LANE REWARDS PROGRAM TERMS & CONDITIONS
The effective date of these terms and conditions is: April 20, 2022. FOR THE MOST UP-TO-DATE PROGRAM TERMS, PLEASE VISIT WWW.LANEBRYANT.COM/REWARDS.
Lane Rewards Program (“Program”) is brought to you by Lane Bryant Brands Opco LLC (“Lane Bryant” and/or “we” or “us”). The Program is governed by these Lane Rewards Program Terms & Conditions (“Program Terms”).
ARBITRATION OF CLAIMS BETWEEN YOU AND LANE BRYANT. THESE PROGRAM TERMS REQUIRE BINDING ARBITRATION OF CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND LANE BRYANT, WAIVING CLASS ACTION CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND LANE BRYANT, AND WAIVING THE RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR PARTICIPATION IN THE PROGRAM IS SUBJECT TO YOUR AGREEMENT TO ARBITRATE ANY CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND LANE BRYANT. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY CLAIM ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND LANE BRYANT. SEE SECTION 19 BELOW FOR MORE DETAILS.
NEITHER COMENITY BANK NOR ITS AFFILIATES (COLLECTIVELY “BANK”) ARE A PARTY TO THE PROGRAM OR THESE PROGRAM TERMS. FOR HOLDERS OF A LANE BRYANT CREDIT CARD WHO PARTICIPATE IN THIS PROGRAM, YOUR CREDIT CARD ACCOUNT AGREEMENT WITH THE BANK IS NOT AFFECTED BY THESE PROGRAM TERMS, AND THE REQUIREMENT TO ARBITRATE CLAIMS AND CLASS ACTION WAIVER PURSUANT TO THESE PROGRAM TERMS ARE NOT APPLICABLE TO YOUR RELATIONSHIP OR CUSTOMER AGREEMENT WITH THE BANK. YOUR CUSTOMER AGREEMENT WITH THE BANK IS SEPARATE AND INDEPENDENT FROM THESE PROGRAM TERMS, AND TERMINATION OR MODIFICATION OF ONE WILL NOT AFFECT THE OTHER. IN THE EVENT OF ANY CONFLICT BETWEEN THESE PROGRAM TERMS AND YOUR CREDIT CARD ACCOUNT AGREEMENT WITH THE BANK, THESE TERMS WILL CONTROL IN ANY MATTER RELATING TO THE PROGRAM.
A VALID EMAIL ADDRESS AND PHONE NUMBER ARE REQUIRED TO PARTICIPATE IN THIS PROGRAM.
POINTS ACCRUED UNDER THIS PROGRAM EXPIRE 12 MONTHS FROM THE DATE THEY ARE EARNED. IF YOU HAVE NOT EARNED ENOUGH POINTS FOR AN AUTOMATIC CONVERSION TO REWARDS BEFORE THE 12 MONTH EXPIRATION, THOSE POINTS WILL BE REMOVED FROM YOUR ACCOUNT. REWARDS EXPIRE AS DISCLOSED ON EACH INDIVIDUAL REWARD AND WILL BE VALID FOR A MINIMUM OF 30 DAYS. SEPARATE AWARDS (AS DEFINED BELOW) EXPIRE AS DISCLOSED AT THE TIME WE SEND NOTIFICATION OF THE SEPARATE AWARD.
By participating in the Program, you agree to these Program Terms. Void where prohibited by law.
General Information; Definitions; Changes. The Program is a customer-reward program that allows eligible Lane Bryant customers (see Section 2 below for full eligibility details) who sign up for a Program Account (“Members”) to earn points (“Points”) on the dollars spent on qualifying purchases and for other specified activities. When you have earned the requisite amount of Points, those Points will be converted into Lane Bryant Rewards valid at Lane Bryant and Lane Bryant Outlet stores and online, as further described in Section 5 below (collectively, the “Rewards”). You can create a Program membership account (“Program Account”): (i) at any Lane Bryant or Lane Bryant Outlet retail store in the United States (ask a store representative to help you begin the process which may require you to make a transaction), (ii) by visiting lanebryant.com and completing the Program Account registration form, (iii) by calling us at 1-866-681-1746, or (iv) by any other methods as Lane Bryant may offer from time to time.
