BURTON SNOWBOARDS FIRST CHAIR LOYALTY REWARDS PROGRAM TERMS OF USE

Last Updated: September 23, 2021

MEMBERSHIP

The First Chair Loyalty Rewards Program (“the Program”) is offered by The Burton Corporation “Burton”) to customers making purchases at Burton-owned Flagship stores (“Stores”) (partner stores are excluded) and its online sales channel at burton.com (“Website”). Burton will extend certain perks and privileges as described in more detail herein, and additional offers that may be extended from time to time. These terms of use (hereinafter “Terms of Use”) form the agreement (the “Agreement”) between you (“Member” or “you”) and Burton with respect to the Program. When accessing the Program or the Website, you are also subject to the applicable Website terms of use, including the Burton Website Terms of Use (burton.com/us/en/help/legal-na.html). To the extent there are conflicts between this Agreement and any Website terms of use, this Agreement will control.

MEMBERS' ACCEPTANCE OF TERMS

By participating in the Program, Member agrees to the terms of use, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms of Use and the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Burton reserves the right to disqualify Members who have violated any of the Program Terms of Use.

BURTON’S RIGHT TO CHANGE/CANCEL PROGRAM AND/OR TERMS

Burton reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to First Chair, in whole or in part, or terminate the Program at any time and in its sole discretion, without prior notice. Any changes or modifications will be effective immediately and may be posted to www.burton.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in First Chair following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in First Chair.

MEMBERSHIP ELIGIBILITY

1. Free Membership.​ No purchase is necessary to obtain membership in the Program.
2. Eligibility. You must be age 18 years or older and a resident of the United States within the 50 United States and District of Columbia to be eligible for membership. Membership in the Program is limited to individuals only and is limited to one account per individual. Employees and immediate family members are excluded from Program eligibility.
3. Enrollment. To join in the Program, go to www.burton.com and follow the prompts to create an account and opt into the loyalty program during the account creation process. A Burton.com account is required in order to have a First Chair member account. You may also choose to enroll in any of our Burton Flagship Store locations with the assistance of a Retail Associate.  You will be required to provide the following information in creating an account:
   1. First name, last name, mailing zip code, email address, and password.
   2. Birthday (month, day, year) is optional to receive birthday offers. If you do not provide birthday information you will not receive your Birthday Reward.
   If the user already has a Burton.com account, they are able to opt into the First Chair program by signing into their account and opting into the program by checking the ‘Sign Me Up’ box accessible within the First Chair tab in the account navigation tabs. The Program is void where prohibited by law. Members are entitled to only ​one​ Member Account. Your Points, Rewards, and your account under the First Chair Loyalty Program​ are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others.

4. Online Account Maintenance/Change Member Information. Members must keep their personal information on their burton.com account (the "Account") up-to-date by visiting https://www.burton.com/Account-Preferences
5. Account Access. Once you are a registered user of burton.com, you may view a summary of your Account and First Chair Membership on the Website. After visiting the Website, simply click on the “My Account” section accessible via the link in the header of the Website homepage, log in using your account credentials, and select the First Chair tab within the account page navigation to view First Chair membership details.
6. Member Cancellation. You may cancel your First Chair membership at any time by;
   1. Terminating First Chair Membership within the Loyalty Tab on the Account Page on Website
   2. Contacting Customer Service Online at https://www.burton.com/us/en/contact-us
   3. Contacting a Retail Associate in a Burton Flagship retail location
   Upon cancellation, any unused points accrued in your account will be forfeited and cannot be redeemed and you will no longer be eligible for any Program benefits.

7. Burton Performer Program Participants: Burton Performer Program participants are eligible for Membership in accordance with compliance of all other program eligibility rules as stated above. While Individuals who are part of the Burton Performer Program are eligible for membership, individuals within the Performer Program who are also Program Members will be restricted in the use of their Performer code along with certain membership benefits within the same transaction as outlined in the ‘Program Benefits and Details’ section below.

PROGRAM COMMUNICATIONS

If Member has opted in to receiving marketing communications, Burton may (at its option) communicate with Members about marketing via mail, email and other channels, including about special First Chair promotions, offers, and more. Burton will also use these channels to communicate First Chair member tier status, notify Member when they are eligible for a benefit or Reward (defined below), communicate Program changes and more. Please note that even if you opt out of receiving marketing or promotional communications, Burton may continue to send you non-marketing or non-promotional emails, such as those about transactions, your account, or our ongoing business relations.

