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ANN TAYLOR OR LOVELOFT REWARDS PROGRAM
PLEASE READ THE FOLLOWING TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN THE ANN TAYLOR OR LOVELOFT REWARDS PROGRAM.
ALL OF THE PROGRAM TERMS ARE SUBJECT TO THE JURY TRIAL WAIVER AND ARBITRATION PROVISION IN YOUR CREDIT CARD ACCOUNT AGREEMENT.
POINTS ACCRUED UNDER THIS PROGRAM EXPIRE 12 MONTHS FROM THE DATE THEY ARE EARNED. BEFORE THEIR EXPIRATION, YOU MAY REDEEM POINTS FOR REWARD CERTIFICATES VALID AT ANN TAYLOR, LOFT, ANN TAYLOR FACTORY STORES, LOFT OUTLET, ANN TAYLOR.COM, AND LOFT.COM. REWARD CERTIFICATES/CARDS ARE ISSUED FOR AWARD PURPOSES AND EXPIRE ~90 DAYS FROM THE DATE THEY ARE ISSUED.
THIS REWARDS PROGRAM IS PROVIDED BY ANN INC. WHICH IS SOLELY RESPONSIBLE FOR THE PROGRAM OPERATION. ANN TAYLOR OR LOVELOFT MAY CHANGE THE TERMS OF THE PROGRAM AT ANY TIME.
1. General Information and Definitions. The Ann Taylor or LOVELOFT Rewards Program ("Program") allows you to accumulate points ("Points") on the dollars you spend as described in Section 3 below, in your Ann Taylor or LOVELOFT Account ("Account"). You can then redeem those Points for reward certificates, valid at Ann Taylor, LOFT, Ann Taylor Factory Stores, LOFT Outlet, AnnTaylor.com, and LOFT.com, ("Rewards"), as described in Section 4 below.
These Program Terms are separate and independent from your Ann Taylor or LOVELOFT Credit Card Account Agreement ("Agreement"), which governs the use of your Ann Taylor or LOVELOFT Credit Card ("Card"). In the event of any conflict between these Program Terms and your Agreement, these Terms will control in any matter relating to the Program.
In these Program Terms, "you" and "your" mean the Account holder. "We," "our," and "us" mean ANN INC. "Bank" means Comenity Bank or its assignees. Other capitalized words not specifically defined have the same meaning as in your Agreement.
There is no additional cost to you to participate in the Program. See your Agreement for any fees that you may incur for using your AnnTaylor or LOVELOFT Card.
The Program is not available to the extent it is prohibited by federal, state, or local law. FROM TIME TO TIME WE MAY CHANGE THE PROGRAM AND THESE PROGRAM TERMS IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING ANY APPLICABLE NOTICE REQUIREMENTS. THESE CHANGES MAY BE MADE WITHOUT NOTICE TO YOU AND BECOME EFFECTIVE IMMEDIATELY UPON POSTING TO OUR WEBSITE. In some instances, we may change the terms and conditions of the Program for certain stores, products, or geographic locations including for purposes of testing our Program.
2. Eligibility. You will be automatically enrolled in the Program when the Bank opens your Account. To remain eligible to accumulate Points under the Program, your Account must be in Good Standing. "Good Standing"means your Account is (1) open to new charges, (2) not more than 60 days past due under the Agreement, and (3) not flagged as lost, stolen, or fraudulent according to Bank's written or electronic records. Membership will be renewed automatically each year as long as your Account is in Good Standing and we continue to offer the Program, unless you notify us of cancellation. 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.
3. Points. You will accumulate Points for Net New Purchases on your Account so long as your Account is in Good Standing. You will accumulate:
"Net New Purchases"means purchases of goods and/or services made by you or any Authorized User on your Account minus any discounts, returns, charge backs, refunds or credit adjustments, rounded to the nearest dollar exclusive of any taxes. Points awarded for purchases that are returned or refunded or otherwise adjusted will be deducted from your Point total. Such deductions may result in a negative Points balance, in which case, any Points you earn will be applied to reduce that balance and you will not be able to redeem Points until you again have a positive balance.
