Terms and Conditions – My Mattel Rewards

Terms and Conditions - My Mattel Rewards

Membership Terms

Last modified 19/05/2022

1. Who these Membership Terms apply to

These Membership Terms and Conditions (“Membership Terms”) apply to all members of the My Mattel Rewards Program (hereafter the “Program”) offered by Us. Mattel Europa B.V. a company duly incorporated and existing under the laws of the Netherlands, having its registered office at Gondel 1, 1186 MJ Amstelveen, the Netherlands, registered with the commercial chamber under no. 22237928, intracommunity VAT NL800671934B01 ( “Company” or “We” or "Us").

By registering to join our Program through the page […] available on our website www.shopping.mattel.com (the “Site”) you will become a My Mattel Rewards Member (“you” or “Member”) and confirm that you have accepted these Membership Terms. If you do not agree to these Membership Terms in their entirety you must not register to join the Program. PLEASE READ THESE MEMBERSHIP TERMS CAREFULLY.

2. Other Policies and Procedures

These Membership Terms are subject to the Mattel Privacy Policy found at https://www.mattel.com/en-us/privacy-statement (the “Privacy Policy”). Members may use the Site in connection with their membership and subject to the Terms of Use of the Site, which are found at https://corporate.mattel.com/terms-and-conditions.

3. Changes to these Membership Terms and the Program

These Membership Terms may be updated from time to time In such a case, before proceeding with such changes, We shall take into consideration the reasonable interests of Members. Any such changes shall take effect from the date of their introduction, which shall be promptly notified by Us especially if as a result of a change the Member does not longer meet the requirements for participation.

In the event that the Member does not agree with the new provisions of these Membership Terms, the Member may at no cost cancel these Membership Terms according to provision 15 of these Membership Terms.

On the contrary, should the member no longer meet the requirements for participation, then, from the effective date of such change, such Member will no longer be entitled to earn Points or receive other Member benefits. The right of such excluded Member to redeem his/her accrued point shall be, in any event, unaffected.

The reasons why we may make changes to the User Agreement are:

- developments beyond our reasonable control; or

- changes in legislation; or

- changes to the Program as a result of the normal development of our products and activities; or

- the need to address security concerns.

Attendance to the Program will constitute acceptance of the new Membership Terms by You.

4. Definitions used throughout these Membership Terms

“Qualifying Purchases” means any products and services from the Site that are not None Qualifying Purchases, as described below.

“Non Qualifying Purchases” The following are not Qualifying Purchases: (A) sales and use taxes; (B) service fees; (C) donations to charitable organizations; (D) commercial account purchases, including, without limitation, any purchase made with a corporate credit card, unless specifically approved in writing by Company; (E) purchases of gift cards and e-gift cards; (F) any redemption of Points (as defined below) for some part or all of the purchase price; (G) shipping and delivery charges; (H) purchases from third-party vendors on Company- branded and Company-sponsored websites if to complete a purchase the customer is redirected to the vendor’s designated website (other than a participating Company-branded or Company- sponsored website); (I) sales or auctions on eBay or any other websites; (J) the portion of any purchase price which is eliminated due to a coupon or other discount, and (K) any other items which Company, from time to time in its sole discretion, may be required to exclude based on any applicable laws or regulations.

5. The Program

Access to the Program is free of charge, no prior purchase nor other fee is required for being a Member. By becoming a Member and joining the Program you can earn points to redeem against purchases on the Site.

You can convert the points earned into monetary discounts, which can be redeemed against purchases on our Site. For more information on earning points and point redemption see sections 9 and 11 below).

6. Eligibility

In order to be able to join the Program you must:

a) Be 18 years of age or older, and

b) provide - while registering on the Site as per Section 7 below - Your first name, last name, a valid unique email address (that You have a right to use) and a password

(the “Participation Requirements”).

Additionally, during the registration process, participants may be invited to optionally provide information such as: (A) the Member’s postcode, (B) the Member’s phone number; (C) the Member’s child’s birthdate, child’s name, child’s gender, or the Member’s relationship to the child; and/or (D) the Member’s social media accounts.

Upon registration or thereafter, we may request proof of identification and age to verify (A) your eligibility for Program membership, (B) membership participation, and (C) your compliance with these Membership Terms.

Employees of Company may be Members of the Program, provided, however, that certain Program-related events and rewards may be limited to non-employees in Company’s sole discretion.

7. Becoming a Member

You can become a member of the Program by registering online at [INSERT LINK TO REGISTRATION PAGE].

You will be asked to enter an email address and create a password that you will use to access your Member account. You will be responsible for maintaining the confidentiality of your log in details and will remain responsible for all activities that occur with respect to your log in details, whether or not you authorise the activities.

The Program is for personal use only and as such you can only register in the name of an individual (not a business).

You may only have one membership account in your name. If you have more than one account we may, in our discretion, combine your accounts into one membership account. If you have multiple accounts, we also reserve the right to close accounts at any time in our discretion.

Accounts and Points are not transferable and may not be sold, resold, exchanged, or bartered.

8. Unauthorised use of your account

If your membership is accessed by someone else through the Site, you may lose Points you have earned in the same way as if you lost your wallet.

You should immediately report any fraudulent or unauthorised use of your membership to us.

If you need to change any of the details you provided when you registered your account, please Contact Us. INSERT LINK TO CONTACT FORM

9. How to earn Points

By becoming a Member you can earn points:

- by purchasing Qualifying Purchases from our Site. You will earn one point for every euro spent, to be rounded up. By way of example, if a product is priced Euro 32.99, You will receive 33 points;

- by taking part in non-purchase activities, expressly reserved to the Members of this Program and subject to the acceptance of the relevant terms and conditions by You, that may be launched by the Company from time to time; and

- by taking part to any additional promotional initiative, expressly reserved to the Members of this Program and subject to the acceptance of the relevant terms and conditions by You, that may be launched by the Company from time to time (“Additional Points”)..

