MCFARLANE TOYS STORE COLLECTOR’S CLUB REWARDS PROGRAM

TERMS AND CONDITIONS

(Updated and effective as of May 1, 2024)

 1.      GENERALLY: 

The McFarlane Toys Store Collector’s Club Rewards Program (“Rewards Program”) is a customer loyalty program offered and sponsored by McFarlane Collectors Club Inc. (“Sponsor”) that allows Members (as defined below) to obtain Points (as defined below) for making qualifying purchases and participating in various activities and offers set forth by the Sponsor from time to time, and allows Members to obtain Rewards (as defined below) and other benefits offered under the Rewards Program. The purpose of the Rewards Program is to reward and thank McFarlane Toys Store customers. NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED IN ORDER TO BECOME A MEMBER OF THE REWARDS PROGRAM OR PARTICIPATE IN THE REWARDS PROGRAM AT THE BRONZE LEVEL MEMBERSHIP TIER. YOU ARE NOT REQUIRED TO BECOME A MEMBER OF THE REWARDS PROGRAM IN ORDER TO PURCHASE PRODUCTS FROM SPONSOR. The Rewards Program is offered solely to natural persons who are eighteen (18) years of age or older and meet all of the legibility requirements set forth in Section 3 below. Participation in the Rewards Program is limited to Members of the Rewards Program. The Rewards Program is for personal use only and must not be used by any Member for commercial purposes.

The Rewards Program is offered and effective as of May 1, 2024 (the “Program Start Date”) and shall continue until such time as it is terminated by Sponsor (the “Program End Date”). The period from the Program Start Date until the Program End Date is referred to herein as the “Program Term”.

The Rewards Program is offered solely at the discretion of the Sponsor and Sponsor may modify, amend, change, suspend or terminate the Rewards Program at any time, for any reason, with or without notice, without any liability. That includes, but is not limited to, the right to (a) discontinue or alter membership tiers or structure, (b) change the expiration date or redemption value of Points or Rewards, (c) merge the Rewards Program with another rewards program, or (d) adjust how Points or Rewards are obtained, calculated or redeemed.  

2.       GOVERNING TERMS AND CONDITIONS:

The Rewards Program is governed by (a) these terms and conditions (the “Terms and Conditions”), (b) the terms of use (“Website Terms of Use”) for McFarlaneToysStore.com or such other website utilized by the Rewards Program (collectively, the “Rewards Website”), and (c) the Sponsor’s privacy policy at the Rewards Website (the “Privacy Policy”). These Terms and Conditions are effective as of the Program Start Date set forth above (the “Effective Date”) and shall continue in effect during the Program Term until revised by Sponsor, if applicable. As of the Effective Date these Terms and Conditions supersede any prior version of the Terms and Conditions in effect for the Rewards Program, if any. BY BECOMING A MEMBER OF THE REWARDS PROGRAM OR PARTICIPATING IN THE REWARDS PROGRAM, EACH MEMBER OR PARTICIPANT AGREES TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, AND ANY UPDATES OR REVISIONS THERETO, AS THEY BECOME EFFECTIVE, WITH OR WITHOUT NOTICE OF SUCH UPDATES OR REVISIONS.

3.       MEMBERSHIP ELIGIBILITY: 

To be eligible for membership in the Rewards Program, you must: (a) be a natural person, (b) be eighteen (18) years of age or older, and (d) not become a Member or use the Rewards Program for commercial or business purposes, or to violate applicable laws. Membership is only open to persons who meet each and every one of the above criteria. Eligibility is limited to natural individuals and therefore not open to corporations, LLCs or other business organizations, non-profits, or any groups, clubs or organizations.

4.       HOW TO BECOME A MEMBER:

If you meet each and every one of the membership eligibility criteria described herein, then you may become a Member by visiting the Rewards Website (McFarlaneToysStore.com) during the Program Term and following the directions there to submit all required information. All information provided must be complete and accurate. To join the Rewards Program, you must provide a valid email address. It is your responsibility to keep us updated if your email address changes. To update your email address, please email our customer service team at store@mcfarlane.com. All information submitted at the Rewards Website is subject to, and will be treated in a manner consistent with, the Website Terms of Use and Privacy Policy. If Sponsor determines, in its sole discretion, that the information is incorrect or incomplete, or that you are ineligible for membership, then Sponsor may refuse to grant membership, or may terminate or suspend the membership account.

