Applicable as of September 26, 2024. Version 1.0

These Terms and Conditions are also subject to all other use and privacy and other policies of SKULLCANDY (as defined below) including but not limited to, Terms of Use, Cookie Policy, and Privacy Policy which are incorporated herein by reference.

INTRODUCTION 

The Skullcandy Soundlab loyalty program is offered by Skullcandy Inc, 6301 N Landmark Dr, Park City, UT.

We invite you to read these Terms and Conditions carefully before registering.  For a detailed summary of the benefits you can enjoy by joining the Program, please visit https://www.skullcandy.ca/soundlab-rewards.  For more information, please read the terms below.

These SKULLCANDY SOUNDLAB LOYALTY PROGRAM TERMS AND CONDITIONS apply to residents of Canada.

1 - ELIGIBILITY

To participate in the Program, you must be at least 16 years old and a legal resident of Canada. If you are at least 16 years old but under the age of 18 (or the legal age of majority in your jurisdiction of residence), you will also need to have permission from one of your parents or guardians before joining the Program, and your parent or guardian must have read and agreed to these Terms and Conditions. 

The Skullcandy Soundlab loyalty program (hereinafter the "Program") is offered to all individual customers, adult natural persons, holders of an email address, hereinafter referred to as the "Account Holder", "Customer" or “you."

The Program is not accessible to legal entities (companies, associations, etc.). NOTE: Skullcandy affiliates and partners and Skullcandy employees are not eligible for the Points Program.

By joining and participating in the Program, you confirm that you meet these eligibility requirements.&

2 - JOINING THE PROGRAM

If you meet the eligibility conditions, you can join the Program by completing a registration form on skullcandy.ca/account. Membership of the Program is not subject to the obligation to purchase a product. Each natural person may only have one account. If you join the Program, you agree to provide true, accurate, current and complete information about yourself and to keep it up to date. Any incomplete request will not be taken into account by Skullcandy.

Skullcandy reserves the right to request any document at any time in order to verify the identity of the person wishing to subscribe or that has subscribed to the loyalty program.

3 - MEMBER COMMUNICATIONS

By joining the Program, you may receive electronic service communications from Skullcandy necessary for the execution of the loyalty program to inform you of your member benefits (even if you are not subscribed to the newsletter).

4 - MEMBER BENEFITS

Registration for the Program and your experience with the Skullcandy brand—in particular through your purchases, your participation in events and/or your subscription to the newsletter—will result in new advantages for members.

Here are some advantages of how you can benefit as a member of the Program:

- Early access to sales: You will be able to benefit from early access to certain content and sales offered by us. The duration of advance access may vary depending on sales. Our standard terms and conditions of sale also apply.

- Free Events: You may be able to benefit from access to free events organized by Skullcandy, subject to registration and availability. 

- Exclusive offers: You may be able to enjoy access to exclusive and personalized offers based on your experience with the Skullcandy brand, in particular through your purchases, your participation in events and/or your subscription to the newsletter.

- Skullcandy Soundlab POINTS PROGRAM

Earning Points

- As a member of the Program, you will earn points (“Points”) for purchases that you make on Skullcandy.ca, including regular and sale priced merchandise. Every dollar spent on eligible purchases will earn 1 Point. Dollars spent on tax and shipping are not eligible to earn Points. Purchases made with a Skullcandy gift card or with Points as the form of payment are not eligible to earn Points. If a member returns purchased items, the Points earned by those items will be deducted from the member’s Point total.

To the extent permitted by applicable law, from time to time, Skullcandy, in its sole discretion, may change, discontinue, or add interactions by which members can earn Points, with or without prior notification to members.

Members must be logged into their Skullcandy.ca account to receive eligible Points for their actions. Skullcandy reserves the right to retrospectively credit Points for interactions where a member was not logged in, provided sufficient proof is provided.

Existing Skullcandy.ca account holders can start earning Points as soon as the Program is launched and they have opted-in to the program.  New members will earn Points from the date they create a Skullcandy.ca account.  No prior transactions or interactions will be eligible for Points. Points will be credited to your account 30 days after your order is shipped.

Member Benefits are not available to Skullcandy affiliates, partners, or employees.

Expiration of Points

Points earned by members and credited to their account will not expire. Points are not transferrable or assignable, have no cash value, and cannot be exchanged for cash or services.

Redeeming Points

In order to redeem Points, a member must be logged into their Skullcandy.ca account at the time of purchase.  At checkout, a member’s available Points will be displayed and the member may elect to redeem Points.  If a member elects to redeem Points, the applicable Points will be converted into redemption dollars and the value of the redemption dollars will be deducted from the total price of the Member’s purchase.  Points are converted into redemption dollars as follows:  100 points = $20 (non-cash value).

Skullcandy shall not be responsible for any errors by the Member relating to the redemption of points.

Points may not be converted to or exchanged for cash. If product purchased fully or partially with points is later returned by Member, associated points converted into a reward will be forfeited and not returned to Member.

