We are making changes to the My Place Rewards terms and conditions, which will go into effect on October 9, 2016. Here are the highlights:
PLEASE NOTE: THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH THE CHILDREN'S PLACE ARE RESOLVED. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
My Place Rewards ("the Program") is sponsored by The Children's Place, Inc. ("the Company").
You may become a member of My Place Rewards ("Membership") free of charge if you are a legal resident of the United States (including Puerto Rico) or Canada and have reached the age of majority in your jurisdiction of residence. You may apply for Membership in a U.S. The Children’s Place store or online at childrensplace.com.
To establish your Membership, you need to provide your first and last name, a valid email address, zip code, and phone number. In addition, if you are a My Place Rewards Credit Cardholder, you will be enrolled in the Program and will earn points on eligible transactions.1
Program communications, offers, and reward certificates will be sent via email; therefore, a valid email address is required for Membership. If you applied for Membership in a U.S. store, you must create an online account at childrensplace.com for certain features of the Program. If you are a My Place Rewards Credit Cardholder and have not previously provided a valid email address, you may create an online account at childrensplace.com or call 1-877-PLACE-US (752-2387) to update your contact information. When creating your online account, please use the same information provided during the My Place Rewards Credit Card application process so your rewards account may be properly synced with your My Place Rewards Credit Card. If you notice a discrepancy in your rewards account after you have created your online account, please call 1-877-PLACE-US (752-2387). You are responsible for providing any changes or updates to your contact information, which may be made online at childrensplace.com or by calling 1-877-PLACE-US (752-2387).
You may have only one My Place Rewards account. If you are a My Place Rewards Credit Cardholder, you may have four additional authorized buyers on your credit card account, and all authorized buyers will have one My Place Rewards account under the primary cardholder’s name and contact information. If you are not a My Place Rewards Credit Cardholder, two members may share an account if they are legal residents of the same household. In this instance, account sharing will be permitted if a requesting member provides reasonable proof that he/she legally shares a household with another member.
Residents of Canada: Points can only be earned and reward certificates can only be redeemed on purchases made at The Children's Place and The Children's Place Outlet stores located in the United States and Puerto Rico, and at childrensplace.com if shipped to a street address or PO Box in the United States.
By enrolling in the Program, you are confirming that you are the age of majority in your jurisdiction of residence, you accept these terms and conditions, and you give the Company the right to use your transactional and profile data to send personalized program communications and special offers to the email address provided during enrollment.
You are responsible for remaining knowledgeable about the Program terms. The terms published in the My Place Rewards section of The Children's Place website (childrensplace.com/rewards-terms) will be the applicable terms for the Program. The most current online version of these terms will supersede all previous versions of these terms.
Unless prohibited under the applicable laws of your jurisdiction, such as Quebec, The Children's Place reserves the right to terminate or change the Program, or any portion thereof, at any time, without prior written or electronic notice. Regardless of how you participate in the Program, benefits can be changed or terminated at any time without notice at the sole discretion of The Children's Place. If you do not agree with the revised terms, you may cancel your Membership. For details on how to cancel your Membership, see below.
The Program is void where prohibited by law.
When you present a valid account identifier such as your member number, phone number or email address from your member profile, you earn points on the eligible purchase amount at the rate of 1 point per US dollar spent (2 points per US dollar spent using the My Place Reward Credit Card), rounded to the nearest dollar. The eligible purchase amount is the transaction total for merchandise and gift wrap service after any discounts and does NOT include taxes, shipping or purchases of gift cards.
Transactions that can earn points ("eligible transactions") include all of your purchases of merchandise and gift wrap service at The Children's Place and The Children's Place Outlet stores located in the United States and Puerto Rico and at childrensplace.com (excluding merchandise shipped outside the United States). In order to earn points for online transactions at childrensplace.com, you must have an online account at childrensplace.com and be logged in for the online transaction. A transaction may earn points for only one My Place Rewards account.
Bonus points may be earned on certain purchases or non-purchase activities as defined by the Company from time to time. The Company reserves the right to limit promotional offers for bonus points to selected members and to terminate bonus point offers at any time.
Points cannot be earned or claimed on purchases made prior to your enrollment date. Bonus points cannot be earned prior to the start date of any bonus promotions associated with the Program. Points have no cash or other monetary value, are not transferable and may not be sold, resold, exchanged or bartered. Points are issued into your account approximately 48 hours after the date of the eligible transaction unless otherwise noted on the terms of a bonus offer.
If points are not issued for an eligible transaction, you may request the missing points up to 90 days after the original transaction at childrensplace.com or by calling 1-877-PLACE-US (752-2387). You will be asked to provide certain transaction-related information on the receipt to verify the purchase. All requests are subject to verification. The Company's decision as to whether or not points will be earned is final.
Unused points will expire at the end of the calendar month one year after they are earned. For example, points earned in October 2016 will expire October 31, 2017.
The Company may adjust your account status or points balance at any time and without notice, due to any computer or other error, technical issues experienced by the Company, machine malfunction, fraud or other misuse of Membership.
All transactions involving points are subject to review and verification by the Company. Points or reward certificates you earn or are awarded may be subject to taxation, for which you are solely responsible. The Company will not be responsible for any tax consequences which may flow from your Membership.
