MANGO LIKES YOU LOYALTY PROGRAMME
1. INTRODUCTION
MANGO LIKES YOU is a customer loyalty program (“Program”) provided by Mango NY Inc. (“MANGO,” “us” or “we”). Customers are automatically enrolled in the Program when they register for an online account at a participating MANGO website or on the MANGO App (collectively, our “Sites”) or sign up for the Program at MANGO physical stores (our “Stores). These General Terms and Conditions (“Program Terms”) govern how the Program operates in the United States and is a binding agreement between MANGO and our customers who participate in the Program (“Participant” or “you”). 4
2. YOUR ACCEPTANCE OF THE PROGRAM TERMS
MANGO wants to be sure you understand how the Program works, so we strongly recommend that you read these Program Terms carefully. They contain important information about a class action waiver and an arbitration provision requiring you to arbitrate any claims you may have against MANGO on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, ANDTHAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
By continuing to participate in the Program, you agree to the rules, regulations, policies, and procedures of the Program including, but not limited to, these Program Terms. MANGO reserves the right to disqualify Participants who violate any of the Program Terms.
3. When you view your Program information online on a MANGO Site, the Terms of Use posted on the Site you are accessing will also apply. If there are any conflicts between the posted Terms of Use and these Program Terms, these Program Terms will control. For information about how MANGO collects and processes personal information about your participation in the Program, please see our Privacy Policy-USA, including the Notice of Financial Incentives.
4. MANGO’S RIGHT TO CHANGE OR CANCEL THE PROGRAM AND PROGRAM TERMS
MANGO may alter, limit, or modify the Program structure or any other feature of the Program at any time at our discretion including, but not limited, to the benefits of the Program how Likes (defined below) are earned, calculated, and redeemed; and the expiration date of Likes. Mango reserves the right to modify these Program Terms or cancel the Program at any time, for any reason. If a modification will impact Participants’ rights, appropriate advance notice will be provided. Mango will post any additional or changed Program Terms on this Site and then update the “Last Updated” date above. Your continued participation in the Program will confirm your acceptance of any modification or cancellation.
5. WHO CAN PARTICIPATE IN THE PROGRAM?
You are eligible to participate in MANGO LIKES YOU if:
- You are at least 18 years of age (or higher legal age) in your state of residence;
- You are a resident of the USA or another other country in which MANGO has launched the Program (“Program Territory”). Any Participant who provides a telephone or mobile number with USA prefix will be considered a resident in the USA;
- You are a USA resident and already have a registered MANGO online account or have subscribed to receive the MANGO newsletter at the time the Program is launched in the USA;
- You sign up only to participate in the Program as explained in Section 5.
At any time, you may withdraw from the Program as explained in Section 17 below.
6. HOW DO I JOIN THE PROGRAM?
Participation in the Program is free of charge and no purchase is necessary to become a Participant.
- If you already have a MANGO online account at the time the Program is launched in the USA, you are automatically enrolled in the Program.
- If you are a subscriber receiving the MANGO e-mail newsletter at the time the Program is launched in the USA, you can join the Program by completing your Mango Likes You account online or in a Store.
- If you do not already have a MANGO account, you can join the Program by:<ul><li>Registering to open an online MANGO account. Opening a MANGO account will automatically enroll you in the Program. You can open a Mango account online, at www.shop.mango.com website or the MANGO App, by providing your e-mail address, mobile phone number, account password, and any other personal data that may be required and confirming your consent to participating in the Program on these Program Terms. When you register an online MANGO account, you will be able to login to your account or identify your account in-Store when you make purchases or take actions that qualify to earn or redeem Likes as described in these Program Terms.
- Signing up in a Store. You can join the Program in person at any participating MANGO Store located in the Program Territory (excluding outlet establishments, airports, and certain other retail outlets), by providing in person your e-mail address, mobile phone number, and any other personal data required and confirming your consent to participating in the Program on these Program Terms. (Note that you will need to register an online account in order for your online purchases to be included in the Program.)
</li></ul>The e-mail address and mobile phone number you provide must be current and valid. They will be used to identify you so that you can earn or redeem Likes as explained in Sections 8 and 9 of these Program Terms. You can update your email address and mobile number by logging on to your account and updating your information.
Participation is only available to individuals, is limited to one account per individual, and can only apply to the purchases made by a single Participant. Program participation cannot be shared among several people.
