PLEASE NOTE: EXCEPT WHERE PROHIBITED BY LAW, THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 14). THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER AFFECT HOW DISPUTES WITH THE CHILDREN’S PLACE ARE RESOLVED. BY ACCEPTING THESE MY PLACE REWARDS TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS HEREIN. PLEASE READ THEM CAREFULLY.

Please read these Terms & Conditions (“Terms”) carefully for important information about your rights and obligations in the My Place Rewards Program (the “Program”). These Terms govern your participation in the Program.

By applying to the Program, creating an Account, or otherwise participating in the Program, you agree to accept these Terms and acknowledge that you have read, understand, and agree to be bound to the Terms of Use (available at https://www.childrensplace.com/us/help-center/policies/termsandconditions) and our Privacy Policy (available at https://www.childrensplace.com/us/help-center/policies/privacypolicy), which are incorporated into, and made a part of 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 these Terms at any time. The purpose of the Program is to reward customers for purchases made at a The Children’s Place or Gymboree store (including respective outlet stores) in the United States or Puerto Rico (each, a “Store”), childrensplace.com and gymboree.com when shipping to an address in the United States or Puerto Rico or through our The Children’s Place, or Gymboree mobile apps (the “Mobile Apps”) when shipping to an address in the United States or Puerto Rico. The Program is not applicable to purchases made on or through third-party platforms, including, without limitation, Amazon.com, Shein.com or any other third party sites that may offer our products.

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

Last updated: September 23, 2025

You may become a member of the Program by opening a My Place Rewards account (“Account” or “Membership”) free of charge if you (i) are a legal resident of and have an address in the U.S., (ii) have reached the age of majority in your jurisdiction of residence, and (iii) have legal capacity to enter a binding legal agreement. You may apply for Membership (i) in person at a Store, or (ii) create an Account online at childrensplace.com, gymboree.com, or through the Mobile Apps. Program communications, updates, and offers will be sent via email; therefore, a valid email address is required for Membership. If you applied for Membership in a Store, you are required to create an online Account at childrensplace.com, gymboree.com, or through the Mobile Apps to participate in the Program. Employees of the Company, its subsidiaries and affiliates may participate in the Program for personal use only but may be excluded from certain benefits of the Program in our sole discretion. Benefits (as defined herein) are not compensation to employees, and nothing herein alters any employee’s status with the Company. No purchase is necessary to join the Program.

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 (“MPRCC”) Account, you will be automatically enrolled in the Program. Refer to the My Place Rewards Credit Card Account Agreement (your “Credit Card Account Agreement”), which governs your use of the credit card.

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, gymboree.com, or through the Mobile Apps, or call 1-877-PLACE-US (752-2387) to add your email address to your Account. When creating your online Account, please use the same information provided during the MPRCC application process so your Account may be properly synced with your My Place Rewards Credit Card. If you notice a discrepancy in your 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, through the Mobile Apps, or by calling 1-877-PLACE-US (752-2387).

You may have only one (1) Account. If you are a My Place Rewards Credit Cardholder, you may have four (4) additional authorized buyers on your MPRCC account, and all authorized buyers will collectively have one (1) Account under the primary cardholder’s name and contact information. All Points (as defined herein) earned by authorized buyers will go to the primary cardholder’s Account. Otherwise, account sharing is strictly prohibited.

You are responsible for remaining knowledgeable about the Program Terms. The most current online version of these Terms will supersede all previous versions of these Terms. These Terms are separate and independent from your Credit Card Account Agreement. 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, 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 in its sole discretion. When we revise or modify these Terms, they will be posted on the website and will be effective immediately upon posting and will supersede all prior versions. We may, but are not required to, provide additional notice via email. If you do not agree with the revised Terms, you may cancel your Membership pursuant to Section 8 below. Your continued participation in the Program after the posting of any revisions to these Terms shall confirm your acceptance of and agreement to be bound by the modified Terms, and, therefore, you should periodically review them to be aware of any changes.

The Program is void where prohibited by law.

