and abuse will be resolved by Lolli and Pops.
Your participation in the Program constitutes permission for Lolli and Pops and its designees to use your name, biographical information, image, likeness and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.
Because our Programs involve the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering those products, services, and benefits to Program participants.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Lolli and Pops in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
4. PARTICIPATING LOCATIONS
Pops Points may be earned only at participating Lolli and Pops locations and LolliandPops.com. Taxes, shipping and handling, and fees may be excluded and ineligible for accrual.
Store-in-a-Store - Lolli and Pops operating within other retail locations are not eligible to earn and/or redeem Pop points.
5. POP POINTS EXPIRATION
POP Points expire 12 months from the date of POP Points accumulation. POP Points expire on a rolling 12-month basis and do not rollover.
Note: The POP Points Loyalty Rewards system has been slow to expire points. Lolli & Pops has implemented new Loyalty Reward systems and POP Points expire and update at the end of this year 2022.
6. PERSONAL INFORMATION
7. MEMBER COMMUNICATIONS
You may access your account information, view your account activity and edit account preferences at https://loyalty.lolliandpops.com. If you should require additional assistance, you can contact us at firstname.lastname@example.org or contact us by mail at:
Lolli and Pops
3200 East Cherry Creek South Drive
Denver CO 80209
8. MEMBERSHIP CANCELLATION
You may withdraw from participating in a Program at any time. To withdraw from the program, you may contact us anytime with your request by emailing email@example.com. Any points and rewards will become void at the time of cancellation. Visit the terms and conditions page of each Program to view full details, including how to join.
9. CHANGES, TERMINATION AND/OR REMOVAL FROM PROGRAM
Lolli and Pops may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Lolli and Pops website.
10. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Lolli and Pops reserves the right to exclude individuals from the Program or remove Rewards from a member's account in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by Lolli and Pops), failure to follow any terms of the Program, inactivity for more than 12 months, any misrepresentation or any conduct detrimental to the interests of Lolli and Pops not otherwise protected by law may subject members of the Program to revocation or deduction of Rewards obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Rewards are non-transferable and points purchases must be made by the member. If your membership in the Program is revoked or otherwise cancelled, any Rewards in your account will automatically expire. Lolli and Pops reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 1999-2023 LOLLI AND POPS ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Lolli and Pops and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Lolli and Pops or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Lolli and Pops is strictly prohibited.
12. QUESTIONS? RESOLVING DISPUTES
Should you have any questions about the Program, please email firstname.lastname@example.org.If a dispute should arise between you and Lolli and Pops, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing 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.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND LOLLI AND POPS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
13. AGREEMENT TO ARBITRATE DISPUTES – U.S. RESIDENTS ONLY
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 AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Lolli and Pops agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Lolli and Pops’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Lolli and Pops 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 this Program 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 Lolli and Pops 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 Lolli and Pops will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Lolli and Pops 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, Colorado, or any other location we mutually agree to, subject to Colorado 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 Lolli and Pops 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 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 Lolli and Pops.
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 Lolli and Pops in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LOLLI AND POPS 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 Lolli and Pops at firstname.lastname@example.org and providing the requested information as follows: (1) Your Name; (2) the URL of the 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 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 Lolli and Pops and U.S. residents to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflict of law rules. If you are a U.S. resident you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Adams County, Colorado. This provision does not apply to residents of New Jersey.
The provisions of this Program 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 Lolli and Pops, 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 Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
16. Information for California Residents – California Privacy Rights
California Shine the Light
Customers who are residents of California may request information concerning the categories of personal information (if any) we share with third parties or affiliates for their direct marketing purposes. If you would like more information, please submit a written request to us at this address:
Lolli and Pops
3200 East Cherry Creek South Drive
Denver CO 80209
Categories of Personal Information We Collect and Our Purposes for Collection and Use
You can find a list of the categories of personal information that we collect in the “What Personal Information We Collect” section above. For details regarding the sources form which we obtain personal information, please see the “How We Collect Your Personal Information” section above. We collect and use personal information for the business or commercial purposes described in the “How We Use Your Personal Information” section above.
Categories of Personal Information Disclosed and Categories of Recipients
We disclose the following categories of personal information for business or commercial purposes to the categories of recipients listed below:
- We share Basic Identifying Information with: Service Providers, Third Party Partners, advertising networks, and social media networks.
- Providers, Third Party Partners, advertising networks, and social media networks.
- We share Internet or Other Network Activity with: Service Providers, Third Party Partners, advertising networks, and social media networks.
- We share Geolocation Data with: Service Providers and Third Party Partners.
- We share Payment Information with: Service Providers who process payments.
- We share Commercial Information with: Service Providers, Third Party Partners, advertising networks, and social media networks.
- We share Physical Characteristics with: Service Providers who help administer Community, Beauty Insider, or product recommendations.
- We share Health and Medical Information you choose to provide regarding skin conditions or medications: in connection with a beauty service or with Service Providers that help make product recommendations.
- We share User Content with: Service Providers who help administer our programs, such as Community or product reviews, and social media networks.
- We share Audio and Visual Information with: Service Providers who help administer customer service and fraud or loss prevention services.
- We share Inferences with: Service Providers who help administer marketing and personalization.
For more information on how your information is shared, please see the “How We Share Your Personal Information" section, which provides more detail on our Service Providers and Third Party Partners. We may also need to share any of the above categories of information pursuant to Legal Process or as a result of a Business Transfer as described in the “How We Share Your Personal Information” section.
California Privacy Rights
Subject to certain limitations and in addition to the choices enumerated under the “Your Rights” section above, California residents have the right to request access to (also referred to as the “right to know”) the categories and specific pieces of personal information we collect, use, and disclose; the right to request deletion of their personal information; and the right to opt out of any sales of personal information that may be occurring.
Access and Deletion Requests
You may submit a request for a copy of the information collected about you in the last 12-months, or request deletion of information, by following the steps outlined in the “Member Communications” section above.
You may designate an authorized agent to submit a request on your behalf to access or delete your personal information. To do so, you must: (1) provide that authorized agent written and signed permission to submit such request; and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.
If you have been designated as an authorized agent to submit a request on behalf of another consumer, you must (1) download and complete this Authorized Agent Designation Form and have it signed by the consumer, and (2) email the signed form to email@example.com.
Sale of Personal Information and the Right to Opt-Out
Our use of tracking technologies may be considered a “sale” under California law. You can opt-out of being tracked by these third parties by clicking “Do Not Sell My Personal Information” link at the bottom of our website and selecting your preferences, or by broadcasting the global privacy control signal. Please note that your use of our website may still be tracked by Sephora and/or our service providers. We do not knowingly sell the personal information of consumers under 16 years of age.
Categories of personal information disclosed that may be considered a “sale” under California law: Basic Identifying Information, Device Information and Other Unique Identifiers, Internet or Other Network Activity, Geolocation Data, and Commercial Data.
Categories of third parties to whom personal information was disclosed that may be considered a “sale” under California law: advertisers and marketing partners, data analytics providers, and social media networks.
Right to Non-Discrimination
Notice of Financial Incentive
We offer our customers a loyalty program that provides certain perks, such as rewards and exclusive offers. We may also provide other programs, such as sweepstakes, contest, or other similar promotional campaigns (collectively, the “Programs”). When you sign up for one of these Programs, we typically ask you to provide your name and contact information (such as email address and/or telephone number). Because our Programs involve the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering those products, services, and benefits to Program participants.
You may withdraw from participating in a Program at any time by contacting us using the designated method set forth in the applicable Program rules. Visit the terms and conditions page of each Program to view full details, including how to join.