GHOST® LOYALTY PROGRAM TERMS & CONDITIONS
Ghostlifestyle.com
Last Updated: July 7, 2023
Welcome to the Ghost Loyalty Program (the “Program”). The Program includes a membership program that allows you to earn points in exchange for certain actions you take as further described herein. The Program is organized by Ghost L.L.C., with a principal place of business at 170 S. Green Valley Parkway #300 Henderson, Nevada, 89012 (“Ghost,” “we,” or “us”). When we refer to “you” or “your” we mean you, the person accessing these terms and conditions (the “Loyalty Program Terms”). These Loyalty Program Terms govern your participation in the Program and by participating in the Program, you agree to be bound by these Loyalty Program Terms. No covenants at law or in equity shall be implied or incorporated, all of which are expressly disclaimed. We have the sole right to interpret and apply the Loyalty Program Terms. By joining the Program you also agree to be bound by our Terms of Use accessible here [https://www.ghostlifestyle.com/pages/terms-and-service].
The Program is offered at the discretion of Ghost and we have the right to terminate the Program, in whole or in part, or to change the rules, benefits, conditions of participation, Tier qualification criteria or points levels, in whole or in part, at any time, with or without notice.
Please read these Loyalty Program Terms carefully.
ELIGIBILITY
To participate in the Program, you must be at least 18 years of age and a legal resident of one of the following: the United States of America, Canada, the United Kingdom, the European Union, or Australia (together, the “Eligible Regions”). If you reside outside the Eligible Regions you may be able to accrue points (as further described herein) but you will not be able to redeem those points for purchases outside of the Eligible Regions.
For an overview of how to join the Program, how to earn points, available rewards, and how to redeem the rewards, please click [https://www.ghostlifestyle.com/pages/loyalty]. For more details, please keep reading below.
JOINING THE PROGRAM
If you meet the eligibility criteria listed above, you can enroll in the Program by signing up on our website located at www.ghostlifestyle.com (the “Website”) or through our mobile app, called GHOST, which can be downloaded from the Apple App Store or the Google Play Store (“Mobile App”). No purchase is required to enroll in the Program. If you create an account on the Website or Mobile App, you will automatically be enrolled in the Program. Only one account is allowed per individual. If you enroll in the Program, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form. All information you provide when enrolling and participating in the Program will be treated in accordance with our Privacy Policy [https://www.ghostlifestyle.com/pages/privacy-policy].
If you wish to leave the Program for any reason, you must delete your account. You may do so by sending an email to support@ghostlifestyle.com. Please include the phrase “Delete my Account” in the subject line.
EARNING POINTS
As a member of the Program, you will be entitled to earn two different types of points: Reward Points and Status Qualifying Points.
You may earn Reward Points by completing various actions such as purchasing products through the Website or Mobile App, redeeming loyalty codes, and referring new customers.
You may earn Status Qualifying Points purchasing certain products through the Website or Mobile App, or by redeeming a code if you receive one with your purchase.
Some of the actions that may be available to you to earn Reward Points and/or Status Qualifying Points are described below. From time to time, we, in our sole discretion, may change, discontinue, or add actions that will allow you to earn points, or change the number of points earned for any action, with or without prior notification to you.
Purchases
You can earn Reward Points and/or Status Qualifying Points by purchasing full-size supplements (only by using the code found inside the tub, not at the point of purchase), apparel, and merchandise on the Website or Mobile App. Purchases for sample packets or sticks will not earn Status Qualifying Points. In our discretion, we may choose not to offer Status Qualifying Points on certain types of purchases, as may be indicated on the relevant product page. Purchases made through any channel other than the Website or Mobile App will not qualify for points (even if you purchase official Ghost products from an authorized retailer). However, certain purchases for supplements may include a redemption code as further described herein, which you can redeem on the Website or Mobile App for Reward Points and/or Status Qualifying Points. If you return purchased items, any points earned from the purchase of those items will be deducted from your point total.
You must be signed into your Program account on the Website at the time of purchase in order to receive the eligible points for your purchases. In the event you are unable to log in or otherwise receive your points, please contact the Ghost customer service team by email at support@ghostlifestyle.com or by phone at +1-844-446-7888 with proof of your purchase in order to redeem the points for your purchases or actions.