DATA PRIVACY

Our Privacy Policy is incorporated into these Terms of Use and also governs your participation in First Chair. Please read the Privacy Policy carefully to understand how Burton collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

See the Privacy Policy at: https://www.burton.com/us/en/help/privacy-na.html

EARNING POINTS

Members will receive rewards points (“Points”) on their First Chair account through Eligible Purchases (defined below) and participation in other special programs and promotional offers that may be announced by Burton or its third-party partners from time to time. When you join First Chair, you will begin with a 0 point balance. Additional terms, requirements and details for earning Points follow.

• Eligible Purchases: Purchases of merchandise and/or services (after promotional offers have been applied, before taxes and shipping charges have been applied and minus returns, refunds or credit adjustments, rounded to the nearest dollar) made at any participating Burton-owned Flagship Store* or online at the Website www.burton.com and www.anonoptics.com (“Eligible Purchases”) count toward member’s point accrual and tier status.
• Unless otherwise stated by Burton in a promotional offer, Members will receive one Point for each one dollar ($1 USD) of Eligible Burton and Anon Purchases (in all instances, number of Points earned subject to change; check back here for details).
• *Participating Burton Flagship Stores locations are: Boulder,CO; Boston, MA; Burlington, VT; Chicago, IL; Denver, CO; New York City, NY; San Francisco, CA; Santa Monica, CA.
• Exclusions from Eligible Purchases:
  • Points will not be awarded on unauthorized or fraudulent purchases. Points will not be awarded if, in Burton’s reasonable opinion, the merchandise or services purchased will be used for resale, transshipment, or commercial use and any Points awarded on such purchases will be forfeited. Additional items may be excluded from Point, tier and Rewards (defined below) accumulation at the sole discretion of Burton.
  • Members earn Program points only on the purchase price of qualifying products if they are logged into their Account on the Website. Calculation of Program points excludes payment by the Member for shipping charges and all taxes, including without limitation, federal, state, and local taxes or use taxes. Program 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 $100 is on sale for $75, a Member will only earn points on the purchase price of $75. Purchases of gift cards, redemption of merchandise vouchers, 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 or (ii) on the Website without a Member being logged onto the Member's Account, are not eligible for Program credit.
• Email Address: A current, valid email address is required for a Member to be able to create an Account and participate in and receive Points in connection with the Program. Member must notify Burton of change of email address by updating Member Account information online.
• Identification at Transaction: Members must identify themselves with their applicable Member Account email address to receive credit and/or perks and privileges for Eligible Purchases made at participating Burton Flagship Stores and on the Website. Specifically, Member must provide the email associated with his/her Membership to the cashier at a participating Store or sign into their online Account before checkout for online transactions in order to receive spend credit and/or benefits.
• Processing of Points: Points accumulated through Eligible Purchases will be processed and awarded to the Member's Account upon final processing of transaction, however timing for issuing points is subject to change.
• Returns: Points earned for a purchase that is then the subject of a single return or refund will remain within Member Account. Points eligible for deduction with multiple or excessive returns, which could impact Member tier and Rewards (defined below) accumulation shall be deducted at the sole discretion of Burton.
• Promotional Offers: Other special programs and promotional offers for earning Points may be made by Burton, its agents or third-party partners from time to time in Burton's discretion. Such offers will also be subject to the terms and conditions specified in the promotional offer.
• Point Balance: Members may view their Point balance at any time by visiting their First Chair Account page.

You are solely responsible for checking your Account regularly to ensure that your Points are properly credited. If you believe that proper credit does not appear on your Account, you should contact us via the https://www.burton.com/us/en/contact-us and then provide any requested documentation to verify your purchase. Burton reserves the right to determine, in our sole and absolute discretion, whether Points should have been posted to your Account and to adjust your Account accordingly. You acknowledge that any such determination by Burton will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT REWARDS HAVE BEEN PROPERLY CREDITED TO YOUR ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW FROM THE PROGRAM.

