Rewards Program Terms & Conditions
Duck Head Rewards Program
THESE PROGRAM TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND INCLUDE A CLASS ACTION WAIVER. YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT IN THE EVENT OF A DISPUTE. THESE PROGRAM TERMS INCLUDE A DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THAT MAY APPLY TO YOU IN THE EVENT OF A DISPUTE.
1.1. The Program is open to any person with a valid United States address who is age 18 or older. You are not required to make any purchase or payment or provide any credit card information to enroll in the Program or maintain membership. Each Member is permitted only one Program account, and only one Program account may be associated with a single email address. Enrolling or attempting to enroll in the Program multiple times using different email addresses is prohibited and will be cause for termination of your participation in the Program. Employees of the Company and its subsidiaries, parent companies or affiliates and anyone eligible for an employee-based discount are ineligible for membership in the Program. The Program is void where prohibited or restricted by law.
1.2. Eligible individuals may enroll in the Program online by visiting the Program page of our Website and following the Program prompts to enroll. Eligible individuals who have made a purchase on the Website during the twelve (12) months prior to the launch of the Program will be automatically enrolled in the Program, but you must create a Program account to redeem Points or earn future Points or other Program benefits. Members who enroll on our Website may be required to provide first and last name, valid email address, telephone number, month of birth and zip code. During the course of your membership, you may update your personal information by logging in to your Program account. Members are solely responsible for keeping their profile information current.
- Program Benefits
2.1. Each time you make a purchase on the Website (a “Qualifying Purchase”) following the launch of the Program and your enrollment in the Program, you will earn one (1) reward point (“Point”) for each dollar spent, excluding shipping and handling charges, taxes and any other fees associated with your purchase. The Company may also award Points for Qualifying Purchases made prior to the launch of the Program. The amount of a Qualifying Purchase is based on the final sale price of merchandise purchased after any applicable discounts and coupons are applied (including Points applied or Program offers redeemed). Please allow approximately fourteen (14) days after a Qualifying Purchase for your Program account to be updated to reflect your reward Points. If you return all of the merchandise in a Qualifying Purchase, the Points awarded for that Qualifying Purchase will be deducted from your Program account. If you return some, but not all, of the items purchased in a Qualifying Purchase, the Points awarded for that Qualifying Purchase will be reversed and you will be awarded Points for only the remaining sale price after all refunds. To earn Points for Qualifying Purchases made on the Website, you must be logged in to your Program account prior to checkout. Points will not be awarded, and no other Program benefits will be available, for purchases through third-party online websites or third-party locations carrying Duck Head products.
2.2. We may also offer opportunities to earn additional Points or Program benefits based on qualifying engagement activities through the Program. Opportunities to earn Points and benefits may be changed at any time without notice in our sole discretion, and may be offered on a limited basis. You can view the current opportunities to earn Points and additional benefits on the Program page of the Website.
2.3. Members will qualify for a Program tier (“Reward Tier”) based on the number of Points earned during a rolling twelve (12)-month period commencing with the launch of the Program and the Member’s enrollment in the Program. Points awarded for Qualifying Purchases prior to the launch of the Program may also be counted toward Reward Tier eligibility at Program launch. Points earned from a Qualifying Purchase are eligible to be counted toward a Reward Tier if the Qualifying Purchase is not cancelled, returned or refunded for thirty (30) days after the date of purchase. Therefore, if the Points that made you eligible for a particular Reward Tier consist of Points from a Qualifying Purchase, your status in that Reward Tier will commence thirty (30) days after the date of the Qualifying Purchase, as long as the Qualifying Purchase is not cancelled, returned or refunded. Your status in a particular Reward Tier will remain valid for twelve (12) months from the date your Reward Tier status commences. After that, you must qualify for the Reward Tier again. For example, if your VIP Reward Tier status commences on October 15, 2021, you will remain in the VIP Reward Tier through October 14, 2022. However, you will no longer be a member of the VIP Reward Tier starting on October 15, 2022 unless you have earned the required number of Points during the twelve (12) months prior to October 15, 2022 and those Points have become eligible to be counted toward your Reward Tier. After that, you will only qualify for the VIP Reward Tier again in the future if you earn the required number of Points during a single twelve (12)-month period and those Points become eligible to be counted toward your Reward Tier.
2.4. Your Reward Tier may make you eligible to receive certain Program benefits, which may include the ability to redeem Points for additional rewards. Any benefits offered under the Program are subject to change at any time without notice at our sole discretion and may be offered on a limited basis. You can view the current benefits for each Reward Tier on the Program page of the Website.
2.5. For every 100 Points you earn, you will be eligible to receive $5.00 off the purchase of eligible products on the Website. Points may only be applied to purchases on the Website of $25.00 or greater. You will have the option to apply Points in 100-Point increments to the purchase of eligible products at checkout when you make a purchase on the Website while logged in to your Program account. Points applied to a purchase on the Website will automatically be deducted from your Program account. If you return all of the merchandise purchased in an order to which Points were applied at checkout, the Points applied to the order will be credited to your Program account. If you return some, but not all, items purchased in an order to which Points were applied at checkout, Points will be applied to the purchase price of the merchandise which was not returned. You will not receive a refund of Points for returns of items of which you were not the original purchaser.
