Eva Pack Privé Loyalty Program Terms & Conditions

1. Membership & Eligibility

The Pack Privé Program ("Program") is a free rewards program offered by Eva Pet, Inc. ("Eva") to its customers located in the U.S. and Canada. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual. You must be

• A legal resident of the United States or Canada to be eligible for Membership and at least 16 years old (or 18 years old if you are a legal resident of Colorado, Connecticut, Delaware, Maryland, or New Jersey) (“age eligibility”) and

• Must have legal capacity to enter into a binding legal agreement, and if you do not have legal capacity to enter into a binding legal agreement, then your parent or your legal guardian must review and agree to these Terms and Conditions (“legal eligibility”).

BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE YOU HAVE AGE ELIGIBILITY AND LEGAL ELIGIBILITY TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME A PACK PRIVÉ.

PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “LEGAL DISPUTES” SECTION, BELOW.

Eva reserves the right to change or modify any of the terms and conditions contained in the Pack Privé Terms & Conditions, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Eva decides to change these Pack Privé Terms & Conditions, Eva will post a new version on the Sites and update the date set forth above. ANY CHANGES OR MODIFICATIONS TO THESE PACK PRIVÉ TERMS & CONDITIONS, GUIDELINES OR RULES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED PACK PRIVÉ TERMS & CONDITIONS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.

Affiliates of Eva (e.g. Eva Australia) may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in the program of any other Eva affiliate.

2. Membership Tiers; Earning and Redeeming Pack Privé Points

Membership Tiers Generally

There are three tiers of membership in the Program: Pup, Scout and Lead. Achieving Scout or Lead status requires a minimum spend per year, as explained below. All membership tiers enjoy a variety of benefits made available by Eva in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including Rewards (as defined below), special offers, sweepstakes, one of a kind experiences, exclusive events and advance access to products) will be determined by Eva in its sole discretion.

Eva may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.

Pup

All members are automatically Pups upon enrollment. Subject to removal from the Program (as explained in Section 8 below), a member will remain an Pup indefinitely unless the minimum annual spend required to achieve Scout or Lead status is met.

Scout

Scout status is conferred on those registered Pack Privé members who spend a minimum of $500 on fulfilled orders of merchandise during one calendar year (January 1st -December 31st). Scout status is good for the calendar year in which the Pack Privé member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Scout status and does not qualify for Lead status, the member will revert to Pack Privé status.

Lead

Lead status is conferred on those registered Pack Privé members who spend a minimum of $1,300 on fulfilled orders of merchandise during one calendar year (January 1st - December 31st). Lead status is good for the calendar year in which the Pack Privé member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Lead status and does not qualify for Scout status, the member will revert to Pup status.

Pack Privé Points

Under the Program, all three tiers of membership will have 1 Pack Privé point credited to their Puppy Bank for every U.S. or Canadian dollar spent on fulfilled orders of merchandise (as applicable based on country of purchase) (a “Pack Privé Point”).

We may offer bonus points events from time to time and in that circumstance the bonus points offer would apply. Separate terms and conditions will apply to each bonus points offer.

You must provide your Pack Privé registered e-mail address, phone number or digital Pack Privé card to have any Pack Privé Points credited to your Puppy Bank. Pack Privé Points previously credited to your Puppy Bank will be removed if the order that resulted in such points is cancelled.

Any reference to "merchandise" or the value of merchandise in these Terms for purposes of collecting Pack Privé Points includes all Eva products sold online on Evapup.com, in Eva retail stores. It also includes payment for paid in-store services. It does not include payment for e-gift cards, gift cards, ticket purchases for special Eva events, taxes, or shipping.

As part of the Benefits of being a member, your Pack Privé Points may be redeemed for rewards made available by Eva from time to time in its sole discretion (“Rewards”). You are eligible to redeem Pack Privé Points for a Reward if you have enough Pack Privé Points in your Puppy Bank for that specific Reward. The retail value of the Reward does not count toward Eva's free shipping threshold. Rewards can only be redeemed in Eva stores or, if redeemed online on Eva.com, only if shipped to addresses in the US or Canada.

Pack Privé Points themselves have no cash value and can only be redeemed for Rewards. Eva may, in its sole discretion, allow Pack Privé Points to be redeemed for other benefits or items of merchandise from time to time. However, unless expressly permitted by Eva (like with Pack Privé Cash), Pack Privé Points are never redeemable for cash, for another product, for gift cards or for e-gift certificates and Pack Privé Points cannot be used as payment for any in-store paid services.

