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TJX UK Treasure programme full terms & conditions
1. The TK Maxx and HomeSense UK Treasure loyalty programme (“Programme”) is operated by TJX UK, of 50 Clarendon Road, Watford WD17 1TX (registered in England and Wales with company registration number 03094828) (“we/us/our/Promoter”).
2. These terms and conditions, together with our privacy notice which is part of these terms and conditions (a copy of which is available at https://www.bigbrandtreasure.com/index.php) (together the “Terms”) set out the terms of the agreement between us and you as a member of the Programme (“member”) and these Terms govern the use of any Treasure loyalty card (“TLC”), participation in the Programme, the collection and use of the Programme rewards (“Rewards”) by you and any offers associated with the Programme.
3. We can cancel, withdraw or alter the Programme, including the Terms or any individual TLC at any time for business or operational reasons. To get the latest Terms please visit www.bigbrandtreasure.com. Your continued participation in the Programme will be deemed acceptance of the updated Terms. These Terms were most recently updated on 21 July 2017.
4. By signing up as a member of the Programme, you are deemed to accept the Terms in full.
5. The Programme is currently being operated across selected participating TK Maxx and HomeSense stores in the UK. A separate promotion is also being operated across selected participating TK Maxx and HomeSense stores in the Republic of Ireland. A list of the participating stores is available at www.bigbrandtreasure.com (the “Participating Stores”). We reserve the right to trial, add or remove different elements within the Programme which may include making changes to the participating stores.
- How to qualify for the programme
6. To become a member of the Programme, you must be resident in England, Scotland, Wales or Northern Ireland, be aged 18 years or over and have an email address which is your own.
7. To join the Programme, customers are required to collect a TLC from a Participating Store and then register for free online using their desktop, tablet or mobile device. Members will be sent a registration confirmation email following completion of their registration.
8. You must register your TLC at www.bigbrandtreasure.com prior to making your first purchase in order for such purchase to be reflected in your online account for the Programme and to be eligible for automatic entry for any Rewards as per the Terms set out in clauses 34 to 39 below.
9. When registering, members will be asked to create a password to access their online account at www.bigbrandtreasure.com. Registered members are responsible for: (1) choosing a robust and secure password and maintaining the secrecy of such password; (2) all activities that occur on your account; and (3) notifying us of any unauthorised use of your password. You should not give your password to any other person. If a TLC is lost or the holder thinks an unauthorised person has become aware of any security code, password or account number, they should contact our Customer Services team by telephone on +44(0)1923 473561 or email at firstname.lastname@example.org. We shall not be responsible in any way for any losses arising from the unauthorised use of a password or your account as a result of your negligent act or omission. We may refuse an application for membership of the Programme for any reason.
10. The TLC is not transferrable and cannot be copied. It can only be used by the member who is named and registered for the TLC. TLCs shall remain our property at all times and we may, at our sole discretion, with no notice, ask that you return or destroy the TLC. It is your responsibility to notify us of any loss or theft of a TLC by contacting our Customer Services team by telephone on +44(0)1923 473561 or email at email@example.com.
11. The Programme is for personal use by members only. The TLCs may not be used for any business or commercial purpose. If you use the Programme, the TLC and/or a Reward for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. The TLC and/or your online account does not constitute proof of purchase of goods purchased in store or online.
12. You are only entitled to one (1) TLC per person. If we identify that you hold two (2) or more TLCs, we may merge them into one account at our discretion.
13. To make a qualifying purchase under the Programme you must present your registered TLC at the time of purchase at a Participating Store. You will then qualify for automatic entry for a Reward. Should you forget to present your TLC at time of purchase in-store, you may register your purchase at www.bigbrandtreasure.com by signing into your account and adding a receipt within the ‘My Rewards’ section. Where a purchase is made online at www.tkmaxx.com, if the email address which you used to register your online account matches the email address that you used to register for the Programme, your online purchase will be tracked automatically within 7 days.
- Member details and options
14. It is important that you ensure any changes to your personal or membership details are updated on your online account at www.bigbrandtreasure.com. We will not be responsible for any loss of benefits resulting from details being out of date or inaccurate.