Eligibility & Registration. The Program is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are the age of majority in their jurisdiction of residence. You must provide us with all required information to register for a Program Account. A valid email address and phone number are required to set up a Program Account. Additional information, such as your birth month and day, will be required to receive some of the Program’s benefits. There is no cost to enroll and no purchase is necessary to enroll. When you enroll in the Program and create a Program Account, you are agreeing to receive email messages related to the Program from Lane Bryant. Members who have opted-out of receiving marketing emails from Lane Bryant will still be able to participate in the Program and receive messages about their Program Account (e.g., receiving Rewards, Points balance, usage, and news about changes to these Program Terms). There is a limit of one (1) Program Account per individual/email address/phone number. To update your email address and phone number you can call our Customer Service team at 1-866-681-1746. You agree that you will not participate in the Program under more than one (1) Program Account. Corporations, groups, and associations are not eligible to register for a Program Account. Notwithstanding anything to the contrary in these Program Terms, we reserve the right to approve, deny or revoke membership in the Program to any individual at any time for any reason whatsoever. You agree to accept responsibility for all activities related to your participation in the Program and all activities that occur within your Program Account and/or using your Program Account credentials (e.g., password). You agree you will not sell, transfer, share or assign any Program membership rights or credentials. Program Account and Points and Rewards are not your personal property, are not descendible, and may not be inherited, bartered, purchased, or sold. You are responsible for maintaining the confidentiality of your login credentials and, for online users, for restricting access to your computer (or other device, as applicable) so that others may not access your Program Account.
Points and Rewards. The Program involves two important measurements: (1) Points and (2) Rewards. Points are earned when Members engage in one the following: (a) making qualifying purchases from Lane Bryant, Lane Bryant Outlet, lanebryant.com, or cacique.com in the United States, or placing an order through Lane Bryant’s call center in the United States (each an “Earning Purchase”); or (b) participating in other specific Member opportunities offered by Lane Bryant from time-to-time (“Additional Earning Activities”). Together, these are defined as “Earning Activities”. The details of an Additional Earning Activity, including a description of the conduct required, the number of Points available and any additional terms will be as communicated to the eligible Member(s) by email or in another communication from Lane Bryant. We may offer additional Points and benefits for Lane Bryant Credit Card account holders who use such credit cards for Earning Activities. To remain eligible for such additional Points and benefits, your Lane Bryant Credit Card account must be in in Good Standing with the Bank. “Good Standing” related to your Lane Bryant Credit Card account means (1) your credit card account with the Bank is open to new charges and not over your credit limit, (2) your credit card account with the Bank is not more than 60 days past due or otherwise in default, (3) your credit card with the Bank is not flagged as lost, stolen, or fraudulent according to the Bank’s records, (4) your credit card account with the Bank is not in a hardship or workout program, and (5) you are not subject to a credit counseling arrangement relating to your credit card account with the Bank.
Earning Activities only count towards the earning of Points once you have a valid Program Account. In order to earn Points for an Earning Purchase at a Lane Bryant or Lane Bryant Outlet retail store, you must present your email address and phone number associated with your Program Account to a Lane Bryant representative when prompted. In order to earn Points for an Earning Purchase on lanebryant.com and cacique.com, you must be signed into your Program Account upon checkout. In order to earn Points on an Earning Purchase through Lane Bryant’s call center, you must provide your email address and phone number associated with your Program Account to the call agent when asked. Members do not earn Points on activations of a gift card, but do earn Points upon redemption of a gift card. Points are not accrued for previous purchases, existing special orders, certain charity items, birthday services, gifts-with-purchase, giveaways, coupons, credit card payments, layaway items, processing charges, delivery surcharges, shipping and handling, taxes, or state fees and any other applicable governmental fees, and are calculated after deduction of any discounts. Points may not be retroactively applied to a purchases made without presenting the required information at time of purchase. Points are also not earned on: unauthorized or fraudulent charges or purchases made by, or for, a business/group or for a business purpose. Use of a Reward, store credit, or merchandise credit does not earn Points. Points incorrectly issued by Lane Bryant will be removed from the applicable Program Account and deemed not properly earned (as determined by Lane Bryant in its sole discretion).