THE INFORMATION, PRODUCTS AND SERVICES PROVIDED AS PART OF FIRST CHAIR LOYALTY PROGRAM AND ON THE WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS. NEITHER THE BURTON CORPORATION NOR ANY PARTICIPANT, REDEEMING PARTICIPANT OR TRANSACTION PROVIDER WARRANTS THE INFORMATION OR SERVICES PROVIDED AS PART OF THE PROGRAM OR YOUR USE OF THE WEBSITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE, AND EACH OF THE FOREGOING PARTIES EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE BURTON CORPORATION NOR ANY PARTICIPANT, REDEEMING PARTICIPANT OR TRANSACTION PROVIDER WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULT OR COULD RESULT FROM INTERCEPTION BY ANY THIRD PARTY OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE WEBSITE OR THROUGH THE PROGRAM. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE REASONABLY BELIEVE TO BE RELIABLE, NEITHER THE BURTON CORPORATION NOR ANY PARTICIPANT OR REDEEMING PARTICIPANT GUARANTEES THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER THE BURTON CORPORATION NOR ANY PARTICIPANT OR REDEEMING PARTICIPANT SHALL BE LIABLE FOR ANY FAILURE OF THE PROGRAM OR THE WEBSITE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF THE BURTON CORPORATION OR SUCH PARTICIPANT OR REDEEMING PARTICIPANT, AS APPLICABLE.

TIER STATUS

Following initial tier placement, Program tier status is based solely on Member’s total spend on Eligible Purchases (which exclude gift card) and/or point-accruing special offers. Program Tier Structure is as follows:

• Tier 1: Members qualify into this tier with accrual of 0-749 earned points
• Tier 2: Members qualify into this tier with accrual of 750-1499 earned points
• Tier 3: Members qualify into this tier with the accrual of over 1500 earned points

PROGRAM BENEFITS AND DETAILS

In addition to any other requirement and/or limitation that may be communicated to Members at the time a benefit is offered, the following shall apply:

• Access to 2x or 3x point events: Members of all tiers will receive access to promotional events in which the customer is able to accumulate incremental points per purchase. Member must be opted in to receive marketing communications in order to receive notification of when the events will be available.
• Double Points on Donations to Chill: Members of all tiers will receive 2x Points for amounts donated to Chill Foundation. Donations must be made through the  Website or in Stores.
  • For example, if a donation to Chill Foundation is made within a Burton owned property for $50, a Member will receive 100 points to their account.
• Birthday Offer: Members must have a valid birthday on file with Member’s registered Account and be opted in to receive marketing communications. Account must show purchase activity within prior 12 months. Offer valid for eligible Tier 2 & 3 Members Additional terms and conditions may apply.
• Free Express Shipping: Free express shipping is offered to Tier 3 Members valid at burton.com on orders shipping to the continental U.S. and U.S. P.O. Boxes only. Members must be signed in to their Account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. Free express shipping method is dependent upon Member’s tier status and will be automatically applied at checkout. See burton.com for full shipping details. Terms of offer are subject to change.
  • Free express shipping not eligible to be applied to discounted purchases (i.e; promotion, Performer Program)
  • This Benefit is eligible to members with accounts reflecting residency within the continental U.S.
• Early Access to Product Drops: This benefit is offered to eligible Tier 2 & 3 Members and excludes the purchasing of goods with any discount program (i.e; employee & family discounts, Performer Program).
• Special Offers: Special offers may be distributed by email, through SMS or by physical mail. Offer availability will range based upon the offer and benefit, and may be offered to all tiers or may be restricted to certain tier levels at the sole discretion of Burton. You may be required to opt-in and activate special offers. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from Burton and you may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on product or merchandise, or the opportunity to earn Bonus points. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to complete an action verifying your identity in order to redeem special offers. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.

CURRENCY EXCHANGE

Any qualifying purchase you make within an owned Burton property registered to your Account at participating Burton stores will earn one point for every dollar spent. No currency exchange is applied to the value of your purchase for the purpose of determining how many points you have earned.

POINTS

1. General. Points earned by a First Chair Program Member do not have any monetary or cash value and they may not be redeemed for cash or, except under the Program, do not have any cash equivalent. Burton may, at any time and without notice, change the Points earning and redemptions procedures and offerings, including the conversion rate between Points and Rewards.
2. Exclusions. Points accumulated on different Accounts of different Members may not be shared, transferred, combined or aggregated to make purchases of products or for any other reason. Points earned in a transaction cannot be redeemed in the same transaction.
3. Expiration. Points and Rewards will expire as set forth below.

EXPIRATION OF POINTS

Earned points will expire twelve (12) months after issuance on a rolling basis. See Tier Status section above for detail outlining tiers and point qualifiers.

