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 AND GYMBOREE ARE RESOLVED. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

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

The Program is provided by The Children’s Place, Inc. The Children’s Place, 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 purchases made at The Children’s Place stores, childrensplace.com and gymboree.com.

In these Terms, “you” and “your” mean the Account holder. “We,” “our,” and “us” mean The Children’s Place, Inc. (“the Company”). “Bank” means Comenity Capital Bank or its assignees.

Last updated 2/2020.
FOR THE MOST UP-TO-DATE TERMS, PLEASE VISIT
childrensplace.com/rewards-terms.

Eligibility and Enrollment

You may become a member of the Program by opening a rewards account (“Account” or “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 create an account online at childrensplace.com or gymboree.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 open a My Place Rewards Credit Card Account, 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 or at gymboree.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 gymboree.com or call 1-877-PLACE-US (752-2387) to add your email address to your My Place Rewards Account. 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, gymboree.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. All points earned by authorized buyers will go to the primary cardholder’s My Place Rewards Account. 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 stores located in the United States and Puerto Rico, and at childrensplace.com or gymboree.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 agree to our use of your personal information, including your transactional and profile data, in exchange for rewards in connection with the program, personalized program communications and special offers. You give the Company the right to use your personal information to send you communications regarding the Program and its associated features to the email address associated with your Account.

You are responsible for remaining knowledgeable about the Terms. The Terms published in the My Place Rewards section at childrensplace.com and gymboree.com (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. These Terms are separate and independent from your My Place Rewards Credit Card Account Agreement (your “Credit Card Account Agreement”), which governs the use of your credit card. In the event of any conflict between these Terms and your Credit Card 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 Company reserves the right to add to, terminate or change the Program or these Terms, 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 our sole discretion. To the extent allowed under applicable law (a) changes may apply retroactively, and may affect outstanding transactions or points, and may result in you involuntarily forfeiting points you have earned, and (b) changes will not affect issued or redeemed Reward Certificates except to the extent allowed under applicable law. 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 in connection with an Eligible Purchase, you may earn points on the eligible purchase amount at the rate of 1 point per US dollar spent, or 2 points per US dollar spent using the My Place Rewards Credit Card, rounded to the nearest dollar.

Points will only be earned for purchases made with the My Place Rewards Credit Card so long as the Credit Card Account is in Good Standing. “Good Standing” means (1) your Credit Card Account is open to new charges and not over your credit limit, (2) your Credit Card 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 Credit Card Account is not in a hardship or workout program, and (5) you are not subject to a credit counseling arrangement relating to your Credit Card Account.

The eligible purchase amount is the transaction total for merchandise and gift wrap products after any coupons or other discounts are applied, and minus any returns, refunds or credit adjustments, and does NOT include taxes, shipping, or purchases of gift cards. Points are not earned on, and the term “Eligible Purchase” does not include: returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Credit Card 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 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 earned have no cash value and may not be used as payment of any outstanding obligation to the Bank or its affiliates or to The Children’s Place, Inc.

Eligible Purchases are limited to purchases of merchandise and gift wrap products at The Children’s Place stores located in the United States and Puerto Rico and at childrensplace.com and gymboree.com (excluding merchandise shipped outside the United States). In order to earn points for online transactions at childrensplace.com or gymboree.com, you must have an online account at childrensplace.com or gymboree.com and be logged in for the online transaction. A transaction may earn points for only one My Place Rewards Account. You are solely responsible for ensuring that a transaction is credited towards your Account by providing relevant Account information at the time of purchase. You can see Eligible Purchases and review your point balance and account activity by logging into your My Place Rewards Account at childrensplace.com or gymboree.com.

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 in its sole discretion. 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.

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). Where you return an item in the same transaction as an Eligible Purchase, you will earn off your net Eligible Purchase, which must be completed during the special offer period in order for you to earn any applicable bonus points.

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. 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, Eligible Purchases. Points will remain available in your points balance until they are converted to a Reward Certificate as described below, are forfeited, or expire, as set forth below.

