Thinx Rewards Terms
These terms and conditions (“Loyalty Terms”) govern your participation in the Thinx Inc. (“Thinx,” “we,” or “us”) Referral and Loyalty Program (“Loyalty Program”). YOUR PARTICIPATION IN THIS PROGRAM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE LOYALTY TERMS AS WELL AS THINX’S Terms of Use AND Privacy Policy, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE LOYALTY TERMS, THE TERMS OF USE, OR OUR PRIVACY POLICY, DO NOT PARTICIPATE IN THIS PROGRAM.
By joining the Loyalty Program, you agree that all disputes related to the Loyalty Program shall be resolved exclusively by individual, binding arbitration (wherein you are waiving the right to participate in any class or collective action) as provided in the Terms of Use. Please read the Terms of Use for complete details regarding the dispute resolution process and limits on Thinx’s liability.
1. Loyalty Program Overview
Thinx’s Loyalty Program is free to join. It enables Thinx customers to receive certain promotional offers and benefits by purchasing our products and participating in certain activities on Thinx.com.
The Loyalty Program is structured by three rewards tiers: “Light”, “Moderate” and “Super” (each of the foregoing, a “Rewards Tier”). Rewards Tier status is achieved based on the purchase of eligible Thinx products on Thinx.com (a “Qualified Purchase”) as follows:
- Light = opt into the program
- Moderate = at least $250 of lifetime Qualified Purchases
- Super = at least $500 of lifetime Qualified Purchases
Eligible Qualified Purchases include regular and sale priced merchandise and exclude purchases of gift cards as well as sales tax, state fees, processing, discounts, shipping and delivery charges and/or other excluded charges specified by us from time-to-time (“Excluded Charges”). A Qualified Purchase may not be made by gift card.
Your Rewards Tier provides benefits and opportunities, including those related to the accumulation of loyalty points (“Loyalty Points”), which are earned by making Qualified Purchases and participating in certain program activities such as creating a Thinx.com account, a successful referral, or posting a review (“Earning Events”).
In addition to providing certain exclusive discounts and access benefits, Rewards Tiers function as a multiplier with respect to Loyalty Points accumulated for Qualified Purchases, on a per-dollar basis as follows:
- Light = 1X multiplier
- Moderate = 1.25X multiplier
- Super = 1.5X multiplier
In addition to Loyalty Points, the Loyalty Program may offer account holders additional rewards such as early access to sales, coupons, and exclusive discounts based on tier status or participation activities (these, along with other rewards earned through the program, including coupons, points, and other benefits, are collectively called “Rewards”).
Loyalty Points will be removed from your Loyalty Program account if a Qualified Purchase is cancelled, voided or results in a return or other refund (any of the foregoing, a “Cancellation”) in an amount equal to the Loyalty Points originally earned and attributable to the cancelled or refunded items. If your Loyalty Points account balance is insufficient to cover a deduction related to a Cancellation, your Loyalty Points account balance may become negative. Subsequent Loyalty Points earned will first be applied to reduce that negative balance. Further, if Loyalty Points attributable to a Cancellation moved you to a higher Rewards Tier, Thinx reserves the right to reduce your tier status accordingly.
In order to redeem Points under the Loyalty Program, you must be logged into your Thinx account at the time of the redemption event. Loyalty Points cannot be earned retroactively for orders or activities occurring prior to the launch of the Loyalty Program.
Accrued Loyalty Points may be redeemed for discounts on any Thinx.com product orders where the order total (minus Excluded Charges) equals thirty-five dollars ($35) or more. Loyalty Points and any other Reward (such as referral code coupons) offered under the Loyalty Program cannot, under any circumstances, be redeemed for cash or any cash equivalent including, but not limited to, gift cards or refunds. Loyalty Points cannot be applied to previous purchases, packaging, taxes, or shipping & handling charge. When redeeming Loyalty Points, the value of the Qualified Purchase must be equal to or greater than the value of the total Loyalty Points benefits being used.
To redeem Loyalty Points, you must have accumulated the minimum number of points as established by us for a particular discount or benefit. The conversion value of Loyalty Points into discounts or other benefits (together with any Loyalty Points accrual minimums) is updated from time to time and made available at thinx.com/pages/rewards. No redemption opportunities are guaranteed, and any redemption opportunity may be subject to its own terms and restrictions.
In a return transaction where Loyalty Points were used to reduce the total amount paid and the order total is 100% refunded, you will be entitled to a credit of the Loyalty Points used for the original purchase. In a return transaction where Loyalty Points were used to reduce the total amount paid and the order total is less than 100% refunded, you will not be entitled to a credit of the Loyalty Points used for the original purpose and the number of earned Loyalty Points will be reduced to the unrefunded amount.
2. Program Eligibility
To join the Loyalty Program, register for an account on Thinx.com and opt-in to Loyalty Program. There are no membership fees associated with the Loyalty Program.
