Last updated December 15, 2020

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE M·A·C LOVER LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

1. MEMBERSHIP ELIGIBILITY AND OVERVIEW

1.1. The M·A·C Lover Loyalty Program (“Program”) is offered at the sole discretion of Estee Lauder Cosmetics Ltd. d/b/a Make-up Art Cosmetics Inc. (“M·A·C Cosmetics,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of Canada and at least the age of majority in their jurisdiction of residence and who provide and maintain a valid email address are eligible to become members. This Program is available to individuals who are legal residents of Canada (including its territories and possessions) and at least at least the age of majority in their jurisdiction of residence and who provide and maintain a valid email address are eligible to become members.. Employees of M·A·C Cosmetics and M·A·C PRO members are not eligible to participate in the Program. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose.

1.2. By joining the Program and becoming a Program member you ( “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and our website TERMS AND CONDITIONS, which are incorporated herein by reference. If you do not agree to these Terms, our website Privacy Policy, and our website TERMS AND CONDITIONS, you cannot participate in the Program. The Program is void where prohibited by law.

1.3. The M·A·C Lover Program is only available in M·A·C Cosmetics owned and operated stores in Canada and on maccosmetics.ca within Canada.

2. PROGRAM ENROLLMENT

2.1. Eligible individuals may enroll in the Program through one of the following options:

2.1.1.Visit WWW.MACCOSMETICS.CA/ACCOUNT/MAC-LOVER.TMPL (collectively, the “Site”) and follow the Program prompts to register for the Program;

2.1.2. Visit a M·A·C Cosmetics owned and operated retail store in Canada and tell a store associate you would like to register for the Program.

2.2. You are required to provide your full name, email address, and postal or postal code in order to enroll. If you enroll at the Site, you must also create a password in order to enroll and agree to the M·A·C Lover Terms and Conditions. In order to access certain Program benefits and rewards, you will need to provide us with your birthday (day and month), but birthday is not mandatory for Program enrollment. You will also have the opportunity to provide us with your mobile phone number and mailing address, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.

2.3. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

3. HOW THE PROGRAM WORKS AND PROGRAM BENEFITS

3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to earn points and also unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. You will receive 1 point for every CAD $1 spent on qualifying purchases in a M·A·C Cosmetics owned and operated store in Canada or at maccosmetics.ca and in addition to these purchases, we may offer more ways to earn and/or accelerate your points from time to time. Eligible purchases and other opportunities to unlock Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in-store, in marketing emails, social media, etc.). Once you have accumulated points and/or unlock a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier and/or based on the total number of points you have accumulated in a calendar year, which benefits may change from time to time and may be offered on a limited basis. Visit our FAQs for a current list of available benefits.

3.2. The Program is a tier-based program determined by the amount a member has spent on qualifying purchases within a single calendar year. There are 3 tiers with associated benefits – Lover, Devoted and Obsessed. Program tiers are based on your qualifying purchases at M·A·C Cosmetics owned and operated retail stores in Canada and the Site, during a calendar year. When you join, you’ll automatically be placed in Tier 1, Lover and be eligible for all the benefits Lover members receive. Purchases of CAD $150 or more in a calendar year are required to advance to the Devoted tier and qualify for Devoted benefits. Purchases of CAD $500 or more in a calendar year are required to advance to the Obsessed tier and qualify for Obsessed benefits. Each year on January 1, your M·A·C Lover spend and points resets to zero. While your spending resets each calendar year, your tier status is determined by the amount you spent on qualifying purchases in the prior calendar year of membership. Your status in a particular tier is good for the calendar year in which you qualify for that tier and the following full calendar year (Jan. 1 to Dec. 31). After that, you’ll need to spend enough on qualified purchases to qualify for that tier each year. For example, if you qualify for Tier 2, Devoted, during your first year, you’ll maintain Devoted status during your second year. But, if you spend less than CAD $150 on qualifying purchases during your second year, you’ll drop back down to Tier 1, Lover status in January. For the year in which you enroll in the Program, tiers are based on your calendar year spend on qualifying purchases, commencing on the first date after your enrollment when you make a qualifying purchase using your registered email address, and ending on December 31 of that calendar year. For example, if you enrolled in the program on February 1, 2021 and made your first qualifying purchase using your registered email address on February 15, 2021, your Tier for 2022 will be based on your spend on qualifying products and services between February 15, 2021 and December 31, 2021. After the first year, your points and tiers are based on a calendar year (Jan. 1 to Dec. 31) spend on qualifying products and services.

