IMAP Policy
LUCKY CHUCK MINIMUM ADVERTISED PRICE POLICY
Effective January 1, 2024
Lucky Chuck and its indirect and direct domestic subsidiaries (collectively, “Van Newkirk Bronco Barn LLC.”) markets and sells premium socks, apparel, and accessories. By investing in product design, development, technology and personnel, Lucky Chuck has established a strong reputation of providing high-quality products with a premium image.
To help protect its premium image and ensure the long-term viability of its brands, Lucky Chuck believes its products should be advertised at prices that reflect the value of those products. To support this goal, Lucky Chuck is implementing the following Minimum Advertised Price Policy ("MAP Policy'') which is applicable to every Lucky Chuck authorized seller (“Seller(s)”) located in and out of the United States.
THE POLICY
This MAP Policy applies to all Advertising (as defined below) of the Lucky Chuck products identified on the Lucky Chuck price lists (available at https://www.wholesalelc.com) as having a minimum advertised price (the “MAP Products”). While Sellers remain free to advertise and sell all Lucky Chuck products (including the MAP Products) at any price, to comply with this MAP Policy, MAP Products may not be advertised at less than the minimum advertised price (“MAP Price”) as established by Lucky Chuck.
Unilateral Nature of Policy
This MAP Policy has been unilaterally adopted by Lucky Chuck and is not an agreement or an offer to form an agreement with any Seller. Each Seller must decide independently whether to comply with the terms of this MAP Policy. Lucky Chuck is not requesting, and will not accept, any agreement or assurance regarding a Seller’s compliance with this MAP Policy.
Communications
This MAP Policy is non-negotiable and will not be altered for any Seller. Lucky Chuck representatives are strictly prohibited from negotiating, or modifying, or otherwise discussing any aspect of this MAP Policy with any Seller, including that Seller's or any other Seller’s compliance with the terms of the MAP Policy. Further, only the person at Lucky Chuck responsible for the MAP Policy (the “Policy Administrator”) is authorized to discuss this MAP Policy with Sellers. To address any and all questions and comments about this MAP Policy, Sellers may send an email or letter to the Policy Administrator as set forth below. Lucky Chuck will accept no other form of communication from Sellers about the MAP Policy.
MAP Price
The "MAP Price” is a Seller’s advertised price: (a) before all taxes, shipping, delivery, and insurance charges paid by the Seller’s customer; and (b) before applying any customer-supplied coupons, rebates, or similar price reductions; and (c) before giving effect to the value of free or reduced-price bundles. Free or reduced- price shipping may be offered by a Seller when offered in connection with a purchase of a MAP Product as long as such offer applies to all or almost all other products in that same category. The MAP Price for each MAP Product is identified on the Lucky Chuck price lists, which are available at https://www.wholesalelc.com.
Advertising
This MAP Policy applies to all Advertising of MAP Products by Sellers in any and all media, as well as any advertising within brick-and-mortar retail stores or other selling venues. “Advertising” includes any and all promotional or pricing information displayed via any type of media including, but not limited to, all Internet Advertising (as defined below), newspapers, catalogs, magazines, flyers, brochures, television, radio ads, billboards, and any other marketing or promotional materials. “Internet Advertising” includes advertising or promoting on any and all websites, social networks, third-party merchant sites, banner ads, product ads, broadcast emails, texting, landing page and sponsored links.
This MAP Policy applies only to the advertised price of MAP Products and does not apply to the price at which the MAP Products are actually sold to a consumer. Each Seller remains free to sell MAP Products at any price(s) it chooses.
This MAP Policy applies to all webpages preceding the final online "checkout" stage, defined as the stage when either: (a) the MAP Product is put into a shopping cart that contains the customer's name, shipping address, email address, and payment information, or (b) the customer must enter login information that includes such customer information. In either case, pricing in the final online "checkout" stage must be obscured technically so that it is not retrievable by shopping and pricing engines, and not displayed on search page results within the Seller's own website, even if logged in.