In order to be eligible to participate in the Loyalty Program you (as well as any referred customers) must be 18 years of age or older or the legal age of majority in their jurisdiction of residence. Persons who are at least eighteen (18) years old but considered under the legal age of majority in their legal state of residence must obtain the consent of their parent or legal guardian prior to participation in the Program. Additionally, you must be a legal resident of the fifty (50) United States. The Loyalty Program and any Rewards issued thereunder are void where prohibited or restricted by law.
Each Thinx customer may create only one Loyalty Program account. The Loyalty Program account is personal and may not be assigned, transferred, or shared with family, friends, or for commercial purposes. The Loyalty Program account and associated benefits are not intended for those purchasing items for resale. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You must be an active Loyalty Program member in good standing at the time of accrual and redemption of any Loyalty Points.
3. Updates and Modifications
We reserve the right to change the Loyalty Program and Rewards, including how Rewards are earned or redeemed (including the number of Loyalty Points earned in connection with Qualified Purchases or Earning Events) and how Rewards Tiers are achieved or maintained, at any time without advance notice except as required by applicable law. Thinx shall not be liable to you in any way for any value or benefits, including, without limitation, any Loyalty Points or other Rewards, that you may lose as a result of any lawful changes made by Thinx to, or the termination of, the Loyalty Program.
Thinx may amend these Loyalty Terms from time to time by (i) posting revised Loyalty Terms on the website at Thinx.com, and/or (ii) notifying you of material changes, generally via email where practicable. For any significant changes to these Loyalty Terms that will materially and adversely impact you or if we choose to discontinue the Loyalty Program then we shall provide you with prior written notice. You may reject any amendment to these Loyalty Terms and cancel your participation in the Loyalty Program without cost or penalty by sending us notice to that effect no later than thirty (30) days after the effective date of the amendment. To the fullest extent permitted by applicable law, your continued participation in the Loyalty Program after such notice period confirms your acceptance of and agreement to be bound by the modified Loyalty Terms; therefore you should periodically review them to be aware of any changes. Any dispute between the parties related to the Loyalty Terms that arose before the effective date of a revised Loyalty Terms shall be governed by the version of the Loyalty Terms that was in place when the dispute arose.
4. How Loyalty Points are Earned
Loyalty Program members earn and accumulate Loyalty Points from Qualified Purchases and Earning Events. Your accumulation of Loyalty Points qualifies you for placement in a Rewards Tier as described in more detail above. Currently, there are three Rewards Tiers: Light, Moderate, and Super.
Participating customers receive 1 Loyalty Point for every $1 spent on eligible Qualified Purchases on Thinx.com and may potentially earn more points based on Rewards Tier and on other promotional offerings. Purchase prices will be rounded down to the nearest full dollar amount in order to calculate Loyalty Points ($35.99 will earn 35 Loyalty Points). After you have opted into the Program, purchases made using guest checkout will accrue Loyalty Points to your account as long as the same email is used. You must be logged into your account to accrue Loyalty Points.
Loyalty Points will not be awarded on unauthorized or fraudulent purchases, sales tax, state fees, discounts, shipping and delivery charges, and/or other Excluded Charges specified by us from time to time. The amount of a purchase made using gift cards, Loyalty Points, and/or other Rewards under the Loyalty Program (e.g., coupons) as the method of payment will not be applied to your Loyalty Point accrual.
Loyalty Points based on Qualified Purchases will be allocated to your account immediately. If you make a Qualified Purchase and subsequently there is a Cancellation of any items in that order, then any Loyalty Points earned will be removed from your account commensurately.
You may also earn Loyalty Points by participating in certain Thinx “Earning Events ” (such as successful Qualified Referrals). More details regarding Earning Event requirements and the number of eligible Loyalty Points associated for each Earning Event are available at thinx.com/pages/rewards. Loyalty Points for Earning Events will be allocated to your Loyalty Program account as soon as practicable following their occurrence.
If you make sufficient Qualified Purchases to qualify for a new Rewards Tier, the new tier status will take effect following when the minimum Qualified Purchases amount for the applicable tier is allocated to your account (subject to any Cancellation).
Visit thinx.com/pages/rewards to learn more about Rewards Tiers and earning and redeeming Loyalty Points as well as other benefits.
Each Loyalty Point expires twelve months from the date of issuance. If you do not redeem such Loyalty Point during such applicable period, such accrued Loyalty Points in your account will expire.
If you elect to cancel your Loyalty Program account, you forfeit access to any previously earned Loyalty Points or other Rewards. If you choose to opt into the Loyalty Program again, access to unexpired past points is restored, but points are not earned while you’re not opted in.
