PROGRAM RULES AND REGULATIONS

“PROGRAM TERMS” 

COLDWATER CREEK MASTERCARD®

REWARDS PROGRAM

ALL OF THE PROGRAM TERMS ARE SUBJECT TO THE JURY TRIAL WAIVER AND ARBITRATION PROVISION IN YOUR CREDIT CARD ACCOUNT AGREEMENT

PLEASE READ THE FOLLOWING TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN THE COLDWATER CREEK MASTERCARD REWARDS PROGRAM.

POINTS WILL BE FULFILLED FOR COLDWATER CREEK REWARDS CERTIFICATES VALID IN STORE, ONLINE, CATALOG AND TELEPHONE. REWARD CERTIFICATES ARE ISSUED FOR AWARD PURPOSES. YOU WILL NOT BE CHARGED FEES IN CONNECTION WITH THE REWARD CERTIFICATES. SEE YOUR CREDIT CARD ACCOUNT AGREEMENT FOR ANY FEES THAT YOU MAY INCUR FOR USING YOUR MASTERCARD.

THIS REWARDS PROGRAM IS PROVIDED BY COLDWATER CREEK, WHICH IS SOLELY RESPONSIBLE FOR THE PROGRAM OPERATION. COLDWATER CREEK MAY CHANGE THE TERMS OF THE PROGRAM AT ANY TIME.

The Coldwater Creek MasterCard Credit Card is issued by Comenity Bank pursuant to a license from MasterCard International Incorporated. MasterCard is a registered trademark of MasterCard International Incorporated. 

1. General Information; Definitions; Changes. The Coldwater Creek MasterCard Rewards Program (the

“Program”) allows you to earn points (“Points”) on the dollars you spend as described in Section 3 below, using your Coldwater Creek MasterCard Account (your “Account”). Points will be fulfilled for Coldwater Creek Rewards certificates which can be redeemed in store, online, catalog, and telephone (the “Rewards Certificates”), as described in Section 4 below. These Program Terms are separate and independent from your Coldwater Creek MasterCard Credit Card Account Agreement (“Agreement”), which governs the use of your Coldwater Creek MasterCard (your “Card”). In the event of any conflict between these Program Terms and the Agreement, these Terms will control in any matter relating to the Program. In these Program Terms, “Cardholder”, “Participant”, “you” and “your” mean the Account holder. “We,” “our,” “ours,” and “us” mean Coldwater Creek. “Bank” means Comenity Bank or its assignees. Other capitalized words not specifically defined have the same meaning as in your Agreement. The Program is not available to the extent it is prohibited by federal, state, or local law. These Program Terms contain the entire understanding between you and us regarding the Program. FROM TIME TO TIME WE MAY CHANGE THE PROGRAM AND THESE PROGRAM TERMS IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING ANY APPLICABLE NOTICE REQUIREMENTS.

2. Eligibility. You will be automatically enrolled in the Program when you open your Account. To remain eligible to accumulate Points under the Program, your Account must be in Good Standing. “Good Standing” means your Account is open to new charges and is not (1) more than 60 days past due under the Agreement or (2) 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 for any reason whatsoever.

3. Earning Points. You will earn Points for Net New Purchases on your Account so long as your Account is in Good Standing. The number of Points earned depends on where the Net New Purchases are made. You will earn: Five (5) Points for each $1.00 of Net New Purchases made at Coldwater Creek and at coldwatercreek.com 

One (1) Points for each $1.00 of Net New Purchases made anywhere MasterCard is accepted. “Net New Purchases” means purchases of goods and/or services made by the Cardholder or any Authorized User of the Account minus any returns, refunds or credit adjustments, rounded to the nearest dollar. Points awarded for purchases that are returned or refunded or otherwise adjusted will be deducted from your Point total. Points are not earned on: balance transfers, convenience checks, cash advances, 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, or interest or fees.

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) will be disclosed at the time of 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.

If your Account is not Current, your Points will continue to accumulate; however, you will not be eligible to receive Reward Certificates until the end of the billing period in which your Account is once again Current. “Current” means your Account (1) is open to new charges, (2) is not delinquent or in default under the Agreement, (3) does not have a balance over the assigned credit limit, and (4) is not flagged as lost, stolen, or fraudulent according to Bank’s written or electronic records.

