Terms & Conditions for adidas Creators Club
Welcome to the adidas membership program, the Creators Club (the “Club”). The Creators Club is organised by adidas New Zealand Limited (Company No. 592765), whose registered address is Adidas House, Building C, Level 1, 600 Great South Road, Greenlane, Auckland, 1051, New Zealand (“adidas,” “we,” or “us”). When we refer to "you" or "your" we mean you, the person accessing these terms and conditions (the “Terms”). These Terms govern your participation in the Club and by participating in the Club, you agree to be bound by these Terms. By joining the Club you also agree to be bound by our website terms and conditions, accessible at https://www.adidas.co.nz/help-topics-terms_and_conditions.html ("Website Terms and Conditions”) , and if you are using our official mobile application, the terms and conditions of that application (“App Terms and Conditions”).
You consent to us collecting, using, processing and disclosing your personal data in connection with your Club membership according to our Privacy Statement (as may be updated from time to time). Our Privacy Statement can be accessed at https://www.adidas.co.nz/help-topics-privacy_policy.html.
Please read these Terms carefully.
To participate in the Club, you must be at least 16 years old and a legal resident of New Zealand. If you are at least 16, but less than 18 years old (the age of majority in New Zealand), you must also have the consent of your parent or guardian before enrolling in the Club and your parent or guardian must read and agree to these Terms. By enrolling and participating in the Club, you confirm that you meet these eligibility requirements.
For a high-level summary of how to join the Club, how to earn points, available rewards and how to redeem the rewards, please visit https://www.adidas.co.nz/creatorsclub. You may also visit our FAQ section on the Club by clicking https://www.adidas.co.nz/contact.html. For more details, please keep reading below.
2. JOINING THE CLUB
If you meet the eligibility criteria above, you can join the Club by filling out a registration form on https://www.adidas.co.nz, on the adidas mobile app or in adidas retail stores. No purchase is required to join the Club. Only one account is allowed per individual. If you join the Club, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form.
3. EARNING POINTS
As a member of the Club, you will earn points for purchases (except whilst using or purchasing gift cards) that you make on the New Zealand-version of our official website https://www.adidas.co.nz (the "Website"), the New Zealand version of our official mobile application (the "App") or in participating adidas retail stores in New Zealand, as set forth in Annex A to these Terms (the "Stores") (together, the "Eligible Channels"). For every $1 spent you will earn 10 points.
Purchases include purchases of regular and sale priced merchandise. Purchases at stores other than the Eligible Channels will not qualify for points (even if you purchase adidas products). If you return purchased items, the points earned by those items will be deducted from your points total.
In addition to earning points for purchases, you can also earn points for certain interactions with us. The number of points available will be as set out at https://www.adidas.co.nz/creatorsclub. These include but are not limited to:
- Welcome bonus: When you first successfully register as a member of the Club, we will automatically credit your account with points to thank you for joining.
- Profile bonus: If you submit a complete profile on the App or Website then you will be awarded additional points. This profile bonus can only be earned once. Subsequent changes to your profile will not be awarded points, unless explicitly stated by us at that time.
- Product reviews: You can earn points by posting a review of adidas products on the Website or App. You hereby consent to your product reviews being publicly viewable. You may only be awarded points for a maximum of 10 reviews per calendar year. For the avoidance of doubt, you are free to determine the content of your review provided that you comply with Customer Ratings and Reviews terms and conditions presented to you when submitting your review.
- Birthday bonus: You may be eligible for bonus points on your birthday based on your tier. This will be automatically credited to your membership account. Birthday bonus points will be awarded only once during a calendar year.
From time to time we may, in our sole discretion, change, discontinue, or add interactions where you can earn points and change the number of points earned, with or without prior notification to you.
You must provide your adidas membership identification (email address or membership ID) in the Stores, or be logged into your adidas account on the Website or App to receive the eligible points for your purchases or interactions. In the event you are unable to receive eligible points due to not being logged in or your identification not being accepted as proof, you may contact the adidas customer services team (https://www.adidas.co.nz/contact.html) with the required proof to redeem the points for your purchases or interactions. Thereafter, we will not accept any further requests for point redemptions.
We will not be liable for any delay or omission in the crediting of points to your account for any reason whatsoever, including but not limited to technical faults, and inaccurate and/or incomplete information submitted by you.
