Rewards terms & conditions

 

PARTICIPATION
MoMA Design Store Rewards program is offered by The Museum of Modern Art (“MoMA”) to customers making purchases at MoMA Design Store and its online sales channel (“Website”) for personal use. MoMA will extend certain perks and privileges as described in more detail herein, and additional offers that may be extended from time to time. These terms and conditions (hereinafter “Terms and Conditions”) form the agreement (the “Agreement”) between you (“Participant” or “you”) and MoMA with respect to the Rewards Program. When accessing the Rewards Program or the Website, you are also subject to the applicable Website terms of use, including the MoMA Design Store Terms of Use. To the extent there are conflicts between this Agreement and any Website terms of use, this Agreement will control.

PARTICIPANT’S ACCEPTANCE OF TERMS
By participating in the Rewards Program, customer agrees to the terms and conditions, rules, regulations, policies and procedures of the Rewards Program, including, without limitation, these Terms and Conditions and the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Participant is responsible for remaining knowledgeable about the Program Terms and Conditions. MoMA reserves the right to disqualify Participants who have violated any of the Rewards Program Terms and Conditions, or to suspend or revoke their participation in the Program.

MoMA’S RIGHT TO CHANGE/CANCEL PROGRAM AND/OR TERMS
MoMA may, at its discretion, alter, limit, or modify the Rewards Program structure or any other feature of the Program. MoMA reserves the right to change or modify the Terms and Conditions or terminate the Rewards Program at any time, for any reason, without prior notice. MoMA will post any additional Rewards Program details and updates to the Program (including these Terms and Conditions) here and then update the “Last Updated” date above. MoMA may also email you about any such changes. Your continued participation in the Rewards Program will confirm your acceptance of such changes.

Rewards PROGRAM ELIGIBILITY
Rewards Program is open to U.S. residents at least 18 years of age within the 50 United States and District of Columbia. It is free to join (no initial purchase is required to do so). The Rewards Program is limited to individuals only and is limited to one account per individual. Participation will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from MoMA, in its discretion.

PROGRAM ENROLLMENT
Individuals can enroll by creating an account in MoMA Design Stores or at store.moma.org. Participant must provide complete and accurate enrollment information. MoMA reserves the right to refuse participation to any customer who does not follow the enrollment procedures. MoMA may choose to offer sign-up incentives and enrollment promotions from time to time. Participant should promptly advise MoMA of any changes to their personal account contact information such as name, address, telephone number(s) and/or e-mail address, by visiting and updating their Rewards program account.

PROGRAM COMMUNICATIONS
Unless Participant has opted out of receiving marketing communications, MoMA may (at its option) communicate with Participants about marketing via mail, email and other channels, including about special Participant promotions, offers and more. MoMA will also use these channels to communicate Participant tier status, notify Participant when they are eligible for a benefit or Reward (defined below), communicate Rewards Program changes and more. Please note that even if you opt out of receiving marketing or promotional communications, MoMA may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

DATA PRIVACY
Find information about MoMA’s privacy policy here.

EARNING POINTS

Participants will receive Rewards points (“Points”) on their Participant account through Eligible Purchases (defined below) and participation in other special programs and promotional offers that may be announced by MoMA or its third-party partners from time to time. Additional terms, requirements and details for earning Points follow.

Eligible Purchases: Purchases of merchandise (after promotional offers have been applied, before taxes and shipping charges have been applied and minus returns, refunds or credit adjustments, rounded to the nearest dollar) made at any MoMA Design Store store in the United States or online at the Website and shipping to the continental U.S. and U.S. P.O. Boxes (“Eligible Purchases”) count toward Participant’s Point accrual and tier status.
Unless otherwise stated by MoMA in a promotional offer, Participants will receive one Point for each one dollar ($1 USD) of Eligible Purchases at a U.S. MoMA Design Store store or on the US Website (in all instances, number of Points earned subject to change; check back here for details).

Exclusions from Eligible Purchases: Points will not be awarded on unauthorized or fraudulent purchases. The amount of a purchase made with gift cards, Rewards, and/or free benefits under the program as the method of payment will not be applied to Participant Point accrual or tier earnings. Points will not be awarded if, in MoMA’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. Purchases made through trade accounts are not eligible for Rewards. Additional items may be excluded from Point, tier and Rewards (defined below) accumulation at the sole discretion of MoMA. Participants will not be able to redeem points in parallel with onsite promo code.

Email Address: A current, valid email address is required for a Participant to be able to participate in and receive Points in connection with the Rewards Program. Participant must notify MoMA of change of email address by updating Participant account information online.

Identification at Transaction: Participants must identify themselves with their applicable Participant account email address to receive credit and/or perks and privileges for Eligible Purchases made at participating Stores and on the Website. Specifically, a Participant must provide the email associated with his/her participation to the cashier at a the Store or sign into their online account before checkout for online transactions in order to receive spend credit and/or benefits.

Processing of Points: Points accumulated through Eligible Purchases will be processed and awarded to the Participant’s account within 7-business days.

Promotional Offers: Other special programs and promotional offers for earning Points may be made by MoMA. Such offers will also be subject to the terms and conditions specified in the promotional offer.

Point Balance: Participants may view their Point balance at any time by visiting their Participant account page or signing in.

RETURNS
Merchandise returns must be made in accordance with MoMA’s return policy available at here.  Upon the return of an item accepted by MoMA, the spend amount and Points applied to Participant account for the original purchase will be deducted from that Participant’s account as the Points are forfeited with the returned merchandise.