Points are not accumulated on: balance transfers, convenience checks, cash advances, interest, fees, overdraft advances, unauthorized or fraudulent charges, purchases of money orders, travelers checks, foreign currency or other cash equivalents, purchases made by or for a business or for a business purpose; fraudulent transactions; and transactions subject to adjustment; or on interest or fees of any kind, such as finance charges, late payment fees, and cash advance fees.
We may from time to time make special offers to accumulate additional Points on specific purchases. The terms and conditions for such special offers (such as which purchases qualify for what members and in what stores or geographic areas and the number of additional Points you may accumulate) will be disclosed with 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). Availability of any special offer is subject to change without notice.
Some or all of such special offers to accumulate additional Points may require you to register your Account in order to be eligible for the offer. For special offers requiring registration, the offer will provide you with information on how to register, as well as the time period in which you must register in order to be eligible for the offer; you must register within the required time period and prior to making a qualifying purchase in order to receive the additional Points on such purchase.
Points are usable when they are posted to the redemption system and you accumulate enough for a reward. Points will be posted to your Points balance at comenity.net/anntaylor or comenity.net/loft. Points may take up to forty-five (45) days to be posted to your statement following a qualifying purchase. We reserve the right to verify and adjust Points at any time prior to or following posting or redemption.
There is no maximum number of Points that may be accumulated per billing period or year.
4. Redeeming Points for Rewards. Points are redeemed for Rewards automatically.
2,000 Points = $20 Reward
Points will be redeemed on a "first in, first out" basis, such that the first Points accumulated will be the first Points redeemed.
Once you've earned a Reward, 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 Reward(s), future Points earnings will be applied to the Reward(s) until such time as sufficient Points are earned to cover the Reward(s). You will not be able to redeem Points until you again have a positive balance. If Points earned are determined to be unauthorized or fraudulent, you will not earn a Reward for those Points.
Points you earn may not be combined with Points earned by anyone else for purposes of receiving Rewards. Points have no cash value, and cannot be purchased, sold or redeemed for cash. Points may not be used as payment of any outstanding obligations to the Bank or its affiliates.
You may only redeem Points if your Account is in Good Standing, as defined in Section 2. If your Account is not in Good Standing, you will not be eligible to redeem them until the end of the billing period in which your Account is once again in Good Standing.
5. Point Expiration and Forfeiture. Points not redeemed will be carried over to the following statement period. However, Points will expire 12 months after the date that they are accumulated. Once Points expire, they may not be redeemed. You will also forfeit your unused and unexpired Points if you attempt to violate the prohibitions on the transfer of Points, if you file for bankruptcy, or if the Bank or you close your Account for any reason. You will not be entitled to and will not receive any compensation from us for your Points that expire or are forfeited.
6. Rewards.Rewards have no cash value and may not be applied to taxes or shipping charges. Rewards will not be honored retroactively in connection with any prior purchases. Rewards expire 90 days after issuance.
7. 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 atwww.comenity.net/anntaylor or www.comenity.net/loft or Ann Taylor 1-866-730-7902 (TDD/TTY 1-800-695-1788) or LOFT 1-866-907-5612 (TDD/TTY 1-800-695-1788). Neither We nor the Bank are responsible for communications, including Rewards, lost due to change of address or other contact information.
8. Program Activity and Customer Service. You can view your Program activity, the number of unused and unexpired Points in your Points balance and any redemption activity at www.comenity.net/anntaylor or www.comenity.net/loft or on your billing statements. You can also call 1-866-730-7902 (TDD/TTY 1-800-695-1788) for Ann Taylor or 1-866-907-5612 (TDD/TTY 1-800-695-1788) for LOFT for such information and to find out whether you earned Points from a particular transaction; whether a Reward was properly redeemed; the status of a redemption order; or want to ask any other question regarding the Program.
