6. GDI LOYALTY PROGRAM           

                                   
 
*The GDI Loyalty Programs are a fun and personalized loyalty experience that reward members for shopping at Garage or Dynamite in-store, online or on the app.                         
                                   
 

Program Overview:                 

                                   
The Garage Studio Loyalty Program and the Dynamite Studio Loyalty Program are the loyalty reward programs offered by Groupe Dynamite Inc. ("GDI") (the "Loyalty Programs"). The Loyalty Programs allow members to earn badges and rewards (each defined below) through the purchase of Products from the Websites, the Apps and both the Dynamite and Garage brand stores (the "Stores").                      
                                   
The Loyalty Programs allow persons who have completed the membership enrolment steps described below (the "Members") to earn badges (the "Badges") when making purchases in-store, online and through the Apps, and to redeem these Badges for rewards, benefits and/or rebates occasionally offered by GDI (the "Rewards") as well as have access to exclusive offers, events and contests which may be occasionally offered by GDI (the "Offers", and collectively with the Badges and the Rewards, the "Benefits").                              
                                   
The accumulation of Benefits does not entitle Members to any vested rights and, in accumulating Benefits, Members may not rely upon the continued availability of any Benefit or the continued existence of any aspect of the Loyalty Program. Changes to any of these matters may affect the Benefits that a member has already accumulated, as well as any future accumulation of any Benefits.                                
                                   
Current GDI offerings for the accumulation or redemption of Badges and Rewards, including information on a Member's balance, are available on the "My Profile" section of the dynamiteclothing.com website and/or the garageclothing.com website. GDI specifically reserves the right to withdraw or terminate the Loyalty Programs and any Badges or Rewards issued thereunder upon thirty (30) days' notice. By enrolling in the Loyalty Programs, you agree to these Terms and you consent to the collection and use of your personal information in accordance with our Privacy Policy.                         
                                   
 

a) Becoming a Member:             

                                   
Membership is free and no initial purchase is required in order to become a Member. To enroll, you must have a valid Canadian or US address and be 13 years of age or older. If you are under the age of majority in the jurisdiction in which you reside, you must also have the consent of your parent or legal guardian to become a Member. Only one Loyalty Program account (the "Account") is permitted per person.                               
                                   
To become a Member, you may use one of the following methods:                           
                                   

  • The Apps: Download one of the Apps and create an Account using a valid email address and password.                               
  • The Websites: Create an Account in either the Garage Studio Loyalty Program or the Dynamite Studio Loyalty Program section of the respective Websites using a valid email address and password.                          
  • In-Store: Sign up to the Program in-store by providing a valid email address at the point of sale. You will then be required to activate your Account by clicking on a link provided with the activation email you will receive thereafter. You will also be required to create a password.
                                   
Members cannot share their Account number and Account information with anyone else. Benefits apply only to the individual Member and are non-transferable. Account information, including, but not limited to, the Account password, should be protected by the Member and kept secure.                               
                                   
You must advise us immediately of any changes to your personal information, including name, address, and email address (the "Personal Information") by using the Websites or the Apps to update the information contained in the "My Profile" section of your Account. GDI shall not be liable for misdirected email or mail communications, including any notices under these Terms or any consequences thereof where your Personal Information is inaccurate or no longer valid. If we believe that some of our records are inaccurate, we may contact you to verify our records. We reserve the right to cancel or close any Account, without notice, for which we have incomplete or inaccurate Personal Information. All Benefits associated with such Account may be blocked and any such Benefits may be forfeited and cancelled. The submission of false or fictitious Personal Information will result in all the Benefits accumulated on an Account being forfeited and cancelled.                             
                                   
GDI reserves the right to refuse issuance of an Account to any person who does not follow the prescribed enrolment procedures.                        
                 
 
                 

b) Badges and Rewards:             

                                   
Members can accumulate Rewards by completing shopping challenges in-store, on the Websites and by using the Apps and earning Badges. The following Badges (subject to the completion of a Qualifying Purchase as described below) are available for collection and will allow Members to enjoy the corresponding Rewards but are subject to expiry pursuant to the terms hereof. See "Reward Periods and Expiration of Benefits" section below:        
 
 
 
 
 

