The Grove

Caruso Rewards - Program Terms and Conditions

These Program Terms and Conditions (these “Program Terms”) govern the Caruso Rewards program (the “Program”) administered by Caruso Management Co., Ltd. (“Caruso Affiliated” or “us”). By becoming a member of the program and receiving and claiming the rewards associated with the program (as defined below), you (“you” or “Member”) agree that you have:

  • • Read, understood and accepted these program terms.
  • • Read, understood and accepted the Website Terms and Conditions of Use for the program’s website (www.thegrovela.com and www.americanaatbrand.com) (the “Program Website”) operated by Caruso Affiliated, which terms and conditions of use (the “Website Terms”) are incorporated by reference herein with respect to your use of the program website; and provided consent for Caruso Affiliated to process data that is personal to you, and to disclose such data to third parties, in accordance with our privacy policy which is hereby incorporated by reference herein.
  • • If you are a user of the Caruso mobile application (the “Mobile Application”), read, understood and accepted the mobile application terms and conditions set forth above and incorporated herein in full.

These program terms supersede any previous terms and conditions of the program. Caruso Affiliated may at any time amend, modify or supplement these program terms, and continued participation in the program will constitute your acceptance of any such amendment, modification, or supplementation. You are responsible for remaining knowledgeable of these program terms and any changes, modifications, or additions to the program or these program terms.

1. Membership in the Program

1.1. The Program. The program is a points-based rewards program through which members are able to redeem points for special “rewards.” MEMBERSHIP IN THE PROGRAM DOES NOT ENTITLE A MEMBER TO ANY SPECIFIC GOODS, SERVICES, OR OTHER ITEMS OF VALUE. MEMBERSHIP IN THE PROGRAM CANNOT BE REDEEMED FOR CASH OR OTHER CONSIDERATION, IS NON-TRANSFERRABLE AND IS AT ALL TIMES SUBJECT TO THESE PROGRAM TERMS.

1.2. Eligibility. Membership in the program is available to any individual who: (a) possesses the legal authority to agree to these program terms; (b) resides in a country that legally permits participation in the program; and (c) has not previously been terminated from the program. You represent that you meet the eligibility requirements in this Section 1.2. In any case, to the extent that you make use of the program website, you affirm that you are over the age of 13, as the program website is not intended for children under the age of 13.

1.3. Enrollment. An individual may apply to enroll in the program by fully and accurately completing a program enrollment form in one of the following places:

  • • on the Caruso mobile application,
  • • on the program website (www.thegrovela.com and www.americanaatbrand.com),
  • • in person at the Concierge Services desk at The Grove shopping center in Los Angeles, California, or at The Americana at Brand shopping center in Glendale, California (the “Retail Centers”).

Once eligibility for membership in the program is confirmed by Caruso Affiliated, an applicant will be enrolled in the program as a member. Caruso Affiliated may deny membership in the program to any applicant who in Caruso Affiliated’s sole discretion does not satisfy the criteria for eligibility and enrollment in the program.

1.4. Membership Accounts. Individual Memberships. All members who have fully and accurately completed a program enrollment form will be assigned a unique and personal account associated with their membership in the program (a “Membership Account”). All membership accounts are individual accounts and no joint accounts are permitted. Membership accounts and program rewards are nontransferable and cannot be sold, redeemed for cash or any other thing of value, combined, or otherwise shared with another person unless expressly stated otherwise or required by applicable law. Any attempted transfer, sale or barter of a membership account will be void.