There is a limit of one membership per membership account (“Account”) and a limit of one Account per person and per email address. Any attempt to obtain (or any collaboration with or assistance of others in an attempt to obtain) more than one membership per person and per email address, whether by using multiple names or multiple email addresses, or via any other means, will result in disqualification from membership and participation in the Rewards Program, and/or suspension or termination of any related membership Account(s). No membership and no membership Account is valid or in effect until such time as the Sponsor has received all information required during the Account registration process on the Rewards Website and confirmed account activation to the potential Member. Once you become a Member, you will be required to type in your email address and password in order to access your Account.

If you wish to terminate your Membership, simply email our customer service team at store@mcfarlane.com. Once your membership and Account is terminated, it cannot be reopened, and all Points in the Account become void, are of no value, and are ineligible for redemption of any kind. In that instance you will not be able to redeem any unused Points or Rewards, will not be able to retrieve previously-awarded Points, Rewards, Membership Tier status, or order history, and will not be able to obtain Points for any future purchases or Activity taken while not a member of the rewards Program, even if you re-join in the future.

5.       MEMBERSHIP TIERS:

From time to time Sponsor may establish different tiers of membership (“Membership Tiers”). Each Membership Tier may be entitled to obtain Points or Rewards, or receive offers or promotions, or otherwise be subject to different terms, from that available to other Membership Tiers. Currently, admission into each Membership Tier is based on the number of Points accumulated by each Member in their Account during a 12-month period starting on the Tier Start Date for the most recent Tier to which you are assigned. The current Membership Tiers are as follows:

(a)  Bronze Level Tier: Accounts that have earned 0 – 499 Points during a 12-month period starting on the Tier Start Date for the most recent Tier to which you are assigned.

(b)  Silver Level Tier: Accounts that have earned 500 - 999 Points during a 12- month period starting on the Tier Start Date for the most recent Tier to which you are assigned.

(c)   Gold Level Tier: Accounts that have earned 1000 during a 12-month period starting on the Tier Start Date for the most recent Tier to which you are assigned.

(d)  Platinum Level Tier: Accounts that purchase this Tier level for US$100.

Membership Tier admission requirements (including Points required) are at the sole discretion of Sponsor, and Sponsor may modify, amend, change, suspend or terminate any or all Membership Tiers at any time, for any reason, with or without notice.

Once you achieve a new Membership Tier status, you will be notified of your new status once it becomes effective. The date it becomes effective, as determined by the Sponsor, is your “Tier Start Date”. Thereafter, you will remain in that Tier for 12 months from the Tier Start Date, unless the Points you earn during that period qualifies you for a higher level Membership Tier. After being in your most recent Tier for a 12-month period, you will be moved to the Tier that matches the total Points you earned during that 12-month period. By way of example, if you are in the Gold Level Tier for 12 months and during that period you earned an additional 500 Points, then at the end of that period you would be assigned to the Silver Level Tier (not the Gold Level Tier) since you earned 500 Points during that 12-month period rather than 1000 Points. The total accumulated amount of Points in your account does not affect the Tier level to which you are assigned. It is based on the Points earned during a 12-month period as described above. Likewise, each time you move to a new Tier level the 12-month period starts anew.

The Platinum Level Tier, or any other paid Membership Tier, is valid for 12 months. If not renewed, you will then be moved to the Tier that matches the total Points you obtained/earned during the 12 month period starting on your most recent Platinum Level Tier Start Date. There are no refunds for paid membership, even if the benefits are not utilized.