Please note that if you submit a code found inside a purchased tub to obtain Reward Point and/or Status Qualifying Points, we may, in our sole discretion, require you to provide evidence that you have a physical copy of the code in your possession and that you obtained that code in an authorized manner—i.e., by purchasing a tub from Ghost or an authorized retailer. If we determine that your entry of any code was unauthorized, or you are unable to provide evidence that you possess or possessed a physical copy of such code, we may refuse to grant any Reward or Status Qualifying Points, and may, in our sole discretion, terminate your Program account and/or prohibit you from participating in the Program in the future.
Badges
You can unlock and collect achievement badges that may earn you Reward Points—and in some cases, Status Qualifying Points—for various actions as further described on the Website and Mobile App. Badges are applicable based on the “as of” date listed in each badge description on the Website and Mobile App.
Refer Friends
By sharing a referral link with your friends, if your friends make a purchase using this link, you will earn Reward Points and your friend will receive a discount off their first order.
EXPIRATION OF POINTS
Your Status Qualifying Points will reset to 0 at the beginning of each calendar year. Please note that each new “calendar year” begins at 12:00am CST on January 1.
If your account is inactive (i.e., you do not earn or spend any points) for at least eighteen (18) months, your Reward Points will expire. Points cannot be transferred between members. Points have no cash value and cannot be exchanged for cash.
The Lifetime Points Earned balance listed in your Account indicates the total Status Qualifying Points you have received since you first opened your Account, and may include expired Status Qualifying Points.
LOYALTY TIERS
The Program has four separate Tiers, as further described below. You can move up through the different Tiers by earning Status Qualifying Points. Reward Points do not affect your Tier; only Status Qualifying Points qualify you for the Tier membership described herein.
Tier 1 - Member is the entry level for members with 0-5,000 Status Qualifying Points. You just need to register for the Program to be part of this level, and no purchase of any products is required.
Tier 2 - Bronze is for members with 5,000 - 12,499 Status Qualifying Points.
Tier 3 - Silver is for members with 12,500 - 24,999 Status Qualifying Points.
Tier 4 - Gold is for members with 25,000 or more Status Qualifying Points.
These Tiers are subject to change at any time, in Ghost’s sole and exclusive discretion. Please check the Website for the most updated information about Tiers.
Members attain a particular Tier status by earning the required number of Status Qualifying Points over the course of one calendar year.
If you are upgraded to a new Tier as a result of acquiring Status Qualifying Points by purchasing products through the Website or Mobile App, we reserve the right to delay this upgrade for a period that is equal to the applicable return period for the purchased product(s).
Once you qualify for the Bronze, Silver, or Gold Tier, your status is valid for the remainder of the calendar year and the entire next calendar year (“Status Period”)—but your Status Qualifying Points will still reset at the beginning of the calendar year as described herein. Your Reward Points are still yours to keep and spend as long as your account has had activity during the last 18 months.
You must meet the requalification requirements, for example maintaining a certain number of Status Qualifying Points, at the end of each Status Period in order to remain at your current Tier. The number of Status Qualifying Points you need in order to requalify for a Tier at the end of your Status Period is equal to the minimum Status Qualifying Point balance needed to enter that level.
If you do not meet these requirements, you will be downgraded to another Tier in accordance with your current Status Qualifying Points balance at the conclusion of the Status Period. Returns can cause you to drop down one or more Tiers. For example, if you return an order or product, the points earned from that purchase will be deducted, which could cause you to drop by that number of points, potentially placing you in another Tier.
REWARDS - LOYALTY TIERS
Entry and progress through each of the above-mentioned Tiers will unlock a set of new rewards for members as further described on the Website.
At certain Tiers, you may receive access to exclusive merchandise and Ghost product launches, in our sole discretion. Please note that not all product launches will be included in the access described herein, and such access is subject to availability.
Silver and Gold Tier status members are entitled to free standard shipping on all purchases made on the Website or Mobile App using points. Gold Tier status members are further entitled to free standard shipping on all purchases made through the Website or Mobile App, including purchases made without using Points. Our standard Terms of Sale [https://www.ghostlifestyle.com/pages/shipping-returns] will also apply.