Badge Challenge Rewards
(valid for 90 days after issuance)
Complete Profile If you didn't complete your profile before July 9, 2019, fill out your personal profile online or on the App (name, date of birth, postal code and country) over the program year. If profile was completed before July 9, 2019, complete a quick style survey over the program year. 10% off one purchase, up to a maximum reward of $10 off
+ receive a special birthday offer
Buy 2 Ways Collect the badge by spending a minimum of $50 (before tax, after discounts, excluding the purchase of gift cards and shipping costs) over the program year on
(i) each brand (Dynamite and Garage) or
(ii) either brand on two different channels (in-store, on the app or online)
20% off one purchase, up to a maximum reward of $20 off
Spend $200 Spend a total of at least $200 over the program year (before tax, after discounts, excluding the purchase of gift cards and shipping costs) at Garage and/or Dynamite 20% off one purchase, up to a maximum reward of $20 off
Spend $500 Spend a total of at least $500 over the program year (before tax, after discounts, excluding the purchase of gift cards and shipping costs) at Garage and/or Dynamite 25% off one purchase, up to a maximum reward of $25 off
VIP Renewable Badge: Once you've earned all 4 badges (Complete Profile, Buy 2 Ways, Spend $200, Spend $500) within the program year, you'll unlock a VIP renewable badge. Once unlocked, you'll get 25% OFF for every $200 spent over the program year (before tax, after discounts, excluding the purchase of gift cards and shipping costs) at Garage and/or Dynamite. 25% off one purchase, up to a maximum reward of $25 off
 

c) Accumulation of Badges                 

                                   
In order to accumulate Badges and/or redeem Rewards, you must be a Member in good standing. Occasionally, Members may receive personalized or exclusive offers extended to certain segments of our membership or selected Members.                                
                                   
Badges are collected following enrolment, by making the following qualifying purchases from Dynamite and/or Garage brand stores in Canada and the US, in-store, online or through the Apps (each a "Qualifying Purchase"):                              
                                   

  • Brand Badge (Buy 2 Ways): Spend a minimum of $50 over the Program Year (defined below) on either:                   
  • each brand (Dynamite and Garage); or                            
  • either brand on two different channels (in-store, on the App or on the Websites). 
  • For greater certainty, it is understood that only one Brand Badge can be earned per Program Year.                       
  • Spend Badges (Spend $200, Spend $500): Total spend over the program year is calculated on the net spend before taxes and shipping, including use of gift cards but excluding the purchase of gift cards. CAD and USD purchases are valued at the same amount ($1 CAD = $1 USD with no exchange rate difference). Note that the $500 badge requires to spend a total of at least $500 over the program year (before tax, after discounts, excluding the purchase of gift cards and shipping costs) at Garage and/or Dynamite, but it accumulates with the Spend $200 badge; hence only an additional $300 spend would be needed to earn the Spend $500 badge.                                 
  • Gift Cards: The purchase of gift cards is not included in net spend; however, purchases made with gift cards are included.                         
                                   
It is possible to earn more than one Badge per Qualifying Purchase provided that you meet the criteria for both Badges at the time of purchase.                          
                                   
Badges and Rewards are personal to the Member and cannot be exchanged for cash, assigned, traded, willed or otherwise assigned or transferred and any assignment or transfer in violation of these Terms will be void and may, at the discretion of GDI, result in the loss of membership or the cancellation of the affected Badge, Reward or other Offer, as the case may be.                         
                                   
GDI's standard Return/Exchange Policy applies:                                 

  • Returns: If your return causes your overall spend to fall below a Qualifying Purchase threshold for a Spend Badge, you will lose your earned Badge and Reward. You will re-earn the Badge and Reward once you make a Qualifying Purchase.                 Note: you will not re-earn or be required to reimburse any rewards that have already been redeemed.
  • Exchanges: There is no impact for exchanges of the same value. If the item is exchanged for a higher valued item, then this added spend is included as incremental spend. If the item is exchanged for a lower value item, then the difference will be subtracted from your total spend.                         
  • Upon the return and/or exchange of Products awarded through the redemption of Rewards, all redeemed Rewards will be forfeited and the Member will receive only the cash price paid, if any, for the returned product.                             
                                   
 

d) VIP Status:            

 
New Members or members who weren't VIP as of July 9, 2019 (new Loyalty year):                             
In order to achieve VIP Status, you must successfully collect all available Badges (Complete Profile, Buy 2 Ways, Spend $200, Spend $500) during one Program Year (see "Program Year and Expiration of Benefits" section below). Becoming a VIP will be automatic within the system once all available Badges are obtained during the applicable Program Year.                       
 
