ANN TAYLOR OR LOVELOFT REWARDS PROGRAM TERMS
IMPORTANT NOTICE: On 4/2/19 the rewards program, benefits and terms are changing, including how points expire and required membership information. Visit www.loft.com/rewards for the updated terms and FAQs. Now through 4/1/19, cardmembers will receive a $20 reward for every 2,000 points earned. Cardmembers receive a birthday offer via postcard if they have made a purchase on their credit card in the last 12 months, provided their birthday information, and are in Good Standing. Beginning on 4/2/19, cardmembers will receive a $5 reward for every 500 points earned. Cardmembers will receive a birthday offer via email only if they have provided their birthday information. A valid email must be provided to LOFT (www.loft.com/rewards) to remain in the updated rewards program.
Please read these Terms carefully for important information about your rights and obligations in the Ann Taylor and LOVELOFT Rewards Program ("Program"). By participating in the Program, you agree to these Terms.
In these Terms, "you" and "your" mean the Account holder. "We," "our," and "us" mean ANN INC. "Bank" means Comenity Bank or its assignees.
The Program is provided by ANN INC. ANN INC is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at any time. The purpose of the Program is to reward customers for certain uses of their Ann Taylor or LOVELOFT credit card ("Card").
FOR THE MOST UP-TO-DATE TERMS, PLEASE VISIT COMENITY.NET/ANNTAYLOR OR COMENITY.NET/LOFT.
1. General Information and Definitions. The Program ("Program") allows you to earn points ("Points") on the dollars you spend as described in Section 3 below, using your Ann Taylor or LOVELOFT Credit Card Account ("Account"). Once you hit certain Point thresholds, Ann Taylor or LOFTLOFT Rewards Certificate(s) will be issued, which will be valid at Ann Taylor, LOFT, Ann Taylor Factory Stores, LOFT Outlet, LOU & Grey, AnnTaylor.com, LOFT.com, AnnTaylorFactoryStore.com, LOFTOutlet.com and louandgrey.com as described in Section 4 below.
These Terms are separate and independent from your Ann Taylor or LOVELOFT Credit Card Account Agreement ("Agreement"), which governs the use of your 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. All information collected about you in connection with the Program is subject to our privacy policy, which can be obtained at anntaylor.com/privacy for Ann Taylor and loft.com/privacy for LOFT. Purchases made on anntaylor.com or loft.com are subject to Terms of Use at anntaylor.com/terms or loft.com/terms. In the event that the Terms of Use conflict with these Terms, these Terms will control in any matter relating to the Program.
2. Eligibility; Withdrawal of Program. We will automatically enroll you in the Program when the Bank opens your Account. You may cancel your participation in the Program in accordance with Section 11. Unless you cancel your participation, you will remain enrolled in the Program as long as your Account remains open and in Good Standing and we continue to offer the Program. "Good Standing" means(1) your Account open to new charges and not over your credit limit,, (2) your Account is not more than 60 days past due or otherwise in default, (3) your Card is not flagged as lost, stolen, or fraudulent according to the Bank's records, (4) your Account is not in a hardship or workout program, and (5) you are not subject to a credit counseling arrangement relating to your Account.. We may withdraw the Program or deny or revoke your participation in the Program at any time for any reason.
3. Earning Points.
The Program is limited to earning Points for Net Eligible Purchases. Net Eligible Purchases are purchases of goods and services for personal, family and household purposes using your Card and the Card(s) of your Authorized User(s), if any, minus any returns, refunds or credit adjustments, rounded to the nearest dollar.
Points are not earned on, and the term "Net Eligible Purchases" does not include: tax, shipping, returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, purchases made by or for a business or for a business purpose, balance transfers, interest, fees or other Account activity. We have the right to deduct Points from your Points balance for charges that were not or do not remain Net Eligible Purchases. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. Points you earn may not be combined with Points earned on any other credit account. Points earned have no cash value and may not be used as payment of any outstanding obligation to the Bank or its affiliates or to ANN INC.
You will earn: 5 (#) Points for each $1.00 of Net Eligible Purchases made at any ANN INC. Brands.
(b) Points for Special Offers. From time to time, we may make special offers for you to earn additional Points for Net Eligible Purchases.
These additional points are called "Bonus Points." The way to earn Bonus Points, and the Bonus Points that can be earned, may vary. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. You may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Your Net Eligible Purchase must be completed and the transaction charged to your Account during the special offer period in order for you to earn the applicable Bonus Points. For mail order, special order, online, and other purchases, please be aware that we may not charge your Account until items purchased have shipped. During special offer periods, making a return in the same transaction as your purchase may result in earning fewer Points because Points are calculated off of your Net Eligible Purchase (in this case, your purchase minus return).
(c) Posting of Points Earned; Expiration; Forfeiture. You will receive your Points balance on your Account statement and online management center each month. Points will be received within two monthly billing statements. At any time, we may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, Net Eligible Purchases. Points will appear in your Points balance until the Point threshold for a Rewards Certificate is achieved, at which time a Rewards Certificate will be issued as described in Section 4, are forfeited, or expire.
Points will expire 12 months after the date that they are posted to your Points balance. Except as otherwise provided by applicable law, you will forfeit all unused Points if you file for bankruptcy, or your participation in the Program is terminated or your Account is closed for any reason. You will also forfeit Points as described below and in Sections 9 and 11. You will not receive any compensation or new Points for your Points that expire or are forfeited.
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 goods obtained with them or goods obtained with Rewards Certificates associated 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 or 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.