To participate in the Program, you are not required to agree to receive advertising or promotional e-mails from MANGO. You are required to agree to these Program Terms.
7. WHAT ARE THE BENEFITS OF THE PROGRAM?
MANGO LIKES YOU enables you to earn points, called “Likes,” based on your purchases and other actions and to redeem the Likes you have earned toward the purchase of Eligible Products as explained in Sections 8 and 9 below.
MANGO reserves the right to verify the identity of any Participant before processing any awards, redemptions, or adjustments of Likes for Program purposes such as purchases, exchanges, and returns. Verification may take place:
- In-Stores: Participants may be requested to identify themselves to the cashier by providing their e-mail or mobile phone number or their MANGO LIKES YOU ID (barcode), which may be shown on their mobile device (found in the “My account” section on the MANGO App).
- Online: Participants log in to the "My Account" section on the Site with their account credentials and password.
8. HOW TO EARN “LIKES”
8.1. Earn Likes through Eligible Purchases
Once Participants have identified themselves, they may accumulate Likes by purchasing Eligible Products (defined below) in participating Stores or purchasing online on at a Site. Each award of Likes has an expiration period of one (1) year from the day of the award. If the one-year period elapses without the Participant having exchanged the Likes as explained in Section 9, they will be automatically deactivated.
“Eligible Products” refers to garments and accessories that are branded to business lines operated by MANGO.
For each Eligible Product purchase made by a verified Participant, the Participant will earn Likes in accordance with the following formula:
$1.00 (One Dollar) spent of the “RRP” = 4 Likes = 0.02 Dollar discount
“RRP” means the recommended retail price (excluding taxes).
If the Eligible Product is on sale (subject to a discount) at the time of purchase, the RRP means the discounted sale price. (excluding taxes)
8.2. Earn Likes through Actions
Once Participants identify themselves, they may earn Likes through actions other than the purchase of Products subject to certain conditions as shown and explained below:
ACTION | LIKES | DISCOUNT | LIMITED TO | EXPIRATION |
Birthday | 1000 | $5.00 | Once every 12 months | 30 days from date of award |
Product recycling | 200 | $1.00 | Once every 30 days | One year from date of award |
Identification with<br bold="[object Object]"/>MANGO LIKES YOU ID (barcode) when making<br bold="[object Object]"/>a purchase in-Store | 10 | $0.05 | 10 times every 30 days | One year from date of award |
In-Store collection<br bold="[object Object]"/>of online orders<br bold="[object Object]"/>and/or<br bold="[object Object]"/>In-Store MANGO App<br bold="[object Object]"/>check-in | 10 | $0.05 | Total of 12 times every 30 days | One year from date of award |
MANGO App Installation/update/login | 10 | $0.05 | One time | One year from date of award |
The following conditions apply to earning Likes for the actions listed above:
8.2.1. Birthday: Participants will be awarded 1,000 Likes if they have provided MANGO with their birthday at the time they register for a MANGO account via a Site or sign up in a MANGO Store to participate in the Program. The award of Likes for your birthday has an expiration period of thirty (30) days from the day of the award.
8.2.2. Product Recycling: Participants can bring used MANGO clothing and other Eligible Products to a Store for recycling by placing them in a container labeled “Recycling Box." Be sure to identify yourself with the MANGO Store personnel so they can process the Likes for your recycling action. Participants are awarded 200 Likes for each recycling action, regardless of the number of Eligible Products being recycled. Likes for recycling can only be earned one time per in every 30 days.
8.2.3. Identification with MANGO LIKES YOU ID (barcode): Participants who identify themselves with a MANGO ID (Barcode) when they make an in-Store purchase of Eligible Products will be awarded ten (10) extra Likes in addition to the Likes earned for the purchase. The award of Likes for identifying yourself on the MANGO App when you visit a Store is available for up to ten (10) identifications in any 30-day period.
8.2.4. Collecting online purchases in a Store: An identified Eligible Product purchase made via a Site and marked for “store collection” will be awarded an additional ten (10) Likes on the date of purchase. In any 30-day period, Participants can receive Likes for up to a total of twelve (12) in-Store collections of online purchases plus in-Store MANGO App check-ins (described below).