3.3. For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase by logging into your account on the Site or by providing your registered email address in a M·A·C Cosmetics owned and operated store in Canada. To earn rewards and benefits, your purchase must be made on qualifying M·A·C products and services. Qualifying purchases include regular priced merchandise and services, and exclude gift cards, applicable taxes, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, charitable products where funds are donated to M·A·C Viva Glam Fund or any other charitable organization, value sets, select premium products and services, and other specified products.

3.4. Neither accounts nor rewards may be shared or combined. Only the member paying for the products may accumulate benefits and rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.

3.5. Benefits and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program account will be reversed if the purchase is returned or if the balance is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member.

3.6. We reserve the right to change Program benefits, how you unlock each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.

3.7. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact M·A·C Cosmetics Customer Service at MAConlineService@maccosmetics.ca. Your email must specify your name, address, phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.

3.8. Rewards can only be redeemed in M·A·C Cosmetics owned and operated stores in Canada, and/or on the Site, depending on the reward. Purchases made in department stores, specialty stores, stores not solely owned and operated by M·A·C Cosmetics, and M·A·C Cosmetics retail stores outside of Canada are not eligible for the Program.

3.9. Rewards cannot be exchanged or returned for another product or service, or a monetary refund.

3.10. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.

4. MARKETING EMAILS

4.1. When you sign-up to be a member of the Program, you will receive M·A·C Lover marketing emails containing member-only benefits and offers (including a complimentary birthday gift).

4.2If you do not wish to receive these M·A·C Lover marketing emails, you can manage your email preferences in your M·A·C Cosmetics account profile online or unsubscribe using the link at the bottom of each M·A·C Lover marketing emails.

4.3 If you opt out of receiving M·A·C Lover marketing emails, you will continue to receive M∙A∙C Lover transactional emails. These are sent a few times a year to notify you of your points balance or loyalty membership changes. If you decide to opt-out of the M∙A∙C Lover Program, you will no longer receive M∙A∙C Lover transactional emails.

5. TERMINATION AND MODIFICATION

5.1. The Program and its benefits are offered at our sole discretion. Except where prohibited by law (which may include Quebec), we may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.

5.2. We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any abuse of the Program, failure to follow any Terms, membership inactivity for more than 24 months, illegal activity, fraud, misrepresentation or other conduct detrimental to us or our interests may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any points, rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.

5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on the website or by informing an Artist at any M·A·C Cosmetics owned and operated retail store in Canada.

6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

6.1. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.

6.2. NEITHER M·A·C COSMETICS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

6.3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER M·A·C COSMETICS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT DEFECTS OR ERRORS WILL BE CORRECTED.

6.4. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER M·A·C COSMETICS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

6.5. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

7. INDEMNIFICATION

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program or your breach of any of these Terms.

8. GOVERNING LAW AND DISPUTES

Unless the laws of your jurisdiction require that those laws apply (such as in Quebec), this Program and these Terms will be governed by and construed under the substantive laws of the province of Ontario and the laws of Canada applicable therein.

9. PRIVACY

We value your privacy. The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership will be used and disclosed by us for the purpose of the administration of the Program, marketing in connection with the Program, sending other marketing emails or text messages that you have opted-in to receive, and/or for providing you with services requested through our Site, internal analysis for marketing purposes, and as otherwise permitted by our Privacy Policy.

10. CONTACT US

For information about the Program and your membership, contact 1.800.387.6707, which can be accessed in Canada, or email MAConlineService@maccosmetics.ca. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.