Collection: Skullcandy Soundlab Rewards Program Terms & Conditions

Published and applicable as of September 5, 2024. Version 1.0

These Terms and Conditions contain a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this warranty. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” carefully. 

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, 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.com/soundlab-rewards.  For more information, please read the terms below.

These SKULLCANDY SOUNDLAB LOYALTY PROGRAM TERMS AND CONDITIONS apply to residents of the United States only.

1 - ELIGIBILITY

To participate in the Program, you must be at least 16 years old and a legal resident in the United States. If you are at least 16 years old but under the age of 18 (or the legal age 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, Skullcandy employees, and Tax Exempt Accounts 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.com/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:
 

- Free Shipping:  This benefit entitles eligible members to free standard shipping (when offered, based on an order’s value) on all orders shipping to the continental U.S. only, excluding P.O. Boxes. Large products like Barrel and Stomp speaker families will not qualify for free shipping due to a large parcel shipment fee.  Members must be signed into their Skullcandy.com account at the time of purchase.  This benefit cannot be applied to previous purchases and cannot be redeemed for cash. Skullcandy reserves the right to change the minimum order value necessary for members to receive and redeem this benefit. 

- 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 - As a member of the Program, you will earn points (“Points”) for purchases that you make on Skullcandy.com, including regular and sale priced merchandise.  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. 

From time to time, Skullcandy, in its sole discretion, may change, discontinue, or add interactions by which members can earn Points and the number of Points earned, with or without prior notification to members. 

Members must be logged into their Skullcandy.com 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.com 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.com 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

All Points earned by members and credited to their account will expire 12 months after the points have been added to the Members Accounts, unless Skullcandy explicitly states otherwise. For example, points rewarded on December 1^st, 2024 will expire on December 1^st, 2025. 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.com 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.

Once the Points have been converted into redemption reward dollars, the Member has 12 months to redeem them. After 12 months the redemption dollars and reward discount will expire.

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

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 (a) you are not eligible for it within the confines of clause 1 above; (b) you have violated any of the provisions of these terms and conditions; or, that (c) you have committed any deception, tampering or fraud, or any other abuse of the Program. 

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 (a) are ineligible, (b) have not used your account for more than 24 months, (c) violated any term or condition of the Program or any applicable law or regulation, or (d) 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 give you notice by posting the revised Terms here.  The changes will take effect on the “Last Updated” date shown in the Terms.  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.com/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 - APPLICABLE LAW

Venue and Choice of Law

These Terms are governed and interpreted pursuant to the laws of the State of Utah, United States of America, without reference to its provisions concerning conflicts of law.

Without limiting the arbitration agreement set forth below, you agree that any action of whatever nature arising from or relating to these Terms and Conditions, or the Program will be filed only in the state or federal courts located in the Park City, Utah, County of Summit.  You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

12 – Privacy and Consent to Marketing

By becoming a member of the Program, you consent to receive marketing communications from Skullcandy.  You may unsubscribe from marketing communications at any time.  For information about how to do so, please visit our Privacy Policy.  By unsubscribing from marketing communications, the unsubscribed Program member will no longer receive marketing communications related to the Program. 

13 – Financial Incentives 

Skullcandy does not typically assign monetary value to consumers’ personal information; in general, no additional personal information is collected on Program members as compared to other Skullcandy customers, other than points that Program members earn or redeem. Any financial incentive we receive from the Program under the California Consumer Privacy Act is related to what you spend.  We also incur expenses when honoring your points.  The amount of our expense will depend on your participation in the Program, including your total spend, and your Program level.

14 – 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 POSSIBLIITY 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. 

15 – 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.  

16 – Binding Arbitration AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR TRANSACTION AND/OR PURCHASE OF PRODUCT(S) FROM THE WEBSITE(S), INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF SUCH PRODUCT, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.

To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and Skullcandy, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point Skullcandy will cover all additional administrative fees and expenses. Skullcandy waives its right to recover attorneys’ fees in connection with any arbitration under these Terms of Use. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.

The dispute will be governed by the laws of the State of Utah, USA. The place of arbitration will be Summit County, Utah, or your county of residence (if in the United States). The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor Skullcandy nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and Skullcandy.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. SKULLCANDY AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

EXCEPTIONS TO BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify Skullcandy in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to Skullcandy at 6301 N. Landmark Dr., Park City, UT 84098, Attn: Legal Department; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver. In addition, you may pursue an individual claim in small claims court in your county of residence or in Summit County, Utah. In such case the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver” will not apply, but the rules and limitations of the small claims court shall apply.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with Skullcandy.  

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR SKULLCANDY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

17 - 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.