For in-store Earning Purchases, Points will appear in your Program Account within approximately twenty-four to seventy-two (24 - 72) hours of your completion of an Earning Purchase. Points for Earning Purchases at lanebryant.com, cacique.com or through Lane Bryant’s call center qualify for Points once all items have shipped, which means that items in the same transaction that are shipped separately will all qualify for Points after the final item(s) have shipped; and such Points will appear in your Program Account within approximately twenty-four to seventy-two (24 - 72) hours of the last item(s) shipped. The timing of Point qualification for Additional Earning Activities may vary, but will appear in your Program Account within approximately thirty (30) days of your completion of an Additional Earning Activity. You may view your Program Account summary activity by logging-in at lanebryant.com and going to the Program Account area or by calling our Customer Service team at 1-866-681-1746.
After your Points are automatically converted to Rewards, those Points will be removed and the corresponding Rewards will be sent to you via email, and accessible on your Program Account online (or by other means in our sole discretion, such as, if opted in, via text messages pursuant to terms and conditions presently available at https://mp.vibescm.com/p/pai5vc). If you earn multiple Rewards at a time, they will be combined and included within one (1) email/certificate. Rewards will be issued with unique promo codes that can be used in-store, online, or through our call center, as described in Section 5 below (each, a “Reward Coupon Code”). Each Reward Coupon Code may be used once by the Program Account holder.
Points will be converted on a “first in, first out” basis, such that the first Points earned will be the first Points converted to a Reward. Once converted, your Points balance will be reduced by the number of Points used to obtain the Reward(s). In the event a return, refund, or credit adjustment results in insufficient Points for the Rewards converted, the conversion may not be fulfilled. If the Reward is fulfilled and we later discover that you did not have sufficient Points for the Rewards in your Points balance, in addition to any other actions we may take, future Points earnings will be applied to the Rewards until such time as sufficient Points are earned to cover the redemption of the Rewards. Points will not be converted into Rewards until you again have a positive balance. Points you earn may not be combined with Points earned by anyone else for purposes of receiving Rewards, or any other purposes. Points earned have no cash value, and cannot be purchased, sold, bartered or redeemed for cash, unless required by applicable law. If Points earned are determined to be unauthorized or fraudulent, you will not earn a Reward for those Points.
See Exhibit A for current information regarding benefits, how Points are calculated, how many Points must be accrued to earn a Reward, and the value of a Reward (collectively, “Program Details”). We may change the manner in which Points are calculated, how many Points must be accrued to earn a Reward, and the value of a Reward at any time.
Point Expiration and Forfeiture. Points not converted will be carried over to the following statement period. However, Points will expire 12 months after the date that they are earned. Once Points expire, they will not be converted to Rewards. Except as otherwise provided by applicable law, you will also forfeit your unused and unexpired Points if you violate or attempt to violate the prohibitions on the transfer of Points or Rewards, if you file for bankruptcy, or if you breach these Program Terms. You will not be entitled to and will not receive any compensation from us for your Points that expire or are forfeited.
Rewards. Each Member is Limited to use of ten (10) Reward Coupon Codes per day, regardless of overall value. Except where required by applicable law, Rewards and Points have no monetary or cash value and may not be redeemed for cash or, except under the Program, any cash equivalent. Rewards expire as disclosed on each individual Reward and will be valid for a minimum of 30 days. Separate Awards expire as disclosed at the time we send notification of the Separate Award. A Reward may be applied to an “Authorized Purchase” which is defined as purchases of Lane Bryant merchandise (for example and without limitation, Spanx items and other third-party brands are ineligible) at Lane Bryant and Lane Bryant Outlet stores, at lanebryant.com and cacique.com for orders shipped to addresses in the United States, and through Lane Bryant’s call center for orders shipped to addresses in the United States, as long as the Program Account is in good standing, and the Reward has not expired; except that a Reward may not be applied to activation of gift cards or credit card payments, retroactively in connection with any prior purchases or orders, certain charity items, birthday party services, coupons, layaway items, processing charges, delivery surcharges, shipping and handling, taxes, or state fees and any other applicable governmental fees. Rewards will be redeemed in United States dollars. Each Reward must be used in one purchase. Any remaining unused amount of a redeemed Reward will be forfeited (and no change will be given). Likewise, the Member using a Reward is responsible for all charges in excess of the value of the Reward.