• For example, if a member spends $300 in a transaction as a member on 11/1/21, those points will remain valid until 11/1/22, at which time the 300 points would expire and if no further purchases were made the membership account points would revert back to 0.
• For example, If that same person that spent $300 in a transaction on 11/1/21 in the above example then has another transaction while logged into their membership account for $760 on 12/15/21, that transaction would then result in an accumulated 1060 total points within that member account in turn qualifying their member status into the Tier 2 (750-1499 points earned) earning additional tier-related benefits until 12/15/22, and so forth.
• For example, if a member reaches Tier 3 (1500+ points earned) with a purchase made on 12/1/21, makes another purchase of $800 on 4/3/22 and no further purchases are made, that member would then drop down into Tier 2 (750-1499 points earned)  on 12/2/22 until 4/3/23, at which time the member status would drop down into Tier 1 (0-749 points earned) at 0 points if no other purchases were made.

RIGHT TO REVOKE

Burton reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole opinion of Burton, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud. In the event that Burton cancels your membership or terminates the Program for any or no reason, all Points, Rewards or other benefits earned on your Member account will be forfeited.

NO TRANSFER

Neither Program benefits nor Member accounts may be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Program Points, Rewards and/or benefits have no cash value and are not exchangeable for cash.

TAXES

Member is responsible and liable for any applicable federal, state or local income, sales, use, or other taxes which may result from Member's participation in the Program.

LIMITATION OF LIABILITY

NEITHER WE (BURTON), OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS, ANY TRANSACTION INFORMATION PROVIDER, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, JOINT VENTURES, REPRESENTATIVES OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS ARISING OUT OF OR RELATED TO THE WEBSITE, THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION: (I) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM REWARDS; (II) UNAUTHORIZED USE OF YOUR ACCOUNT, YOUR ID OR ANY PARTICIPANT CARD OR PIN; (III) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM MADE BY AN ISSUING PARTICIPANT OR REDEEMING PARTICIPANT OR ANY OF THEIR SUPPLIERS, OR ANY OTHER PERSON; OR (IV) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF ISSUING PARTICIPANTS OR REDEEMING PARTICIPANTS. THIS APPLIES EVEN IF WE, OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS OR OUR OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, AND THE MAXIMUM LIABILITY OF OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS AND DIRECTORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY DOLLARS ($50.00).

INDEMNIFICATION

Member agrees to indemnify, defend and hold Burton and its affiliates, the issuing participants, the redeeming participants and the transaction information providers (and its and their officers, directors, employees, parent companies, affiliates, joint ventures, representatives and agents) harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to any actual or alleged breach by you of these Terms, including without limitation attorneys' fees and costs. For those matters subject to indemnification by you in which neither Burton nor any of its affiliates is a party, any applicable indemnified issuing participant, redeeming participant and/or transaction information provider may provide input into the defense of such matters, at their own expense. You further agree to cooperate as requested by Burton in the defense of any indemnified claim. You shall not in any event settle any indemnified claim without the prior written consent of Burton. Without limiting any obligation to indemnify and hold harmless, with respect to your obligation to defend, Burton reserves the right, at its own discretion and expense, to assume the exclusive defense (including exclusive control) of any matter that is subject to indemnification by you.

RELEASE

By participating in the Program, you release Burton and its affiliates and the issuing participants, redeeming participants and the transaction information providers from any injury or harm that may arise from participation in the Program.

GENERAL

By joining the Program, you agree to be bound by these Terms. Burton reserves the right to cancel, modify, or restrict any aspect of the Program, including, without limitation, the point conversion ratio and the point expiration policy, at any time. Any changes can be made without advance notice and any such changes would be stated in an updated version of these Terms. Burton may make changes to these Terms even though such changes may affect the Member's ability to use Points already accumulated. You are responsible for remaining knowledgeable about these Terms, so review these Terms regularly. A Member's Points balance, as reflected in Burton records, shall be deemed controlling, conclusive, and correct. Burton reserves the right to determine the amount of Points in any Member's account based on Burton's internal records related to such Member's Account. In the event of an inconsistency between the amount accrued in a Member's Account and Burton internal records, Burton internal records will control. Burton assumes no responsibility for errors caused by incorrect Member information. Your right to transfer Points earned or granted under the Program is strictly limited. The sale of Points is prohibited and may result in the confiscation or cancellation of your Points as well as suspension or termination of your membership, which in each case shall be final and conclusive. Burton may revoke any Member's membership in the Program at any time if such Member engages in abuse of the Program or fails to follow these Terms. 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 Burton program.