What are the Creators Club terms and conditions?

adidas Creators Club
Terms and Conditions

Welcome to the adidas membership program, the Creators Club (the “Club”). The Creators Club is organized by adidas America, Inc. (“adidas,” “we,” or “us”) and these Terms and Conditions (the “Terms”) govern your participation in the Club. Please read these Terms carefully. By participating in the Club, you agree to be bound by these Terms.

ELIGIBILITY

To participate in the Club, you must be at least 13 years old and a legal resident of the United States. 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 represent 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 the Club page. You may also visit our FAQ section on the membership program by clicking here. For more details, please keep reading below.

JOINING THE CLUB

If you meet the eligibility criteria above, you can join the Club by filling out a registration form on www.adidas.com, on the adidas mobile app or in adidas retail stores. No purchase is required to enroll into 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.

EARNING POINTS

As a member of the Club, you will earn Points for purchases (except gift cards) that you make on www.adidas.com/US, the US adidas mobile app or in adidas retail stores in the US. Purchases include purchases of regular and sale priced merchandise. Purchases at stores other than adidas stores in the US will not qualify for Points (even if you purchase adidas products). If a member returns purchased items, the Points earned by those items will be deducted from the member’s Point total. In addition to earning Points for purchases, members can also earn Points for certain interactions with us. 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: Members who submit their complete profile on the mobile app or website will earn additional Points. This profile bonus can only be earned once. Subsequent changes to your profile will not be awarded Points, unless explicitly stated by adidas at that time.
Product reviews: Members can earn Points by posting a review of adidas products on our website or app. Members must include #membershippoints in the body of their review. If members don't include that hashtag in their review, they may forfeit the corresponding points coming from that review. Members here by consent to their product reviews being publicly viewable. A member can only submit a maximum of 10 reviews per calendar year for Point credit.
Birthday bonus: Members will be eligible for bonus Points on their birthday, which will be automatically credited to their membership account. Birthday bonus Points will be awarded only once during a calendar year.

From time to time, adidas, in its sole discretion, may change, discontinue, or add the interactions where members can earn Points and the number of Points earned, with or without prior notification to members.
Members must provide their adidas membership identification (email address or membership ID) in stores or be logged into their adidas account on the website or app to receive the eligible Points for their actions. adidas reserves the right to retrospectively credit Points for interactions where the member was not logged in, provided sufficient proof is made available to Customer Service.
Existing adidas account holders can start earning Points from the day they have been migrated to the Club, and normally no prior transactions or interactions will be eligible for Points. New members will earn Points from the date they register for the Club, and normally no prior transactions or interactions will be eligible for Points. Membership start dates for the Club may vary for members depending on their account type.

EXPIRATION OF POINTS

Creators Club points will remain valid for 12 months. This period will always finish at the end of the month. If a member earned points on June 9, 2019, they will expire on June 30, 2020, unless adidas explicitly states otherwise. Points are not transferable between members. Points have no cash value and cannot be exchanged for cash.

CLUB TIERS

The Club has four separate tiers. Starting at the entry level Challenger, members can progress through the different tiers by earning points. It is possible to become a Challenger by simply joining Creators Club. No purchase is required.

Members can climb to the higher tiers of Playmaker, Gamechanger and Icon, by accumulating the required number of points mentioned on the Club page within 12 months at the end of the month of registration or current tier entry (the “Membership Year”). At higher tiers (e.g Playmaker, Gamechanger and Icon) members can access even greater benefits. Certain tier upgrades will take 30 days from the time a members earns the qualifying points to take effect.

Members must meet the requalification requirements at the end of their membership year in order to remain at their current tier. If not, members will be downgraded to the tier below. Returns can cause members to drop down multiple tiers. For example, if a member returns an order / a product, the points earned will be deducted, which could cause a member to drop by the corresponding number of points.

TIER REQUALIFICATION

If members are at Playmaker, Gamechanger or Icon tier and they do not earn enough points during the current requalification period, they will be downgraded. The corresponding tier to which members will be downgraded is the next lower tier, irrespective of the number of qualification points that the respective member has accumulated by this date.
The requalification period starts on the date a member reached a new tier and ends 12 months later, always at the end of the month. The number of points required for a member to requalify for their current tier is equal to the minimum point balance needed to enter that tier.