15. To opt out of receiving Programme marketing emails select the opt out link at the bottom of any Programme emails you receive from us. To opt out of the Programme, select ‘I want to cancel my account’ within the ‘My Account’ section at www.bigbrandtreasure.com and we will remove you from the Programme. Alternatively you can contact our Customer Services team by telephone on +44(0)1923 473561 or email at firstname.lastname@example.org. We may have to contact you for account administration purposes even if you opt out of marketing.
16. You may choose to cancel your Programme membership at any time. In order to do this, you will be required to sign in to your account and to click on the ‘cancel membership’ link found in the footer of the webpage at www.bigbrandtreasure.com. Cancelling your membership will mean you no longer receive Treasure related emails and your account will cease to be active.
17. The TLC is not a gift card. The benefits provided to members in connection with the Programme are set out in sections 36-39 below.
18. If you act in any way which is deemed by us (acting reasonably) to be fraudulent, inappropriate, misleading or abusive, in breach of the Terms or which brings our reputation into disrepute, then we shall be entitled to cancel your Programme membership and account and request the TLC is returned or destroyed.
19. There is no cash alternative for any Rewards and/or offers that may be made available to you as a result of your participation in the Programme. Rewards and/or offers are non-transferable and non-refundable. Rewards and/or offers can only be earned, held, transferred or redeemed as set out in these Terms or in accordance with your statutory rights. Any other use, award, sale, exchange or transfer of Rewards, or attempt to do so, is a serious breach of these Terms. Any Rewards not obtained and held in accordance with these Terms will be invalid and cannot be redeemed and will be deducted. If they are redeemed, we will, or we will ask the relevant third party supplier to, cancel the relevant Rewards and we may take other appropriate action.
20. Subject to clause 22, neither we (nor any of our group companies) shall be liable to you in connection with the Programme or any Reward or otherwise for any loss or damage that is not foreseeable as a result of our failure to comply with these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract is made, both we and you knew it might happen.
21. Subject to clause 22, our total liability to you in respect of all losses arising under or in connection with the Programme or any Reward, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the value of any Rewards awarded to you during the previous 6 month period in accordance with the Terms hereof.
22. Nothing in these Terms shall exclude or limit in any way our liability (or that of any of our group companies’ liability) for: (1) death or personal injury caused by our negligence; (2) fraud or fraudulent misrepresentation; (3) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (4) defective products under the Consumer Protection Act 1987;or (5) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.
23. You are solely responsible for any personal tax liability that may arise and for any other fees charged by governmental or non-governmental agencies as a result of your participation in the Programme.
- Your personal data
24. By participating in the Programme, you agree that we can collect and use information about you, including your registration details, information about your purchases and other information that you supply for the purposes set out in these Terms. We will not release personal details to any third party for their own marketing purposes. Your personal details will at all times be kept confidential and in accordance with our Privacy Notice, a copy of which is available at https://www.bigbrandtreasure.com/privacy-statement-cookies-policy. For the purpose of the Data Protection Act 1998, TJX UK is the data controller of any personal information you provide to us. Our Privacy Notice (together with these Terms) sets out the information that we will gather on you, how this information will be used and who it may be shared with. You can, at any time after you have consented to receive information set out in this clause 24, opt-out of receiving any and all such information by contacting: our Customer Services team by telephone on +44(0)1923 473561 or email at email@example.com.
25. Your personal details will at all times be kept confidential and only used for the operation and purposes of the Programme as described in these Terms. You accept and acknowledge such usage within the scope of the Programme. Unless you specifically indicate otherwise, we reserve the right to contact you with news, marketing information, promotions and offers after the closing date of a promotion. See https://www.bigbrandtreasure.com/privacy-statement-cookies-policy for our Privacy Notice.
- Use of www.bigbrandtreasure.com
26. On signing up as a member of the Programme you shall be granted a non-exclusive, non-transferable right and licence to use www.bigbrandtreasure.com for the duration of your participation in the Programme. Whilst efforts will be made to keep the website available and accessible at all times, there may be occasions when the website becomes unavailable, for example whilst essential maintenance is carried out. If you access this website from your own device you should be aware that there are certain things that we will not take responsibility for. Certain functions of the website will require you to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but we cannot take responsibility for the website not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left. If you are accessing the website on your mobile phone outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply.