Existing adidas account holders can start earning points from the day they have been migrated to the Club, and no prior transactions or interactions will be eligible for points. New members will start earning points from the date they register for the Club, and no prior transactions or interactions will be eligible for Points save that when you have provided your email address (for the purpose of being contacted in relation to Club membership) in our Stores whilst making a purchase and you subsequently join the Club, we shall award you the points for that purchase to your Club membership. Membership start dates for the Club may vary for members depending on their account type.
4. EXPIRATION OF POINTS
The Club points will remain valid for 12 months. This period will always finish at the end of the month. For example, if you earned points on June 9, 2019, they will expire on June 30, 2020, unless adidas explicitly states otherwise. Points are not transferable between members. Points have no cash value and cannot be exchanged for cash.
5. CLUB TIERS
Creators Club has four separate tiers. You can progress through the different tiers by earning points.
Challenger is the entry-level tier for members with 0-999 points. You only need to register for the Club to be part of this tier and no purchase is required to be part of this tier.
Playmaker is tier 2 for members with 1,000 – 3,999 points. Game-Changer is tier 3 for members with 4,000 – 9,999 points. Icon is tier 4 for members with 10,000 points and above.
You can climb to the higher tiers of Playmaker, Game-Changer and Icon by accumulating the required number of points mentioned above within 12 months of the end of the month of registration or current tier entry (the “Membership Year”). Certain tier upgrades will take 30 days from the time you earn the qualifying points to take effect.
You may also be downgraded by one tier (or multiple tiers depending on the number of points) when you return an order/product and those points for such order/product are deducted from your account.
6. TIER REQUALIFICATION
The requalification period starts on the date you reached a new tier and ends 12 months later, always at the end of the month. Points earned after your last tier entry will accumulate towards requalification points. The number of points required for you to requalify for your current tier is equal to the minimum point balance needed to enter that tier.
After a tier upgrade your requalification points will be set to 0.
If you do not earn enough points for your tier within the requalification period, you will be downgraded. This will take place after the last day of the requalification period, always at the end of the month.
The corresponding tier to which you will be downgraded is the next lower tier, irrespective of the number of qualification points that you have accumulated by this date.
If you are downgraded, your new requalification period will start on the exact date of your downgrade and end 12 months later at the end of the month, unless you upgrade during this period. After a tier downgrade your requalification points will be set to 0. If you do not earn enough points for your tier within the requalification period, you will be downgraded. This will take place after the last day of the requalification period, always at the end of the month.
Entry and progress through each of the above-mentioned tiers will unlock a set of new rewards for members as set out here https://www.adidas.co.nz/creatorsclub.
You will have access to the rewards in your current tier and the tiers below them. For example, a Game-Changer will have access to the rewards from the Game-Changer tier as well as Playmaker and Challenger tiers (except for the lower tiers’ entry discount vouchers).
The list of rewards and the number of points required for redemption are determined by us in our sole discretion. We reserve the right to change the number of points required for redemption of a specific reward. The rewards offered are subject to availability. To the maximum extent permitted under applicable laws, we do not make any warranty or representation on any products or services offered as the rewards.
Certain rewards will be conditional upon you agreeing to separate terms and conditions applicable to that reward which will be made available to you when redeeming that reward. In addition, the following terms and conditions apply to the following specific rewards which may be offered under one or more of the tiers:
- Discount Vouchers: These are single use discount vouchers that are unlocked when you enter a new tier. These will have limited validity periods and maximum discount values of which details will be communicated to you on receipt of the discount vouchers. Certain product exclusions may apply. These discount vouchers may not be combined with other promotions or discounts.
- Early access to product launches: You will get early access to certain adidas product launches. These will exclude Hype product launches and is subject to pre-allocated stock availability for members.
- Runtastic premium subscription: You will get a one-year subscription to Runtastic Premium. For the avoidance of doubt, the subscription may be revoked if when returning an order this results in a tier downgrade.
- Early access to sales: You may receive early access to certain sales that we make available. The duration of early access may vary between sales and could also depend on which tier you are in at the time of the sale. Our standard terms and conditions for sales 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 our discretion and at any time without notice.
8. 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 under your password or account. The Club is for your personal use only. You must not share your adidas membership identification and/or password or in any way make them accessible to others. You must immediately inform the adidas customer services team (details set out below in Clause 13) of any unauthorised use of your password or account or any other breach of security. Any losses incurred or sustained by you in transmitting your personal information using your account shall be borne by you, and in no event shall any such losses in whole or in part be borne by us.