Points earned after a members last tier entry will accumulate towards requalification points. The new requalification period will start with the exact date of that tier upgrade and end 12 months later at the end of the month. After a tier upgrade a members requalification points will be set to 0.

REWARDS

Entry and progress through each of the above-mentioned tiers will unlock a set of new rewards for members. When a member enters a higher tier, they will receive a one-time tier-specific discount voucher for that new tier that is good for 60 days. Members will have access to the rewards in their current tier and the tiers below them. For example, a Game-Changer will have access to the rewards from the Game-Changer tier as well as Playmaker and Creator tiers (except for the lower tiers’ entry discount vouchers).
For a full list of rewards members can enjoy in each tier, please click here.]
The following terms and conditions apply to the specific rewards listed for members in the relevant tiers when and if earned and used by you.

Discount Vouchers: These are single-use discount vouchers that are unlocked when members enter a new tier. These vouchers are valid for 60 days and certain product exclusions may apply. These discount vouchers may not be combined with other promotions or discounts.
Premium customization: Members will be able to customize select exclusive shoe models. This is subject to availability.
Early access to product launches: Members will get early access to certain adidas product launches. These will exclude Hype and other waiting room product launches and is subject to pre-allocated stock availability for members.
Runtastic premium subscription: Members will get a 1-year subscription to Runtastic Premium. However, the subscription may be revoked if a returned order by a member results in a tier downgrade.
Free personalization: This reward entitles members to personalize their products for free. This is capped to a maximum of 10 product personalization requests per membership year.
Hype priority access: Members will get priority access to Hype product launches. However, this does not guarantee that the member will get the Hype product if they participate. This reward is subject to availability of Hype drops and stock.

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

USE OF ACCOUNT

Members are responsible for maintaining the confidentiality of their password and account and are fully responsible for any and all activities that occur under their password or account. Members should immediately inform adidas customer service of any unauthorized use of their password or account or any other breach of security.

The Club is for members’ personal use only. Members agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Creators Club. The transfer, sale, or barter (or the attempted transfer, sale, or barter) of Rewards, member exclusive promotional offers, and any misrepresentation of fact relating thereto, may result in cancellation of the member’s account, including any unused Points or claimed but unused Rewards in adidas’ sole discretion.

PRIVACY AND CONSENT TO MARKETING

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.

TERMINATION; EXPIRATION; CHANGES TO THE CLUB

You may cancel your Club membership at any time by logging in to your account on www.adidas.com or the adidas mobile app.
We may cancel your Club membership at any time for any reason in our sole discretion, including, but not limited to, if we determine that you (a) are ineligible, (b) have not user your account for an extended period of time, (c) violated any term or condition of the Club or any applicable law or regulation, or (d) engaged in any deception, forgery, fraud or committed any other abuse of the Club.  We may 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 adidas cancels your Club membership, you will lose your accumulated points. If you cancel your membership, you may rejoin the Club by registering at www.adidas.com or on the adidas app.  When restarting your membership, your previously-earned points will not continue to your new membership.
In all matters relating to the administration of the Club, the decisions of adidas will be final.  adidas reserves the right to change or cancel any aspect of the Club, at any time. If we change these Terms, we will give you notice by posting the new Terms here. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to participate in the Club, you are agreeing to the revised Terms.

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 THE FEES YOU HAVE ACTUALLY PAID ADIDAS DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

VENUE AND CHOICE OF LAW

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.

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.

MISCELLANEOUS

In all matters relating to the administration of the Club, the decisions of adidas will be final. adidas is not responsible for communication problems of any kind relating to the Club. Under no circumstances will adidas be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. The failure of adidas to enforce any right or provision of these terms will not prevent adidas from enforcing such right or provision in the future. These Terms cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of adidas. adidas may assign its rights and obligations under these terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Questions
If you have any questions about the Club, pleasecontact us:

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.