The Program has three tiers: Insider, Stylist, and Icon (each, a “MPR Tier” and together, the “MPR Tiers”). All MPR Tiers provide access to a variety of privileges, benefits, discounts or bonuses to Members (collectively, the “Benefits”). The Company may, in its sole discretion, alter, limit, or modify the tier rules, regulations, Benefits, eligibility, or any other feature of a particular MPR Tier, or may terminate a particular MPR Tier at any time, without prior notice, except as expressly set out in these Terms or required by applicable law. The following chart provides a high-level summary of each MPR Tier and its respective Benefits, some of which are discussed further below (all dollar amounts are U.S. dollars):

Achieving MPR Tier Status

Upon your enrollment in the Program or as of September 23, 2025 for previously enrolled Members (and excluding MPRCC Members), you will automatically begin as an Insider Member (as further described below). MPRCC Members will automatically begin as Stylist Members (as further described below) upon enrollment in the Program. After enrollment, for the first 12 months in the Program, a Member’s MPR Tier status will be calculated based on your total dollars spent on Eligible Purchases (defined below) during such 12-month period (each 12-month period, a “Loyalty Year”). When you meet the spend threshold to achieve a higher MPR Tier status, a new Loyalty Year will begin on or around the date that such Eligible Purchase that achieved the spend threshold for the higher MPR Tier is fulfilled and completed. Where an order ships in multiple shipments, the order is deemed to be fulfilled and completed upon the shipment of the final item in the transaction containing the qualifying Eligible Purchase. You will receive an email notifying you when your new MPR Tier status is in effect. Upon the expiration of a Loyalty Year, your MPR Tier status will be calculated based on your total dollars spent on Eligible Purchases during the preceding Loyalty Year (excluding the amount spent on the Eligible Purchase that earned your prior MPR Tier status). Your new MPR Tier status benefits will apply for Eligible Purchases placed after the complete fulfillment of the transaction containing the qualifying Eligible Purchase that achieved your new MPR Tier status.

For example: If you enroll in the Program on October 1, 2025, you will automatically begin as and remain an Insider Member until you meet the spend threshold for a higher MPR Tier. If you place an order on October 2, 2025 that meets the spend threshold for Stylist tier status, and that order ships in two parts (with one part shipping on October 4, 2025 and the second part shipping on October 10, 2025), then a new Loyalty Year will begin upon October 10, 2025 and you will remain a Stylist Member until (i) October 9, 2026, or (ii) until you meet the spend the threshold for Icon tier status, whichever occurs first. If, by October 9, 2026 you do not meet the spend threshold for Icon tier status, then, upon the expiration of such Loyalty Year, your MPR Tier status will be calculated based on your total dollars spent on Eligible Purchases during the preceding Loyalty Year (excluding the amount spent on the Eligible Purchase that earned your Stylist tier status) and you will either remain a Stylist Member or revert to an Insider Member (as applicable).

Eligible Purchases are limited to fulfilled purchases of merchandise and gift wrap products at a Store when you present your valid Account identifier such as your member number, phone number or email address, and online at childrensplace.com, gymboree.com when logged into your Account (for purchases shipped within the United States or Puerto Rico), or through the Mobile Apps when logged into your Account (for purchases shipped within the United States or Puerto Rico), and does not include payment for e-gift cards/gift cards, services, ticket purchases for special events, taxes, fees, shipping/delivery, or the like. For clarity, annual spend and MPR Tier status is not earned on, and the term “Eligible Purchase” does not include: purchases or portions of purchases that are subsequently returned, refunded, credited, cancelled or adjusted; unauthorized or fraudulent charges; charges that violate the terms of your Credit Card Account Agreement, our Terms of Use or these Program Terms; purchases made by or for a business or for a business purpose; purchases made on or through third-party platforms (including, without limitation, Amazon, Shein, Walmart or other storefronts); purchases made outside of the United States or Puerto Rico or shipped outside of the United States or Puerto Rico; bulk purchases (as determined by Company in its sole discretion); balance transfers; interest; or fees or other Account activity.

Insider

All Members (except MPRCC Members) automatically begin as Insider Members. Subject to removal from the Program (as explained in Section 8 below), and except for MPRCC Members, a Member will remain an Insider Member indefinitely unless the minimum annual spend threshold required to achieve Stylist, Icon, or other MPR Tier status (as described below) is met.