Alternately, you can also achieve VIP Status, after you have become a Member and are in good standing, by sending us an essay of at least 500 words confirming to us why, in your opinion, you should be granted the VIP Status without being required to successfully collect all available Badges during one Program Year. The decision to grant you VIP Status under this alternate means will solely be at GDI’s discretion.                                   
                                   
Once you've earned all 4 badges (Complete Profile, Buy 2 Ways, Spend $200, Spend $500) within the program year, you'll unlock a VIP renewable badge. Once unlocked, you'll get 25% OFF* for every $200 spent over the program year (before tax, after discounts, excluding the purchase of gift cards and shipping costs) at Garage and/or Dynamite.                              
 
Please note for the VIP renewable badge that your spend only starts to accumulate after the badge is unlocked for the first time (any previous transaction will not count towards your first VIP renewable spend threshold).                   
* 25% off one purchase, up to a maximum discount of $25                                 
                                   
Returning VIP Members (Members who achieved their VIP status prior to July 9, 2019):
Once you've collected all 4 badges in the current program year (Complete Profile, Buy 2 Ways, Spend $200, Spend $500), you will unlock a VIP renewable badge. Once this badge is unlocked, you will earn a 25% coupon* with every additional $200 spent at Garage and/or Dynamite (before tax, after discounts, excluding the purchase of gift cards and shipping costs)                    
 
Please note for the VIP renewable badge that your spend only starts to accumulate after the badge is unlocked for the first time (any previous transaction will not count towards your first VIP renewable spend threshold).                   
* 25% off one purchase, up to a maximum discount of $25                                 
                                   
Alternately, you can also achieve VIP Status, after you have become a Member and are in good standing, by sending us an essay of at least 500 words confirming to us why, in your opinion, you should be granted the VIP Status without being required to successfully collect all available Badges during one Program Year. The decision to grant you VIP Status under this alternate means will solely be at GDI’s discretion.                                   
                                   
VIP Members receive a more personalized experience and exclusive access to certain Benefits including:                         

  • Free shipping on all orders $10 or more (before shipping and taxes)                       
  • Exclusive offers                 
  • VIP status anniversary offer                         
                                   
 

e) Redemption of Benefits:                 

                                   
Benefits have no and will never have any monetary value whatsoever and cannot under any circumstances form the basis of a claim of any nature, including monetary, against GDI. Badges may be redeemed for Rewards consisting of a predetermined dollar or percentage discount off a purchase, in accordance with the Badge redemption schedule in force on the date when the Badges are redeemed by the Member ("Redemption Transaction"). The redemption schedule provided herein (see 'Badges and Rewards' section) is for illustrative purposes only and may occasionally be changed by GDI at its sole and absolute discretion. The updated redemption schedule occasionally in effect is available in these Terms or in the FAQ section of both the Garage Studio Loyalty Program and the Dynamite Studio Loyalty Program.                            
                                   
Only one Reward or Offer can be redeemed per Redemption Transaction. A Qualifying Purchase may be made as part of a Redemption Transaction and Badges may be earned with a Redemption Transaction provided only the amount net of rebate, as the case may be, shall constitute the amount applicable for a Qualifying Purchase. Rewards can only be redeemed if the required Badge is acquired prior to the Redemption Transaction.                                    
                                   
All earned Benefits are stored in your "Studio Offers" in the Apps and in your profile on the Websites, as applicable.                    
                                   
Benefits can be redeemed in the following ways:                              

  • In-store: Scan your Loyalty barcode and offer barcode during checkout while making a Redemption Purchase in-store. You can find your offer barcodes in the "Studio Offers" section of the Apps.                                   
  • Online: Add selected offer from your "Studio Offers" during checkout when shopping on the Websites.                                  
  • On the App: Add selected offer from your "Studio Offers" during checkout when shopping using the Apps.                            
                                   
A Benefit is redeemable one time only and the same Benefit cannot be applied to multiple Redemption Transactions. Unredeemed Benefits will remain in the Member's "Studio Offers" and can be applied to a subsequent Redemption Transaction (subject to the expiration periods described below).                                   
                                   
GDI will not be liable or responsible in any manner for any tax consequences or any charge imposed by, or with the authority of, any government, which may flow from any participation in the Loyalty Programs or Redemption Transactions.                           
                                   