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. You will not receive any compensation or new points for your points that expire or are forfeited.

Points may not be sold, purchased, brokered, bartered, transferred or altered in any way by you. Any attempted transaction of such sort will automatically be void. Anyone engaging in such transactions will be liable for damages to us, including, but not limited to consequential damages, third party damages, transaction costs, attorneys’ fees and court costs. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused points.

If points are not issued for an Eligible Purchase, you may request the missing points up to 90 days after the original transaction at childrensplace.com, gymboree.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 January 2020 will expire January 31, 2021.

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.

Earning and Redeeming Rewards

You are eligible for Reward Certificates as follows:

• 100 points for a $5 USD Reward Certificate

The Company will issue Reward Certificates in $5 increments after the customer’s My Place Rewards Account reaches a minimum of 100 points. For example, if the Account reaches 200 points, the Company will issue a Reward Certificate in the amount of $10 USD.

Reward Certificates will be issued to your valid email address or, if applicable, your mobile number. Reward Certificates may also be obtained by logging into your Account at childrensplace.com or gymboree.com. Reward Certificates are issued in increments of $5 up to a maximum of $200 USD. From your member Account or valid email, you can print the Reward Certificate, show the Reward Certificate from a mobile device in store, or apply it to an online purchase using the certificate web code. You may earn no more than $200 USD in Reward Certificates on any given day. If you earn more than 4,000 points or if your Account has a balance greater than 4,000, a Reward Certificate in the amount of $200 USD will be issued and additional Reward Certificates will be issued in $5 increments (up to a maximum of $200 USD per day) as applicable on subsequent days until your points balance is reduced to less than 100 points.

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 products at The Children’s Place stores in the United States and Puerto Rico, as well as childrensplace.com and gymboree.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 and gymboree.com, you must have an online account at childrensplace.com or gymboree.com and be logged in for the online transaction. Any unused Reward Certificate value will be forfeited.

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 or gymboree.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, we may cancel any earned or outstanding Reward 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.

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. Where you return an item in the same transaction as an Eligible Purchase, you will earn points off your net Eligible Purchase.

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 or gymboree.com. Birthday information must be registered at least 4-6 weeks prior to your child’s birthday to receive the birthday savings. Members are eligible to receive birthday offers for up to 4 children. Birthday savings will be issued to your email associated with your Account.

The birthday savings may be used toward the purchase of merchandise and gift wrap products at The Children’s Place stores in the United States and Puerto Rico, as well as childrensplace.com or gymboree.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 coupon code and may be used only once. You will need to provide a printout or show on your mobile device in stores of the birthday savings coupon code at the time of purchase in order to redeem the birthday savings. Birthday savings are not transferable and may not be sold, resold, exchanged or bartered.

Birthday savings expire on the date stated on the birthday savings certificate.

Account Information

You must provide and maintain accurate and current user information in connection with your Membership, including first and last name, email address and telephone number. You can update your Account information at childrensplace.com or gymboree.com. We are not responsible for Reward Certificates or communications lost or undelivered due to incorrect or changed email address or other contact information.

You can view your Program activity on childrensplace.com or gymboree.com under “My Account”.

Cancellation; Termination

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

Limited Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, OR AGENTS, WILL BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM. To the fullest extent permitted by applicable law, this disclaimer applies to any damages or injury arising from the Program and your Account, including but not limited to (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.

Not withstanding 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.

No Warranties. The Bank does not: (a) endorse Reward Certificates or products or services purchased at The Children’s Place, Inc. using Reward Certificates; (b) make any express or implied warranty regarding Reward Certificates or products or services purchased at a The Children’s Place store or online at childrensplace.com or gymboree.com; (c) guarantee the performance of Reward Certificates or products or services purchased at a The Children’s Place store or online at childrensplace.com or gymboree.com; or (d) offer, operate or control Reward Certificates offered through this Program.

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).

Applicable Law and Mandatory Agreement to Arbitrate on an Individual Basis

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Enrolling in the Program constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Company will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

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 copyrights, 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, The Children’s Place 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: adrcanada.ca

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.

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.

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