Stylist

Stylist status is conferred on (a) any Member who spends between $75 and $300 after enrollment in the Program, and (b) all MPRCC Members in Good Standing (as defined below in Section 4) regardless of annual spend. Once Stylist status is achieved, you will maintain Stylist status for the following Loyalty Year, unless you meet the annual spend threshold required to achieve Icon status prior to the expiration of such Loyalty Year or are removed from the Program. Except for MPRCC Members, if during the course of the Loyalty Year you do not meet the minimum spend threshold for Stylist status or any higher MPR Tier, then, at the end of such Loyalty Year, your MPR Tier status will revert to Insider status for the following Loyalty Year. An MPRCC Member will remain a Stylist Member indefinitely unless the minimum spend threshold required to achieve Icon or other higher MPR Tier status (as described below) is met.

Icon

Icon status is conferred on Members who spend greater than $300 after enrollment in the Program. Once Icon status is achieved, you will maintain Icon status for the following Loyalty Year or are removed from the Program. An MPRCC Member who achieves Icon status will maintain Icon status for the following Loyalty Year, provided that the MPRCC Member remains in Good Standing. If during the course of the Loyalty Year you do not spend more than $300, then, at the end of such Loyalty Year, your MPR Tier status will revert to the applicable lower MPR Tier for the following Loyalty Year based on your total dollars spent on Eligible Purchases during the preceding Loyalty Year (excluding the amount spent on the Eligible Purchase that earned the prior Icon Tier status).

When you present a valid Account identifier such as your member number, phone number or email address in connection with an Eligible Purchase (defined above in Section 3) in a Store, or are logged into your Account when you make an Eligible Purchase online, Members in each MPR Tier will earn one (1) point (each, a “Point”) for every U.S. dollar spent (two (2) Points per U.S. dollar spent for MPRCC Members), rounded to the nearest U.S. dollar, on such Eligible Purchase (“Earn Rate”) as further detailed in the chart above.

MPRCC Members will earn Points for Eligible Purchases made with the MPRCC so long as the MPRCC Account is in Good Standing. “Good Standing” means: (1) your MPRCC Account is open to new charges and not over your credit limit, (2) your MPRCC Account is not more than 60 days past due or otherwise in default, (3) your MPRCC is not flagged as lost, stolen, or fraudulent according to the Bank’s records, (4) your MPRCC Account is not in a hardship or workout program, and (5) you are not subject to a credit counseling arrangement relating to your MPRCC Account.

For clarity, Points are not earned on, and the term “Eligible Purchase” does not include: purchases or portions of purchases that are subsequently returned, refunded, credited, or adjusted; 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; purchases made on or through third-party platforms (including, without limitation, Amazon, Shein, Walmart or other storefronts); purchases made outside of the United States or Puerto Rico or shipped outside of the United States or Puerto Rico; bulk purchases; balance transfers; interest; or 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 (e.g., the Eligible Purchase, or a portion thereof, is cancelled, returned, refunded, or credited). 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 Points. 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.

An Eligible Purchase may earn Points for only one Account. You are solely responsible for ensuring that an Eligible Purchase is credited towards your Account by providing relevant Account information at the time of purchase. You can review your Point balance and Account activity by logging into your Account at childrensplace.com, gymboree.com, or through the Mobile Apps.

During special offer periods, making a return in the same transaction as your Eligible 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 (as defined herein). Points cannot be earned or claimed on purchases made prior to your enrollment date in the Program. 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, may not be sold, resold, exchanged or bartered, and may not be used as payment of any outstanding obligation to the Bank or its affiliates or to The Children’s Place, Inc. or its affiliates. Points are automatically issued and will appear in your Account approximately 48 hours after your Eligible Purchase in a Store, or, for online purchases, approximately 48 hours after the shipment date of the Eligible Purchase, 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 Account until they are converted to an MPR Discount (as described below in Section 5), are forfeited, or expire, as set forth below.

Points earned in any calendar month will expire on the last day of the same calendar month in the following year. For example, Points earned in January 2026 will expire January 31, 2027. Except as otherwise provided by applicable law, you will forfeit all unused Points if your participation in the Program is cancelled or otherwise terminated (as provided in Section 8). 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 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.