(collectively (“Points”)).

10. When will the Points be issued to your account?

POINTS ARE NOT EARNED ON QUALIFYING PURCHASES MADE PRIOR TO YOUR ENROLLMENT DATE OR PRIOR TO THE START DATE OF ANY ADDITIONAL POINT OFFER OR PROMOTION. We hope to issue Points into your account instantly; however, it may take us a little longer. Please do contact us at […] if there is a delay of more than 5 days from your purchase to receiving your Points. You may review your Point balance in your Points account on the Site (or such other site as designated by Company) at the following link [please include the balance page link].

10. When will the Points be issued to your account?

11. How to redeem Points?

Members can earn rewards in the form of monetary discounts. There are 3 levels of rewards, depending on the number of Points you have accrued, which can be redeemed at checkout or via the rewards landing page available at the following link [please include the rewards landing page link]:

- First level: 0 - 100 points = €5,

- Second level: 200 points = €10 and

- Third level: 250 points = €25

(“Rewards”).

Your account will be credited with your Points. You can redeem your Rewards after you hit a Reward threshold as detailed above. Points expire 12 months after the date they have been awarded. The Rewards are not valid for cash. The Company is not responsible for expired Points and expired Points will not be re-issued.

You may use your Rewards to pay all or a part of the purchase price for subsequent Qualifying Purchases.

POINTS HAVE NO CASH VALUE AND MAY NOT BE REDEEMED FOR CASH, CREDIT, OR OTHER VALUE. NO CREDIT, CASH, OR OTHER VALUE WILL BE GIVEN FOR UNUSED POINTS.

Your membership to the Program will also allow you to have the right - but not the obligation - to take part to additional initiatives that may be established and launched by the Company from time to time such as, by way of example:

- double/triple/extra points events pursuant to which the Company may establish multiple levels of Rewards that differentiate among Members that reflect a Member achievement of specified levels of Qualifying Purchases and/or similar criteria; or

- promotional codes available for use on purchases;

all of which will be expressly reserved to the Members of this Program and subject to the acceptance of the relevant terms and conditions by You.

12. Membership linking

The Company may link your membership to identifiers such as your email address, phone number etc (each an “Identifier”). An Identifier may only be linked to one Member at a time. All Points earned when that Identifier is present will be posted to the membership account linked to that Identifier (and all purchases made when that Identifier is present will be visible under the “Account History” section of the Site). If another member attempts to register an Identifier that you have already registered (e.g., someone who shares the same email address as you), the new Account will be rejected. If members from the same household wish to merge accounts, call 800-845-0005 for more information.

13. What happens to your Points when you return a Qualifying Purchase?

Any Points you earn on a Qualifying Purchase may be deducted from your Points account if you return the merchandise, or cancel the service, comprising that Qualifying Purchase, even if: (A) you have redeemed those Points prior to the return or cancellation, (B) some or all of the Points deducted from your account are not related to the Qualifying Purchase for which such return or cancellation is made, and (C) the deduction from your Points account results in a negative Points balance.

14. Changes to your account, fraud and errors

i. Company may adjust your Points balance or Rewards, by giving appropriate notice, due to any (A) computer error, (B) technical issues experienced by Company, (C) machine malfunction, (D) employee, customer, or other error, fraud or other misuse of Points or the Program, or (F) change to the Program. All transactions involving Points are subject to review and verification by Company. Points cannot be used multiple times being the same for one-time use only and once they’re redeemed, they’ll be deemed spent.

15. Cancelling your membership

You can cancel your Membership at any time by calling us on 800-845-0005. If you cancel your membership, you will not lose the right to redeem all Points that are unused at the time of cancellation.

We may suspend your use of your membership (including your right to redeem Points), terminate your membership or cancel Points you have earned if we have reason to believe that you (A) are in breach of these Membership Terms (B) are abusing your membership, (C) are engaged in fraudulent or other criminal activities relating to your membership, or (D) have supplied false or misleading information to us.

Should any of the above events occur, We may suspend or cancel the Program at any time

16. General Terms

All references by the Company on the Site, or otherwise, to the My Mattel Rewards program shall be deemed references to the Program.

If a court invalidates some of the provisions of these Membership Terms, the rest of it will still apply.

Our failure to insist upon or enforce your compliance with these Membership Terms does not mean that we can’t require you to do it later.

You acquire no property rights in your password, Member number, or Points account. You may not give access to your Points account to any third-party on-line service, including but not limited to any points management service, points tracking service, points aggregation service, or other service.

17. Complaints & Disputes, Applicable law.

Mattel aims to deliver the highest possible quality regarding its products and services. Should you have any complaints, you can, but are not obliged to, direct them to us by phone or e-mail to Mattel customer service [please include the relevant contact details].

In any event, the Member's rights to apply to the ordinary courts having jurisdiction over the Member's place of residence or domicile shall remain unaffected.

These Membership Terms are governed by Italian laws and in particular by the provisions of the Italian Consumer Code. Nothing in these Membership Terms, including this clause, affects your rights as a consumer to rely on such mandatory provisions of local law.

If you are based in the EU and have gone through the complaint procedure, but you want your complaint referred to another authority, you can contact the Dispute Commission via the European ODR Platform:

Visit [INSERT LINK] for the most current Membership Terms.

Still have questions? Contact Us INSERT LINK TO CONTACT FORM