5. Referral Program
Thinx’s customer referral program gives Loyalty Program members the opportunity to earn Loyalty Points by referring others to make purchases at Thinx.com. To earn points, Loyalty Program members must be logged in when they refer. Referred users will receive a $10 coupon to spend on a Qualified Purchase. Loyalty Program accounts holders can share a unique referral URL (each a “Referral URL”) with a friend (via email, personal URL, Facebook, or WhatsApp)) provided that the friend (1) has not previously purchased a Thinx product and (2) makes a Qualified Purchase (minimum $35 spend) on Thinx.com using that Referral Code (and the purchase is not fraudulent or subject to chargebacks) and the Qualified Purchase is not cancelled. A Referred Customer may only use one Referral Code. Referred Customers do not need to register for a Thinx account to use a Referral Code. Referred Customers do not need to opt into the Loyalty Program to use a Referral Code. If a referred friend receives Referral URLs from multiple referrers, only the corresponding referrer of the Referral URL used by the referred friend will receive Loyalty Points.
Referrers should only distribute their Referral URLs in a manner consistent with these Loyalty Terms. The terms of use and/or community guidelines governing social media platforms may apply to Referral URLs shared through such platforms. Any distribution of a Referral URL that could constitute unsolicited commercial or “spam” messages under any applicable law or regulation (such as the CAN-SPAM Act) is expressly prohibited and will be grounds for disqualification. If Thinx determines that purchases were made through Referral URLs that were distributed through an unauthorized channel then the Loyalty Points and Referral Codes issued in connection with such transactions may be revoked.
In connection with any referral you represent and warrant that (a) you will only share your Referral URL with persons who are at least 18 years of age and a resident of one of the 50 United States or Washington, D.C., and to the extent that you share your Referral URL via email, (b) you have obtained the friend’s consent to provide his/her email address to Thinx, and (c) both you and each friend/family member whose email address you are providing understand and agree that Thinx will process personal information in accordance with Thinx’s Privacy Policy.
6. Limits
Loyalty Points and other Rewards will have no cash value, are for personal use only and are non-transferable (e.g., cannot be sold). You cannot use Rewards to purchase products for anyone other than you and your friends, family, or as gifts. You must not share your account identification and/or password or in any way make them accessible to others. You have no property rights in or to Loyalty Points, rewards or other benefits associated with the Loyalty Program and they cannot be exchanged or returned for points, another product or a monetary refund. Only the Loyalty Program account holder may accumulate or redeem Rewards associated with that account. Your sale, transfer or assignment of any Rewards offered through the Loyalty Program is expressly prohibited and will be cause for termination of your participation in the Loyalty Program.
We reserve the right to determine the Rewards in any customer Loyalty Program account based upon Thinx’s internal records related to such account. A customer’s Loyalty Points and any other Rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of such rewards shall be final and binding. We reserve the right (in our sole discretion) to disallow Rewards that were issued in error or that were not earned legitimately.
Subject to applicable law we may change the number or type of Loyalty Points or other Rewards, cap the number of Rewards a Loyalty Program account holder may earn in any time period, or place limits on the Qualified Purchases or Earning Events that are eligible for the Program. We reserve the right to terminate or suspend accounts or void Rewards for any lawful reason, including but not limited to, if we notice any activity that we believe is abusive, fraudulent, or in violation of laws, these Loyalty Terms or the Thinx Terms of Use. Upon termination of the Loyalty Program, except to the extent prohibited by applicable law, all Loyalty Program benefits and unused Rewards will automatically be cancelled, and participants will not be permitted to redeem those Rewards.
You are responsible for any tax liability related to your Rewards or your Qualified Purchases.
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY.
7. Financial Incentive Notice
The Loyalty Program may be considered a “financial incentive” under the California Consumer Privacy Act and a “bona fide loyalty program” under the Colorado Privacy Act. The Loyalty Program offers incentives to customers that involve sharing of personal data with us in accordance with our Privacy Policy. The Loyalty Program offers discounts, coupons and opportunities to participate in other promotional opportunities in connection with your submission of email addresses, phone numbers or other information which may constitute personal information under applicable law. We calculate the value of the personal data we collect through such promotional programs based on the return on investment or incremental margin generated by us from administering financial incentives and from processing such personal data. Participation in the Loyalty Program is always optional and you may cancel your participation in the Loyalty Program (which will withdraw you from the financial incentives) at any time by emailing us at hello@thinx.com.
8. Privacy and Program Communications
The information you provide as a Loyalty Program account holder will be managed by Thinx as described in Thinx’s Privacy Policy. By enrolling in the Loyalty Program, you agree to receive communications relating to your Loyalty Program account and the Program from Thinx, its affiliates, and brands. With your consent, we will send you advertising, marketing, and promotional materials from Thinx, Inc. brands. You may opt out of marketing communications at any time, however, in such case you may continue to receive transactional notifications (e.g., notice emails and non-marketing or non-promotional emails) regarding your account so long as you remain enrolled in the Loyalty Program.
For information about your account, please visit thinx.com/pages/rewards or support.shethinx.com.
9. Miscellaneous
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other circumstances beyond our reasonable control. Our failure to insist upon or enforce your strict compliance with these Loyalty Terms will not constitute a waiver of any of our rights. Thinx reserves the right to interpret and apply the policies and procedures communicated in these Loyalty Terms in its sole and absolute discretion. Each of the clauses of these Loyalty Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.