From time to time, GDI may advertise or offer exclusive offers, benefits and/or discounts to select Members for items other than a discount reward.                                 
                                   
 
 

f) Program Year and Expiration of Benefits:                

                                   
Except for the Initial Program Year and for the renewable VIP badge mentioned above, Badges are subject to a "Program Year", with each period beginning in summer (exact date to be confirmed) and ending 12 months later. Members can accumulate each Badge only once per Program Year (for a total of 6 Badges for the first program year and 4 badges for the second program year). All Badges accumulated will expire and be cancelled at the end of a Program Year. At the end of the Program Year, the Badges will reset to zero and the Member can begin accumulating Badges for the new Program Year.                                 
                                   
Subject to the Program Year mentioned above, rewards will expire 3 months after being issued.
                                   
Members will need to accumulate all available Badges during the new Program Year in order to regain VIP status.                       
                                   
Offers are valid during the period specified on each individual Offer.                      
                                   
FOR GREATER CERTAINTY, IT IS AGREED AND UNDERSTOOD THAT ALL BADGES, REWARDS AND OFFERS PROVIDED TO MEMBERS IN ACCORDANCE WITH THE LOYALTY PROGRAMS ARE COUPONS AND/OR PROMOTIONAL CODES, AS THE CASE MAY BE. SUCH BADGES, REWARDS AND/OR OFFERS SHALL EXPIRE IN ACCORDANCE WITH THE TERMS AND CONDITIONS SPECIFIED HEREIN AND AS SPECIFIED ON EACH INDIVIDUAL BADGE, REWARD AND/OR OFFER.                          
                                   
 

g) Amendments or changes to the Terms:          

                                   
GDI specifically reserves the right to unilaterally amend the provisions of these Terms regarding:        

  • the nature or existence of the Loyalty Programs;                               
  • enrolment and membership conditions, restrictions and sanctions;                      
  • the accumulation, redemption, expiry or cancellation of Badges and/or Rewards;                          
  • characteristics or attributes of Badges and/or Rewards;                               
  • rights to or associated with the Badges and/or Rewards;                              
  • the termination of the Loyalty Programs or membership, or the subjects under these Terms that may be amended and the manner of doing so.                            
                                   
Membership to the Loyalty Programs is a privilege that can be revoked by GDI at its sole discretion at any time and without compensation for any reason including, without limitation, abuse by the Member of any of these Terms or any other actions deemed by GDI, acting in its sole discretion, to be deleterious to GDI, the Loyalty Programs or the interests of its affiliates or subsidiaries.                           
                                   
 
 

h) Liability:                

                                   
GDI assumes no liability with respect to Benefits claimed, and in particular, shall have no responsibility for the delay or failure to deliver Benefits or for their cancellation, damage or defects. You agree that GDI and any of its affiliates, subsidiaries or representatives are not responsible for, and you release us and them from any and all liability arising as a result of, any accident, loss, injury or damage caused by any rewards supplied or requested in connection with the Loyalty Programs.                             
                                   
Members release GDI, its parent, affiliates, divisions, related companies, and all of our and their respective officers, directors, shareholders, agents, advisors, consultants and employees, (collectively "Releases") from any and all liability and claims arising from or connected to such Benefits, including the collection, redemption and use thereof as well as any loss or damage caused by such Benefits. GDI or any of the above-mentioned Releases shall not be responsible for any delay in the shipping of Benefits. TO THE EXTENT PERMITTED BY LAW, ALL ASPECTS OF THE LOYALTY PROGRAMS ARE PROVIDED "AS IS" WITHOUT ANY CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.                      
                                   
 
 

i) Termination of the Loyalty Programs:             

                                   
The Loyalty Programs may be terminated by GDI at its sole and absolute discretion upon at least thirty (30) days' written notice to the Members ("Termination Notice"). In this case, all Benefits collected by Members will be redeemable for three (3) months after the termination date.                                   
                                   
You may also cancel your membership by notifying GDI (see "Contact Us" section below) that you no longer wish to be a Member, or accessing "My Profile" through the Websites or the Apps and deleting your Account. In this case, all Benefits collected by you will be forfeited upon cancellation.                     
                                   
If GDI provides a Termination Notice, it may, in its sole discretion, establish a replacement program. Without limiting the generality of the foregoing, if events beyond GDI's control materially affect GDI's ability to operate the Loyalty Programs, the Loyalty Programs may be suspended or terminated without notice.