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What are the adiClub terms and conditions?


Terms & Conditions

adiClub

Last Updated: April 20, 2023

                                                                                                                                                                                                                                                                              

Welcome to adiClub (the “Club”).  The Club includes a membership program and a subscription to the adidas running and training apps as further set out below.  The Club is organized by adidas America, Inc., with offices located at 5055 N. Greeley Ave., Portland, OR 97218 (“adidas,” “we,” or “us”). When we refer to "you" or "your" we mean you, the person accessing these terms and conditions (the “Terms”). These Terms govern your participation in the Club and by participating in the Club, you agree to be bound by these Terms.  By joining the Club you also agree to be bound by our eCom terms and conditions, accessible here ("eCom Terms and Conditions").

We have recently changed our voucher terms. These changes are highlighted below in bold.

Please read these Terms carefully.

1.     ELIGIBILITY

To participate in the Club, you must be at least 13 years old and a legal resident of the United States of America.  If you are at least 13, but less than 18 years old (or the age of majority in your location), you must also have the consent of your parent or guardian before enrolling in the Club and your parent or guardian must read and agree to these Terms.  By enrolling and participating in the Club, you confirm that you meet these eligibility requirements. 

For a high-level summary of how to join the Club, how to earn points, available rewards, and how to redeem the rewards, please visit here.  You may also visit our FAQ section on the Club by clicking here. For more details, please keep reading below.

2.     JOINING THE CLUB

If you meet the eligibility criteria above, you can join the Club by clicking the “join adiClub” link on the top right of our site and filling out the registration form, on the adidas mobile apps or in adidas retail stores. No purchase of any products is required to join the Club. Only one account is allowed per individual. If you join the Club, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form.

3.     EARNING POINTS

As a member of the Club, you will be entitled to earn membership level points (“Level Points”) and points to spend (“Points to Spend”) (together, the “Points”).

You will earn Points for purchases (except whilst using or purchasing gift cards) that you make on the US version of our official website here (the "Website"), the US version of our official mobile applications: the adidas App or the Confirmed App (together, the "App") or in participating adidas retail stores in the United States of America, as set forth in Annex A to these Terms (the "Stores") (together, the "Eligible Channels"). For every $1 spent you will earn 10 Level Points and 10 Points to Spend.

Purchases include purchases of regular and sale-priced merchandise. Purchases at stores other than the Eligible Channels will not qualify for Points (even if you purchase adidas products). If you return purchased items, the Points earned by those items will be deducted from your Point's total.

In addition to earning Points for purchases, you can also earn Points for certain interactions with us. The number of Points available will be as set out here. These include but are not limited to:

·       Welcome bonus: When you first successfully register as a member of the Club, we will automatically credit your account with Points to thank you for joining.

·       Profile bonus: If you submit a complete profile on the App or Website then you will be awarded additional Points. This profile bonus can only be earned once. Subsequent changes to your profile will not be awarded Points, unless explicitly stated by us at that time.

·       Product reviews: You can earn Points by posting a review of adidas products on the Website or App. You hereby consent to your product reviews being publicly viewable. You may only be awarded Points for a maximum of 10 reviews per calendar year. For the avoidance of doubt, you are free to determine the content of your review provided that you comply with Customer Ratings and Reviews terms and conditions presented to you when submitting your review.

·       Birthday bonus: You may be eligible for bonus Points on your birthday based on your level. This will be automatically credited to your membership account. Birthday bonus Points will be awarded only once during a calendar year.

From time to time, we, in our sole discretion, may change, discontinue, or add interactions where you can earn points and change the number of points earned, with or without prior notification to you.

You must provide your adidas membership identification (email address or membership ID) in the Stores, or be logged into your adidas account on the Website or App to receive the eligible Points for your purchases or interactions. In the event you are unable to receive eligible Points due to not being logged in or your identification not being accepted as proof, you may contact the adidas customer services team by email at customerservice@shopadidas.com or by phone at 1-800-982-9337 with the required proof to redeem the Points for your purchases or interactions.

Existing adidas account holders can start earning Points from the day they have been migrated to the Club. However, no prior transactions or interactions will be eligible for Points. New members will start earning Points from the date they register for the Club, however, no prior transactions or interactions will be eligible for Points save that when you have provided your email address (for the purpose of being contacted in relation to Club membership) in our Stores whilst making a purchase and you subsequently join the Club, we shall award you the Points for that purchase to your Club membership. Membership start dates for the Club may vary for members depending on their account type.

