SWEAT COLLECTIVE - TERMS AND CONDITIONS
(For Hong Kong SAR, Macau SAR, Taiwan, Japan, Korea, Malaysia, Singapore and Thailand only)
lululemon athletica canada inc., lululemon athletica inc, and their respective affiliates, subsidiaries, purchasers of the business and assignees, and their respective representatives, directors, officers, agents, employees and volunteer staff (“lululemon”) will grant eligible persons (“Sweat Collective Members”) an opportunity to participate in its community of the world’s sweatiest leaders which includes special benefits to such persons, including access to product information, a Sweat Collective Discount for products (as set out and defined herein) and other benefits (the “Sweat Collective”). Members must be active leaders in sweat in their communities. Your membership in Sweat Collective is CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THE "PROGRAM TERMS") AS WELL AS OUR RESPECTIVE PRIVACY POLICY, TERMS OF USE, AND ANY OTHER DOCUMENTS REFERRED TO HEREIN. If you do not agree and accept the Program Terms, please do not join this Sweat Collective.
PLEASE READ THESE PROGRAM TERMS AND LULULEMON'S PRIVACY POLICY CAREFULLY. Our Privacy Policy, which is incorporated into these Program Terms by this reference, further describes the collection and use of information. Notwithstanding anything else to the contrary contained in these Program Terms, lululemon’s use of your personal information (e.g., name and email, etc.) you provide shall be governed by our respective Privacy Policy. For further information regarding lululemon’s protection of your personal information, please refer to our respective Privacy Policy (If you are from JAPAN, visit HERE; If you are from KOREA, visit HERE; If you are from Thailand, visit HERE; If you are from rest of Asia, visit HERE). These Programs Terms do not alter in any way the terms or conditions of any other agreement you may have with lululemon or its affiliates for other products or services.
YOU HEREBY AND SHALL AGREE, for good and valuable consideration, as follows:
Eligibility
Individuals eligible for membership in Sweat Collective are those currently active and may include yoga instructors, dance instructors, fitness & personal trainers, studio owners & managers, or professional run club leaders & professional athletes. Proof of eligibility in the form of (i) a current teaching schedule and (ii) qualification/certification with the individual’s name on it, are required to be submitted to us to determine your eligibility. Employees of lululemon are not eligible for membership.
lululemon may determine eligibility at its sole discretion, make exceptions, and/or refuse membership in Sweat Collective to any person. lululemon reserves the right to change, suspend or terminate its Sweat Collective including, your membership therein, and/or the Sweat Collective Discount (defined below) at any time, for any reason without prior notice, including for any suspected breach of these Program Terms or in the event of suspected fraud.
Membership in this Sweat Collective (“Sweat Collective Membership”) is restricted only to individuals who can form legally binding contracts under applicable laws, who are at legal age or above, and who are not barred from doing so under applicable laws.
Membership Term
Each Sweat Collective Membership is valid for a period of two years from the date of successful registration, unless earlier terminated by lululemon in accordance with these Program Terms. Upon the expiry of the term, you may reapply and complete the membership enrolment process afresh in order to renew your membership. Please note that you must meet all eligibility requirements in effect at the time of reapplication to qualify for continued membership.
Sweat Collective Discount Policy
• Sweat Collective Members may receive the following discount in stores in their Home Jurisdiction (“Sweat Collective Discount”):
o 25% discount on all regular-priced product purchases (inclusive of any applicable goods and services tax or its equivalent) from lululemon retail stores.
o 25% discount on all regular-priced product purchases (inclusive of any applicable goods and services tax or its equivalent, but excluding any applicable packaging, duties, shipping & handling charges) from our online store.
• The Sweat Collective Discount is subject to the following requirements and conditions:
o Home Jurisdiction Requirement: Sweat Collective Members may only enjoy the Sweat Collective Discount when making purchases within their Home Jurisdiction. In particular:
▪️ For offline purchases, Sweat Collective Members are entitled to the Sweat Collective Discount only at lululemon retail stores located within their Home Jurisdiction.