6.       HOW TO OBTAIN POINTS:

(a)      Membership in the Rewards Program allows Members to obtain Rewards Points (“Points”) in the manner described herein and subject to specific offers made by Sponsor (“Offers”) which may then be redeemed by the Member as described herein for certain rewards and offers made by Sponsor and its affiliated companies from time to time. Members may obtain points in any manner specified by Sponsor in an Offer on the Rewards Website or on any other website maintained by Sponsor or its affiliated companies, in social media or other media published by Sponsor or its affiliated companies, and on or in packages, toys and other products sold by Sponsor or its affiliated companies. Ways to obtain Points are specified by Sponsor in each Offer, which Offer may be subject to such time limitations and other limitations and restrictions, and Offers may include, but are not limited to, making purchases of Participating Products (as defined below) either from Sponsor, its affiliated companies, or other retailers, participation in Rewards Program activities, referrals, social media posts, the use of in-box redemption codes, and paid yearly membership for a premium Membership Tier. The amount of Points obtained for a purchase or activity may vary by the Membership Tier applicable to the Member. Ways to obtain Points and the amount awarded for each activity or purchase are subject to change, in Sponsor’s sole discretion, with or without notice, at any time and are subject to availability. It is possible to obtain Points without making any purchase of Participating Products or a purchase of any kind.

(b)      “Participating Products” are defined as genuine McFarlane Toys products which are the subject of a special Offer or promotion by Sponsor or one of its affiliated companies, subject to the limitations and restrictions of such Offer or promotion, but only for the duration of such Offer or promotion. Not all Participating Products may be available in all areas. Offers and promotions regarding Participating Products are subject to change, in the sole discretion of Sponsor or its affiliated companies,, at any time, with or without notice.

(c)      To obtain Points by purchasing Participating Products on the Rewards Program Website McFarlaneToysStore.com:

(i)       Sign in to your Account on the Rewards Website and follow the online instructions.  To earn Points, and any associated Rewards/benefits, you must be logged into your McFarlane Toys Store account prior to purchasing a Participating Product. It is your responsibility to determine if you are signed in to your Account before checkout and any purchase.

(ii)      Points cannot be earned retroactively for prior purchases that have already been shipped. Points earned for pre-orders will be pending until your order ships. To obtain Points, the purchase must meet all requirements and limitations of the Offer. No points may be obtained for the portions of any purchase which includes discount codes, tax, shipping, and other fees. Please allow up to ten (10) days after a qualifying purchase has shipped for your Rewards Program account to update to reflect the Points you obtained from the purchase. You can check your orders in the “My Account” Dashboard, monitor your Points total, and see tier status. If you cancel, return, or dispute an order for a refund, your accumulated Points will be reduced in an amount equal to the Points originally earned for that purchase. In the case of a multi-item purchase, which results in a partial return, the accumulated Points in your account will be reduced in an amount equal to the Points originally earned for the returned item(s). If the item is exchanged or store credit given because of damage, the Points earned will remain.

(d)      To obtain Points by purchasing Participating Products at retail locations or other locations other than the Rewards Website, or by engaging in and completing other activities which are the subject of an Offer by the Sponsor or one of its affiliated companies (such as participation in Rewards Program activities, referrals, social media posts, or the use of in-box redemption codes) (each an “Activity”), follow the instructions given by the Sponsor or Sponsor affiliated company relative to the Offer. All actions taken by a Member on third-party social media websites or applications must comply with the applicable terms of use for that website or application.

7.       POINTS EXPIRATION, TERMINATION AND FORFEITURE:

Unless otherwise provided in these Terms and Conditions hereafter, or in the terms and conditions of a future rewards program conducted by Sponsor, or as otherwise provided by Sponsor hereafter in writing, any or all Points accumulated within this Rewards Program are, in Sponsor’s sole discretion, subject to expiration, termination and/or forfeiture in the following instances, and will be void, of no value, and ineligible for redemption of any kind:

(a)  Upon termination of the Member’s Account by the Member or by Sponsor;

(b)  In the event a Member has an Inactive Account. An “Inactive Account” is an Account where the Member has not obtained or redeemed any Points in their Account for a period of twelve (12) Months or more.