You will only be entitled to accumulate a maximum of 100,000 Points to Spend (the “Limit”). If you reach the Limit but engage in an activity that should earn you Points to Spend, we will add 0 Points to Spend to your account, however, this will reset the 365-day expiry period (as set out below in the EXPIRATION OF POINTS Clause).

4.     EXPIRATION OF POINTS

Level Points

Level Points will remain valid for 12 months. This period will always finish at the end of the month. If you earned Level Points on June 9, 2019, they will expire on June 30, 2020, unless adidas explicitly states otherwise. Level Points cannot be transferred between members. Level Points have no cash value and cannot be exchanged for cash.

Points to Spend

To reward our most loyal members, there will be more adiClub benefits for those who earn points on a regular basis. Points to Spend will expire, on a rolling basis and at the end of the Calendar month, 12 months after your last purchase or activity that earned you Points to Spend. But because all good things must come to an end, any Points to Spend can only be retained for a maximum period of 36 months - at the end of the month - before they expire automatically. Please note that neither a purchase later fully returned nor the birthday bonus will extend the expiration of your Points to Spend.

Example: If you earned Points to Spend on 1 January 2022 and 10 January 2022, all your Points to Spend will be saved until the end of January 2023. However, if you made a purchase on 21 June 2022 and earned some more Points to Spend, all your Points to Spend will be available for 12 months after that purchase until the end of June 2023. The Points to Spend earned in January 2022 will in any case not be available anymore after the end of January 2025.

Points to spend cannot be transferred between members. Points to spend cannot be exchanged for cash.

5.     CLUB LEVELS

The Club has four separate levels. You can move up through the different levels by earning Level Points.

Level 1 is the entry level for members with 0–999 Level Points. You just need to register for the Club to be part of this level, and no purchase of any products is required.

Level 2 is for members with 1,000–3,999 Level Points.

Level 3 is for members with 4,000–11,999 Level Points.

Level 4 is for members with 12,000 Level Points or more.

You can climb to the higher levels by accumulating the number ofLevel Points mentioned above within12 months of the end of the month of registration or current level entry (the “Membership Year”). At higher levels, you can access even greater benefits. If level upgrades are achieved by acquiring Level Points through purchases of our products, we reserve the right to delay this upgrade for a period that is equal to the applicable return period for the purchased product(s). 

You must meet the requalification requirements at the end of your membership year in order to remain at your current level. If not, you will be downgraded to the level below. Returns can cause you to drop down multiple levels. For example, if you return an order or product, the Level Points earned will be deducted, which could cause you to drop by that number of Level Points.

6.      LEVEL REQUALIFICATION

If you are in levels 2, 3, or 4 and you do not earn enough Level Points during the current requalification period, you will be downgraded to the next level down, regardless of the number of qualification Level Points you have accumulated by this date.

The requalification period starts on the date you reached a new level and ends 12 months later, always at the end of the month. The number of Level Points you need in order to requalify for your current level is equal to the minimum Level Point balance needed to enter that level.

Level Points earned after your last level entry will count towards requalification Level Points. The new requalification period will start on the exact date of that level upgrade and end 12 months later at the end of the month. After a level upgrade, your requalification Level Points will be set to 0.

If you do not earn enough Level Points for your level during the requalification period, you will be downgraded. The downgrade will take place after the last day of the requalification period, which is always at the end of the month.

If you are downgraded, your new requalification period will start on the exact date of your downgrade and end 12 months later at the end of the month, unless you upgrade during this period. After a level downgrade, your requalification Level Points will be set to 0. If a member does not earn enough Level Points for their level within the requalification period, they will be downgraded. The downgrade will take place after the last day of the requalification period, which is always at the end of the month.

7.     REWARDS – LEVEL POINTS

Entry and progress through each of the above-mentioned levels will unlock a set of new rewards for members as set out here.

You will have access to the rewards in your current level and the levels below them. For example, a level 3 member will have access to the rewards from level 3 as well as level 2 and level 1 (except for the lower levels’ entry discount vouchers).