8.2.5. MANGO App check-in from a Store: This action is available to Participants who have the MANGO App installed, are logged in, and are present in a Store. Participants may go to the “Benefits” section of the MANGO App and activate the check-in option one (1) time per day to be awarded ten (10) Likes. However, this award will not be available if the Store is out of range. In any 30-day period, Participants can receive Likes for up to a total of twelve (12) in-Store collections of online purchases plus in-Store MANGO App check-ins.
8.2.6. Installation, update, or login on the MANGO App: Participants who do not have the MANGO App installed on their device will be awarded ten (10) Likes if they download, register, and log in with the e-mail associated to their MANGO LIKES YOU account. Participants who, prior to the launch of the Program, already had the App installed on their device will be awarded 10 Likes if they update the version of the MANGO App and log in to it. The award of Likes for this action is only valid with the first installation or update and login to the MANGO App.
9. EXCHANGE OF LIKES
Participants may exchange (also referred to as redeeming) the Likes they earned for discounts on future purchases of Eligible Products or services offered by MANGO as described below:
9.1. Exchange of Likes for discounts on future purchases
The Participant must have at least 1,000 accumulated Likes to be able to redeem LIKES for discounts on purchases of MANGO clothing and other Eligible Products. Likes are not redeemable for discounts on products from other brands. The discount may be used in conjunction with other promotions or sales offered by MANGO, subject to a maximum upper limit equivalent to fifty percent (50%) of the initial recommended retail price (RRP) of the Eligible Product (excluding taxes).
Discounts will be applied to the RRP of the Eligible Products (excluding taxes). Under no circumstances may Likes be exchanged for money or for their value in kind.
9.2. Exchange of Likes for services offered by MANGO
The Participant may exchange Likes for services offered by MANGO and its partners when these are sufficient as described in the "Benefits" Section of the Sites.
10. GENERAL RULES OF OPERATION
The operating rules regarding the earning and exchange of Likes are summarized below:
- The number of Likes awarded for the purchase of Eligible Products will be calculated based on the final amount of the purchase price after deducting the amount of any redeemed Likes, gift cards used, and any other applicable discounts, sales, or promotions. Taxes are also excluded. Additional items may be excluded from the calculation of Likes earned at MANGO’s discretion.
- Both the award of Likes and their exchange will be calculated in whole numbers (in other words, rounded quantities, without decimals).
- Likes are not awarded for the costs of shipping and product alteration or on purchases made by redeeming Likes.
- Likes cannot be exchanged for money or for their value in kind.
- Likes may not be transferred to third parties.
- Likes will be available for exchange within a maximum of twenty-four (24) hours after the award of the Likes has been processed for a purchase or other action.
- Likes cannot be earned or redeemed in Mango Outlet, airport stores or department store-in-store MANGO locations.
- When Participants make a purchase of Eligible Products, they may choose either to (i) continue accumulating Likes or (ii) redeem the Likes in their account and receive a discount on the purchase price. The maximum discount that may be applied by redeeming Likes is equal to fifty percent (50%) of the initial Recommended Retail Price (excluding taxes). Any Likes remaining in the Participant’s account after reaching the maximum discount will be retained for the Participant’s future use, with their original expiration date.
- The exchange of Likes to purchase Eligible Products may be combined with any other payment method.
- Participants can earn and exchange Likes during sale periods and promotions.
- The Program expressly excludes (i) the purchase of Products with the assistance of the MANGO Customer Services telephone service and (ii) an order placed in-Store with the assistance of MANGO personnel at the customer’s request for an Eligible Product currently out-of-stock at that Store.
- MANGO does not guarantee the availability and continued operation of the Program whenever technical reasons (e.g., error in the operation of systems, servers, computer equipment, internet) or force majeure prevent this, and therefore will not assume any liability for any damages that may be derived from a lack of continuity in the operation of the Program. However, and wherever possible, MANGO will make every effort to notify the Participant of such incidents.
- Likes will not be awarded if, in MANGOs reasonable opinion, products purchased will be used for resale or commercial use or are unauthorized or fraudulent. Any Likes awarded on such purchases will be forfeited.
11. MANGO reserves the right to initiate whatever action it deems appropriate in the event of detecting fraudulent or suspicious behavior by Participants who are not making proper use of the benefits offered by the Program.
12. HOW DO LIKES WORK WITH GIFT CARDS?
Likes cannot be earned when you purchase a gift card; nor can you exchange Likes to purchase a Gift Card.
If a Participant receives a Gift Card, that Participant may pay for an Eligible Purchase using the Gift Card or a combination of the Gift Card and their accumulated Likes.