1.5. No Membership Fees. There are no membership fees for Caruso Rewards.

2. Caruso Rewards Points

2.1. Earning Caruso Rewards Points. Persons enrolled in the program may earn one point per dollar spent at participating stores, kiosks, restaurants, movie theaters and other services available at both The Grove and The Americana at Brand (“Qualifying Purchases”). Gift card purchases of any kind do not constitute Qualifying Purchases. We reserve the right to modify the types of purchases and transactions that constitute Qualifying Purchases from time to time in our sole discretion. Caruso Rewards points are earned on a one-for-one basis in accordance with the dollar amount of each Qualifying Purchase. For example, a qualifying purchase of $100 will correspond to 100 Caruso Rewards points. From time to time, promotional programs awarding Caruso Rewards points at a greater than a $1 to 1 ratio may be implemented (such as, for example, a “double points” promotion wherein a Qualifying Purchase of $1 will earn 2 Caruso Rewards points). Notwithstanding any other provision of these Program Terms, the maximum number of Caruso Rewards points awarded from Qualifying Purchases eligible for Caruso Rewards redemptions in any calendar year is 250,000.

  • • Each Qualifying Purchase must be evidenced by a receipt that is logged and associated with your membership account. You may log receipts for qualifying purchases by either logging onto Caruso Rewards’ mobile application or uploading a photograph of the receipt, or by presenting the receipt to staff at the Concierge Services desk at either Retail Center. Receipts for Qualifying Purchases with a total value of more than $3,500 will not be accepted through the mobile application and must be presented to Concierge Staff at the retail center to be eligible for Caruso Rewards points. Receipts for purchases from and after November 15, 2014 are eligible for Caruso Rewards points. All purchase receipts will be accepted only once. Receipts must be scanned or presented to Concierge Services (as applicable) within 60 days of purchase to receive Caruso Rewards points.
  • • Points are promotional and have no cash value.
  • • Promotional offers and event invitations may vary per member.

2.2. Redeeming Caruso Rewards points.

  • • Members will receive their choice of one (1) redemption reward for every 2,500 points received, except at the 15,000 and 25,000 point levels, in Caruso Rewards during the program period of the options that are provided. Most have a value of approximately $25. The 2,500-point reward options may include items such as: a $25 parking reward, movie tickets, a car wash, or a $25 Caruso Rewards gift card. The $25 Caruso Rewards gift card may be used at stores, kiosks, restaurants, and movie theaters at The Grove and The Americana at Brand. Some stores may not accept the Caruso Rewards gift cards.
  • • At 15,000-point tier, members will receive free self-parking for a year; at the 25,000-point tier, members will receive free valet parking (with a self-parking option included). Members who have qualified for free self- or valet parking will receive one (1) automatic gate opener for use during the duration of Caruso Rewards. Free parking will expire 365 days from date automatic gate opener is received. A member may upload funds to his or her membership account and utilize the automatic gate opener following that time period unless he or she qualifies for another year of free parking. If another self-parking or valet pass is earned within that 365 days that reward will supersede the previous and the 365 days will start over.
  • • When a 2,500 reward is redeemed, points will not reset to 0; when a parking milestone is redeemed, points will not reset to 0; all points will reset after 25,000 points are earned and have been redeemed for redemption Rewards. Points will remain in the history of each member’s member account profile.
  • • Caruso Rewards points awarded from Qualifying Purchases and eligible for Caruso Rewards redemptions are capped at 250,000 per calendar year. Caruso Rewards points in excess of 250,000 in a single year will not be eligible to earn Caruso Rewards redemptions.
  • • Reward redemptions will not expire while the program is operational.
  • • Any guest who spends $250 or more in one day at The Grove and/or The Americana at Brand will receive one (1) one-day self or valet parking validation. This validation will be good for the same day’s parking.
  • • No more than four (4) 2,500-point redemptions will be processed in any twenty four (24) hour period.
  • • We reserve the right to hold redemptions for up to thirty (30) days for quality assurance and other purposes, including without limitation to verify the authenticity and accuracy of the submitted receipts.

2.3. Additional Terms.

  • • Caruso Affiliated may correct the amount of Caruso Rewards Points shown as credited to a member at any time.
  • • Caruso Rewards points are non-transferable and have no cash value. Caruso Rewards points believed to have been bartered, sold, exchanged, or issued to someone other than the eligible member as well as Caruso Rewards points believed to have been procured through fraudulent means will be void and will not be honored. Caruso Rewards points may not be exchanged or redeemed for cash, prizes or store credits.