Certain rewards will be conditional upon you agreeing to separate terms and conditions applicable to that reward which will be made available to you when redeeming that reward. In addition, the following terms and conditions apply to the following specific rewards:

·       Discount Vouchers: These are single-use discount vouchers that are unlocked when you enter a new level. These will have limited validity periods and maximum discount values of which details will be communicated to you on receipt of the discount vouchers. Certain product exclusions may apply. These discount vouchers may not be combined with other promotions or discounts.

·       Early access to product launches: You will get early access to certain adidas product launches. These will exclude Hype product launches and is subject to pre-allocated stock availability for members.

·       Free subscription to the adidas running and adidas training apps: available from entry into the Club and subject to acceptance of any applicable terms of use.

·       Premium subscription to the adidas running and adidas training apps: You will get a subscription to Runtastic Premium for the term indicated for your level, subject to acceptance of any applicable premium membership terms. For the avoidance of doubt, the subscription may be revoked if when returning an order this results in a level downgrade.

·       Free personalization: This reward entitles you to personalize your products from the Eligible Channels for free. This is capped to a maximum of 10 product personalization requests per membership year.

·       Hype priority access: You will get priority access to Hype product launches. However, this does not guarantee that you will get the Hype product if you participate. This reward depends on the availability of Hype product launches.

·       Early access to sales: You may receive early access to certain sales that we make available. The duration of early access may vary between sales and could also depend on which level you are in at the time of the sale. Our standard terms and conditions for sales will also apply.

Specific rewards (whether products or experiences) are available while supplies last and may be subject to change, discontinuance, limitations, and substitutions by us, at its discretion and at any time without notice.

8.     USE OF POINTS TO SPEND

Points to Spend can be redeemed in a variety of ways, including but not limited to:

a. Vouchers

You will be entitled to redeem your Points to Spend to get a voucher (e.g. a 20% off voucher) (“Voucher”). The Voucher may then be used to make an order on the App, on the Website, or in the Stores. Every 90 days and per membership account, you can use your points to get up to one voucher of every type, each providing a different discount percentage. The Voucher cannot be used to purchase gift cards or certain products and are only valid for 60 days. See product description pages for details. Additional exclusions may apply, and any additional terms and conditions will be presented to you when making a purchase.

You can only use one Voucher at any one time when making a purchase, and it cannot be combined with any other vouchers or discount codes or be applied to discounted items. The Voucher will only apply to the product price and will not apply to any delivery costs.

No Voucher can be exchanged, transferred, or redeemed for cash or Points to Spend. You may only use a Voucher for personal, non-commercial use and must not sell any Voucher. Vouchers may not be used in sales or promotional activities, including as giveaways or prizes in competitions. We reserve the right to cancel any Voucher that we suspect has been resold or obtained in connection with an unauthorized sales or promotional activity.

If you return any products that you have purchased online using a Voucher, you will not be entitled to a refund of Points to Spend but provided you have returned all of the products purchased using the Voucher, you will be entitled to speak to a member of the adidas customer services team to request a new Voucher (details on contacting the customer services team are set out below in the CONTACTING US Clause).

b. Money can’t buy products (“MCBP”)

You will be entitled to use your Points to Spend to purchase MCBP and any such purchase will be subject to our eCom Terms and Conditions and any additional terms presented to you when making a purchase.

For the avoidance of doubt, if you return any MCBP in accordance with the eCom Terms and Conditions and are entitled to a reimbursement of your Points to Spend, this will be subject to the Limit as set out above in the EARNING POINTS Clause (for example, if you return a MCBP that you purchased for 500 Points to Spend but have 99,990 Points to Spend at the time of the reimbursement, we will reimburse you 10 Points to Spend).

c. Raffles

You will be entitled to use your Points to Spend to participate in raffles. These will be subject to you agreeing to separate terms and conditions applicable to each raffle.

If you withdraw from a raffle prior to the conclusion of the raffle, you will be entitled to a refund of Points to Spend.

d. Good causes

When made available to you, you will be entitled to use your Points to Spend to make a contribution to a good cause as further set out in the Club. Any additional terms and conditions will be presented to you prior to making a contribution.

9.          USE OF ACCOUNT

You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your password or account. The Club is for your personal use only. You must not share your adidas membership identification and/or password or in any way make them accessible to others. You must immediately inform the adidas customer services team (details set out below in the CONTACTING US Clause) of any unauthorized use of your password or account or any other breach of security.