Pack Privé Point Expiration

It's our hope that you redeem your Pack Privé Points on a regular basis. All unredeemed Pack Privé Points will expire when a program member has not engaged in Pack Privé Point activity associated with that membership account (through purchase or redemption) for 12 months or more. If you have questions regarding the date of your last Pack Privé Point activity or your last purchase, check your Pack Privé page. If you feel Pack Privé Points have been expired in error, please email Customer Service at support@evapup.com for assistance.

In addition, Pack Privé Points will automatically expire if your Membership is revoked or otherwise cancelled for the reasons further detailed in Section 8.

Pack Privé Profile Page

Your Pack Privé profile page is your destination for everything Pack Privé related, including the Benefits associated with your membership tier; your current Pack Privé Point balance or Pack Privé Point activity stored in your “Pup Bank”; your "Dollars Saved" from seasonal promotions and offers; to redeem Pack Privé Points for Rewards and to redeem gifts or access other membership Benefits. Your Pack Privé profile page can be accessed by logging into your online account at www.evapup.com/about-pack-privé.

3. Rewards and the Rewards Market

Generally

Eva may offer Rewards through the Pack Privé Rewards Market from time to time and in its sole discretion. The Rewards Market is where you can browse Rewards and then redeem Pack Privé Points for Rewards with redemption varying from 50 Pack Privé Points to 100,000 Pack Privé Points. Rewards may vary but are typically deluxe product samples, product bundles or experiences. When shopping online at Evapup.com, you can add Rewards to your online basket from the Rewards Market if you are logged into your Pack Privé account. You can also select Rewards from the Rewards Market in store during the checkout process.

All Rewards Market offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited, and you must be a registered Pack Privé in order to redeem Rewards Market offers. Pack Privé members may only redeem one of each Reward per transaction and cannot redeem more than 10 of any one type of Reward per year. Pack Privé Points will be deducted at time of redemption. Rewards are subject to change, alteration, substitution, or termination by Eva in its sole discretion at any time.

All Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for Pack Privé Points, cash, another product, gift card or e-gift certificate unless pursuant to a specific offer from Eva. Eva is not responsible for lost, stolen or damaged Rewards. You are solely responsible for any taxes incurred by you relating to the receipt of Rewards. Rewards can only be shipped to addresses in the US or Canada. Some Rewards may only be available to a resident of the U.S. or Canada. Employees of Eva are not eligible to redeem any Premium Rewards (as defined below). See specific Rewards for any additional terms and conditions.

Redeeming a Reward

Rewards available for redemption in a Eva store do not require a merchandise purchase. Rewards valued at up to 749 Pack Privé Points (“Standard Rewards”) require a minimum merchandise purchase of $25 if redeemed online. To qualify for redemption, your basket must include a merchandise purchase of $25 or more, including discounts and after any cash redemptions are applied. The $25 minimum purchase requirement excludes past purchases, gift cards, gift wrapping, packaging, taxes, and shipping charges. Rewards valued from 750 Pack Privé Points and above (“Premium Rewards”) do not require a merchandise purchase even if redeemed online and are provided with free standard shipping for eligible tier. Premium Rewards redeemed without a merchandise purchase are not eligible for free samples and cannot be used in conjunction with any other promotional codes or promotional discounts during checkout. Always check the details on a Reward to confirm if it is eligible for free shipping.

If your online order is not completed during the same visit, the Rewards will remain in your shopping basket. However, they may no longer be available when you return and complete the order. You are not required to redeem a Reward during checkout. Due to the limited nature of the Rewards, we regret that we are unable to re-ship Standard Rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Premium Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Eva customer service via email at support@evapup.com or visit your local Eva store.

Online Order Cancellation

Because all Standard Rewards redeemed online are shipped with merchandise orders, if you cancel an item from your order and that cancellation drops your Pack Privé Points balance below the required Pack Privé Points to redeem the Standard Reward, you will still receive the Standard Reward as long as other merchandise is being shipped. It is possible your Puppy Bank could have a negative balance if you do not have enough Pack Privé Points in your account because of the item cancellation. If your entire order is cancelled by you, any Standard Reward will not ship because a merchandise purchase is required and the redeemed Pack Privé Points will be re-credited to your Puppy Bank.

Redeemed Pack Privé Points will be re-credited if an order is cancelled by Eva.

Samples and all other promotional items are shipped with merchandise orders only. If part of your order is cancelled, the samples and/or other promotional items in your order will ship with the rest of your merchandise order. If your entire order is cancelled, the samples and/or other promotional items will not ship because a merchandise purchase is required.

4. Certain Tier Benefits and Rewards Explained

Pack Privé Cash Reward

Pack Privé Cash is an instant discount applied to the purchase price of merchandise in exchange for redemption of Pack Privé Points. (The discount is denominated in either U.S. Dollars or Canadian Dollars depending on the country of redemption; no exchange rate is applied.)

