Shoebacca Rewards Program Terms & Conditions

By enrolling in the SHOEBACCA Rewards Program, you agree to these Terms and Conditions and any amendments or modifications thereto, and you agree to SHOEBACCA' website terms of use which are incorporated into these Terms and Conditions. These Terms and Conditions do not alter the terms or conditions of any other agreement you may have with SHOEBACCA for other products or services.

Note: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

SHOEBACCA reserves the right to change the terms and conditions of the Rewards Program at any time without notice, including the right to discontinue or change the benefits of the Rewards Program. If we make any material changes to these terms and conditions or terminate the Rewards Program, we will post the new terms on Shoebacca.com and we may notify you by email. All Points and subsequent Rewards must be earned and used according to the terms and conditions of the Rewards Program as of the date the Points are earned.

For more details on what information Shoebacca collects from its website visitors, please visit our Privacy Policy.

The Rewards Program is a free customer loyalty program that allows participants to earn points (“Points”) for every dollar spent on Eligible Product Purchases (as defined below). Points accrue when a Member’s unique customer account is logged in at the time of purchase for online Eligible Product Purchases. Under the Rewards Program, “Eligible Product Purchases” means purchases of SHOEBACCA products such as footwear, handbags and accessories, subject to any exclusions applicable at the time of sale or as stated herein. Gift card purchases are excluded. Members also have the ability to periodically earn bonus Points. Bonus Points help a Member earn Rewards faster, but may not contribute to a Member’s overall tier status.

SHOEBACCA has the sole right to make the final decision on whether a purchase qualifies for Points (or an action qualifies for bonus Points) under the Rewards Program.

The Rewards Program is free to enroll. There are four (4) eligible tiers of Membership. The Member will graduate to the next tier automatically upon meeting the tier’s qualifications as follows:

• The first tier (“Fan”) is achieved upon enrollment in the Rewards Program. As a Member, the Member earns one (1) Point for every $1.00 spent on Eligible Product Purchases. Rewards Members are eligible for free 4-7-day shipping. If a Member has made a prior SHOEBACCA purchase of $1.00 or greater using their SHOEBACCA Member Account, the Member will receive a $5.00 birthday offer each birthday which can be used online or in-store. Members also receive exclusive personal benefits through the Rewards program. The foregoing benefits are collectively referred to as the “Fan Member Benefits.”

• The second tier (“Super Fan”) is achieved when the Member earn 100 points on Eligible Product Purchases in the same calendar year. As a Super Fan Member, the Member earns one (1) Point for every $1.00 spent on Eligible Product Purchases. In addition to the Fan Member Benefits, Super Fan Members are also eligible for free product return shipping within sixty (60) days of purchase, and periodic perks like early access to product releases and exclusive personal benefits through the Rewards program. The foregoing benefits are collectively referred to as the “Super Fan Member Benefits.”

• The third tier (“Mega Fan”) is achieved when the Member earns over $500.00 on Eligible Product Purchases in the same calendar year. As an Mega Fan Member, the Member earns one (1) Point for every $1.00 spent on Eligible Product Purchases. In addition to the Fan Member Benefits and Super Fan Member Benefits, Mega Fan Members will be eligible for Free 3-5 Day Shipping. If a Mega Fan Member has made a prior SHOEBACCA purchase of $1.00 or greater using their Rewards Member Account, Mega Fan Members will receive a $10.00 birthday offer each birthday which can be used online. Mega Fan members will also be invited to two (2) double point days each calendar year in which the Mega Fan Member earns double Points on Eligible Product Purchases. Mega Fan Members will also receive exclusive personal benefits through the Rewards program. The foregoing benefits are collectively referred to as the "Mega Fan Benefits."

• The fourth tier (“Ultimate Fan”) is achieved when the Member earns over 750 points on Eligible Product Purchases in the same calendar year. As an Ulitmate Fan Member, the Member earns one (1) Point for every $1.00 spent on Eligible Product Purchases. In addition to the Fan Member Benefits, Super Fan Member Benefits, and Mega Fan Benefits, Ultimate Fan Members will be eligible for early access to exclusive offers. All Eligible Product Purchases made by an Ultimate Fan Member on or after November 8, 2023 will be eligible for return by the member within 365 days of purchase. If an Ultimate Fan Member has made a prior SHOEBACCA purchase of $1.00 or greater using their Rewards Member Account, Ultimate Fan Members will receive a $15.00 birthday offer each birthday which can be used online. Ultimate Fan Members will also receive exclusive personal benefits through the Rewards program. The foregoing benefits are collectively referred to as the "Ultimate Fan Benefits."