4. Rewards.
When you earn enough Points (a "Reward Level"), you will be eligible for a Rewards Certificate as long as your Account is in Good Standing. Rewards Certificates are redeemable for a specified dollar amount off qualifying purchases at Ann Taylor, LOFT, Ann Taylor Factory Stores, LOFT Outlet, Lou & Grey, AnnTaylor.com, LOFT.com, LOFTOutlet.com, AnnTaylorFactoryStore.com and louandgrey. The current Reward Level is 2,000 Points (2,000 Points = $20 Rewards Certificate). The current maximum Reward Level is a $300 Rewards Certificates per billing cycle. Reward Levels are subject to change without notice. Once you've earned a Rewards Certificate, your Points balance will be reduced by the number of Points used to obtain the Rewards Certificate(s). Rewards Certificates will be provided on comenity.net/anntaylor, comenity.net/loft, Ann Taylor Credit Card App, and LOVELOFT Card App within 3 business days after earning the requisite Points, or such other method as we may choose from time to time, and will be provided in your billing statement within 30 days after issuance. To change the primary billing address for your Account, please contact the Bank, as described in Section 5.
We will only issue a Rewards Certificate if your Account is in Good Standing. If your Account is not in Good Standing, you will not be eligible to receive Rewards Certificates until the end of the billing period in which your Account is once again in Good Standing.
Rewards Certificates expire 100 days from the date they are issued.
The Rewards Certificate will be forfeited if the merchandise is returned. Rewards Certificates are issued for reward purposes only. The value of your Reward(s) will be refunded on a merchandise return in stores, or on a return, exchange or cancellation online if Reward(s) were used to make the purchase. Rewards Certificates have no cash value and may not be applied to taxes or shipping charges. Rewards Certificates will not be honored retroactively in connection with any prior purchases. Rewards Certificates may not be used as payment of any outstanding obligations to the Bank or its affiliates. Rewards Certificates can be partially redeemed if the purchase amount does not exceed the Rewards Certificate amount. The remaining amount can be used until the value expires. Any additional exclusions or limitations for use of Rewards Certificates will be provided to you on the Rewards Certificate.
To the extent allowed by applicable law, we may cancel any earned or outstanding Rewards Certificates if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.
5. Communications, Program Activity and Customer Service. We may contact you about the Program by mail, phone, e-mail or other methods permitted under applicable law. As needed, you agree to promptly update your contact information at comenity.net/anntaylor or 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). We are not responsible for Rewards Certificates or communications lost or undelivered due to incorrect or changed address or other contact information.
You can view your Program activity at comenity.net/anntaylor or comenity.net/loft or on your billing statement. For customer service, call 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).
6. Points Disputes. If Points you believe were earned have not timely posted to your Points balance, you may dispute your Points balance ("Points Dispute") by calling Ann Taylor 1-866-730-7902 (TDD/TTY 1-800-695-1788) or LOFT 1-866-907-5612 (TDD/TTY 1-800-695-1788) immediately. We will use reasonable efforts to investigate your Points Dispute if you notify us within 90 days of the posting date. If you do not notify us within that period, you waive your right to make a Points Dispute with respect to that purchase. We may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Points Dispute. Please note that the dispute rights with respect to your Account under the Account Agreement do not apply to these Terms or to your rights and remedies under these Terms, which are solely as set forth in these Terms. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Points to your Points balance.
7. Limited Liability. Unless otherwise required by law or our agreements with you, ANN INC nor the Bank, nor any of our or its parents, affiliates, subsidiaries, 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 any products purchased using any Reward Cards obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Points. Notwithstanding the foregoing, and to the fullest extent permitted by law, 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.
8. No Warranties. The Bank does not: (a) endorse Rewards Certificates or products or services purchased at ANN INC. using Rewards Certificates; (b) make any express or implied warranty regarding Rewards Certificates or products or services purchased at ANN INC.; or (c) guarantee the performance of Rewards Certificates or products or services purchased on ANN INC.
9. Changes. Subject to any requirements and limitations of applicable law, we may, at any time for any reason add to, change, limit or terminate the Program or these Terms. To the extent allowed by applicable law, (a) changes may apply retroactively, and may affect outstanding transactions and Points, and may result in you involuntarily forfeiting Points you have earned, and (b) changes will not affect issued or redeemed Rewards Certificates except to the extent allowed by applicable law.
10. Taxes. You are solely liable for any applicable taxes arising out of the accrual or use of Points or Rewards Certificates. Consult your tax advisor concerning any tax consequences.
11. 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 you will forfeit your unused and unexpired Points. Your cancellation will not affect any previously issued Rewards Certificates unless you also close your Account.
12. Governing Law; Assignment. The Program and these Terms are governed by federal law and, to the extent state law applies, the laws of the State of New York, without any reference to its choice of law provisions. You may not assign your rights or obligations under these Terms to any other person or entity.
13. Agreement to Arbitrate.
Any legal dispute between you and ANN INC. concerning or arising out of your use of the Program, these Terms, any products or services distributed through the Program, your participation in the Program provided by ANN INC., or any other dispute of any nature between you and ANN INC, shall be resolved through binding individual arbitration. However, either you or ANN INC. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The binding arbitration will be 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. Unless you and ANN INC. agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in New York, New York. Ann Taylor will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys' fees and expenses against you. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms and Conditions, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of New York will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
We encourage you to call ANN INC. in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
14. Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and ANN INC. also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and ANN INC. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
15. Entire Agreement; Severability; Conflicts; No Waiver. These Terms contain the entire agreement between you and us regarding the Program, and supersede any previous terms and conditions governing the Program we may have provided to you. The Program is not available where and to the extent prohibited by law. If any part of these Terms conflict with applicable law, that provision will be deemed severed from these Terms and the remainder of the Terms will remain in effect. We will not lose our rights under these Terms because we delay or do not enforce them. All waivers of any of these Terms by us must be in a writing executed by someone with authority to bind us.