27. You acknowledge that as between us and you, we and our licensors and/or suppliers retain all right, title and interest in and to the original, and any copies, of www.bigbrandtreasure.com and any data, text, information, graphics, profiles, files, images, photos, or any other content or materials on the website and the software underlying the website.
28. You agree not to: (i) modify, port, translate, or create derivative works of the software underlying www.bigbrandtreasure.com (the Software) (ii) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying user interface techniques or algorithms of the Software by any means whatever, or disclose any of the foregoing; (iii) knowingly take any action that would cause the Software to be placed in the public domain.
29. You acknowledge and agree that neither we nor our licensor of the Software shall under any circumstances be liable to you for any loss or damage that is not foreseeable as a result of your use of the Software.
30. You agree that we or our licensors may use the data obtained from your use of www.bigbrandtreasure.com, on an aggregated basis that does not identify you, for the purpose of improving www.bigbrandtreasure.com and the user experience of it.
31. These Terms are governed by English law, and except as stated below are subject to the exclusive jurisdiction of the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you fail to comply with these Terms and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms. All or any part of any term of these Terms that is found to be unfair or unenforceable by a court of competent jurisdiction will be treated as deleted and the remainder of the Terms will continue to govern each of our respective obligations. These Terms are personal to you and no third party is intended to benefit under these Terms.
32. If you have a question or a complaint about the Programme, please contact our Customer Services team by telephone on +44(0)1923 473561 or email at firstname.lastname@example.org.
33. The Programme will be continuously refined with new Rewards, benefits and events added and communicated to members as appropriate provided that we can cancel, withdraw or alter the Programme, including the Terms or any individual TLC at any time.
- This section deals with rewards
34. The Rewards are operated by TJX UK, of 50 Clarendon Road, Watford WD17 1TX (registered in England and Wales with company registration number 03094828) (“we/us/our/Promoter”). The decision of the Promoter in relation to the Rewards is final and binding and no further correspondence will be entered into. The Promoter reserves the right to alter, amend or close any Reward, without prior notice, in the event of unforeseen circumstances. All Rewards (as with these Terms) are governed by the laws of England. The Promoter will collect entrants’ data for the purposes of administering a Reward and to contact entrants about additional promotions and competitions. By claiming a Reward, you consent to your data being added to the Promoter’s database, receiving promotional emails from the Promoter and to the Promoter sharing your data with its authorised third parties for administration purposes. The Promoter will not sell or transfer your data to any other party. All Rewards are subject to availability and the Promoter reserves the right to substitute any Reward with one of equal or greater value for any reason. No cash alternative will be offered for any Reward. Entries made online using methods generated by a script, macro or the use of automated devices or similar methods will be void and you will be disqualified. You may be required to provide documentary proof of your eligibility to claim a Reward (such as proof of age or other eligibility). If you are unable to provide this proof when requested, the Promoter may disqualify you from the Reward and/or withhold the Reward. In order to claim their Reward, the winner(s) must respond to the Promoter's notification email within fourteen (14) days and provide the details requested. The Promoter reserves the right to re-draw and select alternative winner(s) in the event a winner(s) cannot be contacted in a reasonable period of time (to be established at the Promoter’s sole discretion) or where any winner has been disqualified.
35. To participate in Rewards you must be a current member of the Programme, you must be resident in England, Wales, Scotland or Northern Ireland, be aged 18 years or over and have an email address which is your own. We reserve the right to cancel, withdraw or alter any of the Rewards, and any of these Terms at any time.
- Monthly rewards
36. Monthly Rewards will vary each month and may be a combination of gifts, experiences, prize draws and offers including free delivery when you shop online. Full details including promotional periods will be communicated in the monthly newsletter issued on the 1st of each month or as soon as reasonably possible thereafter. MEMBERS WHO MAKE ONE (1) OR MORE PURCHASE AT A PARTICIPATING STORE IN EACH CALENDAR MONTH AND WHO AT THE TIME OF PURCHASE PRESENT THEIR TLC WILL AUTOMATICALLY QUALIFY FOR THE CHANCE TO CLAIM A MONTHLY REWARD. Members in Northern Ireland can enter the Rewards Draw for that month free of charge by registering for participation by calling Customer Services on 01923 473561 following the announcement of details of the Rewards for a particular month.