Pack Privé Cash is available in two amounts depending on your Pack Privé tier. An instant $10 discount in exchange for redemption of 500 Pack Privé Points is available to all Pack Privé members (regardless of tier) (“Standard Cash Reward”). An instant $20 discount in exchange for redemption of 1,000 Pack Privé Points is available to Lead members only (“Lead Cash Reward”).

The Standard Cash Reward may be used for the purchase of merchandise online at Evapup.com or Canada or used in Eva stores in the U.S. The Lead Cash Reward may be used for the purchase of merchandise online at Evapup.com (with a shipping address in the U.S. (excluding Puerto Rico) or Canada or used in Eva stores in the U.S. and Canada. Pack Privé Cash is not valid on orders shipping outside the U.S. or Canada. Please note that the Pack Privé Cash Reward can only be used in the country where the Pack Privé Points were redeemed. The Pack Privé Cash Reward cannot be applied to gift card purchases, previous purchases, gift wrapping, packaging, taxes, or shipping charges. 

Order subtotal (after all other discounts have applied) to which the Pack Privé Cash Reward is applied must be greater than or equal to the amount of the instant discount. Only one Pack Privé Cash Reward can be applied per transaction.

Return of merchandise purchased with a Pack Privé Cash Reward will be for the price actually paid after applying the instant discount. Neither the Pack Privé Points deducted from your Pack Privé account or the instant discount will be refunded. Exchanges of the same item will be credited for the full transaction value including the amount of the instant discount. Same item exchanges include range exchanges.

Pack Privé Cash is not cash, has no cash value without a purchase and may not be altered, sold, bartered or transferred. Pack Privé Cash can be used with Eva credit card rewards (excluding the current percentage off first purchase rewards), Lead Reward, global promotions where specified by Eva, sample promotions where specified by Eva and Eva employee discounts. The Pack Privé Cash Reward is applied last after all other promotional discounts have been applied. Pack Privé Cash cannot be used on any other promotional offers, discounts or Rewards. The Pack Privé Cash Reward is subject to change, alteration, or termination by Eva in its sole discretion at any time. 

Lead Reward

A Lead Reward is a $75 Reward that is available only to Lead members in exchange for redemption of 2,500 Pack Privé Points, while supplies last. (The $75 is either U.S. Dollars or Canadian Dollars depending on the country of redemption; no exchange rate is applied.) A Lead Reward may then be used online at Evapup.com or in Eva stores in the U.S. (excluding Puerto Rico) and at Eva stores in Canada for the purchase of merchandise only. Please note that the Lead Reward can only be redeemed in the country where the Lead Reward was purchased. Lead Reward cannot be applied to Buy Online, Pick Up in Store or Same Day Delivery.

After points are redeemed for a Lead Reward in the Rewards Market, you will receive a confirmation email within 24 hours notifying you the reward is immediately available in your Pack Privé account to use to purchase merchandise. If you have not received your confirmation email within 48 hours, please contact customer service at support@evapup.com. The Lead Reward value will expire after 90 days from the date of the email. For any merchandise purchase, sign into your Pack Privé account and select to apply the Lead Reward value during online checkout or, if shopping in store, let the Associate know at checkout that you would like the Lead Reward credit to be applied to this purchase. Only one Lead Reward can be used per transaction, the full $100 amount must be redeemed (for purchases of less than $100, any remaining value will be forfeited), and the Lead Reward must be used within 90 days after the date of the confirmation email. Points are not refunded if the Lead Reward is not used within those 90 days. Employees of Eva, are not eligible for Lead Rewards.

If an item from your order purchased with a Lead Reward gets cancelled by Eva because an item is unavailable, you will receive points in the pro-rated value of the Lead Reward. If your entire online order purchased with a Lead Reward is cancelled by Eva, or if you voluntarily choose to cancel your order, you will receive points in the original value of the Lead Reward, and the original Lead Reward will be voided.

 Items purchased with a Lead Reward cannot be returned to Eva stores. Unused and unopened items can be exchanged for the exact same item within 30 days in Eva stores only. Same item exchanges include range exchanges. Items ordered online at evapup.com or evapup.ca with a Lead Reward can be returned by mail. The pro-rated amount paid will be refunded, but the redeemed Lead Reward will not be reinstated to your Pack Privé account. The Lead Reward will be forfeited.

A Lead Reward is not transferable and may not be sold, transferred or assigned to anyone else. Attempts to transfer the Lead Reward may invalidate the Lead Reward. You can always use your Lead Reward to purchase merchandise as a gift for someone else.

Pack Privé Birthday Gift Benefit

All Pack Privé members are eligible to redeem one Birthday Gift per year during the month of their birthday. To view the different Birthday Gift options for your Pack Privé status, please visit the Pack Privé benefits page. The type and number of Birthday Gift options vary by location and may vary by membership tier and between the U.S. and Canada.