TIER STATUS
Following initial tier placement, Program tier status is based solely on Participant’s total spend on Eligible Purchases (which exclude gift card/Rewards) during the preceding rolling year. Following the conclusion of that qualifying year, Participant’s tier status will be valid for the next rolling year benefit year after qualification. Participants should allow 40 days for purchases to process before Participant is placed into a different loyalty tier. For more information on Program tiers, click here.

PROGRAM BENEFITS AND DETAILS
In addition to any other requirement and/or limitation that may be communicated to Participants at the time a benefit is offered, the following shall apply:

BIRTHDAY BONUS
To receive a Birthday Bonus as designated in MoMA’s sole discretion, participants must have a valid birthday on file with Participant’s registered MoMA Design Store customer account and be opted in to receive marketing communications. Account must show purchase activity within the prior 12 months. A birthday must be on file no later than 30 days prior to the birthday to receive a Birthday Bonus in that same calendar year. Additional terms and conditions may apply. Participants in Enthusiast tier will receive 150 points, Connoisseur tier will receive 300 points & Ambassador will receive 450 points.

Valid with any qualifying purchase at a MoMA Design Store store and/or on the Website, as advertised. Eligibility details and restrictions may apply.

Return requests must be made in accordance with MoMA’s return policy available here.

REDEEMING POINTS
Points will accumulate toward Rewards, the means by which will be described in these Terms and Conditions and/or related promotional offers. Earned Points are converted into promotional redemption Rewards dollars (“Rewards”) as follows: 150 points = $5 in Rewards. Once 150 Points are earned, $5 in Rewards will be issued and 150 Points will automatically be deducted from Participant’s account. The maximum amount of points you can redeem is 1,500 points for $50. Participants may redeem their Rewards when purchasing items and/or services either (1) at a U.S. MoMA Design Store location by giving the MoMA associate your Participant coupon code (2) online at store.moma.org by selecting the Rewards box at checkout. If Participant elects to redeem their Rewards, the value of the Rewards will be deducted from the total price of the Participant’s purchase of items from the MoMA Designs Store store or store.moma.org. Points and Rewards will expire as set forth below.

Rewards will not be paid out in cash or store credit. MoMA may, at any time and without notice, change the Points earning and redemptions procedures and offerings, including the conversion rate between Points and Rewards.

Rewards may only be redeemed once. In the event of a return of merchandise purchased using a Reward, the Rewards will be forfeited.

Rewards may not be applied to the purchase of gift cards.

To the extent allowed by applicable law, we may cancel any accumulated Points if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.

EXPIRATION OF POINTS
Points that are not redeemed will expire twelve (12) months after issuance on a rolling basis.

EXPIRATION OF REWARDS
Rewards will expire three hundred & sixty-five (365) days after issuance.

RIGHT TO REVOKE
MoMA reserves the right to revoke the Participation of any Participant in the Rewards Program and/or revoke any or all benefits the Participant may be entitled to, if in the sole opinion of MoMA, a Participant abuses any of the Rewards Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud. In the event that MoMA cancels your Participation or terminates the Program for any reason, all Points, Rewards or other benefits earned on your Participant account will be forfeited.

NO TRANSFER
Neither Program benefits nor Participant accounts may be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Participant account. Program Points, Rewards and/or benefits have no cash value and are not exchangeable for cash.

TAXES
Participant is responsible and liable for any applicable federal, state or local income, sales, use, or other taxes which may result from Participant's participation in the Program.

GOVERNING LAW

These Terms and Conditions, the relationship between you and the MoMA, and MoMA’s MoMA Design Store Rewards, shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

MANDATORY ARBITRATION. NO CLASS ACTIONS.
You irrevocably agree to submit any and all disputes, claims or controversies arising out of or relating in any way to these Terms and Conditions or MoMA’s MoMA Design Store Rewards Program, including claims based on state or federal statutes, to the American Arbitration Association (“AAA”), or its successor, for confidential mediation. And if the matter is not resolved through mediation, then to AAA, or its successor, for final and binding arbitration. All arbitrations must proceed on an individual basis, and you hereby waive the right to assert or participate in any class action arbitration, and to assert of participate in any joint or consolidated arbitration of any kind.
Claims shall be heard by a single arbitrator. The place of arbitration shall be New York, New York. The arbitration shall be governed by the laws of the State of New York. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys' fees. Judgment upon the award rendered by the Arbitrator(s) may be entered by any court having jurisdiction thereof.
You agree to maintain as strictly confidential all negotiations and proceedings pursuant to this section, except as is required by court order or as is necessary to confirm, vacate or enforce a judgement or award.

LIMITATION ON DAMAGES; OTHER LIMITATIONS
To the fullest extent permissible under applicable law, MoMA is not responsible or liable for any direct, indirect, incidental, consequential, or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Participants’ participation in the Program. This applies even if foreseeable or even if MoMA has been advised of the possibility of such damages. In New Jersey, this limitation applies only to claims based on breach of warranty.

MoMA is not responsible for (a) any loss or misdirection of, or delay in receiving, any application, redemption requests, Points, Rewards, or Participant benefits; (b) theft or unauthorized redemption of Points, Rewards, Participant benefits or use of Points, Rewards, or Participant benefits; (c) any acts or omissions of third parties; or (d) any errors made or published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, and errors in the adding, subtracting, crediting, and/or debiting of Points or Rewards to/from Participant accounts. MoMA reserves the right to correct (with or without notice) any such errors.

INTELLECTUAL PROPERTY
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “MoMA Intellectual Property”) are owned by MoMA and may be registered in the United States and internationally.

QUESTIONS
For all questions about the Program or your account, please contact us or call us at 1 (800) 851-4509, 9:30am - 5:00pm ET.