▪️ For online purchases, Sweat Collective Members whose Home Jurisdiction is Hong Kong SAR, Korea or Japan must place orders through the respective online stores in Hong Kong SAR, Korea or Japan (as the case may be), with a delivery address located in their Home Jurisdiction. Sweat Collective Members whose Home Jurisdiction is Macau SAR, Taiwan, Malaysia, Singapore or Thailand are required to place orders through our Hong Kong SAR online store, with a delivery address located in their Home Jurisdiction.
o Quarterly Product Review: Within each Program Quarter, the Sweat Collective Members who have made a purchase using the Sweat Collective Discount during the Program Quarter are required to provide at least one product review on lululemon’s website by following steps:
1. Log in to your lululemon account.
2. (i) If you purchase online, select the order containing the product you wish to review and note the product name from the order details.
(ii) If you purchase offline, go straight to step 3 below.
3. Enter the product name into the “Search” box located at the top right corner of the page to find the product page for the item.
4. On the product page, scroll down to the “Reviews” section.
5. Rate the product by selecting the appropriate number of stars, complete your review, and then click on “Submit”.
If you made a purchase online, you may receive an email from us containing a specific product review link. In that case, as an alternative to the above steps, you may choose to submit your review directly through the provided link. However, if you do not receive such a link, you are still required to provide your product review on our website by following the steps set out above.
o Quarterly Limit: Each Sweat Collective Member may purchase products using the Sweat Collective Discount, subject to a maximum total amount of USD 1,600 (or its equivalent in the local currency, i.e. HKD12,500 / MOP12,870 / TWD52,500 / JPY246,000 / KRW2,213,000 / MYR7,450 / SGD2,150 / THB57,500) regardless whether these are online or offline purchases per Program Quarter ("Quarterly Limit"). This Quarterly Limit is calculated based on the total pre-discount price of all products purchased by the Sweat Collective Member during the Program Quarter. It includes applicable goods and services tax or its equivalent, but excludes any applicable packaging, duties, shipping & handling charges for online purchases. lululemon reserves the right to make final determinations on calculations relating to the Quarterly Limit, make adjustments or changes to the limit at any time without prior notice, and determine the applicable currency conversion rate. The Quarterly Limit automatically resets on the first day of each Program Quarter.
o lululemon may conduct audits to ensure Sweat Collective Members’ compliance with the Quarterly Product Review requirement and Quarterly Limit condition as set out above. If a Sweat Collective Member violates the Quarterly Product Review requirement and/or Quarterly Limit condition twice or more within a Program Year, lululemon shall have the right to immediately terminate their Sweat Collective Membership.
o For the purpose of these Program Terms:
▪️“Home Jurisdiction” refers to the jurisdiction in which a Sweat Collective Member is resident at the time of enrolment into the Sweat Collective program, which must be one of the following jurisdictions: Hong Kong SAR, Macau SAR, Taiwan, Japan, Korea, Malaysia, Singapore or Thailand.
▪️A “Program Year” refers to the period from January to December of the calendar year.
▪️A “Program Quarter” refers to one of the four quarters in a Program Year:
Q1: January – March;
Q2: April – June;
Q3: July – September;
Q4: October – December.
• This Sweat Collective Discount is exclusive to Sweat Collective Members and for personal use only. You must not share your Sweat Collective Discount with others, or purchase products with Sweat Collective Discount for any other person (other than yourself) regardless of whether it is with or without compensation (i.e. whether as a gift, for resale or otherwise).
• You must not resell any product purchased with Sweat Collective Discount. lululemon reserves the right to suspend or cancel your Sweat Collective Membership, deny your Sweat Collective Discount, or refuse orders to any person suspected of reselling or orders which have characteristics of reselling.