(c)   When Sponsor determines, in its sole discretion, that Points were improperly credited, obtained fraudulently or in violation of these Terms and Conditions;

(d)  Upon termination of the Member’s account by Sponsor, in Sponsor’s sole discretion, for any reason, including but not limited to (i) any violation of these Terms and Conditions, (ii) any attempt by a Member, whether acting alone or in concert with others, or encouraging others, to violate these Terms and Conditions or otherwise attempt to commit fraud or undermine the Rewards Program; or

(e)  Upon the expiration or earlier termination of this Rewards Program, whichever occurs first.

8.       POINTS RESTRICTIONS:

Points cannot be combined with any other points, credits, or other offers or promotions outside of the Rewards Program, and cannot be combined with the Points of any other Member. Each Member is solely responsible for ensuring that the Member’s Points are properly credited. Points do not constitute property, do not entitle participant to a vested right or interest, and have no cash value. As such, Points are not redeemable for cash and are not saleable, transferable, or assignable for any reason. Points obtained may not be sold, traded, bartered, auctioned, donated, given away or offered or awarded as a prize in any sweepstakes, contest or other promotion by a Member or any other person or entity other than Sponsor or one of its affiliated companies. Sponsor’s record of total Points will be the official determination of a Member’s Points total at any given time.

9.       HOW TO REDEEM POINTS FOR REWARDS:

As part of the Rewards Program, Members may redeem their Points on the Rewards Website for various products, experiences, discounts, and other items offered as rewards on the Rewards Website, or may chose to redeem Points in order to participate in certain promotions and special offers where redemption of Points is offered as a means of participating (collectively, “Rewards”), provided that they have enough Points to redeem for a particular Reward. The Rewards Website will describe the number of Points required to redeem each Reward. The Points required for redemption for each Reward are subject to change at any time in Sponsor’s sole discretion. You cannot redeem Points for a Reward unless you have accumulated the required corresponding number of Points in your Account.

To redeem Points for a Reward, sign-in to your Account on the Rewards Website. To redeem Points, and any associated Rewards/benefits, you must be signed into your McFarlane Toys Store account at the time of checkout. Rewards/benefits cannot be redeemed or added to an order retroactively. In some instances Points can be redeemed at checkout for a specific coupon code for the Reward you have selected such as a discount, free shipping, or product. Once you get to the checkout screen, you will see your total available Rewards Points. To use your Points, select the Reward you want and follow the online instructions to complete your order/request for the Reward. Please note that you if you do not have enough Points for the Reward, you will not be able to redeem it. The shopping cart should automatically deduct the value of any Rewards coupon from the order. Points are not considered redeemed until the order is successfully processed. Once your order has been processed, the required number of Points for the selected Reward will be deducted from your Account.  All Points must be redeemed by the expiration or earlier termination of this Rewards Program, or by the termination of your Account, whichever occurs first. See Section 7 for all instances in which Points may be subject to expiration, termination and/or forfeiture. Once points have expired, been terminated, or have been forfeited, they are void, of no value, and ineligible for redemption of any kind.

A product redeemed for Points cannot be replaced, returned, or refunded. Coupon codes and Rewards are intended for the sole use of the Member and cannot be transferred to another party. Only one Reward can be redeemed at a time. All Rewards available on the Website are subject to change or removal without notice. Rewards may be available in limited numbers and are only available while supplies last. Sponsor does not guarantee the availability of any Reward for any period of time. Rewards will be redeemed on a "first come, first serve" basis based on when each order for a Reward on the Rewards Website is received and recorded by Sponsor. Once any Reward is no longer available, that Reward will no longer be offered, unless otherwise determined by Sponsor in its sole discretion. No exchanges, returns or refunds on a Reward are permitted for any reason. Sponsor may, at any time and in its sole discretion, add new Rewards for redemption or remove Rewards. In the event that any Reward becomes unavailable, Sponsor reserves the right to substitute an item of equal or greater value in its sole discretion. Rewards are offered “as is” with no warranty or guarantee either expressed or implied by Sponsor. Rewards may be subject to the manufacturer’s standard written warranty for the product/item. Taxes on any Rewards redeemed, if any, are solely the responsibility of the member redeeming the Reward.