Points will typically post to Member’s Account 21 days from the purchase date. No adjustments to Member’s Account will be made after 90 days from the actual purchase date.

Point calculations are based upon dollars spent at checkout on Eligible Product Purchases less any dollars spent on sales tax, shipping charges, delivery charges, restocking fees, rebates applied at the time of purchase, the dollar amount of available mail-in rebates at the time of purchase of any product or service, the dollar amount of the purchase of Gift Cards and eGift Cards, and the dollar amount of any Gift Card offer with purchase or other excluded charges.

Members do not earn Points for the amount of any Reward redeemed or discounts applied to an Eligible Product Purchase. When Members return products by mail, Points previously posted to Member’s Account for that purchase will be deducted from Member’s Account. Other exclusions may apply. Points apply only to the First Member Account in connection with any purchase. Points and Rewards have no cash value, are nontransferable, except as specifically permitted in connection with certain promotions. Points may not be combined among Rewards Members or conveyed by any means to anyone, including through a Member’s estate and may not pass to Members’ successors and assigns. Points do not constitute property of the Member. SHOEBACCA may revoke some or all Points and Rewards if it is determined, in SHOEBACCA's sole discretion, that a Member received Points and Rewards due to an error, through fraud, abuse, or deception, or in any manner not authorized or intended by SHOEBACCA.

SHOEBACCA is not responsible for communications, including Rewards, lost due to communication issues including change of address or other contact information or technical issues or malfunctions. Points that remain on Member’s account one (1) years from the date earned will be forfeited. If the Rewards Program is terminated or the Member’s account is closed, any remaining earned Points will be forfeited. Rewards are for one-time use only. In the event that a Member returns merchandise that was partially or wholly paid for with a Reward(s) , the Reward(s) used in connection with such a purchase shall not be reissued and no Points representing such Reward(s) shall be reissued to such Member’s Account. In these cases, the Member forfeits the Rewards(s).

The Rewards Program is available to individuals who are at least 18 years of age. The Rewards Program is intended for personal, non-commercial use only and is limited to one account per individual. SHOEBACCA may refuse to create a Rewards Program Member account for any reason. SHOEBACCA reserves the right to exclude any individual from or discontinue any individual’s participation in the Rewards Program. SHOEBACCA will investigate suspected violations of the Rewards Program, which may result in immediate suspension or cancellation of the Rewards account. SHOEBACCA reserves the right to cancel or suspend participation in the Rewards Program in the event of Rewards Program fraud, deception, abuse, or excessive earning of Points or Rewards, violation of these Terms or SHOEBACCA's Terms of Use or any applicable law, or at SHOEBACCA's sole discretion. SHOEBACCA also reserves the right to exercise any and all rights, remedies and legal actions, whether under these Terms and Conditions, SHOEBACCA's Website Terms of Use, the law, or at equity, related to suspected violations of the Rewards Program. Any Points and Rewards in the Rewards account will become void at the time of cancellation or suspension.

By creating a Rewards Program Member account, you consent to SHOEBACCA sending you email communications concerning your transactions and related activity and/or actions that have earned rewards and benefits under the Rewards Program.

For every 100 Points Members earn in the Rewards Program, Members will be eligible to redeem points for $5.00 off the purchase of any eligible products or services at shoebacca.com. Points are automatically added to Member’s account once earned and can be redeemed during checkout and applied to the order.

Members in good standing may earn up to a maximum of 20 Rewards per year. Rewards may be used toward the purchase of products in conjunction with other Rewards and most other discounts or offers, not to exceed purchase amount. Some exclusions may apply and there is a limit of three (3) Rewards, discounts, and/or offers per transaction. No photocopies or facsimiles accepted.