37. If you forget to show your TLC at a Participating Store at the time of purchase, you will not automatically qualify for the chance to claim a monthly Reward, so you will need to register your purchase on www.bigbrandtreasure.com. Once you have signed in as a member, you can register your purchase under the “Add Receipts” link within ‘My Rewards’. Monthly Rewards are available to members on a first come first served ‘click to claim’ basis. Monthly Rewards and the conditions of their Reward, will be communicated in the monthly newsletter on the 1st of each month (when applicable). We reserve the right to vary the time, date, content and/or order of Monthly Rewards.
- In-store events
38. In-store Events will take place two (2) times during the calendar year at a limited number of Participating Stores in the UK. The content of the In-Store Events may vary but, generally, will include food, beverages, entertainment and competitions. Full details will be communicated in the monthly newsletter issued on the 1st of each month or as soon as reasonably possible thereafter.
39. MEMBERS WHO MAKE ONE (1) OR MORE PURCHASES IN THE 12 MONTHS OF MEMBERSHIP PRIOR TO THE IN-STORE EVENT AT A PARTICIPATING TK MAXX/HOMESENSE STORE AND WHO AT THE TIME OF PURCHASE PRESENT THEIR TLC WILL RECEIVE AN INVITE BY EMAIL TO THEIR NEAREST PARTICIPATING IN-STORE EVENT. Members in Northern Ireland can request to attend an In-Store Event free of charge by registering for participation by calling Customer Services on 01923 473561 following the announcement of details of the In-Store Event. The In-Store Event schedules will be announced in the monthly newsletter issued on the 1st of each calendar month or as soon as reasonably possible thereafter. Members will be required to bring their TLC and loyalty event invitation to In-Store Events to secure entry. We reserve the right to vary the time, date, content and/or order of In-Store Events across the Participating Stores.
- General terms
40. Subject to clause 35, rewards periods for each of the Rewards run from 00:01am on the 1st of each calendar month to 11:59pm on the last day of each calendar month, as follows: 1-31 May, 1-30 June etc.
41. The total number of monthly purchases made by each member can be viewed in their account upon logging in to www.bigbrandtreasure.com.
42. Member entries will be disqualified if the Promoter, reasonably believes that there has been an attempt to manipulate or tamper with the operation of a Reward or the member has not complied with these Terms. Proof of identity may be required by the Promoter. Failure to provide proof of identity may result in disqualification from a Reward and any Rewards provided hereunder.
43. Bulk entries made from trade, consumer groups or third parties or syndicates will not be accepted. Incomplete or illegible entries and entries which do not satisfy the requirements of these Terms in full will be disqualified and will not be counted.
44. For your total confidence, in the case of a prize draw, prize winners will be selected randomly from all valid entries received within 20 working days by PromoVeritas, of Monument House, 215 Marsh Road, London HA5 5NE the independent promotion verification service.
45. Reward claimants' names and counties may be obtained by emailing Customer Services at email@example.com 8 weeks following the end of the relevant Reward month.
46. Please allow 28 days for the delivery of Rewards.
47. Winners may be required to participate in reasonable publicity relating to a Reward and members consent to their details (name and county) and any Rewards which they have won being made available by the Promoter to other members/other third parties where necessary in connection with the Rewards.
48. The Promoter accepts no responsibility for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason.
49. The Promoter will do its best to ensure delivery of the Rewards as stated, but it reserves the right to substitute Rewards of similar or greater value in the event of non-availability of the stated Rewards.
50. Insofar as permitted by law, the Promoter will not in any circumstances be responsible or liable to compensate you or accept any liability for any damage, loss, liabilities, personal injury, death, costs, expenses, disappointment or claims as a result of claiming or accepting any Reward. Nothing shall exclude the Promoter’s liability for death, fraud or personal injury or fraudulent misrepresentation as a result of its negligence. Your statutory rights are not affected.
51. The Promoter shall not be liable for any failure to comply with its obligations in connection with the Programmes and/or a Reward where the failure is caused by something outside its reasonable control, any other circumstances amounting to force majeure or any actions taken by a member otherwise than in accordance with the Terms.