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Brilliant Rewards Terms and Conditions

Brilliant Rewards Membership Rules

Subject to the terms and conditions set forth below (the “Membership Rules”), individuals who create an account at www.charlesandcolvard.com (“Account”) and access and engage with the Brilliant Rewards program (“Brilliant Rewards” or “Program”) can earn points for the purchase of qualifying product and the completion of activities described in the ‘Reward Points’ section of our Website (“Points”). Points are then deposited into the Member’s Account and can be used to redeem rewards (“Rewards”) as outlined in the ‘Reward Points’ section of our Website. In these Membership Rules, “we”, “our” and “us” mean Charles & Colvard, Ltd. and its subsidiaries and affiliates, and “you” and “your” mean each person enrolled on the Website (as defined below) (“Member”).

MEMBERSHIP
1. Free Membership
  No purchase is necessary to obtain membership in the Program.
2. Eligibility
  Membership in the Program is limited only to participating individuals who are at least eighteen (18) years of age and who provide their first name and last name and provide and maintain a valid email address. Membership in the Program is limited to one Account per individual and you agree to only register one (1) Account or identity for the purpose of accruing or earning Points. Any Member or person who tries to use more than one user Account identity in order to obtain more Points shall be disqualified for participation in the Program at our sole discretion. This Program is not targeted towards, nor intended for use by, anyone under the age of thirteen (13) and may not be used by anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18) (or the age of majority as determined by your local laws), you agree that: (i) you have obtained permission from your parent or legal guardian to be a Member of the Program; and (ii) you may only use Brilliant Rewards under the supervision of a parent or legal guardian who agrees to be bound by these Membership Rules. The Program is void where prohibited by law. Employees (and all members of the immediate families and/or households of such employees) of us and our parents, affiliates and subsidiaries are ineligible for the Program.
3. Opening an Account
  You may apply to become a Member of the Program by visiting www.charlesandcolvard.com (the “Website” or “Online”). In order to apply on the Website to become a Member of the Program, you must first be a registered user of the Website and have a username and password for the Website.
4. Access/Change Member Information
  Members are responsible for keeping their personal information on their ‘My Account’ page up-to-date by visiting the Website.
  Once you are a registered user of the Website, the ‘My Account’ link will allow maintenance of both site registration and Program associated information. Charles & Colvard may also obtain change of address updates from other sources such as the U.S. Postal Service but is not obligated to do so. The information you provide as a Member of the Program will be handled according to Charles & Colvard’s Privacy Policy.
5. Online Account Maintenance
  Once you are a registered user of the Website, you may view a summary of your Account on the Website. After logging onto the Website, simply click on the ‘My Account’ link in the header of the Website homepage and change any information on your Account. You may also view your Brilliant Rewards Points balance, transaction history and eligibility for bonus offers on the Website by logging in and clicking on the ‘Rewards Points’ link in the profile navigation.
6. Member Cancellation
  You may cancel your Brilliant Rewards membership at any time. To cancel your membership in the Program, go to the “Rewards Points” tab, select “Profile”, then click the button that says, “Cancel Membership.” You get a message that says, “You are unable to see your points balance and loyalty transactions because you opted out of the loyalty program.” There’s also a button that appears saying “Opt-In”. If you select that button you will be opted-in and all the points you had will re-appear. If you need help with this process, contact Customer Service at 877-202-5467. Upon cancellation, any unused Points accrued in your Account will be suspended and cannot be redeemed unless and until you opt back into the Program. If you cancel your Program membership, Points accumulation ceases immediately; however, you may rejoin the Program and commence Point accumulation at any time by following the registration process in place at that time.

PARTICIPATION; EARNING POINTS

General
Members who access and engage with the Program can earn Points that may be used towards the purchase of qualifying products on the Website. For all Online purchases, you must have an active Account on the Website in order to accrue Points for purchases and other engagement activities. Points and their values are: (a) determined by us at our sole discretion; (b) subject to change without notice; (c) may vary among promotions; (d) are subject to approval; and (e) may be subject to a limit for the amount of Points that may be earned during a defined period and/or for specific actions as determined at our sole discretion. All Points, including but not limited to earning, saving and using, must be used in compliance with these Membership Rules. Points are not transferable, and Points cannot be earned after the Program is terminated, as set forth below. Unless prohibited by law, unused Points are forfeited upon termination of the Program.

