Terms and Conditions for the J.Crew Rewards Loyalty Program
Last Updated: October 14, 2018
These Terms and Conditions are separate and independent from the J.Crew Credit Card Account Agreement (the “Account Agreement”), which governs the use of the J.Crew Credit Card (the “Card”). In the event of any conflict between these Terms and Conditions and the Account Agreement, these Terms and Conditions will control in any matter relating to the Program.
Members’ Acceptance of Terms
By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including these Terms and Conditions and the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.
Company’s Right to Change/Cancel Program and/or Terms
Company may, at its discretion, alter, limit or modify the Program structure or any other feature of the Program. Company reserves the right to change or modify these Terms and Conditions or terminate the Program at any time, for any reason, without prior notice. Company will post any additional Program details and updates to Program (including these Terms and Conditions) here and then update the “Last Updated” date above. Company may also email you about any such changes. Your continued participation in the Program will confirm your acceptance of such changes.
Program is open to U.S. residents at least 18 years of age within the 50 United States and District of Columbia. It is free to join as a Member (no initial purchase is required to do so). Membership is limited to individuals only and is limited to one account per individual. Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its discretion.
Individuals can enroll by creating an account in a Store or at jcrew.com or jcrewfactory.com. Member must provide complete and accurate enrollment information. Individuals who have an existing account with jcrew.com or jcrewfactory.com or a profile with Stores before the launch of the Program are automatically enrolled, and participation in the Program will constitute agreement to these Terms and Conditions. J.Crew Credit Card holders will not be automatically enrolled and must register for the Program or already have an existing account with jcrew.com or jcrewfactory.com or a profile with Stores in order to receive Program benefits. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Company may choose to offer sign-up incentives and enrollment promotions from time to time. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting My Details and updating their Member account.
Unless Member has opted out of receiving marketing communications, Company will communicate with Members about marketing via mail, email, and other channels, including about special Member promotions, offers and more. Company will also use these channels to notify Member when they are eligible for a reward, communicate Program changes and more at Company’s discretion. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.h as those about your account or our ongoing business relations.
Members will receive rewards points (“Points”) on their Member account through Eligible Purchases (defined below) and participation in other special programs and promotional offers that may be announced by Company or its third-party partners from time to time. Additional terms, requirements and details for earning Points follow.
Merchandise returns must be made in accordance with Company’s return policy available at J.Crew Returns & Exchanges or Factory Returns & Exchanges. Upon the return of an item accepted by Company, the spend amount and Points applied to Member account for the original purchase will be deducted from that Member’s account as the Points are forfeited with the returned merchandise.
Program Benefits and Details
In addition to any other requirement and/or limitation that may be communicated to Members at the time a benefit is offered, the following will apply:
Expiration of Points
Points will expire twelve (12) months after issuance on a rolling basis.
Right to Revoke
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole opinion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud. In the event that Company cancels your membership or terminates the Program for any reason, all Points, rewards or other benefits earned on your Member account will be forfeited.
Program benefits or Member accounts may not be merged, transferred, purchased, sold, assigned, auctioned or traded, including by death or as part of a domestic relations matter. Doing so will void the Member account. Program Points, rewards and/or benefits have no cash value, are not exchangeable for cash and may not be used as payment of any outstanding obligation to Comenity Bank or its affiliates.
Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.
These Terms and Conditions, the relationship between you and the Company, and Company’s J.Crew Rewards Program, shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.
MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.
ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY’S J.CREW REWARDS LOYALTY PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, NEW YORK. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
Limitation on Damages
To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members’ participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages. In New Jersey, this limitation applies only to claims based on breach of warranty.
Unless otherwise required by law or Comenity agreements with you, neither Comenity Bank, nor any of Comenity’s or its affiliates, officers, directors, employees, service providers, 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 claim relating to products purchased using any reward obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of Comenity’s control; or (d) any taxes that you incur as a result of receiving or redeeming Points.
No Warranties. Comenity Bank does not: (a) endorse rewards or products or services purchased from Company using rewards; (b) make any express or implied warranty regarding rewards or products or services purchased from Company; (c) guarantee the performance of rewards or products or services purchased from Company; or (d) offer, operate or control rewards offered through this Program.
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by Company and may be registered in the United States and internationally.
For all questions about the Program or your Member account, please contact us at 1-800-562-0258 or firstname.lastname@example.org.