You agree that you shall not:

·       access, use, reproduce, modify, download, sell, transfer, publish or otherwise make available your membership of the Club for any commercial purposes;

·       do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Club;

·       abuse your membership of the Club or use it for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through your account or using your account in a manner which is discriminatory, offensive, abusive, malicious, defamatory, or other violates or infringes the rights of anyone else); and

·       transfer, sale, or barter (or attempt to transfer, sale, or barter) any of your rewards or member-exclusive promotional offers.

10.     TERMINATION; EXPIRATION; CHANGES TO THE CLUB

You may cancel your Club membership at any time by logging in to your account on the Website or App

We may cancel your Club membership at any time if we determine that you (a) are ineligible in accordance with the ELIGIBILITY Clause above, (b) have violated any of these Terms, any of the eCom Terms and Conditions, any applicable product terms of sale or any applicable law or regulation, or (c) engaged in any deception, forgery, fraud or committed any other abuse of the Club. 

We reserve the right to revoke some or all of your Points or rewards if we determine that you received Points or a reward due to an error, through fraud or deception, or in any manner not authorized.

If you or we cancel your Club membership, you will lose all your accumulated Points.  If you cancel your membership, you may choose to rejoin the Club by registering on the Website or the App.  When restarting your Club membership, your previously-earned Points will not continue to your new Club membership.

We may make minor changes to the Club and/or these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms, we add new rewards, add possibilities to earn Points, modify Club functionalities or modify the technical environment). Please check these Terms regularly to ensure that you understand the up-to-date terms that apply in relation to your membership of the Club. 

For any significant changes to these Terms that will materially adversely impact you or if we choose to discontinue the Club then we shall provide you with prior written notice.

11. PRIVACY

The information you provide as a member of the Club will be managed by adidas as described in adidas’ Privacy Policy.  By becoming a member of the Club, you consent to receive marketing, promotions, special events, and other communications from adidas, its affiliates, and brands.  You may unsubscribe from marketing communications at any time.  For information on how to do so, please visit our Privacy Policy.

12. DISCLAIMER AND LIMITATION OF LIABILITY

THE CLUB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADIDAS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE CLUB (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE).  
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADIDAS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE CLUB, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADIDAS’ TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS AND THE CLUB, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED $100.  

13. GOVERNING LAW AND JURISDICTION

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE TERMS OR THE RIGHTS AND OBLIGATIONS OF YOU OR ADIDAS IN CONNECTION WITH THE CLUB SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF OREGON WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.  FOR THE PURPOSES OF ANY DISPUTES HEREUNDER AND SUBJECT TO THE AGREEMENT TO ARBITRATE BELOW, BY ENROLLING OR PARTICIPATING IN THE CLUB, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE CLUB SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN MULTNOMAH COUNTY, OREGON.

14. DISPUTE RESOLUTION - ARBITRATION AGREEMENT, JURY TRIAL WAIVER AND CLASS ACTION WAIVER

By enrolling in and participating in the Club, you agree that all disputes you may have with, or claims you may have against adidas or its affiliates arising out of or connected in any way with (a) the Club, (b) these Terms, or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration.
You and adidas intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.  

All Claims must be resolved through individual (non-class) arbitration. You and adidas waive any rights to maintain other available resolution processes for Claims, such as a court action or administrative proceeding, to settle disputes. You and adidas waive any right to a jury trial for Claims.  
Instead of suing in court, we each agree to settle Claims only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would.
Any Claims will be determined by arbitration in Oregon before one arbitrator. The arbitration will be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.  If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties. 

You agree that you will not file a class action or private attorney general action against adidas or any of its affiliated companies or participate in a class action against adidas or any of its affiliated companies, in any Claim. You agree that you will not file or seek a class arbitration or participate in a class arbitration against adidas and its affiliated companies, in any Claim.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies.  You and adidas also have the right to bring qualifying claims in small claims court.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, adidas will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

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 OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN APPLICABLE ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR ADIDAS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.   If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with adidas.

15.  MISCELLANEOUS

Each of the clauses of these 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.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16. CONTACTING US

Should you have any questions about these Terms or the Club or have any reasons for a complaint you can contact our customer services team by email at customerservice@shopadidas.com or by phone at 1-800-982-9337.

PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE ADIDAS WEBSITE OR APP FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

Last Updated: May 2022.

Annex A – Participating Retail Stores

All stand-alone adidas stores in the United States (excluding territories), including employee stores and outlet stores.

 

 

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