Earning Rate

Members earn Points as outlined below when they purchase qualifying products Online if the Member is logged into the Website and has registered for the Program.

Tier 1	1 Point Per Dollar Spent (Purchases <$1500 in 1 calendar year)	Spend $50 Get 50 points (=$1.00)
Tier 2	1.5 Points Per Dollar Spent (Purchases $1501>$3000 in 1 calendar year)	Spend $50 Get 75 points (=$1.50)
Tier 3	2 Points Per Dollar Spent (Purchases >$3001 in 1 calendar year)	Spend $50 Get 100 points (=$2.00)

Tier calculations are done within a 12-month calendar period, beginning January 1st and ending on December 31st. During this time Members must earn all of the Points necessary to maintain membership at a given tier. Should a Member earn enough Points to advance them to a new tier level, those Points will be immediately processed, and the tier level upgraded at that time. All downgrades are processed at the beginning of the next calendar year cycle. For example, if enough Points are earned with holiday shopping in December of year 1 to elevate to the next tier lever, the Member will be advanced and remain in that new tier level for the next calendar cycle (year 2). If no Points are earned before the end of the then-current calendar cycle (year 2), then the Member will be downgraded at the start of the new calendar cycle (year 3). Only Points from purchases (not Points from completion of engagement activities) count towards advancing Members to the next tier. Points expire after twelve (12) months of inactivity. Earning Points from non-revenue generated activities (i.e., engagement activities) will keep your Program Account active. Redeemed Points only affect available balance toward future discounts, not tier level."

Points are rounded up. For example, if you spend $318.50, and you are in Tier 2, you will receive 479 Points. Calculation is as follows: $319 (rounded up) x 1.5 Points per dollar (Tier 2) = 478.5 Points, which is rounded up to 479 Points.

Members can also earn Points by engaging with us and participating in activities as set forth on the Website. Any inquiries regarding Points not correctly deposited must be received by Website Owner within fourteen (14) business days of the date of alleged accrual of Points.

Timing of the Addition of Points to Accounts
Points earned on the purchase of qualifying products or services will be credited sixty (60) days after placement of the qualifying order. Charles & Colvard reserves the right to change the timing for issuing and/or crediting Points.
Exclusions
Brilliant Rewards Members may earn Points only on the purchase price of qualifying products if they are logged into their charlesandcolvard.com Account and have signed up for the Brilliant Rewards Program. Calculation of Points excludes payment by the Member for shipping charges and all taxes, including without limitation, federal, state, and local taxes or use taxes. Brilliant Rewards Points will not be earned on any discounts or other credits offered in connection with a product. For example, if a product that is normally $1,400 is on sale for $750, a Member will only earn Points on the purchase price of $750. Redemption of coupons, and any type of price adjustments, including merchandise returns, are not eligible for Points. All purchases made: (i) by a Member prior to such Member joining the Program, (ii) without a Member being logged onto charlesandcolvard.com, are not eligible for Program credit.
Returns
Points earned for a purchase that is then the subject of a return, refund, returned check due to non-sufficient funds, or other credit will be deducted from the Member's Account in an amount equal to the Points earned for the original transaction, including Bonus Points (if applicable).
Bonus Point Promotions
From time to time, Charles & Colvard may run certain bonus Point promotions. Under bonus Point promotions, Members can earn "Bonus Points" in connection with the purchase of certain products at charlesandcolvard.com. When these products are purchased by a Member, the Member will earn Bonus Points on each product, as specified in the offer. Bonus Point promotions are subject to the terms and conditions of the offer and may be offered at any time at Charles & Colvard’s discretion. If a Member redeems Points towards the purchase of a Bonus Point product and pays a portion of the retail price after the Points redemption, the Member will receive Bonus Points on the leftover retail amount paid by the Member. If a Member redeems Points towards the purchase of a Bonus Point product in an amount equal to the full price of the Bonus Point product, the Member will not earn any Bonus Points.