Points generally will be posted to your Points balance the same day that the purchase is posted to your Account. Points related to special offers may not be posted for up to 1 to 2 billing cycles. Points for purchases of Coldwater Creek Brand products are posted within seven (7) days of the day that the purchase is posted to your Account. Points are considered earned when they are posted to the redemption system. 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 earned per billing cycle or year, except as otherwise provided in a special offer.

4. Fulfilling Points for Reward Certificates. Your points will be fulfilled for Reward Certificate(s) on a monthly basis. 2,000 Points = $20 Coldwater Creek Reward Certificate Points will be fulfilled on a “first in, first out” basis, such that the first Points earned will be the first Points fulfilled. Once points have been fulfilled, your Points balance will be reduced by the number of Points used to obtain the Reward Certificate(s). Points earned 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.

5. Point Expiration and Forfeiture. Points not fulfilled will be carried over to the following month. You will also forfeit your unused 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 are forfeited.

6. Reward Certificate Terms and Conditions. Rewards Certificates will be redeemed before any other offer/ discount is applied. Rewards Certificates are required for redemption at Coldwater Creek Retail and Outlet stores, through Coldwater Creek catalogs, and online at coldwatercreek.com and must be surrendered at time of purchase. Valid for one-time use per customer on merchandise purchases only. Not valid on previous purchases or for Coldwater Creek gift cards. No minimum purchase is required; however, if merchandise total is less than the Rewards Certificate value, remaining value of the Rewards Certificate will be forfeited. In the event of a return or exchange, the portion of the Rewards Certificate value used for the returned item will be refunded as a merchandise credit. The amount refunded will equal the actual merchandise purchase price paid. Rewards Certificates are issued by Coldwater Creek Rewards Inc. and have no cash value. Purchases made on coldwatercreek.com are subject to coldwatercreek.com Terms of Use at http://www. coldwatercreek.com/CustServ/Terms.aspx. In the event that any Coldwater Creek Terms of Use conflict with these Program Terms, the Program Terms will control. 

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 at the Program Website, comenity.net/ coldwatercreekcard.

8. Program Activity. You can view your Program activity at the Program Website, comenity.net/coldwatercreekcard, which will show the number of unused Points in your Points balance and any fulfillment activity. You can also view your statement online or call us at 1-855-463-6345 (TDD/TTY 1-800-695-1788) for such information and to find out whether you earned Points from a particular transaction.

9. Customer Service. If you want to know whether a Reward Certificate was properly fulfilled, want to know the status of a fulfillment order, or want to ask any other question regarding the Program, call us at 1-855-463-6345 (TDD/TTY 1-800-695-1788). 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 with your Card 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 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.

10. Limited Liability. We may waive any obligation you have under these Program Terms without losing our right at a later time to enforce that same obligation. We will not lose any of our rights under these Program Terms if we delay taking action for any reason. If we take any other action, we will not lose any rights under these Program Terms.

Unless otherwise required by law or our agreements with you, neither we nor the Bank, nor any of our or its affiliates, 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 temporary suspension of the Program; (b) any claim relating to any products purchased using any Reward Certificates obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; (d) any content, products or service appearing on a website to which we provide a link from the Program Website; or (e) any taxes that you incur as a result of receiving or fulfilling Points. Notwithstanding the foregoing, any liability that we may have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Program Terms.

11. 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 and the cost 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) establish expiration rules for Points; 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 cycle or year. Any of the foregoing actions may be taken even if such actions affect the value of Points already earned.

12. Cancelling Program Participation. You may cancel your participation in the Program at any time by calling us at 1-855-463-6345 (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 Points.

13. Lost, Stolen or Damaged Cards. You will not lose your unused 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 until we provide a replacement Card.

14. Privacy. All information collected about you in connection with the Program is subject to our privacy policy, which can be obtained at http://www.coldwatercreek.com/CustServ/Privacy. aspx.

15. Not Transferable. Points are not your property and are not transferable to anyone by operation of law or otherwise. You may not transfer Points between accounts issued by us, upon death or as part of any domestic relations legal proceedings, and may not broker, barter, sell or transfer Points 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 Reward Certificates 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. Waivers. 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.