You agree that you shall not:
- access, use, reproduce, modify, download, sell, transfer, publish or otherwise make available your membership of the Club for any commercial purposes;
- impersonate any person or falsely state or otherwise misrepresent your affiliation with any person or entity;
- do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Club;
- use your account and/or your membership of the Club for illegal purposes;
- gather and use the information and/or particulars posted or transmitted through your account, or otherwise via your membership for unsolicited advertising or unauthorised purposes;
- abuse your membership of the Club or use it for any unlawful or unauthorised purpose (which include transmitting any computer viruses through your account or using your account in a manner which is discriminatory, offensive, abusive, malicious, defamatory or otherwise violates or infringes the rights of anyone else); and/or
- transfer, sale or barter (or attempt to transfer, sale or barter) any of your rewards or member exclusive promotional offers.
9. TERMINATION; EXPIRATION; CHANGES TO THE CLUB
You may cancel your Club membership at any time by logging in to your account on the Website or App.
We may cancel your Club membership at any time, at our sole discretion, if we determine that you (a) are ineligible in accordance with Clause 1 above, (b) have violated any of these Terms, any of the Website Terms and Conditions, any of the App Terms and Conditions, any applicable product terms of sale or any applicable law or regulation, or (c) engaged in any deception, forgery, fraud or committed any other abuse of the Club or of your membership thereto. Membership will terminate immediately upon a member’s death.
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 manner not authorised.
If you or we cancel your Club membership, you will lose all your accumulated points. If you cancel your membership, you may choose to rejoin the Club by registering on the Website or the App. When restarting your Club membership, your previously-earned points will not continue to your new Club membership.
To the fullest extent permitted by law, our decision on all matters and disputes concerning the Club and your membership shall be final and binding.
We may make minor changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms), by posting an updated version of the Terms https://www.adidas.co.nz/terms-and-conditions-creators-club.html. Please check https://www.adidas.co.nz/terms-and-conditions-creators-club.html regularly to ensure that you understand the up-to-date terms that apply in relation to your membership of the Club. By continuing to use your membership after an updated version of the Terms is posted on https://www.adidas.co.nz/terms-and-conditions-creators-club.html, you will be deemed to accept the changes to these Terms.
For any significant changes to these Terms that will materially adversely impact you or if we choose to discontinue the Club at our sole discretion then we shall provide you with reasonable notice by publishing such notice on our website, via email or such other means of communications that we determine at our absolute discretion. Unless otherwise specified by us, your unredeemed accumulated points will expire upon the termination of the Club membership program. You agree that you will not be entitled to any compensation in relation to any changes to the Terms, or changes or termination of the Club membership program.
10. DISCLAIMER AND LIMITATION OF LIABILITY
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited by law in New Zealand. To the maximum extent permitted by law, our liability for any failure to comply with any such right or remedy, guarantee, warranty or other term or condition is limited to (at our option): (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (b) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
To the extent permitted by law and subject to the above paragraph, our aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with these Terms, whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way, shall not exceed the amount of $100.
11. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of New Zealand.
You or we may bring any dispute which may arise under these Terms to the courts of New Zealand.
Each of the clauses of these 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 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 do 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.
13. CONTACTING US
Should you have any questions about these Terms or the Club or have any reasons for a complaint you can contact us by clicking https://www.adidas.co.nz/contact.html.
PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE ADIDAS WEBSITE OR APP FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
Last Updated: Feb 2020.
Annex A – Participating Retail Stores
• Auckland Airport BCS – adidas, Auckland Airport International Terminal, Ray Emery Dr, Auckland Airport, Auckland 2022
• Manukau BCS – adidas Manukau, Shop 239, Great South Road and Manukau Station Road, Manukau, Auckland 2104
• Newmarket BCS – Broadway, Unit 3, 312 - 330 Newmarket, Auckland 1023
• Britomart Neighbourhood OCS – Shop 08 C, East Building, Galway St, Britomart, Auckland 1010
• Hornby FO – Dress Smart Shop 411, 409 Main South Road, Hornby, Christchurch 8042
• Onehunga FO – Dress Smart Shop 609, 86 Galway Street, Onehunga, Auckland 1061
Annex B – non-Eligible Channels
• Britomart BCS Pop-up - 12 Customs Street East, Britomart, Auckland 1010