The Reward will be in addition to other promotional credits or discounts offered at the time of purchase (“Other Rewards”), unless otherwise stated in the Other Rewards. The Reward will be applied after all Other Rewards are applied to the Authorized Purchase. Lane Bryant reserves the right to require the person using a Reward to show proof that they are the person associated with the Reward.
In-Store: To receive the value of the Reward when making an Authorized Purchase in one of our retail stores, at the time of purchase you must present the associate your unexpired Reward Coupon Code (e.g. by showing them a printed/paper or electronic version of your Reward) or ask the associate to look up whether you have an available Reward Coupon Code by providing the associate with the email address and phone number associated with your Program Account.
Online: To use a Reward when making an Authorized Purchase on lanebryant.com and cacique.com, you must select from at least one (1) of the available Rewards to be applied to the order.
Call Center: To use a Reward when making an Authorized Purchase through Lane Bryant’s call center, you must provide the call center agent with the email address and phone number associated with your Program Account and tell the agent which Reward Coupon Code that you would like to use.
Lane Bryant may choose, at Lane Bryant’s sole discretion, to offer separate and additional rewards to specific customers (“Separate Awards”). The terms and conditions for Separate Awards (such as where these Separate Awards may be redeemed), if any, will be disclosed at the time we send notification of the Separate Awards.
Communications. We may communicate with you regarding any matter related to the Program by mail, telephone, or electronic communication. You may update your contact information at www.lanebryant.com (currently located under the “my account” area, which you can access once you have logged onto your Program Account online), by calling 1-866-681-1746, or by visiting one of our Lane Bryant or Lane Bryant Outlet stores. We are not responsible for communications, including Rewards and Points, lost due to change of email address or other contact information or unavailable connections.
Program Activity and Customer Service. You can view your Point summaries (including the number of unused and unexpired Points in your Points balance) on www.lanebryant.com, at Lane Bryant and Lane Bryant Outlet retail stores upon request, or via email communication we send to you. If you want to know whether a Reward was properly redeemed, the status of a redemption, or whether you earned Points from a particular transaction, or to ask any other question regarding the Program, call us at 1-866-681-1746.
Limited Liability and Indemnification. Unless otherwise required by law, neither Lane Bryant, nor any of our affiliates (collectively “Lane Bryant Businesses”) or any of their respective officers, directors, employees, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Program; (b) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (c) any taxes that you incur as a result of receiving or redeeming Points or Rewards. Notwithstanding the foregoing, any liability that we may have to you in connection with the Program will be limited to the amount of any Points you have earned in accordance with these Program Terms.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT HAVE ANY LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF YOU OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF REVENUE, DATA OR PROFITS ARISING UNDER OR WITH RESPECT TO THESE PROGRAM TERMS OR THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THESE PROGRAM TERMS OR THE PROGRAM WILL IN NO EVENT EXCEED THE AMOUNT OF ANY POINTS YOU HAVE EARNED IN ACCORDANCE WITH THESE PROGRAM TERMS. YOU AGREE THAT ALL CLAIMS MADE HEREUNDER BY YOU AGAINST US WILL BE MADE WITHIN 120 DAYS OF THE ACT OR OMISSION THAT FORMS THE BASIS OF SUCH CLAIMS.
EACH MEMBER UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE LANE BRYANT BUSINESSES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM.
No Warranties. THIS PROGRAM IS MADE AVAILABLE TO YOU, ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WITH REGARD TO THE PROGRAM, THE OPERATION AND MAINTENANCE OF THE PROGRAM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.
Changes to these Program Terms and Termination of the Program. We reserve the right to modify, restrict, suspend, or otherwise change any aspect of the Program, and/or these Program Terms from time-to-time, including without limitation, the eligibility conditions for participation in the Program, the manner in which Members participate, the manner and rates at which Points and Rewards are earned and redeemed, redemption mechanisms, or what constitutes an Earning Activity, with reasonable notice to Program Members. We will notify you of changes to these Program Terms by posting them to www.lanebryant.com and may also notify you by email or mail to the address then associated with your Program Account, and/or using any other contact information we may have for you. The updated Program Terms will be effective as of the time of posting, or upon such later date as specified by Lane Bryant. The updated Program Terms will apply to your participation in the Program beginning as of their effective date, or upon such later date or by such other method as specified by Lane Bryant. Should you not agree to such an amendment, you may cancel your participation in the Program as set out in Section 11. EXCEPT WHERE EXIGENCIES REQUIRE A SHORTER TIMEFRAME, WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM COMPLETELY BY PROVIDING YOU WITH SIXTY (60) DAYS’ NOTICE OF THE IMPENDING TERMINATION.