REDEEMING POINTS
1. General
  Points earned by a Member may be redeemed for products or money off products and are not applied to taxes, fees, shipping and related charges.
2. Points towards Products
  Members can use their Points to reduce the purchase price of a product or to receive a product for free. Each Point a Member redeems will reduce their total purchase price by two cents. Points are not applied to offset taxes, fees, shipping and related charges.
  Points can be redeemed in any combination. For example, if a Member wants to redeem 1,000 Points of 2,753 Points available, the transaction will allow the Member to redeem 1,000 Points and receive $20.00 off the transaction. Redemption of Points towards the purchase of products is subject to product availability.
3. Exclusions
  Points earned in a transaction cannot be redeemed in the same transaction.
GENERAL
1. By joining and participating in the Program, you are agreeing to be bound by: (i) these Membership Rules; (ii) the Charlesandcolvard.com Terms of Use Agreement; (iii) our Privacy Policy; ((ii) and (iii) both as updated from time to time and which are hereby incorporated by reference into these Membership Rules as exhibits); and (iv) the Terms and Conditions and Privacy Policy of Velocita, Inc. d/b/a Zinrelo, which administers this Program (“Program Provider”). These Membership Rules are hereby intended to complement and not limit the Terms of Use Agreement and our Privacy Policy (both as updated from time to time).
2. There are no membership fees associated with the Program. Points accumulated under the Program are promotional and have no cash value.
3. Your Points and your Account under the Program are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Account that is personal to you.
4. With or without notice to you, except where required by law, Charles & Colvard reserves the right to cancel, terminate, modify, or restrict the Program and/or any aspect of the Program, including, without limitation, the Point conversion ratio and the Point expiration policy at any time. Charles & Colvard may make these changes at its sole discretion, even though such changes may affect the Member's ability to use Points already accumulated. We shall not be liable to any Member for any changes in the Membership Rules and/or the Program. If a change occurs, the Member’s continued participation in the Program shall constitute agreement to the changes. Points may expire, subject to applicable law. Members must redeem and use all Points before expiration of the Points or the effective date of termination of the Program.
5. You are responsible for remaining knowledgeable about the Program’s Membership Rules. A Member's Points balance, as reflected in Charles & Colvard’s records, shall be deemed correct. Charles & Colvard reserves the right to determine the amount of Points in any Member's Account based on Charles & Colvard’s internal records related to such Member's Account. In the event of an inconsistency between the amount accrued in a Member's Account as stated on any Member's receipt and Charles & Colvard’s internal records, Charles & Colvard’s internal records will control. Charles & Colvard assumes no responsibility for errors caused by incorrect Member information.
6. Charles & Colvard may revoke any Member's membership in Brilliant Rewards at any time if such Member engages in abuse of the Program or fails to follow the Membership Rules of the Program. Fraud or abuse relating to the accrual of Points or redemption of rewards may result in revocation of membership in the Program and may affect a Member's eligibility for participation in any other Charles & Colvard program. The interpretation and application of the Program's Membership Rules are at the sole discretion and determination of Charles & Colvard.
7. All federal, state and local laws and regulations apply. Taxes on Rewards if any, are the Member’s sole responsibility. Again, Points are not transferable.
8. By participating in the Program, Member agrees: (a) to be bound by these Membership Rules and by the decisions of Charles & Colvard, which are final on all matters pertaining to this Program; and (b) to release, indemnify, defend and hold harmless Charles & Colvard and Velocita, Inc., d/b/a Zinrelo (and their parents, affiliates, subsidiaries, related entities, divisions, distributors, wholesalers, partners, licensees, retailers, sponsors, partnerships, representatives, vendors, contractors, successors, assignees, principals, shareholders, directors, officers, employees and agents, and their advertising, promotion, fulfillment agencies and all other promotional partners) (collectively the “Promotional Partners”) from any liability or claims for damages from: (i) altered, late, lost, damaged, destroyed, inaccurate, defaced, misdirected, mutilated, illegible, stolen, delayed, garbled, misrouted, incomplete entries or human, telephone, computer, online or technical malfunctions (including busy lines and disconnections); (ii) Member’s participation in the Program; (iii) the awarding, acceptance, receipt, use, redemption, misuse, possession, loss or misdirection of any Points or Rewards or preparing for or participation in any related activity; and/or (iv) all damages or injury to persons or property related to use or misuse of the Program. The Program is governed by, and these Membership Rules shall be construed and interpreted pursuant to, the laws of the State of North Carolina without regard to its conflicts of law principles. We, and all entities involved in conducting this Program, reserve the right in their sole discretion to limit participation in the Program, assess varying Point values to Point earning opportunities, and to terminate or disqualify any Member’s involvement in the Program.