The Company may adjust your MPR Tier 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 MPR Discounts 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 MPR Discounts

As of September 23, 2025, all Members can redeem at checkout a $5 discount (“MPR Discount”) for every 100 Points earned. For example, if your Account reaches 200 Points, you can redeem an MPR Discount in the amount of $10 USD at checkout (with minimum purchase for online orders of at least $0.01 after MPR Discount is applied). Points are used on a “first-in, first-out” basis. This means that older Points will always be used first when redeeming an MPR Discount.

The Company reserves the right to change the value of MPR Discounts in its sole discretion, including in connection with promotional offers. During such promotional offers, the value of Points, and the amount of MPR Discount dollars that can be issued for Points, may vary. For example, Company may run a promotional offer where customers may earn an MPR Discount of $10 USD for every 100 Points. However, if there are Points already in your Account prior to such promotional offer, the value of Points pre-dating the promotional offer will not change.

MPR Discounts are redeemable at checkout either at a Store, or online at childrensplace.com, gymboree.com (excluding merchandise shipped outside of the United States or Puerto Rico), or through the Mobile Apps (excluding merchandise shipped outside of the United States or Puerto Rico). For Store purchases, if the MPR Discount amount exceeds the amount of the purchase, then you forfeit the remainder of the MPR Discount. For example, if you make a $45.99 Store purchase and redeem/apply the maximum $50 MPR Discount, you will forfeit the remaining $4.01 of the MPR Discount. For online or Mobile App orders, the order total after the MPR Discount is applied must be at least $0.01 to complete the online order. For example, to redeem and apply a $50 MPR Discount at checkout for an online order, the total purchase price must be at least $50.01.

MPR Discounts are redeemable only in increments of $5 USD up to a maximum of $50 USD per day. You may redeem no more than $50 USD in MPR Discounts on any given day. Each MPR Discount may be used only once. MPR Discounts are not transferable and may not be sold, resold, exchanged or bartered. You may combine up to $50 USD in MPR Discounts per day. You may combine MPR Discounts with any other offer unless otherwise noted on the offer or unless otherwise determined by the Company in its sole discretion. You may also use MPR Discounts on a transaction where you are using a merchandise credit. Any % off coupons/offers will be applied prior to any MPR Discount. MPR Discounts are promotional in nature, are not gift cards, and cannot be redeemed for cash.

You may use your MPR Discount only toward the purchase of merchandise or gift wrap products at a Store, as well as online at childrensplace.com and gymboree.com (excluding merchandise shipped outside of the United States or Puerto Rico) or through the Mobile Apps (excluding merchandise shipped outside of the United States or Puerto Rico). You will be able to use MPR Discounts on any merchandise for sale, including marked down and clearance items. You will not be able to use MPR Discounts for tax, shipping or the purchase of gift cards. You may be responsible for taxes, shipping fees or any other fees applicable to MPR Discount redemption. MPR Discounts are applied to a purchase after all other discounts are applied to the applicable purchase. Shipping thresholds must be met after any MPR Discount is applied. In order to use your MPR Discount for online transactions at childrensplace.com and gymboree.com or through the Mobile Apps, you must have an online Account and be logged in for the online transaction. MPR Discounts are not earned on and do not apply to transactions on third-party platforms like Amazon, Walmart, Shein, etc.

As stated in Section 4, any Points you earn on an Eligible Purchase are deducted from your Account if you return the merchandise. When merchandise is returned from a transaction where an MPR Discount was used, the amount refunded will be the purchase price of the item(s) less a prorated amount of the MPR Discount that was applied. Once an MPR Discount has been used in a transaction it cannot be reissued or used again, even if the merchandise purchased with the discount was returned.

Communications

To receive some of the Benefits provided in this Program, you must opt-in and agree to receive (1) email advertising and marketing materials and/or (2) push notifications, and, by participating in the Program, you will automatically be subscribed to receive Program emails. If you do not wish to receive these communications, you can request that they be discontinued at any time by: (1) clicking “unsubscribe” in the Program emails, or (2) updating your Account online at childrensplace.com and gymboree.com, or through the Mobile Apps.