The manner of shipping/delivery is at the sole discretion of the Sponsor. All Rewards will ship/deliver to the address associated with your Account. No shipping/delivery is allowed to other addresses or to P.O. boxes. Sponsor reserves the right to require you to complete, sign, and return an affidavit of eligibility and liability and publicity release in order for you to claim a Reward.  In the event of non-compliance, Sponsor may, in its sole discretion, deem you ineligible to receive the Reward.  No responsibility is assumed by Sponsor for any Reward after it has been shipped or in the event it is returned as undeliverable without a forwarding address.

10.     MEMBER COMMUNICATION & PRIVACY POLICY:

By becoming a Member of the Rewards Program, you agree to receive email communications about the Rewards Program, as well as product marketing material from McFarlane Toys Store. You may receive personalized offers, coupons, and other perks based on your tier status. Members may unsubscribe or change newsletter communication preferences at any time via the link in an Sponsor email. Please note, if you unsubscribe from all McFarlane Toys communications, you may no longer receive email updates about Rewards Program benefits, tier status, or new Rewards. All personal information collected in conjunction with the Rewards Program will be collected and used in accordance with the provisions of Sponsor’s privacy policy located at McFarlaneToysStore.com.

11.     GENERAL CONDITIONS:

(a)      McFarlane Collectors Club Inc. d/b/a McFarlaneToys Store, TMP International, LLC d/b/a McFarlane Toys, and their affiliated companies (collectively the “Released Parties”) are not responsible for illegible, lost, late, damaged, incomplete, misdirected, unintelligible, returned, undelivered or postage-due mail, Receipts, Points, emails, text messages or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Rewards Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of the Rewards Program or Rewards Website, or act in violation of these Terms and Conditions, or act in any manner to threaten or abuse or harass any person, or violate Sponsor’s terms of service, as solely determined by the Sponsor, will be deemed ineligible to participate in the Rewards Program and may have their Account terminated by Sponsor in its sole discretion. Released Parties are not responsible for any incorrect or inaccurate information whether caused by users, tampering, hacking, or by any of the programming or equipment associated with or used in the Rewards Program or on the Rewards Website, and assume no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized Rewards Website access. Any use of robotic, macro, automatic, programmed methods of making purchases, engaging in Activity, or obtaining Points will void all such related Points, and may subject the Member to termination of their account. Released Parties are not responsible for injury or damage to Members’ or any other person’s computer or property related to or resulting from participating in the Rewards Program. Should any portion of the Rewards Program be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of the Rewards Program, or submission Activities or Points, or the redemption of Rewards, then Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Rewards Program, and determine and resolve any issues related to submission of Points, or the redemption of Rewards, in its sole discretion. The decisions of the Sponsor are final in all aspects of the Rewards Program.

(b)      This Rewards Program is void where prohibited by law and is subject to federal, state and local regulations.

(c)      These Terms and Conditions shall be governed by the laws of the State of Nevada, without regard to the conflict of laws provisions of such state or any other state.

12.     DISPUTE RESOLUTION:

Unless prohibited by law, by participating in the Rewards Program you agree that: (a) any and all disputes, claims and causes of action arising out of or connected with your Rewards Program membership or participation in the Rewards Program, or any Offer or Reward within the Rewards Program, or any of the terms and conditions of the Rewards Program, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state courts located in the State of Nevada; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Rewards Program, but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages, and any other damages, and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses; and (d) monetary damages are adequate to compensate you for any damages you sustained, and therefore you shall not be entitled to equitable or injunctive relief relative to the Rewards Program. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of any Member or participant and Sponsor in connection with the Rewards Program, shall be governed by, and construed in accordance with, the laws of the State of Nevada without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada. DO NOT BECOME A MEMBER OF THE REWARDS PROGRAM OR PARTICIPATE IN THE REWARDS PROGRAM IF YOU DO NOT AGREE TO THE FOREGOING DISPUTE RESOLUTION PROVISIONS

For information or questions about the Rewards Program or your membership, contact our customer service team via email at store@mcfarlane.com.

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