Effective 5/14/19, the Terms and Conditions of the Lane Rewards Program are changing and Lane Bryant Credit cardholders may need to act to remain in the program. For Full details, including our updated rewards Terms and Conditions, please visit www.lanebryant.com/rewards.
AS DETAILED IN THE SECTION BELOW TITLED DISPUTE RESOLUTION AND ARBITRATION, THESE PROGRAM TERMS REQUIRE BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. PARTICIPATION IN THE LANE REWARDS PROGRAM ("PROGRAM") IS SUBJECT TO YOUR AGREEMENT TO ARBITRATE. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS, YOU MUST NOT PARTICIPATE IN THE PROGRAM. YOU AGREE THAT ANY AND ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO YOUR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY CLAIM.
PLEASE READ THE FOLLOWING PROGRAM TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN THE PROGRAM.
POINTS ACCRUED UNDER THIS PROGRAM EXPIRE 12 MONTHS FROM THE DATE THEY ARE EARNED. BEFORE THEIR EXPIRATION, YOU MAY CONVERT POINTS FOR LANE BRYANT REWARDS VALID AT lane bryant stores (NOT ONLINE). REWARDs ARE ISSUED FOR AWARD PURPOSES AND EXPIRE AS DISCLOSED ON EACH INDIVIDUAL REWARD YOU WILL NOT BE CHARGED FEES IN CONNECTION WITH THE REWARDS. SEE YOUR LANE BRYANT CREDIT CARD ACCOUNT AGREEMENT FOR ANY FEES THAT YOU MAY INCUR FOR USING YOUR LANE BRYANT CREDIT CARD.
THIS PROGRAM IS PROVIDED BY LANE BRYANT, INC
1. General Information; Definitions; Changes. The Program allows you to earn points ("Points") on the dollars you spend as described in Section 3 below, using your Lane Bryant Credit Card Account (your "Account"). Then those Points will be converted for Lane Bryant Rewards valid at Lane Bryant stores (not online), as described in Section 4 below (collectively, the "Rewards").
These Program Terms are separate and independent from your Lane Bryant Credit Card Account Agreement (your "Agreement") which governs the use of your Lane Bryant Credit Card (your "Card"). In the event of any conflict between these Program Terms and your Agreement, these Program 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 Lane Bryant, Inc. "Bank" means Comenity Bank or its assignees. The Program is not available and void 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 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. 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 Points and Rewards that you earn using your Account or any associated password and you agree you will not sell, transfer or assign any Program membership rights. For online users, you are responsible for maintaining the confidentiality of your password (if any) and for restricting access to your computer (or other device, as applicable) so that others may not access your Points or Rewards.
3. Earning Points. You will earn Points for Net New Purchases (defined below) on your Account so long as your Account is in Good Standing. You will earn:
2 Points for each $1.00 of Net New Purchases at Lane Bryant, Lane Bryant Outlet, Cacique, cacique.com and lanebryant.com
1 Point for each $1.00 of Net New Purchases at Catherines and Catherines.com
"Net New Purchases" means purchases of goods and/or services made by you or any authorized user on your Account minus any returns, refunds or credit adjustments, rounded to the nearest dollar. Net New Purchases does not include purchases made prior to your participation in the Program. 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 convert Points until you again have a positive balance.
Points are not earned on: balance transfers, unauthorized or fraudulent charges, purchases made by or for a business or group or for a business purpose, interest or fees or Reward redemption.
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 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).
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.
We reserve the right to verify and adjust Points at any time prior to or following posting or redemption.
4. Converting Points to Rewards.
See Program details located at www.Lanebryant.com/loyalty for how many Points must be accrued to earn Rewards, the value of Rewards and other Program benefits.
After your Points are automatically converted to Rewards, those Points will be removed and the corresponding Rewards will be sent to you via regular mail, or by other means in our sole discretion, approximately 45-90 days after the conversion.
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. Points may not be used as payment of any outstanding obligations to the Bank or its affiliates.