Cancelling Program Participation. You can cancel your participation in the Program by calling 1-866-681-1746. If you cancel your participation in the Program, you will no longer earn Points and Rewards and you will forfeit your unused and unexpired Points and Rewards.
Privacy. Information collected about you in connection with your Program Account and the Program is subject to Lane Bryant’s privacy policy, which may be updated from time-to-time. Lane Bryant’s Privacy Policy can be obtained at https://www.lanebryant.com/help/privacy-policy.
Notice of Financial Incentive. Under California regulation, certain aspects of the Program, which provide benefits to consumers, may be considered a financial incentive program. We collect personal information from you in connection with the Program, e.g. contact information (name, email address, residential address) and commercial information (like purchase history) for a number of reasons, including to administer the Program, contact you with regard to your account (if any), to provide the benefits to you, to better serve you, and to fulfill your requests associated with the Program.
To opt into the Program, as set forth herein you will need to provide certain information, register for an account and agree to the applicable program terms, or otherwise follow the instructions associated with the Program. Participation in the Program is voluntary and you can withdraw at any time.
To the extent that we provide programs that may be considered a financial incentive because the program is directly or reasonably related to the collection, deletion or retention of consumer personal information, the value is reasonably related to the overall value we receive from the personal information participants provide specific to the program minus the costs and expenses we incur in providing the program.
Loss of Points and Rewards; Termination of Your Program Account. In addition to termination of the Program pursuant to Section 10, above, we may also revoke your ability to participate in the Program for: (i) your abuse of the Program, including, without limitation, your use of any “bot,” macro, or other automated means to participate in the Program or to earn Points or Rewards; (ii) your failure to follow these Program Terms and any other terms and conditions applicable to the Program; (iii) the attempted or actual sale or transfer of any of your Points, Rewards, or your Program Account; (iv) any misrepresentation by you; or (v) any other conduct deemed by us, in our sole discretion, to be an abuse of the Program, to be detrimental to our interests or our customers, or to be otherwise improper. If your ability to participate in the Program is revoked, any unused Points or Rewards will automatically expire and your future participation in the Program may be prohibited. In addition, we will have the right to take appropriate administrative or legal action, including criminal prosecution, as we deem necessary in our sole discretion.
We are not responsible for Points or Rewards that expire, are lost or are redeemed due to fraudulent activity. Suspected illegal, fraudulent or other unauthorized use or misuse of Points or any other activity inconsistent with these Program Terms will result in termination of your participation in the Program, which may result in the loss of all accumulated Points earned and Rewards issued but not yet redeemed. We also reserve the right to cancel any Rewards or Points issued due to an error or mistake by us or in our systems. You agree that Lane Bryant’s decisions relating to the Program are final and that Lane Bryant will not be liable to you or any other party in connection with any such error or mistake or associated cancellations of Rewards or Points.
You agree to abide by our final and binding decisions regarding the Program and your participation in it. We are the sole arbiter of all issues relating to the Program, including a decision to remove Points or Rewards, and all of our decisions relating to the Program are final.
Not Transferable. Points and Rewards are not your property and are not transferable to anyone or any entity by operation of law or otherwise. Points and Rewards may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold, purchased, or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering Points or Rewards, either wholly or partially, will be liable for payment of the applicable full retail price of any Rewards obtained with them, as well as all damages, including, but not limited to consequential damages, transaction costs, third party damages, and litigation costs (including attorney’s fees and costs at trial and on appeal and in any bankruptcy proceeding). Any brokered, bartered, altered, sold, or purchased Points or Rewards will likewise be void and may be deducted from your Points balance. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
Taxes. You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Points or Rewards. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
Severability. If a court of competent jurisdiction or any government agency determines that any provision of these Program Terms is invalid, void or unenforceable, that provision will continue to be enforceable to the extent permitted by law, and the remainder of that provision will no longer be considered as part of these Program Terms. However, all other provisions will remain in full force and effect.
Governing Law. The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of Ohio, without any reference to its choice of law provisions.
ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION. TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH YOU AND LANE BRYANT WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING EXCEPT AS EXPRESSLY PROVIDED IN THE NEXT PARAGRAPH.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE LANE BRYANT BUSINESSES SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK, AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS PROGRAM WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION,” THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN FRANKLIN COUNTY, OH, CHICAGO, IL, NEW YORK CITY, NY, LOS ANGELES, CA, ATLANTA, GA OR DALLAS, TX (WHICHEVER IS CLOSEST TO YOUR RESIDENCE) OR IN YOUR HOMETOWN, BUT ONLY IF JAMS RULES SO REQUIRE. THE FEDERAL OR STATE LAW THAT APPLIES TO THESE PROGRAM TERMS WILL ALSO APPLY DURING THE ARBITRATION. YOU AND LANE BRYANT AGREE THAT, IN THE EVENT THAT THERE ARE FIFTY (50) OR MORE INDIVIDUAL REQUESTS FOR ARBITRATION OF A SIMILAR NATURE FILED AGAINST LANE BRYANT WITHIN AN APPROXIMATELY THIRTY-DAY PERIOD (OR OTHERWISE IN CLOSE PROXIMITY), JAMS WILL ADMINISTER ALL SUCH SIMILARLY SITUATED ARBITRATION DEMANDS ON A COLLECTIVE BASIS AS A SINGLE, CONSOLIDATED ARBITRATION (SUBJECT TO A SINGLE SET OF FEES, PROCEEDING SCHEDULE, AND IF REQUIRED, HEARING) BEFORE A SINGLE ARBITRATOR IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED ELSEWHERE IN THIS PARAGRAPH, PROVIDED THAT—IN THE EVENT THAT THE ARBITRATOR DEEMS IT IMPRACTICABLE OR INEQUITABLE TO ADMINISTER ALL SUCH CLAIMS COLLECTIVELY IN A SINGLE ARBITRATION —THE ARBITRATOR MAY GROUP DEMANDS FOR ARBITRATION INTO GROUPS OF NOT FEWER THAN TWENTY (20) MATTERS, PLUS A REMAINDER GROUP AS NEEDED (OR AS OTHERWISE DEEMED BY THE ARBITRATOR TO BE PRACTICABLE, EQUITABLE, AND IN BEST KEEPING WITH THE SPIRIT OF THIS PROVISION) AND ARBITRATE EACH GROUP OF MATTERS AS A SINGLE, CONSOLIDATED ARBITRATION (EITHER STRUCTURE, A “BATCH ARBITRATION”). YOU AND LANE BRYANT AGREE (A) TO WORK WITH JAMS IN GOOD FAITH TO FACILITATE THE RESOLUTION OF DISPUTES ON A BATCH ARBITRATION BASIS AND (B) THAT REQUESTS FOR ARBITRATION ARE OF A “SIMILAR NATURE” IF THEY ARISE OUT OF THE SAME EVENT, AGREEMENT, OR FACTUAL SCENARIO AND RAISE THE SAME OR SIMILAR LEGAL ISSUES AND SEEK THE SAME OR SIMILAR RELIEF. DISAGREEMENTS OVER THE APPLICABILITY OF THIS BATCH ARBITRATION PROCESS WILL BE SETTLED IN A SINGLE, CONSOLIDATED ARBITRATION PROCEEDING THAT INCLUDES ALL AFFECTED PARTIES AND IS REOLVED BY A SINGLE ARBITRATOR SUBJECT TO THE REQUIREMENTS OF THIS PARAGRAPH. THIS BATCH ARBITRATION PROVISION SHALL IN NO WAY BE INTERPRETED AS AUTHORIZING A CLASS OR COLLECTIVE ARBITRATION OR ACTION OF ANY KIND, OR ANY SUIT OR ARBITRATION INVOLVING JOINT OR CONSOLIDATED CLAIMS, UNDER ANY CIRCUMSTANCES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS PARAGRAPH. UNDER ANY OTHER CIRCUMSTANCES, DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN NEW YORK, NEW YORK. WE AGREE TO PAY THE ADMINISTRATIVE AND ARBITRATOR’S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY OF YOUR TRAVEL OR OTHER COSTS TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE PROGRAM.