9. Points Disputes. Your billing rights and the special rights that apply when you are dissatisfied with your credit card purchases, which rights are set forth in your Agreement, do not apply to the Program. If you believe that a purchase made on your Account should have resulted in the addition of Points to your Points balance, and such Points are not reflected in the Points balance within forty-five (45) days of the date on which the purchase posted to your Account ("Points Dispute"), notify us immediately. 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. If you do not notify us within such ninety (90)-day period, you will have waived your right to make a Points Dispute with respect to that 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. Upon completion of our investigation of your Points Dispute, we will have no further responsibilities should you later reassert the same Points Dispute.
All disputes related to the Program are subject to the Jury Trial Waiver and Arbitration Provision in your Agreement.
10. Changes to the Program. Subject to any notice requirements and other limitations imposed by applicable law, we may, at any time: (a) change, limit, or terminate any aspect of the Program or these Program Terms, including the types of Rewards available, the items available as Rewards, and the cost or point value of Rewards; (b) terminate the Program in its entirety; (c) amend these Program Terms in whole or in part, including adding provisions covering subjects not previously addressed; (d) discontinue or replace any Rewards with similar Rewards or Rewards of lesser, equal or greater value; (e) add or increase fees charged in connection with the Program; (f) test different variations of the Program in certain stores, markets, geographic regions or other divisions; or (g) terminate your participation in the Program for any reason. Changes may apply retroactively and may affect outstanding transactions and Points, and may include, without limitation, the earnings rate for Points, the number of Points required to obtain specified Rewards, the type of transactions qualifying for Points, the type or value of Rewards, the expiration date of Points, and the maximum number of Points that may be earned per billing period or year. Any of the foregoing actions may be taken even if such actions affect the value of Points already accumulated.
11. No Commercial Use. The Program is solely intended for personal, household and consumer use. If we determine on our sole discretion that you are a commercial user, are attempting to use the Program or make purchases towards points in the Program for commercial use, or are using the Points for commercial use, we may terminate your participation in the Program without prior notice or compensation to you.
12. Cancelling Program Participation. You may cancel your participation in the Program at any time by calling us at Ann Taylor 1-866-730-7902 (TDD/TTY 1-800-695-1788) or LOFT 1-866-907-5612 (TDD/TTY 1-800-695-1788). If you cancel your participation in the Program, you will no longer earn Points and, as previously noted, you will forfeit your unused and unexpired Points.
13. Lost, Stolen or Damaged Cards. You will not lose your unused and unexpired Points if your Card is lost, stolen or damaged and we provide a replacement Card, even if such replacement Card has a different Account number. However, if your Card is reported as lost, stolen, or damaged you will not earn Points and are responsible for any use of points until we provide a replacement Card.
15. Not Transferable.Points are not your property and are not transferable to anyone by operation of law or otherwise. Points may not be transferred between accounts issued by us or the Bank, may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering Points, either wholly or partially, shall 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, 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 shall 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.
16. 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. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
17. Severability.If a court of competent jurisdiction or any government agency determines that any provision of these Program Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, 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.
18. 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 Delaware, without any reference to its choice of law provisions.
19. Entire Agreement; No Waiver By Us. These Program Terms contain the entire understanding between you and us regarding the Program. These Program Terms replace and supersede any previous terms and conditions governing the Program we may have provided to you. We can delay enforcing our rights under these Program Terms without losing them. 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.
The Ann Taylor and LOVELOFT credit card accounts are issued by Comenity Bank.
With your Ann Taylor MasterCard®, you have continued security – and zero liability*. Shop anywhere – on line and in stores, knowing that we have measures in place to protect you. If your card is ever lost or stolen, you won't be responsible for unauthorized purchases.
*Certain terms, conditions and exclusions apply; contact us if you have questions.
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