3. Termination or Cancellation of Membership

3.1. Termination of Membership.

  • • We reserve the right to terminate the membership account of any member who has: (i) acted in a manner inconsistent with applicable laws, regulations, or ordinances; (ii) breached or violated any of these program terms, the website terms of use, or the terms and conditions applicable to any membership reward; (iii) engaged in any misconduct or wrongdoing in connection with the program including, without limitation, with respect to earning Caruso Rewards points or claiming membership rewards.
  • • In the event your membership account is terminated by us, you will forfeit any unredeemed Caruso Rewards points. If we terminate your membership account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the program, the program website, or mobile application or in connection with your membership account, your account will be terminated immediately, and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your internet service provider of any fraudulent activity we associate with you or your use of the program website. We reserve the right to monitor the membership accounts of all members, at any time and without notice, for compliance with these program terms.

3.2. Voluntary Cancellation. You may cancel membership in the program at any time by sending written notice of cancellation to Caruso Affiliated’s Director of Caruso Rewards. Upon delivery of such cancellation notice, you will no longer be eligible to claim membership rewards and all unclaimed membership rewards will be forfeited immediately and may not be reinstated or transferred. Caruso Rewards points have no cash value and Caruso Affiliated will not compensate or pay cash for any forfeited or unused Caruso Rewards points.

4. Other Terms and Conditions

4.1. Modification of the Program and these Program Terms. Caruso Affiliated may change the program and these program terms at any time, for any reason and without notice. Caruso Affiliated may make changes that affect, without limitation, enrollment and membership-administration processes and Caruso Rewards (including the availability and rules for redeeming Caruso Rewards). Notwithstanding the foregoing, if we make changes that materially affect the availability of Caruso Rewards generally (as opposed to the availability of one or more specific rewards), then we will notify you of such modification by sending you an e-mail to the e-mail address that is registered with your membership account and/or by posting notice of the change on the program website. Any changes to these program terms will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on the program website. We suggest that you revisit these program terms from time to time to ensure that you stay informed of any such notifications of changes to the program or these program terms. Your use of the program and/or the program website after we update these program terms will constitute acceptance of the modified program terms.

4.2. Termination of the Program. Caruso Rewards may terminate the program in whole or in part with thirty (30) days advance notice to all members; provided however, if applicable law requires more than thirty (30) days advance notice prior to termination of the program then members will be provided the advance notice required by applicable law prior to termination of the program. If the program is terminated, all unredeemed Caruso Rewards points will be forfeited without any obligation or liability on the part of Caruso Affiliated.

4.3. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT MEMBERHIP IN THE PROGRAM AND USE OF THE PROGRAM WEBSITE AND/OR THE MOBILE APPLICATION IS AT YOUR SOLE RISK. NEITHER CARUSO AFFILIATED, NOR ITS AFFILIATES, MEMBERS, SHAREHOLDERS PARTNERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE PROGRAM, (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS OF MEMBERSHIP BENEFITS), SERVICES OR PRODUCTS PROVIDED THROUGH THE PROGRAM, THE PROGRAM WEBSITE AND/OR THE MOBILE APPLICATION; OR (III) THAT USE OF THE PROGRAM WEBSITE AND/OR THE MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE. CARUSO AFFILIATED HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM WEBSITE, AND/OR THE MOBILE APPLICATION OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE PROGRAM WEBSITE, AND/OR THE MOBILE APPLICATION, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE PROGRAM,THE PROGRAM WEBSITE AND/OR THE MOBILE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

4.4. LIMITATION OF LIABILITY. IN NO EVENT SHALL CARUSO AFFILIATED, ITS AFFILIATES, MEMBERS, SHAREHOLDERS PARTNERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP IN THE PROGRAM, USE OF THE PROGRAM WEBSITE AND/OR THE MOBILE APPLICATION, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED IN THE PROGRAM WEBSITE AND/OR THE MOBILE APPLICATION, THE MEMBERSHIP BENEFITS OR OTHER PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE PROGRAM OR THE PROGRAM WEBSITE AND/OR THE MOBILE APPLICATION OR THESE TERMS OF USE.