9. We and Platform Provider are not responsible for the inability of a Member to accept, redeem and/or use Rewards for any reason, including any third-party's terms and conditions and/or the terms of business and operations for a particular entity. Normal Internet access and usage charges imposed by a Member’s online service shall apply.
10. We reserve the right to modify, suspend and/or terminate the Program, without notice, in whole or in part, in the event of computer, programming, system errors or other issues which are beyond our control and that affect our ability to proceed as intended. If the Program is not capable of running as planned for any reason, including those due to: (a) infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program; or (b) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared), we reserve the right at our sole discretion to cancel, terminate, or suspend the Program without obligation or prior notice.
11. Any attempts by any Member to access the Program via a bot script or other brute-force attack shall result in that Member becoming ineligible and forfeiting any and all accrued points. Any use of automated means, whether programmatic or robotic or the like, to gather Points shall result in a disqualification of the Member from the Program. We, in our sole discretion, reserve the right to disqualify and terminate participation of any Member or other user of the Participating Website found to be: (i) tampering with the operation of the Program or the Participating Website; (ii) acting in violation of the Membership Rules; (iii) violating the terms of use of the Participating Website; (iv) acting in an unethical or disruptive manner; (v) acting with intent to annoy, abuse, threaten or harass us, our representatives or any other Member in any manner related to the Program; (vi) tampering with, altering, or attempting to alter any medium that reflects the amount of Points a Member has accrued; or (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate the medium that reflects the amount of Points a Member has accrued. A Member committing any of the foregoing violations shall, at our sole discretion, forfeit the Points earned from illegal or fraudulent means.
12. LIMITATIONS OF LIABILITY. THIS PROGRAM AND ALL REWARDS ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. We and Platform Provider are not responsible or liable for: (a) incomplete or incorrect information, garbled transmissions, and telecommunications failures or service interruptions; (b) a Member’s use of the Participating Website, Points or Rewards; (c) for typographical, printing or other errors in the offer or administration of the Program; (d) errors, irregularities or failures in: (i) awarding, accumulating, receiving, redeeming or using Points; (ii) advertising; or (iii) accessing the Website or Program; (e) mistakes in or changes to the Membership Rules, the selection, notification and announcement of the Points or the distribution of Rewards; (f) any direct or indirect damage(s), loss(es), expense(s); and/or (g) any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Program or by any technical or human error which may occur in the processing of submissions in the Program. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft of or destruction or unauthorized access to, or alteration of, points or point accruing activities. We are not responsible for any problems, failures or technical malfunction of any online systems, servers or providers, computer equipment, hardware/software, players or browsers, failure of email or points or point accruing activities due to or resulting from technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Member or to any other person's computer related to or resulting from participating or downloading materials in this Program.
14. By participating in the Program, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Membership Rules, and to abide by and comply with these Membership Rules. If any provision of these Membership Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Membership Rules and shall not affect the validity and enforceability of any remaining provisions.
15. These Membership Rules constitute the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. These Membership Rules may not be changed, waived or modified except by us as provided herein or otherwise by written instrument signed by us. These Membership Rules and/or any right, obligation, or remedy hereunder is not assignable, transferable, delegable, or sublicensable by a Member except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Membership Rules or any right or obligation or remedy hereunder in our sole discretion.
16. For information regarding Brilliant Rewards or other questions, Contact Us or call Charles & Colvard Customer Care at 877-202-5467.