5 - ACCOUNT USE

The use of your account is strictly personal and non-transferable or assignable. You are solely responsible for any use that may be made of your login details, and you agree not to disclose them to anyone.

It will be your responsibility to maintain the confidentiality of your account, and you are fully responsible for all activities carried out using your password or your account. You must promptly notify the Skullcandy customer service team of any unauthorized use of your password or account, or any other security breach. Any failure to notify of unauthorized or improper use of the account may result in the cancellation of all earned points and removal from the Program.

6 – LIMITATION OF LIABILITY

Skullcandy cannot be held liable for damages of any kind related to the Program, including delays, delivery errors, calculation of points earned, connection problems, loss of data or other anomalies.  Skullcandy cannot be held liable in the event of an event relating to force majeure as defined by law and case law.

7 - NOTIFICATIONS

CONTACT
Skullcandy Customer Service will provide you with all the assistance required for any questions about the Skullcandy Program. You can contact us via the contact form: https://contact.skullcandy.com/

CANCELATION
To unsubscribe from the Skullcandy loyalty program, please contact Skullcandy Customer Service using the contact form: https://contact.skullcandy.com/

 

8 - MODIFICATIONS TO OR CESSATION OF THE PROGRAM

To the extent permitted by applicable law, Skullcandy reserves the right, at any time, to modify, suspend or cease the Program without having to justify its decision and without any compensation with regard to the Customer.

Skullcandy reserves the right to modify at any time all or part of these Terms and Conditions, including the terms and conditions for acquiring loyalty benefits.

We may cancel your membership in the Program at any time or suspend it if we determine that you:

(a) are ineligible

(b) have an inactive account— you have not earned or redeemed Points for more than 24 months. We will send you a notice 30 days in advance of cancellation to alert you of your account inactivity;

(c) violated any term or condition of the Program or any applicable law or regulation; or

(d) you have violated any of the provisions of these terms and conditions; or, 

(e) engaged in any deception, forgery, fraud, or committed any other abuse of the Program including, but not limited to, redemption of Points for the purpose of reselling products.   

We reserve the right to cancel all or part of your benefits if we believe that you have received benefits in error or through fraud or deception, or in any unauthorized manner.

In the event of cancellation of your membership in the Program, the provisions of our privacy policy shall continue to apply to the data collected during registration and while your membership was active.

You may cancel your Program membership at any time by contacting Skullcandy Customer Service at https://contact.skullcandy.com/.  Cancellation will immediately void all earned Points.

We may cancel your Program membership at any time in our reasonable discretion, including, but not limited to, if we determine that you:

1. are ineligible; 

1.   have an inactive account— you have not earned or redeemed Points for more than 24 months. We will send you a notice 30 days in advance of cancellation to alert you of your account inactivity;

1. violated any term or condition of the Program or any applicable law or regulation; or 

1. engaged in any deception, forgery, fraud, or committed any other abuse of the Program including, but not limited to, redemption of Points for the purpose of reselling products.   

We may revoke some or all of your Points or benefits if we determine that you received them in error, due to fraud or deception, or in any manner not authorized.

If you or Skullcandy cancels your membership, you will lose your accumulated Points.  If you cancel your membership, you may rejoin the Program.  When re-joining the Program, previously earned points will not carry over to your new membership.

In all matters relating to the administration of the Program, the decisions of Skullcandy will be final.  Skullcandy reserves the right to change or cancel any aspect of the Program at any time.  If we change these Terms, we will send you a written notice of these changes at least 60 days prior to the effective date of the change, setting out the change and the date it will come into effect.  By continuing to participate in the Program, you are agreeing to the revised Terms.

 9 - PERSONAL DATA

Personal data transmitted as part of the Program is recorded and processed in accordance with the terms of our privacy policy available at https://www.skullcandy.ca/policies/privacy-policy

10 - GENERAL PROVISIONS

If any of the provisions of these Terms and Conditions are declared invalid, illegal or inapplicable, this stipulation would be applied within the strict limits of what is permitted by the applicable legislation. The other stipulations would remain valid and fully applicable.

11 – Disclaimer and Limitation of Liability

THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, SKULLCANDY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM, 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 LAW, SKULLCANDY 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 PROGRAM, 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 LAW, SKULLCANDY’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS AND THE PROGRAM, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE DOLLAR AMOUNT YOU HAVE ACTUALLY PAID SKULLCANDY DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

12 – Binding Arbitration (All Participants): For clarity, all those enrolling in and participating in the Program, you agree that all disputes you may have with, or claims you may have against Skullcandy arising out of or connected in any way with (a) the Program, (b) these Terms and Condition, or (c) the determination of the scope or applicability of this agreement to arbitrate (each a “Claim”), will be resolved through binding and final arbitration instead of through court proceedings.

This arbitration agreement does not preclude you or Skullcandy from seeking action by federal, state, or local government agencies. You and Skullcandy also have the right to bring qualifying claims in small claims court. In addition, you and Skullcandy retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

13 - Questions?

If you have any questions about the Program, please contact Customer Service https://contact.skullcandy.com/.

PLEASE MAINTAIN A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK HERE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.