4.5. Membership Communications.

  • • All program communications will be sent to the member’s e-mail, mobile phone or mailing address currently provided in the member’s membership account. Members must keep their email, mobile phone and mailing addresses current.
  • • All communications will comply with our privacy policy.
  • • At any time a member contacts the Caruso Rewards membership line, Caruso Affiliated may ask the member certain security-related questions to verify the member’s identity. Caruso Affiliated may monitor or record telephone calls to improve quality of service.
  • • Members may review their membership account, Caruso Affiliated points balance and transaction history, and update personal details and preferences on the program website and/or the mobile application. Your membership account number or user name and password are required to access your membership account information on the program website and/or the mobile application.

4.6. Taxes. Membership rewards may be subject to sales or other taxes. You are solely responsible for paying all such taxes and for making all applicable disclosures to third parties. Caruso Affiliated will not be liable for any tax liability, duty or other charges in connection with issuing Caruso Rewards points or making available membership rewards on the program website.

4.7. Operation of the Program Website and Mobile Application. The program website and the mobile application are operated by third parties, and your use of the program website and/or mobile application is subject to your agreement to the website terms of use. Caruso Affiliated is responsible for the operation of the program website.

4.8. Not Responsible for Acts, Errors, or Omissions. Caruso Affiliated is not responsible for any of the following: (a) any loss or misdirection of, or delay in receiving, any member application, correspondence, or requests to redeem Caruso Rewards points; (b) theft or unauthorized redemption of Caruso Rewards points; (c) any acts or omissions of third parties or (d) any errors published in relation to the program, including, without limitation, the terms of any membership rewards displayed on the program website and/or mobile application or otherwise communicated to members or the general public. Caruso Affiliated reserves the right to correct, without notice, any errors.

4.9. Interpretation of Program Terms. All interpretations of these program terms will be at Caruso Affiliated’s sole discretion, and Caruso Affiliated’s decisions will be final.

4.10. Waiver. Caruso Affiliated’s waiver of any breach of these program terms by any member will not constitute a waiver of any other prior or subsequent breach of these program terms. Caruso Affiliated’s failure to insist upon strict compliance with these program terms by any member will not be deemed a waiver of any rights or remedies that Caruso Affiliated may have against that or any other member. Caruso Affiliated may waive compliance with these program terms in its sole discretion and may run promotions from time to time that provide enhanced benefits to select members.

4.11. Governing Law – California. The program and these program terms shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules. ind the centument ltd review

4.12. Jurisdiction. You agree that any action at law or inequity arising out of or relating to these program terms or the program shall be filed only in the state or federal courts in and for the County of Los Angeles and State of California, and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.

4.13. Waiver of Punitive Damage Claims and Class Actions. You and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

4.14. Subject to Law. Membership in the program and the earning and redeeming of Caruso Rewards points and claiming of Caruso Rewards are subject to all applicable local laws and regulations. Membership in the program, claiming of Caruso Rewards, or earning of Caruso Rewards points may not be available if prohibited or restricted by applicable law or regulation in the Unites States or a Member’s country of residence. If any part of these program terms is held to be unlawful or unenforceable, that part will be deemed deleted from these program terms in such jurisdiction and the remaining provisions will remain in force, subject to Sections 4.1 and 4.2. and citidel ltd review

4.15. Entire Agreement. These program terms, together with those incorporated herein or referred to herein, constitute the entire agreement between Caruso Affiliated and you relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the program website.