FOR HOLDERS OF A LANE BRYANT CREDIT CARD WHO PARTICIPATE IN THIS PROGRAM, THE REQUIREMENT TO ARBITRATE CLAIMS AND THE CLASS ACTION WAIVER CONTAINED IN THIS PROVISION ARE NOT APPLICABLE TO YOUR RELATIONSHIP OR CUSTOMER AGREEMENT WITH THE BANK. THE BANK IS NOT A PARTY TO THIS ARBITRATION/CLASS ACTION WAIVER PROVISION, THE PROGRAM, OR THESE PROGRAM TERMS, AND YOUR CUSTOMER AGREEMENT WITH THE BANK IS NOT AFFECTED BY THESE PROGRAM TERMS.
Points Disputes. If you believe that a purchase made or other activities should have resulted in the addition of Points to your accumulated Points balance, and such Points are not reflected in the accumulated Points balance within sixty (60) days of the date on which the purchase was made (“Points Dispute”), notify us immediately by calling our Customer Service team at 1-866-681-1746. We will use reasonable efforts to investigate your Points Dispute so long as you notify us of such dispute within ninety (90) days of the posting date of such purchase. In order for us to undertake an investigation of your Points Dispute, we may require you to provide written confirmation of the dispute. If we do not receive the requested written confirmation at the address and within the time requested by us, we may in our sole discretion determine not to investigate your Points Dispute. Our transactional records will be considered conclusive if there is a Points Dispute.
General Information. Participation in the Program is unauthorized in any jurisdiction where all or any portion of this Program may violate any legal requirements and you agree not to participate in the Program in any such jurisdiction. You are responsible for compliance with applicable laws. Our performance under these Program Terms will be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.
Lane Bryant’s performance of these Program Terms is subject to applicable laws and legal process, and nothing contained in these Program Terms is in derogation of Lane Bryant’s right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by Lane Bryant with respect to such participation.
These Program Terms constitute the entire agreement between you and Lane Bryant with respect to the Program. These Program Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Program. If there is a discrepancy between a printed version of these Program Terms (such as Program Terms sent in the mail) and the electronic/online version posted at www.lanebryant.com, the electronic/online version will control. No modification of these Program Terms will be effective unless it is authored by Lane Bryant or its affiliates, or unless it is physically signed by a Lane Bryant officer. We may waive any obligation you have under these Program Terms without losing our right at a later time to enforce that same obligation. Furthermore, any alleged waiver of any breach of these Program Terms will not be deemed to be a waiver of any future breach. We can delay enforcing our rights under these Program Terms or delay taking any action (for any reason) without losing our rights. If we take any other action, we will not lose any rights under these Program Terms. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing. A printed version of these Program Terms and/or of any notice given by Lane Bryant in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Program Terms or your participation in the Program to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Lane Bryant in printed form.
Contact Us. If you have any questions about your Program Account or the Program, please call us at 1-866-681-1746 or email us at https://lanebryant.custhelp.com/app/ask_iframe_new.
EXHIBIT A
PROGRAM DETAILS
The number of Points earned depends on the type of membership and whether a Lane Bryant Credit Card (the “Store Credit Card”) is used for the purchase. Below are details of how to qualify for each tier of membership and associated Points, Rewards and benefits. Members who meet the spend threshold for Gold or Platinum tier membership as described below will immediately qualify for the corresponding membership tier.
Silver:
Qualifying for Silver: If you make between $0 and $349.99 in Earning Purchases using your Program Account, you qualify for Silver membership.
Silver Points*:
10 Points for every $1.00 US made on Earning Purchases* using Program Account (without Store Credit Card account)
15 Points for every $1.00 US made on Earning Purchases* using Program Account (with use of Store Credit Card account for the transaction)
3,000 Points = $10.00 RewardSilver Rewards: Rewards are currently issued in ten-dollar ($10.00 US) increments.
Gold:
Qualifying for Gold: To qualify for Gold membership, you must make between $350 and $799.99 in Earning Purchases using your Program Account within a calendar year. If you do not make $350 in Earning Purchases in the calendar year following the year that you obtained Gold membership status, the beginning of the next calendar year you will be downgraded to Silver membership.