2.6 Unused Points in your Program account will expire on the date that is twenty-four (24) months after your last Program account activity. Program account activity means qualifying engagement activities in which you earn or redeem Points. For example, if you earned Points on October 15, 2021, and you have not engaged in any subsequent Program account activity by October 14, 2023, those Points will expire and be deducted from your account on October 15, 2023.
2.7. Program Points have no cash value, cannot be sold and are not redeemable for cash. Only the Program Member who pays for a Qualifying Purchase may accumulate Points for that Qualifying Purchase. Program accounts and benefits cannot be shared or combined with any other person or Program member. Points offered through the Program may not be transferred, purchased, assigned, auctioned, bartered or traded, including, without limitation, by death or as part of a domestic relations matter. Any attempt to do so is expressly prohibited and will be cause for termination of your participation in the Program. You agree that the Program and any Points earned under the Program do not create any property rights whatsoever in your favor.
2.8. You can check for your available Points online at any time through your Program account. If you have questions regarding the Points in your account, please contact the Duck Head customer service team at firstname.lastname@example.org. We reserve the right to determine the number of Points in any Member’s account based upon our internal records. Our good faith determination of the number of Points available to any Member shall be deemed to be correct and accurate as reflected in our records and shall be final and binding. We are not responsible for Program benefits or Points that are not issued, received, applied or refunded as a result of loss or fraudulent activity or if you are not logged in to your Program account at the time of purchase or do not maintain accurate personal information with us, and such benefits or Points will not be reissued.
- Promotional Text Messaging Consent
4.2. If you initially opt out of receiving text messages from the Company but later would like to opt into receiving text messages, you can do so at any time through your Program account or by contacting the Duck Head customer service team at email@example.com.
4.3. Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from the Company or sent on behalf of the Company in order to opt out of the promotional text message program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an e-mail, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.
4.4. You represent and warrant that you are the subscriber and/or the regular user of the telephone number that you provided to us. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Program Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in the Program.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
- Program Termination, Cancellation or Modification
6.1. These Program Terms shall be interpreted and applied to give the Company maximum control of the administration of the Program. All decisions by the Company with respect to the administration of the Program are final and binding.
6.2. The Program and its benefits are offered at our sole discretion. We reserve the right to change, modify, cancel or terminate the Program, its benefits or these Program Terms from time to time in our sole discretion, without notice and without any further obligation to you, even if such actions by us affect the value of rewards or benefits already accumulated or earned and/or your ability to redeem such rewards or benefits. The Company may also, as a courtesy only, send updates via e-mail or notify you that there are updates the next time you make a purchase at a participating location; doing so does not create any obligation for the Company to do so again in the future. If you disagree with any changes, your sole remedy is to cancel your membership in the Program.
6.3. If you decide that you no longer want to participate in the Program, you may cancel your membership at any time by contacting the Company’s customer service team at firstname.lastname@example.org or 1-833-254-7830.
6.4. We reserve the right, in our sole discretion, to terminate any Member’s participation in the Program for any reason, including but not limited to, a Member's failure to comply with these Program Terms or the Terms and Conditions of the Website, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem to be inconsistent with these Program Terms and/or the Program. If your membership in the Program is cancelled by you or terminated by us, you will lose all accrued Points in your account and access to benefits of all Reward Tiers at the time of such cancellation or termination.
- Resale of Products
By signing up for the Program, you expressly acknowledge and agree that you will not offer for sale or otherwise engage in any commercial activity (or permit any third parties acting on your behalf to do so) in relation to any products or services purchased through your Program account or acquired through your participation in the Program. Acceptance of an order by us does not constitute a waiver of our rights under this provision. We may place limits on purchases and reject purchases or orders which we have determined in our sole discretion violate the spirit of this section. If you are suspected of breaching this provision, in addition to immediately suspending your Program membership and shopping privileges with the Company, you agree that the Company may pursue all legal and equitable remedies available against you or anyone acting on your behalf for such breach of contract, including but not limited to, monetary damages, injunctions and/or other remedies. We may, among other things, restrict orders placed by or under the same customer account, the same credit card, Program account, and/or orders that use the same billing and/or shipping address, including orders or related accounts on our affiliates’ websites. We also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. We may modify this policy at any time without prior notice.
- Disclaimer of Warranties; Limitation of liability
Your consent and Agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, are expressly limited as follows:
8.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE PROGRAM TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE PROGRAM TERMS, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE PROGRAM TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8.2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE PROGRAM TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.
8.3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
8.4. YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE PROGRAM TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM AND/OR YOUR BREACH OF ANY OF THESE PROGRAM TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.
- Governing Law; Arbitration; No Class Actions
10.1. GOVERNING LAW. The Program and these Program Terms shall be governed by and construed in accordance with the laws of the State of Georgia and, as applicable, the Federal Arbitration Act, without giving effect to any conflict of law provisions.
10.2. ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND DUCK HEAD, A DIVISION OF OXFORD INDUSTRIES, INC., ITS PARENTS, AFFILIATES, SUBSIDIARIES AND/OR ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE PROGRAM, THE WEBSITE, THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE PROGRAM TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITE CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE GEORGIA STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN ATLANTA, GEORGIA OR, AT DUCK HEAD’S ELECTION, IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
10.3. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE PROGRAM, TO THE WEBSITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE PROGRAM OR THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE PROGRAM TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE PROGRAM OR WEBSITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE PROGRAM TERMS.
- Customer Service
For information about the Program or if you have any concerns regarding your Program account, contact our customer service team via email at email@example.com or by telephone at 1-833-254-7830.