13. RELATIONSHIP BETWEEN LIKES AND THIRD-PARTY PRODUCTS
Likes are only earned when you purchase an Eligible Product (i.e., Mango-branded product) and can only be redeemed to purchase Eligible Products. Likes are not earned and cannot be redeemed to purchase products from other brands.
If you purchase both Eligible Products and non-eligible products at the same time, you may redeem Likes only toward the purchase price of the Eligible Products or earn new Likes based only on the purchase price of the Eligible Products.
14. PROCEDURES FOR RETURNS AND/OR EXCHANGES OF PRODUCTS
Returns and exchanges must be made in accordance with our return/exchange policies. If you make a return or exchange of an Eligible Product for which you used Likes to make the original purchase or earned Likes at the time of purchase, MANGO will adjust the Likes in your account as follows:
- Any Likes earned for the original purchase of an Eligible Product being returned or exchanged will be deducted from the balance of Likes in the Participant’s account.
- If the Participant used Likes to pay a portion of the original purchase of the Eligible Product being returned or exchanged, those Likes will be returned to the Participant’s account and will retain the expiration period of one (1) year from the day of their initial accumulation. However, if these Likes have expired since the time of the original purchase, they will be forfeited.
- If, because of a return or exchange, the Participant does not have enough Likes in their account to maintain a positive balance, the Participant’s account will show a negative balance. The Participant may continue to accumulate Likes and will be able to enjoy the benefits of the Program once their balance becomes positive again.
- If the price of a returned or exchanged Eligible Product is reduced within 15 days after its purchase and the Participant requests reimbursement of the difference in price, the Participant will be reimbursed in the amount of the price difference and the Likes corresponding to the price reimbursement will be subtracted from the total Likes available for such purchase.
15. PARTICIPATION IN THE PROGRAM OUTSIDE THE US
US Participants will earn Likes on purchases they make in countries other than the USA if the other countries are within the Program Territory. They may also redeem Likes when making purchases in other countries if the other countries are within the Program Territory.
In countries other than USA, the Participant may earn Likes in accordance with the rules applicable to that country. For information about how the Program operates for Eligible Products purchased outside the USA, please ask in-Store staff, or check the website available for such country.
16. EFFECTIVE DATE, PROGRAM CHANGES, AND DURATION OF THE PROGRAM
The Program will become effective on 4<sup>th</sup> April 2024 and will have an indefinite duration.
MANGO reserves the right to cancel the Program or modify the Program Terms at any time as explained in Section 3. MANGO will notify Participants by posting on the Sites, by notice to Participants’ accounts, or by e-mail to their e-mail address registered with MANGO. If a modification will significantly impact Participants’ rights in a negative way, appropriate advance notice will be provided.
The modification or cancellation of the Program will not impact redemptions prior to the effective date specified in the notice.
The modification or cancellation of the Program will not entitle the Participant to any compensation.
17. WITHDRAWAL FROM THE PROGRAM
MANGO LIKES YOU is intended to be a program primarily for customers who maintain an online MANGO account. Consequently, Participants who withdraw from participation in the Program will also have their online account automatically cancelled. If your account is cancelled, you will only be able to shop online as a guest.
A participant who withdraws from the Program will lose all Likes remaining in their account without any possibility of recovering them later.
A Participant may cancel their participation in the Program, and consequently process their cancellation as a participant, via the following channels:
- By e-mail sent to personaldata@mango.com.
- On the website www.shop.mango.com, in the section My Data, which is accessible from the menu selection “My Account” once the Participant has logged on with their password.
If the Participant exercises their right to request deletion of their e-mail address or mobile telephone number, their participation in MANGO LIKES YOU will automatically be cancelled and, consequently, they will lose accumulated Likes, in addition to any other prior benefits they may have obtained with the accumulation of Likes. This is because MANGO relies on this information to verify a Participant’s identity before awarding Likes or processing the redemption of Likes for Eligible Purchases.
Similarly, if the Participant informs MANGO that their place of residence is located outside the Program Territory, their subscription to MANGO LIKES YOU will automatically be cancelled and, consequently, they will lose accumulated Likes, in addition to any other prior benefits they may have obtained with the accumulation of Likes.
18. PROCESSING OF PERSONAL DATA
For more information regarding how MANGO collects and processes personal data, please see our Privacy Policy-USA.