Points are only converted 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 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 may not be converted to Rewards. You will also forfeit your unused and unexpired Points if you attempt to violate the prohibitions on the transfer of Points or Rewards, if you file for bankruptcy, if you breach these Program Terms 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. Reward certificates. Limit one (1) Reward per purchase and transaction. 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. A Reward may be applied to an "Authorized Purchase" which is defined as purchases of Lane Bryant merchandise at a Lane Bryant store (not online) as long as the Account is in Good Standing, and the Reward has not expired; except that a Reward may not be applied to purchase of gift cards or credit card payments, or retroactively in connection with any prior purchases or orders.
To receive the value of the Reward when making an Authorized Purchase, at the time of purchase you must present and surrender an original paper version of your unexpired Reward. Lane Bryant reserves the right to require the person using a Reward to show proof that they are the person associated with the Reward. After using the Reward the Lane Bryant representative will not return the paper to you.
After Rewards expire, 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) will be disclosed at the time we send notification of the Separate Awards.
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 www.lbcard.com or by calling 1-800-888-4163 (TDD/TTY 1-800-695-1788). Neither we nor the Bank are responsible for communications, including Rewards and Points, lost due to change of address or other contact information or unavailable connections.
8. Program Activity and Customer Service. You can view your Program activity on www.lbcard.com, your billing statement, or Lane Bryant mobile app, which will show the number of unused and unexpired Points in your Points balance and any redemption activity. You can also call us at 1-800-888-4163 (TDD/TTY 1-800-695-1788) for such information and to find out whether you earned Points from a particular transaction.
If you want to know whether a Reward was properly redeemed, want to know the status of a redemption, or want to ask any other question regarding the Program, call us at 1-800-888-4163 (TDD/TTY 1-800-695-1788).
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 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. 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 and Indemnification. 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 the Bank nor Lane Bryant, nor any of our or their 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 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 shall be limited to the amount of any Points you have earned in accordance with these Program Terms.
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.
11. No Warranties. WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, 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.
12. Changes to these Program Terms and Termination of the Program. We reserve the right to modify these Program Terms from time-to-time, with reasonable notice to Program members. We will notify you of changes to these Program Terms by posting them to www.lbcard.com and may also notify you by email or mail to the address then associated with your Account. The updated Program Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by us. The updated Program Terms will apply to your participation in the Program beginning as of their effective date. We also reserve the right to change, from time-to-time, the conditions for participation in the Program, the activities that earn Points or the number of Points awarded for those activities, redemption requirements, the type of merchandise for which Rewards may be redeemed, or the mechanism for redeeming Rewards. 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
13. Cancelling Program Participation. You can cancel your participation in the program by calling 1-800-888-4163 (TDD/TTY 1-800-695-1788). If you cancel your participation in the Program, you will no longer earn Points and Rewards and, as previously noted, you will forfeit your unused and unexpired Points and Rewards.
14. 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 until we provide a replacement Card and you activate that Card in accordance with the Bank's procedures.
15. Privacy. Information collected about you in connection with your Account, the Program, and Rewards certificate delivery is subject to the Bank's privacy policy, which can be obtained at: https://comenity.net/lanebryant/public/onlineprivacy/OnlinePrivacy.xhtml. When you visit www.lanebryant.com or Lane Bryant's mobile application, your interactions with the website or mobile application will be subject to Lane Bryant's privacy policy https://www.lanebryant.com/custserv/custserv.jsp?id=273#273 and terms of use https://www.lanebryant.com/content.jsp?pageName=TermsOfUse.
16. Loss of Points and Rewards; Termination of Your Loyalty Account. In addition to termination of the Program pursuant to Section 12, 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 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.
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.
17. 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 by you 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 or Rewards, 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 or Rewards 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.
18. 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.
19. 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 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.
20. 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.
21. DISPUTE RESOLUTION AND ARBITRATION: 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. 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.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, WE SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN FRANKLIN COUNTY, OHIO, 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 PROMOTION 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). THE FEDERAL OR STATE LAW THAT APPLIES TO THESE PROGRAM TERMS WILL ALSO APPLY DURING THE ARBITRATION. 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 FRANKLIN COUNTY, OHIO. WE AGREE TO PAY THE ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF ENTRANT 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.
22. 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.
23. 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.
Our performance of these Program Terms is subject to existing laws and legal process, and nothing contained in these Program Terms is in derogation of our right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by us with respect to such participation.
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.lbcard.com, the electronic/online version shall control. No modification of these Program Terms will be effective unless it is authored by us, or unless it is physically signed by a Lane Bryant officer.