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The Children's Place Loyalty Program Terms & Conditions

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"). The Company is solely responsible for the Program operation and may withdraw or terminate the Program or change the terms of the Program at any time unless prohibited under the applicable laws of your jurisdiction.


Please review these Terms and Conditions (“Terms”) carefully for important information about your rights and obligations in the Program. By participating in the Program, you agree to these Terms.


In these Terms, “you” and “your” mean the Program member. “We,” “our” and “us” mean the Company. “Bank” means Comenity Capital Bank or its assigns.


Eligibility and Enrollment

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 automatically 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 contact information provided during the My Place Rewards Credit Card application process so your Membership account may be properly synced with your My Place Rewards Credit Card. If you notice a discrepancy in your Membership 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 Membership 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 Membership account under the primary cardholder’s name and contact information. All Points earned by authorized buyers will go to the primary Cardholder’s Membership account. If you are not a My Place Rewards Credit Cardholder, two members may share a Membership 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.


General Program Terms

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 you give the Company the right to use your transactional and profile data to send personalized program communications and special offers to the email and mailing address provided during enrollment.


You are responsible for remaining knowledgeable about these 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. Note, if you are a My Place Rewards Credit Cardholder, these Terms are separate and independent from your My Place Rewards Credit Card Account Agreement (your “Account Agreement”), which governs the use of your Credit Card. In the event of a conflict between these Terms and your Account Agreement, these Terms will control in any matter relating to the Program.


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.


Earning Points

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 after any discounts and minus any returns, refunds, or credit adjustments, 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 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 Membership account. Points are not earned on, and the term “Eligible Transaction” does not include returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, purchases made by or for a business purpose, balance transfers, interest, or fees.


Points may only be earned using your My Place Rewards Credit Card if the Credit Card Account is in Good Standing. “Good Standing” means (1) your Account is 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 Credit 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.


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, to terminate bonus point offers, to change or modify bonus point offers at any time without notice. Any such change or withdrawal will not affect bonus points already earned. The way to earn bonus points, and the bonus points that can be earned, may vary and may be subject to conditions or limitations, such as blackout periods, bonus points limits, or exclusions.


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 dispute your points balance by initiating a “Points Dispute” 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, and the Company will use reasonable efforts to investigate your Points Dispute. If you do not notify us of a Points Dispute within the 90 day period, you waive your right to make a Points Dispute with respect to that transaction. All requests are subject to verification. The Company's decision as to whether or not points will be earned is final. Your sole and exclusive remedy, and the Company’s maximum liability to you, in the event you prevail in a Points Dispute, is for the Company to credit the disputed points to your points balance. Please note, if you are a My Place Rewards Credit Cardholder, the dispute rights with respect to your Credit Card account under the Account Agreement do not apply to these Terms or to your rights and remedies under these Terms, which are as solely set forth in these Terms.


Unused points will expire at the end of the calendar month one year after they are earned. For example, points earned in October 2018 will expire October 31, 2019.


Except as otherwise provided by applicable law, you will forfeit all unused points if you file for bankruptcy, or your Membership is terminated. You will not receive any compensation or new points for your points that expire or are forfeited.


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.


Points may not be sold, purchased, brokered, bartered, transferred or altered in any way. Any attempted transaction of such sort will automatically be void. Anyone engaging in such transactions will be liable for damages to the Company, including but not limited to, consequential damages, third party damages, transaction costs, attorney’s fees and court costs. Any violation of these provisions or Terms may result in termination of your Membership. If your Membership is terminated, your account will be closed, your point balance will be zero and you will no longer have Membership benefits.


You may review your point balance and account activity by logging into your My Place Rewards account at childrensplace.com.


Earning and Redeeming Rewards

You are eligible for reward certificates as follows:


  • 100 points for a $5 USD reward

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 2018 generally would be issued no later than November 7, 2018. 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. Any unused reward certificate value will be forfeited.


You may use your reward certificate only toward the purchase of merchandise 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. Reward certificates reduce the purchase price of merchandise (i.e., is a discount), and you will not be able to use reward certificates for tax, shipping or the purchase of gift cards, or for payment of any outstanding obligation to the Bank or its affiliates or to the Company. 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.


To the extent allowed by applicable law, the Company may cancel any earned or outstanding reward certificates if the Company becomes insolvent, unable to pay its debts when due, files an action under the U.S. Bankruptcy Code or have such action filed against the Company.


Returns

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.


Birthday Savings

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.


TThe birthday savings may be used toward the purchase of merchandise 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.


Account Information

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. We are not responsible for reward certificates or communications lost or undelivered due to incorrect or changed email address or other contact information.


Cancellation; Termination

You have the right to cancel Membership at any time by calling Customer Service: U.S. customers at 1-877-PLACE-US (752-2387), Canadian customers at 1-877-827-7895. 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.


Privacy Policy

The Program will comply with the Privacy Policy of the Company available at childrensplace.com/privacy-us (for U.S. privacy policy) and childrensplace.com/privacy-ca (for Canada privacy policy).


Limited Liability

Unless otherwise required by law or our agreements with you, neither The Children’s Place nor the Bank, nor any of its respective affiliates, 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 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; or (d) any taxes that you incur as a result of receiving or redeeming Points. Notwithstanding the foregoing, any liability that we or they 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 Terms.


Applicable Law and Mandatory Agreement to Arbitrate on an Individual Basis

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 its 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.


Entire Agreement; Severability; Conflicts; No Waiver

These Terms contain the entire agreement between you and the Company regarding the Program, and supersede any previous terms and conditions governing the Program. 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. The Company will not lose or forfeit any rights under these Terms because we delay or do not enforce them. All waivers of any of these Terms by the Company must be in a writing executed by someone with authority to bind the Company.


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.