19. GOVERNING LAW
These Program Terms are governed by the laws of the State of Delaware without reference to choice of law principles.
20. LIMITATION ON DAMAGES AND LIABILITY
To the fullest extent permissible under applicable law, Mango is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability, or other theory arising out of or relating in any way, directly or indirectly, to your participation in the Program. This applies even if foreseeable or even if Mango has been advised of the possibility of such damages. Without limiting the foregoing, Mango is not responsible for (i) any loss or misdirection of, or delay in grants or redemptions of Likes or other Program benefits; (ii) theft or unauthorized redemption of Likes; or (ii) any errors made or published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, and errors in the adding, subtracting, crediting, and/or debiting of Likes to/from Participant accounts. Mango reserves the right to correct (with or without notice) any such errors.
21. MANDATORY ARBITRATION OF ALL DISPUTES; NO CLASS ACTIONS
MANDATORY ARBITRATION.EXCEPT AS PROVIDED HEREIN, YOU, AS A PARTICIPANT IN THE PROGRAM, AND MANGO (TOGETHER REFERRED TO AS THE “PARTIES”) AGREE (“ARBITRATION AGREEMENT”) THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE PROGRAM OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION AND SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS APPLICABLE ARBITRATION RULES AND APPLICABLE STATE LAW. YOU SHALL HAVE THE RIGHT TO AN IN-PERSON HEARING IN YOUR HOMETOWN AREA UNLESS THE PARTIES CONSENT IN WRITING TO A DIFFERENT LOCATION OR JAMS DETERMINES THAT TELEPHONIC PROCEEDINGS OR IN PERSON ARBITRATION IN ANOTHER LOCATION IS APPROPRIATE IN ACCORDANCE WITH CONSUMER ARBITRATION RULES AND/OR OTHER JAMS ARBITRATION RULES DETERMINED TO BE APPLICABLE BY JAMS (THE “JAMS RULES”) BEFORE ONE (1) ARBITRATOR. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND JUDGMENT UPON THE AWARD MAY BE ENTERED IN A COURT OF COMPETENT JURISDICTION IN ANY COURT WITH APPROPRIATE JURISDICTION.
NO CLASS ACTIONS.EXCEPT AS PROVIDED HEREIN ALL CLAIMS OR DISPUTES REGARDING THE PROGRAM SHALL BE RESOLVED BY MANDATORY AND BINDING ARBITRATION AND MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT MANGO’S EXPRESS WRITTEN CONSENT. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. YOU AND MANGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
Any disputes regarding this arbitration provision, including applicability, enforcement, validity, or interpretation, shall be resolved by the arbitrator. In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction in the State of Delaware. The allocation of costs between the parties shall be allocated in accordance with the JAMS Consumer Minimum Standards (the “Standards”). Unless prohibited by the Standards or JAMS Rules, each party will bear their own costs in connection with the arbitration.
Arbitration Rules and Governing Law: This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by JAMS in accordance with the Standards and other applicable JAMS Rules then in effect, except as modified here. The JAMS Rules are available at www.jamsadr.com/adr-rules-procedures/. The Standards are available here https://www.jamsadr.com/consumer-minimum-standards/. In order to initiate arbitration, a completed written demand (available at www.jamsadr.com/submit/) must be filed with the JAMS and provided to the other party, as specified in the JAMS rules. Pursuant to the Standards, the parties may exchange non-privileged information relevant to the dispute as part of the arbitration.
Fees and Costs of Arbitration: Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules and, where appropriate, limited by the Standards. If such costs are determined by the arbitrator to be excessive, the arbitrator may determine an appropriate allocation of fees between the parties. Except as permitted by applicable law, either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.
Exceptions to the Arbitration Provision: You and Mango each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) any claim for the remedy of public injunctive relief. You and Mango agree that, if applicable, the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. Notwithstanding the provisions above, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.
Selection of Arbitrator. If the parties cannot agree on an arbitrator within thirty (30) business days of the date of the written request for arbitration, the arbitration will proceed before an arbitrator selected by JAMS.
To initiate arbitrations on proceedings in circumstances where the parties cannot agree on an arbitrator, the party initiating the arbitration request shall first notify the other party in writing that no agreement can be reached on the selection, and then that party shall submit a request to JAMS requesting the appointment of an arbitrator. The designated arbitrator shall have experience and expertise in the subject matter of the dispute.