If you do not opt-in or if, at any time, you unsubscribe from our email advertising and marketing materials you can still earn and redeem Points, however, you may not be eligible to receive some of the Benefits provided in this Program.

Birthday Discount

To receive birthday savings (20% for all MPR Tier Members (excluding MPRCC Members, who will receive 25%)) (the “Birthday Discount”), you must provide The Children’s Place with your children’s birth month(s) by logging in and updating your My Place Rewards Account at childrensplace.com or gymboree.com or on the Mobile Apps. Birthday information must be registered at least 4 weeks prior to your child’s birthday, and you must opt in for marketing emails to receive the birthday savings (as further described above under “Communications”). Each member is eligible to receive a Birthday Discount for up to 4 children, ages 0-16.

Birthday Discounts will be issued to your email associated with your Account. The Birthday Discount may be redeemed in a Store, online at childrensplace.com and gymboree.com (excluding merchandise shipped outside of the United States or Puerto Rico), or through the Mobile Apps (excluding merchandise shipped outside of the United States or Puerto Rico). You will need to provide a printout of or show on your mobile device the Birthday Discount code at the time of purchase in order to redeem the Birthday Discount. Birthday Discounts are valid only on The Children’s Place, Gymboree, Sugar & Jade and PJ Place branded merchandise. Birthday Discounts are not transferable and may not be sold, resold, exchanged or bartered, and may only be used once. Birthday Discounts expire on the date stated on the Birthday Discount.

Early Access to Sales, Free Gift Wrap Kit and Additional Benefits

All MPR Tier Members may receive early access to sales as communicated by the Company via email from time to time in its sole discretion.

All MPR Tier Members will also receive free gift wrap kit(s) containing materials (standard gift service) (“Free Gift Wrap Kit”) for one (1) product in one (1) transaction (Insider = up to 1 per Loyalty Year, Stylist = up to 2 per Loyalty Year, Icon = up to 4 per Loyalty Year) when they make a purchase online at childrensplace.com or gymboree.com, or through the Mobile Apps.

All MPR Tier Members may receive additional offers and benefits as provided from time to time by the Company in its sole discretion. Additional terms and conditions may apply.

Personal Bonus Events and Bonus Points

Except for MPRCC Members, Stylist and Icon Members will be able to earn double (2x) Points at checkout a certain number of times per year. Stylist can earn double Points twice per Loyalty Year and Icon Members can earn double Points three times per Loyalty Year on days selected by the member, subject to blackout periods communicated by Company at Company’s sole discretion. MPRCC Members will be able to earn triple (3x) Points at checkout a certain number of times per year as described above (MPRCC Stylist Members will be able to earn triple points twice per Loyalty Year; MPRCC Icon Members will be able to earn triple points three times per Loyalty Year). Personal Bonus Events may only be applied to one Eligible Purchase per day.
Bonus Points may be earned on certain purchases or non-purchase activities as determined by the Company from time to time (“Bonus Points”). 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. We may change or withdraw an offer for Bonus Points at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Bonus Points for non-purchase activities will appear in your Account within forty-eight (48) hours of your satisfactory completion of the applicable required activity.

Special Events and Offers

Stylist and Icon Members may be able to take advantage of exclusive events and offers as communicated by the Company via email from time to time in its sole discretion.

Expedited Order Processing

Icon Members will receive expedited order processing for online orders (processing time may vary), where feasible. Expedited processing means that your order will be prioritized in our fulfillment queue, but it will not reduce or otherwise impact shipping times.

You must provide and maintain accurate and current user information in connection with your Account, including first and last name, email address and telephone number. You can update your Account information at childrensplace.com, gymboree.com, or through the Mobile Apps. We are not responsible for communications lost or undelivered due to incorrect or changed email address or other contact information. Additionally, you are solely responsible for maintaining email account settings that ensure that emails from thechildrensplace@promo.childrensplace.com are directed to your inbox and not to any Spam, Junk Mail, or Promotions folder, or alternatively, for monitoring such folders for communications from us. Electronic notices are deemed delivered when sent to the email address on file for your Account. You agree that you (i) will regularly monitor your email account and (ii) are deemed to have reviewed any email notices sent to your email address.

