BlackOvis Full Curl Rewards Loyalty Program
Terms and Conditions
Who is Eligible
The Program is open to individuals who are residents of the United States and are at least eighteen (18) years old. We reserve the right to request proof of eligibility at any time. Individuals may only have one Membership to the Program. Camofire and BlackOvis employees are not eligible to join the Full Curl Rewards Program. By signing up for the Program, you agree that you are over the age of 18 and agree to be bound by these terms and conditions.
How to Register
To register, visit https://www.blackovis.com/rewards, and follow the instructions to create a Program account (your “Account”). There is a limit of one (1) Account per person and Accounts cannot be shared or transferred. To register, provide your first name, last name, and email address, and opt-in to receive marketing emails from BlackOvis.
How to Earn Points
Members of the Program can earn reward points on qualifying merchandise on BlackOvis.com. For every one dollar ($1) spent on merchandise by the member earns one (1) point towards their rewards. Depending on the tier of the member they qualify for they can earn a variable amount of points per dollar spent. The “The Fold” bronze level tier member earns one point for every one dollar ($1) spent, the “Bighorn” silver level tier member earns 1.5 points for every one dollar ($1) spent, and the “Full Curl” gold level tier member earns 2 points for every one dollar ($1) spent. Members do not earn points for merchandise on sale, on gift cards, for purchases made with Reward points and merchandise from the following brands which are subject to change: Swarovski and other brands that choose not to participate in the Full Curl Rewards program.
Members can also earn points in the Program through writing product reviews on BlackOvis.com, creating a Rewards account, and following BlackOvis on social media account.
Points will normally be added to your Account within 1 day of the day you earned them. You are responsible for ensuring that the Point balance in your Account is correct. If you believe that you did not receive Points or that there is some other error in your Account, you must contact us by email at [email protected] within 10 days of the date you expected to earn the Points. We will investigate any issues, but Camofire good faith determination of the amount of Points you should have shall be final and binding.
How to Redeem Points
Points will be automatically deducted from the Points balance on your Account within one day of redemption. Redemptions of Points are final, so once you redeem Points, the transaction cannot be reversed and you cannot get a refund of your Points. To redeem, a member must be a registered user of the website and have their BlackOvis account linked with the Full Curl Rewards program.
Points can be redeemed in 200 point increments. For example, when the member reaches 200 points, they earn a $10 off coupon for BlackOvis.com.
Expiration of Points
All unredeemed Points will automatically expire 12 months after points are earned by the member.
Modifications and Termination
We reserve the right to modify any of the terms and conditions governing the Program at any time –including, but not limited to, the ways to earn Points, the number of Points you can earn, the rules for redeeming Points, the Rewards Items for which you can redeem Points and the corresponding Point values, and the expiration of Points – with or without notice, even though these changes may affect your ability to receive earn or redeem Points. Unless we tell you otherwise, modifications are effective immediately upon posting of the updated Terms. We also reserve the right to suspend or terminate the Program (in part or in its entirety) at any time, for any reason. If we do terminate the Program, we will notify you by email.
Your continued participation in the Program constitutes your acceptance of any changes we make to these Terms. You are responsible for remaining knowledgeable about any changes we may make to these Terms. The most current version of the Terms will be available on blackovis.com/terms-conditions and will supersede all previous versions of the Terms.
If you don’t agree to any change we make, or at any point you decide that you no longer want to participate in the program, you can terminate your Account following the instructions in Section 7. Please note that if we do that, you will not be able to use any of the Points or other benefits you have accumulated.
How to Opt Out
If you no longer wish to participate in the Program, email us at [email protected]. If you opt-out, you will lose all of the Points in your Account.
If we suspect that you have failed to comply with these Terms, no longer meet the eligibility requirements, engaged in fraudulent or inappropriate activity, or otherwise attempted to manipulate or unfairly benefit from the Program, as we determine, in our sole discretion, we reserve the right to terminate your Account, prohibit you from participating in the Program, and take appropriate legal action. If we terminate your Account, you will not be able to use any of the Points or other benefits you have accumulated.
By participating in the Program, you agree to release and hold Camofire, its parent, subsidiary, and affiliate entities, and their respective officers, directors, employees, and agents, and their service providers and contractors harmless from and against any claim or cause of action arising out of participation in the Program, including, but not limited to any technical errors that may prevent you from participating in the Program, earning Points, or redeeming Points.
By participating in the Program, you agree to receive messages about the Program. If we need to communicate with you about the Program, we’ll send a message to the email address associated with your Account. If your email address changes after you register for the Program, you are responsible for promptly updating your Account.
Points have no cash value, are issued for promotional purposes only, are non-transferable, cannot be bartered, exchanged, or redeemed for cash, do not constitute your property, may not be combined with Points in other Accounts, and may not be transferred or assigned to any other person, entity, trust, or estate.
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court. For purposes of this Section (Dispute Resolution), “Camofire” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CAMOFIRE WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If you and Camofire have a Dispute (defined below) and our customer service team is unable to resolve your concern, you and Camofire agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. If you intend to initiate an arbitration proceeding, you must first send a verified Notice to Camofire that describes the Dispute. The Notice must include your name and contact information (address, telephone number, and email address), sufficient information to enable Camofire to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought, with a detailed calculation. The Notice shall be sent by email to: [email protected] or by mail to: 2291 S Commerce Center Dr Ste 100 West Valley City, UT 84120. You must personally sign the Notice. If requested by Camofire, you must personally appear at and participate in a telephone settlement conference (if you are represented by counsel, your counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or Camofire may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If you commence an arbitration without providing Notice and completing the informal dispute resolution process, you will be responsible for any filing fees or other costs incurred in connection with such arbitration. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and Camofire will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and Camofire, your access or use of your Account, the Program, our Site or any products or services offered by or purchased from Camofire, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. This arbitration provision shall survive termination of this agreement. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH CAMOFIRE IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.
We agree that the arbitration will be administered by the American Arbitration Association (“AAA”), adr.org. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court that will administer arbitrations consistent with this Dispute Resolution section.). To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: 2291 S Commerce Center Dr Ste 100 West Valley City, UT 84120, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed. Notwithstanding anything to the contrary, Camofire will pay all fees and costs that we are required by law to pay.
AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against Camofire by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Camofire shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Camofire.
Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, we agree that if Camofire makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.
Applicable Law and Venue
The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on our Site, through the Program or your Account), shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Utah, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Program or your Account, including all disputes, will be governed by the laws of the United States and by the laws of the State of Utah.
Any action relating to the use of the Site or any transaction with Camofire must be brought in the state or federal courts located in Salt Lake City, Utah, for any lawsuit or court proceeding permitted under these Terms. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If you have any questions about the Program, please check our FAQ, and you may find an answer there. Otherwise, you can contact us via email at [email protected].