Rewards cannot be applied to prior purchases. Points are not valid toward prior purchases, certain products and services, the purchase of SHOEBACCA Gift Cards and eGift Cards, tax or state fees. Points are not redeemable for cash and no change or currency will be given for Point redemption. Members may be notified of additional ineligible products and services. Other restrictions may apply. Lost, stolen, or expired Points will not be replaced.

Except as provided for in the Rewards Program, Rewards are not transferable and may not be combined among Rewards Members or conveyed by any means to anyone. Rewards are not transferable through a Member’s estate and may not pass to Members’ successors and assigns. Rewards do not constitute property of the Member.

• Mandatory Informal Dispute Resolution Process.

• There might be an occasion in which a Dispute (as defined below) arises between you and SHOEBACCA. Should such a situation arise, SHOEBACCA is committed to working with you to resolve the Dispute. Therefore, for any Dispute that arises between you and SHOEBACCA, both parties agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding as set forth below. This informal dispute resolution process is a condition precedent and prerequisite to commencing arbitration or a proceeding in small claims court.

• This process requires that one party send a written description of the Dispute, including the nature of the claim and the nature and basis of the specific relief sought, to the other party. For any Dispute you initiate, you agree to send this written information about the Dispute along with your contact information sufficient for SHOEBACCA to identify your transaction, account, or other relevant information with SHOEBACCA to the attention of our Legal Department at cs@shoebacca.com or via certified mail to 2205 E Pioneer Dr, Irving, TX 75061 Attention: Legal Department. The time period referenced below begins to run upon receipt of this written description. You and SHOEBACCA then agree to negotiate in good faith about the Dispute, including through an informal and individualized telephonic dispute resolution conference between you and SHOEBACCA. If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if it is not resolved within sixty (60) days after receipt of the written description detailed above, you and SHOEBACCA agree to the further dispute resolution provisions below.

• The parties agree that any relevant limitations period and filing fee or other deadlines shall be tolled while the parties engage in this informal dispute resolution process.

• Arbitration. Any Dispute between you and SHOEBACCA that cannot be resolved informally as detailed above shall be resolved through individual arbitration or in small claims court.

• The term “Dispute” shall be interpreted as broadly as permitted under the law and shall cover any claim or controversy, related to us or our relationship including but not limited to, any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these or any prior Terms and Conditions; (3) claims that arise after the termination of these Terms and Conditions; and (4) claims that are the subject of purported class action litigation. Notwithstanding the forgoing: (a) either you or SHOEBACCA may elect to have a Dispute heard (1) in small claims court on an individual basis if the amount in controversy is properly within the jurisdiction of an appropriate small claims court or (2) in a court of competent jurisdiction to seek to enjoin infringement or other misuse of intellectual property rights; and (b) SHOEBACCA may elect to have a Dispute heard in a court of competent jurisdiction if the Dispute is related to suspected violations of the Rewards Program.

• The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). You may deliver any required or desired notice to us by mail to Shoebacca Attn: Legal Department, 2205 E Pioneer Blvd, Irving, Texas 75061.

• This arbitration provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1- 800-778-7879). If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision shall govern. If the AAA is unable to administer a proceeding under this arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will be located in Dallas County, Texas. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court. You agree to appear in an initial conference with the arbitrator and at any hearing, along with your counsel if you are represented.

• Payment of filing and other fees shall be governed by the AAA’s Consumer Arbitration Rules. For purposes of determining whether a claim or counterclaim was filed for purposes of harassment or is patently frivolous, the arbitrator may consider, without limitation, whether a party had previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased or whether the proceeding is part of multiple case filings.

• THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SHOEBACCA CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.

• If for any reason a claim may proceed in court rather than in arbitration, the parties waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

• This arbitration provision shall survive any termination of these Terms and Conditions or the Rewards Program. Any amendments to this arbitration provision shall be prospective only and shall not affect any pending claim or arbitration proceeding.

The laws of the State of Texas will govern these terms and conditions without giving effect to any principles of conflicts of laws. The parties hereto consent to the jurisdiction of the courts located in Dallas County, Texas, agree that the exclusive venue and jurisdiction for any dispute between the parties shall be the state or federal courts located in Dallas County, Texas.