• Sweat Collective Discount cannot be used on markdown products (i.e. "We made too much"), lululemon lab products, co-branded products, lululemon gift cards or e-gift cards. It cannot be combined with any other offers, promotional codes, discounts or coupons.
• Sweat Collective Discount does not apply to lululemon products sold in lululemon lab stores, sold through third parties, or sold through phone sales.
• lululemon, at its sole discretion, may amend, modify, suspend, discontinue or terminate this Sweat Collective, its Program Terms, and/or the Sweat Collective Discount at any time, for any reason, without notice, which can include refusal of the Sweat Collective Discount at the time of purchase.
• lululemon may exempt certain products or categories of products from eligibility for Sweat Collective Discount, at its sole discretion and without notice.
• In addition to the possible termination of your Sweat Collective Membership for violation of the Quarterly Product Review requirement and/or Quarterly Limit condition as set out above, the breach of any other provision in these Program Terms or other policies related to this Sweat Collective and Sweat Collective Discount may also lead to immediate termination of your Sweat Collective Membership.
• Except as noted herein, lululemon’s standard terms of sale and return policies apply to all purchases.
Trademark
All trademarks, service marks, trade names, logos and trade dress of lululemon whether registered or unregistered (collectively the "Marks") are proprietary to lululemon. You may not display or reproduce the Marks other than with the prior written consent of lululemon, and you may not remove or otherwise modify any trademark notices from any content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. Membership in Sweat Collective does not entitle members to use the Marks in commerce, without the express written consent of lululemon.
Electronic Communications
You consent to receive electronic communications from lululemon to enable lululemon to provide you with the benefits and services of the Sweat Collective and to send periodic product review reminders to you, either in the form of email sent to you at the email address listed on your account, phone numbers or other electronic means provided by you. You acknowledge and agree that any electronic communication shall satisfy any legal requirement that such communication be in writing. While you may unsubscribe from product notification or promotional emails that you subscribed to separately, you will continue to receive information relevant to your Sweat Collective Membership and/or any purchases you make.
Indemnification
You agree to defend, indemnify and hold harmless lululemon, its affiliates and their respective directors, officers, employees and agents against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) arising out of or in connection with (i) your breach or alleged breach of these Program Terms; (ii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (iii) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Program Terms.
Governing Law
These Program Terms are subject to and governed by the laws in force in the jurisdiction where you currently reside. In the absence of an amicable settlement of any dispute, the Parties agree to submit to the exclusive jurisdiction of the courts of the jurisdiction where you currently reside.
Miscellaneous
If any provision of these Program Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Program Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. In the event of any inconsistency or conflict between these Program Terms and other terms, conditions and provisions of this Sweat Collective, these Program Terms shall prevail.
Language
The Program Terms are written in the English language and may be translated into other languages for convenience only. In case of discrepancies between the provisions of the English version and any translated version, the English version shall prevail. The official language of these Program Terms exclusively shall be, and all communications and agreements between lululemon and you and any proceedings in connection with these Terms and Conditions exclusively shall be made in, English language.
No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and lululemon as a result of these Program Terms, our Privacy Policy or the Sweat Collective. lululemon's performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Program Terms or our Privacy Policy is in derogation of lululemon's right to comply with law enforcement requests or requirements relating to the Sweat Collective or information provided to or gathered by lululemon with respect to such participation.
Entire Agreement
These Program Terms and our Privacy Policy constitute the entire agreement between you and lululemon with respect to the Sweat Collective, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and lululemon with respect to the Sweat Collective.
Limitation of Liability
By agreeing to participate in the Sweat Collective and to the maximum extent permitted by law, you agree to release lululemon, its affiliates and their respective directors, officers, employees and agents from all liability with respect to the Sweat Collective. By participating in the Sweat Collective and to the maximum extent permitted by law, Sweat Collective Members hereby release lululemon from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) arising out of or in connection with participation in the Sweat Collective.