In some cases, Gold Tier members will receive early access to certain launches that we may make available in our sole discretion. The duration of early access may vary between launches. Our standard Terms of Sale [https://www.ghostlifestyle.com/pages/shipping-returns] will also apply.
Specific rewards (whether products or experiences) are available while supplies last and may be subject to change, discontinuance, limitations, and substitutions by us, at its discretion and at any time without notice. You are not entitled to any damages or other compensation, monetary or otherwise, as a result of any such changes or the unavailability of any reward, activity, or other item associated with this Program.
REDEEMING POINTS
If you reside in one of the Eligible Regions, you may redeem Reward Points for purchases on the Website or Mobile App by logging into your Account and selecting the “Buy With Points” option on the page of the product you would like to purchase. Please note that not all products offered for sale on the Website or Mobile App are eligible to be purchased using Reward Points.
USE OF ACCOUNT
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur using your password or account. The Program is for your personal, individual use only. You must not share your username or password or in any way make them accessible to others. You must immediately inform our customer services team at support@ghostlifestyle.com of any unauthorized use of your password or account or any other breach or suspected breach of security.
You agree that you shall not:
- access, use, reproduce, modify, download, sell, transfer, publish or otherwise make available your membership of the Program for any commercial purposes;
- do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Program;
- attempt to cheat, disable, circumvent, or otherwise fraudulently obtain points or any Tier status;
- abuse your membership of the Program or use it for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through your account or using your account in a manner which is discriminatory, offensive, abusive, malicious, defamatory, or other violates or infringes the rights of anyone else); and
- transfer, sale, or barter (or attempt to transfer, sale, or barter) any of your points, your account or Tier status, rewards, or member-exclusive promotional offers.
TERMINATION; EXPIRATION; CHANGES TO THE PROGRAM
You may cancel your Program membership by sending an email to support@ghostlifestyle.com. Please include the phrase “Cancel My Loyalty Program Membership” in the subject line.
We may cancel your Program membership at any time if we determine that you (a) are ineligible in accordance with the Eligibility Section above, (b) have violated any of these Loyalty Program Terms, any of the Terms of Use, any applicable product Terms of Sale, or any other applicable law or regulation, or (c) engaged in any deception, forgery, fraud or committed any other abuse of the Program.
We reserve the right to revoke some or all of your points or rewards if we determine that you received points or a reward due to an error, through fraud or deception, or in any unauthorized manner.
If you or we cancel your Program membership, you will lose all of your accumulated Reward Points and Status Qualifying Points, and will not be entitled to any compensation or other recourse. If you cancel your membership, you may choose to rejoin the Program by re-registering on the Website or Mobile App. When restarting your Program membership, your previously-earned points will not transfer to your new Program membership.
We may make minor changes to the Program and/or these Loyalty Program Terms from time to time (if, for example, there is a change in the law that means we need to change these Loyalty Program Terms, we add new rewards, add possibilities to earn points, modify Program functionalities or modify the technical environment). Please check these Loyalty Program Terms regularly to ensure that you understand the up-to-date terms that apply to your membership of the Program.
In the event we make any significant, material changes to these Loyalty Program Terms that will adversely impact you, or if we choose to discontinue the Program, we shall provide you with prior notice.
PRIVACY
The information you provide as a member of the Program will be managed by Ghost as described in our Privacy Policy [https://www.ghostlifestyle.com/pages/privacy-policy]. By becoming a member of the Program, you consent to receive marketing, promotions, special events, and other communications from Ghost, its affiliates, and brands. You may unsubscribe from marketing communications at any time. For information on how to do so, please visit our Privacy Policy.
DISCLAIMER AND LIMITATION OF LIABILITY
THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GHOST DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GHOST WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GHOST’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE LOYALTY PROGRAM TERMS AND THE PROGRAM, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED $100.
GOVERNING LAW AND JURISDICTION
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
AGREEMENT TO ARBITRATE
YOU AND GHOST ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THESE TERMS OF USE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
WAIVER OF CLASS ACTION
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR GHOST WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
MISCELLANEOUS
Each of the clauses of these Loyalty Program Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Loyalty Program Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
CONTACTING US
Should you have any questions about these Loyalty Program Terms or the Program you can contact our customer services team by email at support@ghostlifestyle.com or by phone at +1-844-446-7888.
PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE WEBSITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.