You can view your Program activity on childrensplace.com, gymboree.com, or through the Mobile Apps under “My Account”.

You understand that you alone are responsible for protecting the confidentiality of your username and password. This responsibility includes not allowing another person to use your credentials to access your Account. You understand that if this information is shared with anyone, or otherwise compromised, then all inquiries and submissions made via the Account will be logged under your username. Furthermore, you understand that you will be responsible for any losses or damages that may occur as a result of your failure to maintain the strict confidentiality of your username and password. If you suspect that your password has been compromised, your immediate remedy is to change it by logging into and updating your Account.

You have the right to cancel your Membership at any time by calling Customer Service at 877-PLACE-US (752-2387). If you cancel your Membership, your Account will be closed, your Points will automatically expire, and you will no longer have Membership Benefits.

The Company may, in its sole discretion, terminate the Program any time. The Company reserves the right to exclude individuals from the Program, modify or remove Points from a Member’s Account, and/or cancel orders that are not consistent with the Company’s policy in its sole but reasonable discretion. Further, 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 Points will automatically expire, and you will no longer have Membership Benefits.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 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 OR YOUR PARTICIPATION IN 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 MPR Discounts 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 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.

The Bank does not: (a) endorse MPR Discounts or products or services purchased at The Children’s Place, Inc. using MPR Discounts; (b) make any express or implied warranty regarding MPR Discounts or products or services purchased at a Store or online at childrensplace.com or gymboree.com or on the Mobile Apps; (c) guarantee the performance of MPR Discounts or products or services purchased at a Store or online at childrensplace.com or gymboree.com or on the Mobile Apps; or (d) offer, operate or control MPR Discounts offered through this Program.

THE COMPANY AND ALL SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS OR SERVICES RELATED TO THE PROGRAM.

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the Company and its affiliates and any of their directors, officers, employees, agents and representatives harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with: (i) your participation in the Program, (ii) your violation of these Terms, or (iii) your violation of any applicable law or the rights of any third party, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

The Program will comply with the Privacy Policy of the Company available at https://www.childrensplace.com/us/help-center/policies/PrivacyPolicy (for U.S. privacy policy) and the Notice of Financial Incentive.

We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at The Children’s Place, Inc., 500 Plaza Dr, Secaucus, NJ 07094, USA, Attention: Legal Department, of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence proceedings as set out in these Terms to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an action is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

You and The Children’s Place agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and The Children’s Place or you and a third-party agent of The Children’s Place (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any Claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your Claim at The Children’s Place, Inc., 500 Plaza Dr, Secaucus, NJ 07094, USA, Attention: Legal Department. This letter must be sent at least ten (10) business days before you initiate an arbitration proceeding against us.

Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Children’s Place will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or The Children’s Place from seeking action by federal, state, or local government agencies. You and The Children’s Place also have the right to bring qualifying Claims in small claims court or transfer qualifying Claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) business days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and The Children’s Place retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor The Children’s Place may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or The Children’s Place’s individual Claims.

If for any reason a Claim proceeds in court rather than in arbitration, you and The Children’s Place each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

This Arbitration Agreement Section of the Terms will survive the termination of your relationship with The Children’s Place.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE CHILDREN’S PLACE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

If twenty-five (25) or more similar claims are asserted against The Children’s Place at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim) (a “Mass Arbitration”), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner is directly or indirectly paying or advancing the arbitration fees and costs in a mass arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between the claimants, on the one hand, and us, on the other hand. The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the parties in amounts they see fit to ensure a fair division among the parties. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by The Children’s Place. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which The Children’s Place will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by The Children’s Place. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which The Children’s Place will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against The Children’s Place. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

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. Except for the Mass Arbitration Process Requirements section, if any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. However, if a Claim is part of a Mass Arbitration, and any part of the Mass Arbitration Process Requirements subsection is found to be invalid, void, or unenforceable, the Arbitration Agreement & Waiver of Certain Rights, including the Mass Arbitration Process Requirements subsection, shall be severed in its entirety. 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.

The 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 Account Agreement.

If you have questions about the Program or concerns regarding your Account activity, please contact our customer service team at 1-877-752-2387.