The following activities by or on behalf of a Seller will be considered to violate this MAP Policy:
- Failing to exclude MAP Products from a coupon, discount, promotion, rebate, or site-wide sale (e.g. "% off', "gift with purchase" or "buy-one-get-one") when the offer has the effect of reducing the advertised price of the MAP Products below their MAP Prices.
- Advertising on any webpage preceding the page on which the transaction is consummated that a lower price for a MAP Product may be found at the "checkout" stage.
- Permitting any third party to alter the advertised price for a MAP Product.
- An invitation to click or otherwise communicate to obtain a price of a MAP Product, except that it is permissible to indicate that customers may make specific inquiries by telephone or e-mail to obtain a price, as long as no automated call or "bounce-back" pricing e-mail is used.
Policy Exclusions
Lucky Chuck will announce promotional periods during which MAP prices are modified or do not apply to certain styles for one or more brands. During such periods, which are applicable to all Sellers, a Seller that advertises a MAP Product in compliance with the terms of the promotion will not be considered to have violated this, Policy.
In addition, it is not a violation of this Policy to advertise the availability of a one-time use coupon or discount code for up to 15% off an order from a Seller’s own website in exchange for a prospective customer signing up for a Seller’s email list, newsletter, or other mailing list.
NON-COMPLIANCE
Lucky Chuck will take the following actions upon determining that a Seller has advertised any MAP Product(s) in violation of this MAP Policy:
First failure to comply: Written notice of the violation.
Second failure to comply: Written notice of the violation and a 30-day shipping hold on all products for the brand(s) that were the subject of the violation.
This means that we will revoke our acceptance of any pending orders, cancel any pending shipments to you, and not accept any new orders from you for the applicable products during this 30-day period. If you purchase MAP Products through Authorized Lucky Chuck Distributors, the
Authorized Lucky Chuck Distributors will be notified that your authorization to purchase the applicable products has been revoked during this 30-day period.
Third failure to comply: Written notice of the violation and a 30-day shipping hold on all Lucky Chuck products.
This means that we will revoke our acceptance of any pending orders, cancel any pending shipments to you, and not accept any new orders from you during this 30-day period. If you purchase Lucky Chuck products through Authorized Lucky Chuck Distributors, the Authorized Lucky Chuck Distributors will be notified that your authorization to purchase Lucky Chuck products has been revoked during this 30-day period.
Fourth failure to comply: Written notice and a 12-month shipping hold on all Lucky Chuck products.
This means that we will revoke our acceptance of any pending orders, cancel any pending shipments to you, and not accept any new orders from you during this 12-month period. If you purchase Lucky Chuck products through Authorized Lucky Chuck Distributors, the Authorized Lucky Chuck Distributors will be notified that your authorization to purchase Lucky Chuck products has been revoked during this 12-month period.
Fifth failure to comply: Written notice of account termination and revocation of “authorized” Seller status.
This means that we will revoke our acceptance of any pending orders, cancel any pending shipments to you, and not accept any new orders from you. If you purchase Lucky Chuck products through Authorized Lucky Chuck Distributors, the Authorized Lucky Chuck will be notified that your authorization to purchase Lucky Chuck products has been revoked.
Any enforcement of this MAP Policy will be taken in Lucky Chuck sole discretion and is not subject to negotiation. Sellers have no right to enforce this MAP Policy.
POLICY ADMINISTRATION
Modifications to Policy
Lucky Chuck at any time, may vary the MAP Price(s) for any MAP Product(s), add to or delete any MAP Product(s) from this MAP Policy, or suspend the application of this MAP Policy for any MAP Product(s) for a stated period of time. In addition, this MAP Policy may be modified, suspended, discontinued, or rescinded in whole or in part by notice made available to all Sellers from Lucky Chuck at the sole discretion of Lucky Chuck Brand.
Any questions must be directed to the Policy Administrator at: MAP Policy Administrator
Lucky Chuck 1204 FM 1708 Weatherford, Texas 76087 info@luckychuck.com