Gold Points*:
15 Points for every $1.00 US made on Earning Purchases* using Program Account (without Store Credit Card account)
20 Points for every $1.00 US made on Earning Purchases* using Program Account (with use of Store Credit Card account for the transaction)
3,000 Points = $10.00 RewardGold Rewards: Rewards are currently issued in ten-dollar ($10.00 US) increments.
Platinum:
Qualifying for Platinum: To qualify for Platinum membership, you must make more than $800 in Earning Purchases using your Program Account within a calendar year. If you do not make more than $800 in Earning Purchases within in the calendar year following the year that you obtained Platinum membership, the beginning of the next calendar year you will be downgraded to Gold or Silver membership depending on the amount purchased.
Platinum Points*:
20 Points for every $1.00 US made on Earning Purchases* using Program Account (without Store Credit Card account)
25 Points for every $1.00 US made on Earning Purchases* using Program Account (with use of Store Credit Card account for the transaction)
3,000 Points = $10.00 RewardPlatinum Rewards: Rewards are currently issued in ten-dollar ($10.00 US) increments.
* Points are calculated based on the purchase price of any goods and/or services made at the time of purchase, after discounts and coupons and before taxes and fees are applied. Does not include purchases made prior to your participation in the Program. Points may not be awarded retroactively; so even if you are a Program Member, you must associate your Program Account at the time of purchase. If you return a purchase for which you earned Points in accordance with Lane Bryant’s then current return policy, the number of Points equivalent to the amount of the refund you receive may be deducted from your Program Account. In the event of an even exchange, any Points earned from the original purchase will remain. In the event of an exchange for an item of lesser value accompanied by a partial refund, the equivalent of that amount may be deducted from the Points in your Program Account. Either of these sorts of deductions may result in a negative Points balance, in which case any Points you earn may be applied to offset that balance and your Points will not be converted into Rewards until you again have a positive balance. In the event of an exchange for an item of greater value, any additional expenditure will accrue Points in accordance with these terms. Any new promotional offers in effect at the time of an exchange, will not apply, nor modify your Program Account balance. Points will be rounded down to the nearest whole dollar amount of each qualifying purchase (ex: a qualifying purchase of $5.61 made as a Silver Member without use of a Store Credit Card will earn fifty (50) points). We may from time to time make special offers for you to earn additional Points on specific purchases. The terms and conditions for such special offers (such as which purchases qualify and the number of additional Points you may earn), if any, will be disclosed at the time of the offer. Please check those terms and conditions carefully, as there may be important conditions or limitations (such as blackout periods, point limitations or exclusions). In addition, we may offer Additional Earning Activities to earn Points as described in Section 3 of the Program Terms. We reserve the right to verify and adjust Points at any time prior to or following posting or redemption.
Benefits: in addition to exclusive promotional offers that Lane Bryant may offer from time to time as determined in Lane Bryant’s sole discretion, membership has the following benefits:
Shipping to Home: The type of shipping to home benefit depends on the level of membership according to the below. The dollar amounts are based on order total excluding charges for taxes, shipping and handling. Valid on in-stock items only.
Silver Member Shipping: Free standard shipping and handling to home on Earning Purchases of seventy-five dollars ($75.00 US) or more.
Gold Member Shipping: Free standard shipping and handling to home on Earning Purchases of seventy-five dollars ($75.00 US) or more.
Platinum Member Shipping: Platinum Members receive free standard shipping and handling to home on all Earning Purchases (there is no minimum purchase dollar amount).
Birthday Offers: Members must supply Lane Bryant with the month and day of their birthday in their Program Account in order to receive the birthday benefits. The type and value of birthday benefit are within Lane Bryant’s sole discretion. Accounts opened on the month of your Birthday or the month preceding your birthday will begin receiving the birthday benefit the following calendar year. Member will receive an email at the beginning their birthday month with their offer.
Best Customer Exclusive Access: Platinum Members receive opportunities to hear about advance sale notifications, early shopping experiences and more.
Extended Returns: Sixty (60) day returns on items purchased using a Store Credit Card and a Member’s Program Account. Only available with valid proof of purchase. See Return Policy at https://www.lanebryant.com/on/demandware.store/Sites-LaneBryant-Site/default/Page-AjaxShow?cid=supportcenter-returnpolicy.
Store Credit Card Days: Members with a Lane Bryant Credit Card account linked to their Program Account receive exclusive savings and discounts on specific days as chosen by Lane Bryant from time to time.