You may review your point balance and account activity by logging into your My Place Rewards account at childrensplace.com.
You are eligible for reward certificates as follows:
The Company will issue reward certificates generally by the 7th day of the month following the month in which you become eligible for a reward certificate(s). For example, any rewards earned in October 2016 generally would be issued no later than November 7, 2016. Reward certificates will be issued to your valid email address and can also be obtained by logging into your account at childrensplace.com. No more than 4 reward certificates will be issued in any calendar month and will be issued in the following values: $5, $10, $15, $20, $50, $100, $150, $200 USD. From your member account or valid email, you can print the reward certificate or apply it to an online purchase using the certificate web code. You may earn no more than $200 USD in reward certificates in any given calendar month. If you earn more than 4000 points, equal to a $200 USD reward certificate, in a single calendar month, your remaining points will carry over to the following calendar month.
You may combine more than one reward certificate as long as they are all from the same My Place Rewards account. You may also use reward certificates on a transaction where you are using a merchandise credit. My Place Rewards Certificate and/or other $ off coupons/offers will be applied prior to any % off coupons/offers.
Reward certificates cannot be redeemed for cash, and no cash or credit or refund will be given for the unused portion if a reward certificate exceeds the amount of the purchase.
You may use your reward certificate only toward the purchase of merchandise or gift wrap at The Children's Place and The Children's Place Outlet stores in the United States and Puerto Rico, as well as childrensplace.com (excluding merchandise shipped outside of the United States). You will be able to use reward certificates on any merchandise for sale including marked down and clearance items. You will not be able to use reward certificates for tax, shipping or the purchase of gift cards. You may be responsible for taxes, shipping fees or any other fees applicable to reward certificate redemption. In order to use your reward certificates for online transactions at childrensplace.com, you must have an online account at childrensplace.com and be logged in for the online transaction.
Each reward certificate issued will have a unique reward number and may be used only once. You will need to provide a printout of the reward certificate or the reward number at the time of purchase in order to redeem a reward certificate, which may be done by using the reward number stored in your member account (online at childrensplace.com). Reward certificates are not transferable and may not be sold, resold, exchanged or bartered.
Reward certificates expire on the date stated on the certificate.
Any points you earn on a purchase are deducted from your account if you return the merchandise. When merchandise is returned from a transaction where a reward certificate was used, the amount refunded will be the purchase price of the item(s) less a prorated amount of the reward certificate that was applied. If the points deducted during a return transaction exceed your current point balance, your account will reflect a negative balance. For example, your points balance prior to your return transaction is 70 points and you return $80 USD in merchandise; your new points balance would be -10. Once a reward certificate has been used in a transaction it cannot be reissued or used again, even if the merchandise purchased with the certificate was returned.
To receive birthday savings (20% for My Place Rewards members and 25% for My Place Rewards Credit Card members), you must provide The Children’s Place with your children’s birth month by logging in and updating your My Place Rewards account at childrensplace.com. Members are eligible to receive birthday offers for up to 4 children. Birthday savings will be issued to your valid email.
The birthday savings may be used toward the purchase of merchandise or gift wrap at The Children's Place and The Children's Place Outlet stores in the United States and Puerto Rico, as well as childrensplace.com (excluding merchandise shipped outside of the United States). You will be able to use the birthday savings on any merchandise for sale including marked down and clearance items. You may be responsible for taxes, shipping fees or any other fees applicable to reward certificate redemption. Regular shipping rates apply and are not discounted due to birthday savings. Each birthday savings issued will have a unique offer number and may be used only once. You will need to provide a printout of the birthday savings or the offer number at the time of purchase in order to redeem the birthday savings, which may be done by using the offer number stored in your member account (online at childrensplace.com). Birthday savings are not transferable and may not be sold, resold, exchanged or bartered.
Birthday savings expire 30 days after they are issued.
You must provide and maintain accurate and current user information in connection with your Membership, including name, email address and telephone number. You can update your account information at childrensplace.com.
You have the right to cancel Membership at any time by calling Customer Service: U.S. customers at 877-PLACE-US, Canadian customers at 877-827-7895. If you cancel your Membership, your account will be closed, your points balance will be zero and you will no longer have Membership benefits. The Company, in its sole discretion, may terminate your Membership without notice if continued use of your Membership would violate any of these terms or applicable law. For example, if the Company has valid reason to believe your account is being used fraudulently, Membership will be terminated. If your Membership is terminated, your account will be closed, your point balance will be zero and you will no longer have Membership benefits.
Unless the applicable laws of your jurisdiction require that the laws of such jurisdiction govern, such as Quebec, all issues and questions concerning the construction, validity, interpretation and enforceability of these Program terms and conditions shall be governed by and construed under the laws of New Jersey, U.S.A. without reference to conflict of law provisions.
United States and Puerto Rico: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright, trademarks, trade secrets, patents or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available at ist website at http://jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://jamsadr.com/consumer-arbitration/.
You and the Company must abide by these rules: (a) THE ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, TCP will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in New Jersey.
Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a Claim, or for other information about this organization, contact them as follows: www.adrcanada.ca
1The My Place Rewards Credit Card is issued by Comenity Capital Bank. Use of the credit card is subject to the terms and conditions outlined in the credit card agreement.