The issuer and sole obligor of M·A·C brand gift cards is ELC Brands Management Inc. References in this FAQ to “we,” “our,” and “us,” mean ELC Brands Management Inc.

M·A·C eGift Cards are delivered via email. The sender’s name is included for the recipient. There is no charge for email delivery. M·A·C eGift Cards are issued by and represent obligations solely ofELC Brands Management Inc.

eGIFTCARDS

eGift Cards are redeemable online at maccosmetics.com and at company-owned freestanding M∙A∙C Stores in the United States, Puerto Rico. eGift Cards cannot be redeemed at department store or airport locations.

eGIFTCARDS

Call 1.800.588.0070 to report a lost or stolen eGift Card.

The following M·A·C Gift Card, Store Credit & Promotional Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to the use of M·A·C-branded gift cards, gift certificates, store credits and promotional/loyalty/incentive/rewards cards, including plastic/paper cards and credits and digital/electronic cards, codes and credits (collectively, “Cards”). This Agreement is between you, the Cardholder, and ELC Brands Management Inc. (“Issuer”). By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card. IMPORTANT: This Agreement includes resolution of disputes by arbitration on an individual basis instead of in court. 

1. About Your Card. The Cards are issued by Issuer. Issuer is responsible for the operation and maintenance of the Card program. Issuer is the sole legal obligor to the Cardholder; provided, however, that Issuer may assign its obligations with respect to the Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder. Issuer’s affiliates and related entities (including but not limited to M.A.C. Cosmetics Inc. and Make-Up Art Cosmetics, Inc.) bear no responsibility or liability for any Cards, and you hereby knowingly release Issuer’s affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Card. Cards (other than store credits and promotional/loyalty/incentive/rewards cards) can be purchased at M·A·C retail store locations in the United States or authorized third-party distributors, through the M·A·C mobile app or online at MacCosmetics.com. Store credits are issued at M·A·C retail locations in exchange for merchandise returned without a receipt, to the extent provided by M·A·C’s return policy. 

2. Not for Resale. Cards cannot be resold (or sold, in the case of store credits or promotional/loyalty/incentive/rewards Cards). Cards are valid only if obtained at an M·A·C location (including the M·A·C mobile app or website) or authorized third-party distributor. Cards are not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites. 

3. Balance Inquiry. For balance inquiry, please visit MacCosmetics.com or call 800.588.0070. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed. 

4. Expiration/Deactivation. Promotional/loyalty/incentive/rewards Cards may expire; please see the terms on the Card itself for the expiration date, if any. All other Cards, including gift cards and store credits, do not expire. No fees for inactivity or service fees apply. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration. 

5. Redemption. Cards are redeemable only for purchases of goods or services at M·A·C retail locations in the United States, including through the M·A·C mobile app or website. Cards cannot be used at Department Store Locations, airport locations [or third-party owned locations] or to place [orders over the phone]. Cards are not debit or credit cards. Cards have no cash value and may not be exchanged or redeemed for cash (except as required by law). Cards are not redeemable to purchase another Card or towards previously purchased goods or services. 

6. Reloads. Cards (other than promotional/loyalty/incentive/rewards Cards) may not be reloaded with value. 

7. No Refunds. No refunds are permitted with respect to Cards. 

8. Transfers. Gift cards are transferable. Store credits are non-transferable. 

9. Lost, Damaged or Stolen Card; Cards Used Without Authorization. The value of any lost, damaged or stolen Cards, or any Cards used without authorization, will not be replaced or replenished without a purchase receipt. The value replaced will be equal to the remaining balance on the Card at the time of replacement. 

10.  Disputes.  THIS SECTION SETS FORTH THE TERMS AND CONDITIONS PURSUANT TO WHICH DISPUTES BETWEEN YOU AND ISSUER WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION (“ARBITRATION AGREEMENT”). PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ISSUER TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. 

With respect to any dispute, claim, or controversy arising out of or related to your access or use of the Cards, all rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Virginia, as if the Agreement were a contract wholly entered into and wholly performed within Virginia. ANY DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE CARDS OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF ISSUER OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE FINALLY RESOLVED BY CONFIDENTIAL ARBITRATION BY VIDEO CONFERENCE OR, AT THE ARBITRATOR’S DISCRETION, BY IN PERSON HEARING IN THE COUNTY WHERE YOU RESIDE (UNLESS THE BATCH ARBITRATION PROCESS APPLIES) AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, Issuer may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. 

Arbitration under this agreement shall be conducted by a sole arbitrator under the American Arbitration Association’s Consumer-Related Disputes Supplementary Rules in effect when the arbitration is commenced, except as they may be modified herein. 

A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. 

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 

Subject to the Batch Arbitration process described below, you agree that any arbitration or proceeding shall be limited to the dispute between you and Issuer and/or any third party or vendor, individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; (iii) the parties waive and there is no right or authority for any dispute to be brought in a purported collective, representative capacity on behalf of the general public or any other persons, or mass action basis; and (iv) only individual relief is available. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST ISSUER AND/OR A THIRD PARTY OR VENDOR ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, OR REPRESENTATIVE PROCEEDING. 

To increase the efficiency of administration and resolution of arbitrations, you and Issuer agree that in the event that there are one hundred (100) or more individual Demands of a substantially similar nature filed against Issuer by or with the assistance of the same law firm, group of law firms, or organizations, within a sixty (60) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). 

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Procedural Arbitrator”). In an effort to expedite resolution of any such dispute by the Procedural Arbitrator, the parties agree the Procedural Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Procedural Arbitrator’s fees shall be paid by Issuer if the party seeking the appointment of the Procedural Arbitrator is Issuer. The Procedural Arbitrator’s fees shall be shared equally by the you and Issuer if you are the party seeking the appointment of the Procedural Arbitrator. 

You and Issuer agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration. which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration process shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. 

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. 

Changes to this arbitration agreement shall not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the modification. You may opt out of any such changes within thirty (30) days after an update has taken effect by writing Issuer at the following address: The Estee Lauder Companies Inc., 767 Fifth Avenue, New York, NY 10153. If you opt out of an update, the last set of agreed upon arbitration terms will remain in force. 

The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this agreement to arbitrate and any arbitration proceedings. 

11. Limitation of Liability. ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. 

13. Governing Law. The laws of the Commonwealth of Virginia, without regard to, and exclusive of, principles of conflict of laws and excluding application of the 1980 U.N. Convention on Contracts for the International Sale of Goods, shall govern this Agreement and use of your Card. 

13. Severance. Notwithstanding anything herein to the contrary, if any part of this Agreement is deemed invalid or inapplicable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality, or enforceability of the remainder of this Agreement, which shall be fully enforced. 

14. Changes to Agreement. Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at MacCosmetics.com. 

15. Fraud. Issuer and its affiliates reserve the right to refuse to honor a Card where Issuer suspects that the Card was obtained fraudulently.