To redeem in Eva, provide a Eva Associate with your registered Pack Privé email address. No purchase is necessary when redeeming your Birthday Gift in store. To redeem on evapup.com or evapup.ca, a minimum merchandise purchase of $25 is required, and the Birthday Gift will be available at checkout. In order to qualify for a Birthday Gift, your basket must include a merchandise purchase of $25 or more, including discounts and after any cash redemptions are applied. The $25 minimum purchase requirement excludes past purchases, gift cards, gift wrapping, packaging, taxes, and shipping charges. Contact customer service at support@evapup.com for support in redeeming your Birthday Gift. Substitutions may occur. Valid while supplies last. The Birthday Gift benefit is subject to change, alteration, or termination by Eva at its sole discretion at any time.

Pack Privé Birthday Gifts are for your personal use only. Reselling Pack Privé Birthday Gifts is a violation of these Terms and your Membership may be subject to revocation by Eva if Eva determines you have engaged in reselling activity. No more than 150 Birthday Gifts will be shipped to any one shipping address (or variation of that address) per year including but not limited to residential buildings, office buildings or parcel forwarding companies. Orders that include a Birthday Gift and are sent to a shipping address that has exceeded this limit will be cancelled by Eva.

5. Agreeing to Eva's Privacy Policy & Email

Eva values your privacy. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE AN ELIGIBLE MINOR 16 YEARS OLD OR OLDER, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY EVA'S APPLICABLE PRIVACY POLICY (click here for U.S. and here for Canada) AND OUR WEBSITE TERMS OF USE (click here for U.S. and here for Canada). As is explained in our privacy policies, we use, and retain the information we collect to, among other things, detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate accumulated Pack Privé Points and benefits or to violate these Terms.

7. Communications with Eva: How to Opt Out

By submitting an application for Membership in the Program, you agree (or, if you are an eligible minor 16 years old or older, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Eva. By signing up to join the Program, you will automatically be subscribed to receive Program emails.

If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.evapup.com or www.evapup.ca or by emailing Customer Service at support@evapup.com.

8. Changes, Termination and/or Removal From Program, Account Closure

Program Changes: Eva may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Eva website. For Quebec users: Where required by law, Eva will send you a written notice of these changes, not more than 90 days and at least 60 days prior to the effective date of the change, setting out the amended terms and the date of the coming into force of the amendment. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

Termination or Removal from Program: Eva reserves the right to exclude individuals from the Program, remove Pack Privé Points from a member’s Pup Bank and/or cancel orders that are not consistent with Eva policy in its sole but reasonable discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by Eva) including multiple redemptions of Birthday Gifts by the same individual via different accounts, failure to follow any terms of the Program, including, but not limited to the eligibility requirements, Membership inactivity for more than 12 months, reselling Rewards or Birthday Gifts, any misrepresentation or any conduct detrimental to the interests of Eva not otherwise protected by law may subject members to Membership revocation or deduction of Pack Privé Points obtained through these abusive or manipulative activities, cancellation of orders and will affect eligibility for further participation in the Program. Eva uses a third-party provider to monitor purchases and identify activities that violate the terms of the Program or Eva policy. Eva uses this data to help it make decisions regarding participation in the Program, awarding of Pack Privé Points and order fulfillment. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any Pack Privé Points in your account will automatically expire. Eva reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

Account Closure: If you choose to close your Pack Privé account, you can do so by contacting Eva Client Services or via self-closure. Pack Privé accounts that are closed can be re-opened upon request by contacting Eva Client Services. If you close your Pack Privéaccount, you must agree to the terms of closure:

1. You will no longer be able to log into your account, and the Associate will not be able to check your account in Eva stores.

2. You will forfeit all of your existing Pack Privé Points, tier status, and tier benefits.

3. You will no longer accrue Pack Privé Points on purchases (even if using a Eva Credit Card).

4. You will lose access to your Community account, including the ability to post product reviews, upload photos, participate in Forums/Groups, or answer any product Q&As.

5. You will be opted out of all Eva marketing, including emails, SMS, and push notifications.

6. Any account linked to your Pack Privé account will be unlinked.

7. If you have Auto-Replenish items, any shipment that has not shipped will be canceled and the Auto-Replenish enrollment will end.

Closing your Pack Privé account will not affect open orders, returns, and Paid Service appointments. In addition, if you have the Eva Credit Card, you will be able to continue to use the credit card and check balances on the bank’s website, and you will continue to receive bank rewards for qualifying purchases (but not Pack Privé Points).

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EVA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON EVA'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE AN ELIGIBLE MINOR 16 YEARS OLD OR OLDER, YOUR PARENT OR LEGAL GUARDIAN AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM EVA AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

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